Marine Mammal Protection Act
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The Marine Mammal Protection Act of 1972 prohibits, with certain exceptions, the taking of marine mammals in United States waters and by U.S. citizens on the high seas, and the importation of marine mammals and marine mammal products into the U.S. Congress defines "take" as “harass, hunt, capture, or kill, or attempt to harass, hunt, capture or kill any marine mammal."
Under the Marine Mammal Protection Act (MMPA), the Secretary of Commerce is responsible for ensuring the protection of cetaceans (whales, porpoises, and dolphins) and pinnipeds (seals and sea lions; walruses excepted). The Secretary of the Interior is responsible for ensuring the protection of sea otters, polar bears, walruses, and manatees.
The MMPA established a moratorium on the taking and importation of marine mammals and marine mammal products, except: (1) for purposes of scientific research, public display, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of polar bear taken in sports hunts in Canada; (2) when taken incidentally in the course of commercial fishing operations; (3) to deter a marine mammal from damaging fishing gear or catch, damaging private property, endangering personal safety, or damaging public property; (4) when taken incidentally by citizens engaged in a specified activity (other than commercial fishing) within a specified geographical region; (5) when the Secretary of Commerce has waived the moratorium; or (6) if the marine mammal was taken by an Indian, Aleut, or Eskimo for subsistence purposes or for purposes of creating and selling authentic native articles of handicrafts and clothing. The MMPA provides for enforcement of the Act and its implementing regulations.
[edit] Policies
- Policies created in 1972
- Some marine mammal species or stocks may be in danger of extinction or depletion as a result of human activities
- These species or stocks must not be permitted to fall below their optimum sustainable population level (depleted)
- Measures should be taken to replenish these species or stocks
- There is inadequate knowledge of the ecology and population dynamics
- Marine mammals have proven to be resources of great international significance.
- Amended in 1994
- Certain exceptions to the take prohibitions, such as for Alaska Native subsistence and permits and authorizations for scientific research;
- A program to authorize and control the taking of marine mammals incidental to commercial fishing operations;
- Preparation of stock assessments for all marine mammal stocks in waters under U.S. jurisdiction; and
- Studies of pinniped-fishery interactions.
[edit] Findings
Congress found that: certain species and population stocks of marine mammals are or may be in danger of extinction or depletion due to human activities; these mammals should not be permitted to diminish below their optimum sustainable population; measures should be taken immediately to replenish any of these mammals that have diminished below that level, and efforts should be made to protect essential habitats; there is inadequate knowledge of the ecology and population dynamics of these mammals; negotiations should be undertaken immediately to encourage international arrangements for research and conservation of these mammals. Congress declared that marine mammals are resources of great international significance (aesthetic, recreational and economic), and should be protected and encouraged to develop to the greatest extent feasible commensurate with sound policies of resource management. The primary management objective should be to maintain the health and stability of the marine ecosystem. The goal is to obtain an optimum sustainable population within the carrying capacity of the habitat.
