Marine Mammal Protection Act
Encyclopedia
The Marine Mammal Protection Act (MMPA) of 1972 was the first article of legislation to call specifically for an ecosystem approach to natural resource management and conservation. MMPA prohibits the taking of marine mammal
s, and enacts a moratorium on the import, export, and sale of any marine mammal, along with any marine mammal part or product within the United States
. The U.S. Congress defines "take" as “the act of hunting
, killing, capture, and/or harassment of any marine mammal; or, the attempt at such. The MMPA defines harassment as any act of pursuit, torment or annoyance which has the potential to either: a. injure a marine mammal in the wild, or b. disturb a marine mammal by causing disruption of behavioral patterns, which includes, but is not limited to, migration, breathing, nursing, breeding, feeding, or sheltering. The MMPA provides for enforcement of its prohibitions, and for the issuance of regulations to implement its legislative goals.
through the U.S. Fish and Wildlife Service (Service), and the Secretary of Commerce
, which is delegated to the National Oceanic and Atmospheric Administration
(NOAA). Subsequently, a third Federal agency, the Marine Mammal Commission
(MMC), was established to review existing policies and make recommendations to the Service and the NOAA better implement the MMPA. Coordination between these three Federal agencies is necessary in order to provide the best management practices for marine mammals.
Under the MMPA, the Service is responsible for ensuring the protection of sea otter
s and marine otters, walrus
es, polar bear
s, three species of manatee
s, and dugong
s. The NOAA was given responsibility to conserve and manage pinniped
s including seals and sea lion
s and cetaceans such as whale
s and dolphin
s.
Applications for such permits are reviewed and issued the Service's Division of Management Authority, through the International Affairs office. This office also houses the Division of International Conservation, which is directly responsible for coordinating international activities for marine mammal species found in both U.S. and International waters, or are absent from U.S. waters. Marine mammal species inhabiting both U.S. and International waters include the West Indian manatee, sea otter, polar bear, and Pacific walrus. Species not present in U.S. waters include the West African and Amazonian manatee, dugong, Atlantic walrus, and marine otter.
Various Marine Mammal Management offices are located on either coast. The Service's Marine Mammal Management office in Anchorage, Alaska
is responsible for the management and conservation of polar bears, Pacific walruses, and northern sea otters in Alaska. Northern sea otters present in Washington State are managed by the Western Washington Field Office, while southern sea otters residing in California
are managed by the Ventura Field Office. West Indian manatee populations extend from Texas
to Rhode Island
, and are also present in the Caribbean Sea
; however, this species is most prevalent near Florida
(the Florida subspecies) and Puerto Rico
(the Antillean subspecies). The Service’s Jacksonville Field Office manages the Florida manatee, while the Boqueron Field Office manages the Antillean manatee.
The polar bear, southern sea otter, marine otter, all three species of manatees, and the dugongare also concurrently listed under the Endangered Species Act
(ESA).
Policies created in 1982
• 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.
The 1984 amendments established conditions to be satisfied as a basis for importing fish and fish products from nations engaged in harvesting yellowfin tuna with purse seines and other commercial fishing technology, as well as authorized appropriations for agency activities through FY 1988.
Several additional amendments were enacted in 1988. Features of the 1988 amendments include:
• the establishment of conditions and procedures for the Secretaries of Commerce and Interior to review the status of populations to determine if they should be listed as "depleted" (below optimal, sustainable population numbers or listed as threatened or endangered);
• the preparation of conservation plans for any species listed as "depleted", including a requirement that such plans be modeled after recovery plans developed pursuant to the Endangered Species Act;
• the listing of conditions under which permits may be issued to take marine mammals for the protection and welfare of the animals, including importation, public display, scientific research, and enhancing the survival or recovery of a species; and
• a reward system under which the Secretary of the Treasury can pay up to $2500 to individuals providing information leading to convictions for violations of the Act.
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.
Marine mammal
Marine mammals, which include seals, whales, dolphins, and walruses, form a diverse group of 128 species that rely on the ocean for their existence. They do not represent a distinct biological grouping, but rather are unified by their reliance on the marine environment for feeding. The level of...
s, and enacts a moratorium on the import, export, and sale of any marine mammal, along with any marine mammal part or product within the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The U.S. Congress defines "take" as “the act of hunting
Hunting
Hunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
, killing, capture, and/or harassment of any marine mammal; or, the attempt at such. The MMPA defines harassment as any act of pursuit, torment or annoyance which has the potential to either: a. injure a marine mammal in the wild, or b. disturb a marine mammal by causing disruption of behavioral patterns, which includes, but is not limited to, migration, breathing, nursing, breeding, feeding, or sheltering. The MMPA provides for enforcement of its prohibitions, and for the issuance of regulations to implement its legislative goals.
