The full text of the marine mammal protection act of 1972 as amended introduction section 2. Nowhere else in the world had a government made the conservation of healthy and stable ecosystems as important as the conservation of individual species. Mmpa was signed into law on october 21, 1972, by president richard. The mmpa prohibits, with certain exceptions, the take of marine mammals in u.
A harvesting nation must demonstrate that all aquaculture operations, regardless of their classification, sited in marine mammal habitat or interacting with marine mammals, are prohibited from the intentional killing or serious injury of marine mammals in the course of aquaculture operations or have established procedures to reliably certify that exports of fish and fish products to the united states are not the product of an intentional killing or serious injury of a marine mammal. Overview of the threats to polar bears the polar bear has been protected in the u. Strategic framework for marine mammal restoration activities. Us marine mammals marine mammal protection act animal. The importance of the marine mammal protection act of 1972. Marine mammal authorization program to engage in the lawful incidental taking of marine mammals in a category i or ii commercial fishery, an owner of a vessel. Read3 1gund institute for ecological economics, university of vermont, burlington, vermont.
The marine mammal protection act mmpa was passed by congress in 1972 to protect marine mammals in our oceans and on our shores from harassment and harm. Marine mammal protection act the sierra club favors legislation to prohibit all hunting and harassment of marine mammals, with the exception of 1. The current status of many marine mammal populations is considerably better than in 1972. The mmpa established a national policy to prevent marine mammal species and population stocks from declining beyond the point where they ceased to be significant functioning elements of the ecosystems of which they are a part. Determination of alaska native status under the marine. In this act captive marine mammal means a marine mammal under human care and maintained in a captive marine mammal facility. This rule establishes conditions for evaluating a harvesting nations regulatory program to address incidental and measures to address intentional mortality and serious injury of marine mammals in. Operators would have to apply for incidental take authorizations for their specific surveys. The regulation, the list of foreign fisheries, and a regional analysis of marine mammal bycatch lauren fields national marine fisheries service office of international affairs and seafood inspection program september 25, 2018. Sep 20, 2012 the marine mammal protection act of 1972, on october 21, 1972. B in1 section 118 and title iv other than section 408. This rule established conditions for evaluating a harvesting nations regulatory programs to address incidental and intentional mortality and serious.
Kurt, bioacoustics research program, cornell laboratory of ornithology. The marine mammal protection act mmpaprotects marine mammals and prohibits, with certain exceptions, the take of marine mammals in u. Under the mmpa, congress directed that the primary objective of marine mammal management should be to maintain the health and stability of the marine ecosystem and, when consistent with that primary objective, to obtain and maintain optimum sustainable populations of marine mammals. Marine mammal protection act mmpa protects all marine mammals, including cetaceans whales, dolphins, and porpoises, pinnipeds seals and sea lions, sirenians manatees and dugongs, sea otters, and polar bears within the waters of the united states.
Passed in 1972, the marine mammal protection act has two fundamental objectives. Under the mmpa, congress directed that the primary objective of marine mammal management should be to maintain the health and stability of the marine ecosystem and, when consistent with that primary objective. Reauthorization issues description this discusses a range of issues likely to be raised during any reauthorization debate, the reasons behind them, and possible proposals that could be offered to address these concerns. The congress finds that 1 certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of mans activities. An act to make provision for the protection of marine mammals. The act prohibits, with certain exceptions, the take of marine mammals in u. For complete classification of this act to the code, see short title note set out under section 61 of this title and tables. Marine mammal protection act page 3 of 56 7 the term marine mammal product means any item of merchandise which consists, or is composed in whole or in part, of any marine mammal. The department of commerce through the national marine fisheries service is charged with protecting whales, dolphins, porpoises, seals, and seal lions. Marine mammal protection act marine mammal commission. The marine mammal protection act mmpa was the first legislation to mandate an ecosystembased approach to marine resource management. Whereas, the marine mammal protection act was enacted in 1972 prohibiting the take, import, and export of marine mammals by united states citizens.
This final action implements the import provisions of the marine mammal protection act mmpa. Marine mammal protection act mmpa or act prohibits, with certain exceptions, the take of marine mammals in u. Pursuant to section 28 of the marine mammals protection act 1978, her excellency the governorgeneral, acting by and with the advice and consent of the executive council, hereby makes the following regulations. All marine mammals are federally protected under the marine mammal protection act mmpa of 1972, through which congress declared marine mammals to be. Congress enacted the marine mammal protection act mmpa in 1972, due in part to the high level of dolphin mortality in the eastern tropical pacific tuna fishery estimated at more than 400,000 animals per year in the late 1960s. If noaa fisheries does not take appropriate action within sixty days to cure the violations outlined in this notice letter, our organizations will file suit and pursue appropriate remedies. In august 2016, nmfs published a final rule 81 fr 54390. It prohibits with certain exceptions the take of marine mammals in u. Directorgeneral to be notified of actions taken in respect of marine mammals.
