Marine Mammal Protection Act of 1972

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What it does:• Prohibits, with certain exceptions, the taking of marine

mammals in the 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." It was proclaimed on October 21, 1972.

Who is Involved• 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.

Exceptions• 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.

Amendments Amended in 1995

• 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.

Full Text can be found at:

http://www.nmfs.noaa.gov/pr/pdfs/laws/mmpa.pdf

The Society for Animal Protective Legislation

The legislative arm of the Animal Welfare Institute. SAPL has worked for the successful adoption of over 15 federal laws,

including the Animal Welfare Act, the Endangered Species Act, the Humane Slaughter Act and the Marine Mammal

Protection Act. The Society continues to defend existing laws, oppose bills that threaten animals and work for new

protective measures, following through after they are enacted to ensure sound regulation and sufficient funds for

enforcement. Current efforts include pushing for the passage of bills to ban horse slaughter, end the sale of random source dogs and cats by dealers and prohibit the use of the steel-jaw

leghold trap.

Bibliography

• http://en.wikipedia.org/wiki/Society_for_Animal_Protective_Legislation

• http://en.wikipedia.org/wiki/Marine_Mammal_Protection_Act

• http://www.nmfs.noaa.gov/pr/pdfs/laws/mmpa.pdf

• http://www.nmfs.noaa.gov/pr/laws/mmpa/