Marine Mammal Protection Act

Marine Mammal Protection Act
Shorttitle	Marine Mammal Protection Act
Longtitle	An Act to protect marine mammals.
Enacted by	92nd
Effective date	October 21, 1972
Public law	92-522
Statutes at large	86, 1027
Titles amended	16
Sections created	1361–1423h
Leghisturl	https://www.congress.gov/bill/92nd-congress/house-bill/10420

Marine Mammal Protection Act is a foundational piece of United States environmental legislation enacted in 1972. It established a comprehensive national policy to protect marine mammals and their ecosystems from depletion due to human activities. The law marked a significant shift from species-by-species management to a proactive, ecosystem-based approach for conservation.

Background and legislative history

Growing public and scientific concern over the decline of marine mammal populations, driven by events like the Cleveland Amory-led campaign against the Canadian seal hunt and documented declines in species like the humpback whale, created a powerful impetus for federal action. Key legislative champions included Walter B. Jones Sr. of North Carolina and John Dingell of Michigan, who shepherded the bill through the United States House Committee on Merchant Marine and Fisheries. The legislation passed with broad bipartisan support, reflecting the rising influence of the modern environmental movement exemplified by the first Earth Day and the recent passage of laws like the Endangered Species Act. President Richard Nixon signed it into law on October 21, 1972.

Key provisions and prohibitions

The act establishes a moratorium on the "taking" and importation of marine mammals and marine mammal products within United States jurisdiction. The definition of "take" is broad, encompassing harassment, hunting, capturing, collecting, or killing any marine mammal. It mandates that marine mammal populations should not be permitted to fall below their Optimum Sustainable Population level. The law also addresses specific issues like the mortality of dolphins in the Eastern Tropical Pacific tuna fishery and interactions with commercial fishing operations through later amendments. It further prohibits the public feeding of wild marine mammals, such as in locations like Monterey Bay.

Regulatory agencies and implementation

Primary responsibility for implementation is shared between two federal agencies: the National Marine Fisheries Service, a part of the National Oceanic and Atmospheric Administration, which manages cetaceans and pinnipeds (excluding walrus), and the United States Fish and Wildlife Service, which manages walrus, sea otters, polar bears, manatees, and dugongs. The Marine Mammal Commission, an independent oversight agency established by the act, provides science-based review and policy recommendations. Enforcement is carried out by officers from NOAA Fisheries Office of Law Enforcement and the United States Coast Guard.

Exceptions and permits

The moratorium is not absolute; several key exceptions allow for permitted activities. These include scientific research permits, public display permits for institutions like the Shedd Aquarium or SeaWorld, and "incidental take" authorizations for commercial fisheries and other industries such as offshore oil and gas exploration. The act also contains an exemption for Alaska Natives who dwell on the coast, allowing the taking of marine mammals for subsistence or creating authentic articles of native handicraft. Additionally, permits can be issued for the import of specimens for scientific research or public display.

Impacts and controversies

The act is credited with contributing to the recovery of several species, including the California sea otter and various great whale populations. It fundamentally changed practices in the tuna fishing industry and set a global precedent for marine conservation. However, it has also been a source of ongoing controversy, particularly regarding conflicts between protected species and commercial fishing interests, as seen with sea lion interactions in the Pacific Northwest. Debates also persist over the adequacy of regulations for naval sonar testing and its effects on species like the beaked whale, and the ethics of public display permits for facilities like Marineland of Florida.

Amendments and reauthorizations

The act has been amended several times to address emerging issues and strengthen its provisions. Major amendments include those in 1981, 1988, 1992, 1994, and 2007. The 1994 amendments established the Marine Mammal Health and Stranding Response Program and created a formal process for authorizing incidental take in commercial fishing. The 2007 amendments focused on mitigating sonar impacts. The act requires periodic reauthorization by Congress; while it has been reauthorized multiple times, it has also operated under continuing resolutions when formal reauthorization lapsed, as was the case for many years following the 1994 amendments until provisions were updated in the 2018 John S. McCain National Defense Authorization Act.

Category:United States federal environmental legislation Category:1972 in the environment Category:Marine conservation