---
kind: "section"
citation: "50 C.F.R. § 217.202"
title: "50"
number: "217.202"
heading: "Permissible methods of taking."
url: "https://uscodex.org/cfr/50/217.202"
---

# §217.202. Permissible methods of taking.

- (a) Under Letters of Authorization issued pursuant to [§ 216.106](/cfr/50/216.106.md) of this chapter and [§ 217.207](/cfr/50/217.207.md), the Port of Anchorage and MARAD, and persons under their authority, may incidentally, but not intentionally, take marine mammals by harassment, within the area described in [§ 217.200](/cfr/50/217.200.md), provided the activity is in compliance with all terms, conditions, and requirements of these regulations and the appropriate Letter of Authorization.
- (b) The taking of marine mammals under a Letter of Authorization is limited to the incidental take, by Level B harassment only, of the following species under the activities identified in [§ 217.200(a)](/cfr/50/217.200.md?p=a): Cook Inlet beluga whales (Delphinapterus leucas), harbor seals (Phoca vitulina), harbor porpoises (Phocoena phocoena), and killer whales (Orcinus orca).
- (c) The taking by injury or death of the species listed in [paragraph (b)](#b) of this section or the taking by Level B harassment, injury or death of any other marine mammal species is prohibited and may result in the modification, suspension, or revocation of a Letter of Authorization.

## Notes

### Authority

Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

### Source

Source: 74 FR 35143, July 20, 2009, unless otherwise noted.