(a) Except for the takings contemplated in § 217.172 and authorized by a LOA issued under §§ 216.106 of this chapter and 217.176, it is unlawful for any person to do any of the following in connection with the activities described in § 217.170:

(1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under §§ 216.106 of this chapter and 217.176;

(2) Take any marine mammal not specified in such LOA;

(3) Take any marine mammal specified in such LOA in any manner other than as specified;

(4) Take a marine mammal specified in such LOA if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or

(b) [Reserved]