The government of the republic of the marshall islands recognizes that marine mammals are resources of international significance and that they should be protected to the extent feasible with sound policies of resour ce ma nag. Marine mammal protection act page 4 of 56 fishery, the purpose of which is the conservation and management of that fishery and the management of issues relating to that fishery. This act may be cited as the marine mammal protection act. Marine mammals in the gulf of mexico gom inhabit a broad range of habitats, from offshore including the continental shelf to coastal waters and bays, sounds, and estuaries. Navy training and testing activities in the hawaiisouthern california training and testing study area may 2019. This rule establishes conditions for evaluating a harvesting nations regulatory program to address incidental and measures to address intentional mortality and serious injury of marine mammals. The marine mammal protection act mmpa protects all marine mammals in u. The act established a national policy to prevent marine mammal.
Dunphydaly,3 caitlin campbell,4 michael jasny,5 and andrew j. Assessing stocks gives us valuable information on marine mammal population trends, productivity rates, estimates of humancaused mortality and other. Fostering unjust captivity practices since 1972 stephanie dodson dougherty there is about as much educational benefit to be gained in stud. The marine mammal protection act defines a marine mammal stock as a group of individuals of the same species or smaller taxa in a common spatial arrangement that interbreed when mature. In 1994, the act was amended to include annual reports of various marine mammal species populations found in u. Section 117 of the 1994 amendments to the marine mammal protection act mmpa requires that an annual stock assessment report sar for each stock of marine mammals that occurs in waters under usa jurisdiction, be prepared by the national marine fish. On the atlantic outer continental shelf alone, current procedural requirements led to 1,221 days for noaa to make a. Marine mammal protection act agencies noaa office for. Animal protection groups, and a growing number of scientists, counter that the lives of captive marine mammals are impoverished, people do not receive an accurate picture of a species from captive representatives, and the trade in live marine mammals negatively affects populations and habitats. Dangerously near extinction or depletion, certain population stocks no longer maintain their role in the ecosystem. Goals of the marine mammal protection act mmpa to maintain the optimum sustainable population osp and ecosystem function of marine mammal stocks to restore depleted stocks to their optimum sustainable population levels to reduce mortality and serious injury bycatch of marine mammals incidental to commercial fishing. The marine mammal protection act mmpa was the first act of the united states congress to call specifically for an ecosystem approach to wildlife management. The congress finds that 1 certain species and population stocks of marine mammals are, or may be, in danger. It recognizes the importance of marine mammals to the oceans and seeks to restore or maintain populations at healthy and productive levels.
Approach for marine mammal impact assessment in the atlantic. A looming giant for offshore permitting ryan steen stoel rives llp. The marine mammal protection act mmpa was enacted on october 21, 1972. Recognized threat to marine mammals and external petition pressure, marine mammal protection act mmpa provisions to prohibit fish imports from nations with unsustainable marine mammal bycatch, the secretary of the treasury shall ban the importation of commercial fish or fish product from fish which have been. The mmpa gives the secretary of commerce, working through the national oceanic and atmospheric administrations national marine. Increased populations of pinnipeds harbor seals and california sea lions, resulting from their protection by the marine mammal protection act, are considered a major stressor on pacific herring, and.
The marine mammal protection act of 1972 as amended 5 f indings and declaration of policy 16 u. Fish and fish product import provisions of the marine mammal. Marine mammal protection act of 1972 as amended 2007. November 17, 2018 the marine mammal protection act mmpa or act prohibits, with certain exceptions, the take of marine mammals in u. The marine mammal protection act mmpa or act prohibits, with certain exceptions, the take of marine mammals in u. In addition, the mmpa regulates the import and export of all products made from marine mammals, such as ivory. Time to modernize the marine mammal protection act iagc. Fish and fish product import provisions of the marine. Determination of alaska native status under the marine mammal. Jul 27, 2017 in 1994, the act was amended to include annual reports of various marine mammal species populations found in u.
Marine mammals protection act 1978 no 80 as at 21 december. Must be issued and carry onboard a mmap certificate report marine mammal injury or mortality take an observer if requested. Fish and wildlife service office of law enforcement 16 usc 611407 marine mammal protection act page 3 of 56 7 the term marine mammal product means any item of merchandise which consists, or is composed in whole or in part, of any marine mammal. August 15, 2016 implementing the fish and fish product import provisions section 101a2 of the marine mammal protection act mmpa. Marine mammal protection marine mammal protection act policies, guidance, and regulations. Approach for marine mammal impact assessment in the. Fletcher, bob, president, sportfishing association of california. Marine mammal protection act what is the marine mammal protection act.
Marine mammal protection act united states fish and. Marine mammals protection regulations 1992 sr 1992322. Be it enacted by the senate and house of representatives. Office of protected resources and the marine mammal protection act the marine mammal protection act of 1972 was enacted in response to increasing concerns among scientists and the public that significant declines in some species of marine mammals were caused by human activities. Fish and wildlife service office of law enforcement 16. The marine mammal protection act of 1972, referred to in text, is pub.
The marine mammals protection act 1978 is an act of parliament passed in new zealand in 1978. Protection and restoration of marine life in the inland. It is administered by the department of conservation. Assent 2nd august, 2005 commencement 10th august, 2005 1. Marine mammal protection act letter of authorization. Fish and wildlife service office of law enforcement. The mmpa regulatory definitions emphasizes 14 blood quantum as the primary criteria for identifying an alaska native. Marine mammals for public display under the marine mammal protection act to the agency on june 15, 2012. Marine mammal protection act policies, guidance, and.