50 CFR § 217.43 - Prohibitions.

---
identifier: "/us/cfr/t50/s217.43"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 217.43 - Prohibitions."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "217.43"
section_name: "Prohibitions."
chapter_name: "NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
subchapter_number: "C"
subchapter_name: "MARINE MAMMALS"
part_number: "217"
part_name: "REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1361  unless otherwise noted."
regulatory_source: "74 FR 35143, July 20, 2009, unless otherwise noted."
cfr_part: "217"
---


# 217.43 Prohibitions.

Except for the taking permitted in § 217.42 and authorized by the LOA issued under § 216.106 of this chapter and this subpart, it is unlawful for any person to do any of the following in connection with the activities specified activities in § 217.40:

(a) Violate or fail to comply with the terms, conditions, and requirements of this subpart or the LOA issued under this subpart;

(b) Take any marine mammal not specified in the LOA;

(c) Take any marine mammal specified in the LOA in any manner other than as specified in the LOA;

(d) Take any marine mammal specified in the LOA after NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal; or

(e) Take any marine mammal specified in the LOA after NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.