Marine mammal management
Authority to manage the MMPA was divided between the Secretary of the InteriorUnited States Department of the Interior
The United States Department of the Interior is the United States federal executive department of the U.S. government responsible for the management and conservation of most federal land and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native...
through the U.S. Fish and Wildlife Service (Service), and the Secretary of Commerce
United States Department of Commerce
The United States Department of Commerce is the Cabinet department of the United States government concerned with promoting economic growth. It was originally created as the United States Department of Commerce and Labor on February 14, 1903...
, which is delegated to the National Oceanic and Atmospheric Administration
National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration , pronounced , like "noah", is a scientific agency within the United States Department of Commerce focused on the conditions of the oceans and the atmosphere...
(NOAA). Subsequently, a third Federal agency, the Marine Mammal Commission
Marine Mammal Commission
The Marine Mammal Commission is an independent agency of the U.S. government, established under Title II of the Marine Mammal Protection Act.The Marine Mammal Commission provides independent oversight of the marine mammal conservation policies and programs being carried out by other American...
(MMC), was established to review existing policies and make recommendations to the Service and the NOAA better implement the MMPA. Coordination between these three Federal agencies is necessary in order to provide the best management practices for marine mammals.
Under the MMPA, the Service is responsible for ensuring the protection of sea otter
Sea Otter
The sea otter is a marine mammal native to the coasts of the northern and eastern North Pacific Ocean. Adult sea otters typically weigh between 14 and 45 kg , making them the heaviest members of the weasel family, but among the smallest marine mammals...
s and marine otters, walrus
Walrus
The walrus is a large flippered marine mammal with a discontinuous circumpolar distribution in the Arctic Ocean and sub-Arctic seas of the Northern Hemisphere. The walrus is the only living species in the Odobenidae family and Odobenus genus. It is subdivided into three subspecies: the Atlantic...
es, polar bear
Polar Bear
The polar bear is a bear native largely within the Arctic Circle encompassing the Arctic Ocean, its surrounding seas and surrounding land masses. It is the world's largest land carnivore and also the largest bear, together with the omnivorous Kodiak Bear, which is approximately the same size...
s, three species of manatee
Manatee
Manatees are large, fully aquatic, mostly herbivorous marine mammals sometimes known as sea cows...
s, and dugong
Dugong
The dugong is a large marine mammal which, together with the manatees, is one of four living species of the order Sirenia. It is the only living representative of the once-diverse family Dugongidae; its closest modern relative, Steller's sea cow , was hunted to extinction in the 18th century...
s. The NOAA was given responsibility to conserve and manage pinniped
Pinniped
Pinnipeds or fin-footed mammals are a widely distributed and diverse group of semiaquatic marine mammals comprising the families Odobenidae , Otariidae , and Phocidae .-Overview: Pinnipeds are typically sleek-bodied and barrel-shaped...
s including seals and sea lion
Sea Lion
Sea lions are pinnipeds characterized by external ear-flaps, long fore-flippers, the ability to walk on all fours, and short thick hair. Together with the fur seal, they comprise the family Otariidae, or eared seals. There are six extant and one extinct species in five genera...
s and cetaceans such as whale
Whale
Whale is the common name for various marine mammals of the order Cetacea. The term whale sometimes refers to all cetaceans, but more often it excludes dolphins and porpoises, which belong to suborder Odontoceti . This suborder also includes the sperm whale, killer whale, pilot whale, and beluga...
s and dolphin
Dolphin
Dolphins are marine mammals that are closely related to whales and porpoises. There are almost forty species of dolphin in 17 genera. They vary in size from and , up to and . They are found worldwide, mostly in the shallower seas of the continental shelves, and are carnivores, mostly eating...
s.
Marine mammal permits and international coordination
The MMPA prohibits the take and exploitation of any marine mammal without appropriate authorization, which may only be given by the Service. Permits may be issued for scientific research, public display, and the importation/exportation of marine mammal parts and products upon determination by the Service that the issuance is consistent with the MMPA’s regulations. The two types of permits issued by the National Marine Fisheries Service Office of Protected Resources are incidental and directed. Incidental permits, which allow for some unintentional taking of small numbers of marine mammal, are granted to U.S. citizens who engage in a specified activity other than commercial fishing in a specified geographic area. Directed permits are required for any proposed marine mammal scientific research activity that involves taking marine mammals.Applications for such permits are reviewed and issued the Service's Division of Management Authority, through the International Affairs office. This office also houses the Division of International Conservation, which is directly responsible for coordinating international activities for marine mammal species found in both U.S. and International waters, or are absent from U.S. waters. Marine mammal species inhabiting both U.S. and International waters include the West Indian manatee, sea otter, polar bear, and Pacific walrus. Species not present in U.S. waters include the West African and Amazonian manatee, dugong, Atlantic walrus, and marine otter.
Marine mammal conservation in the field
In efforts to conserve and manage marine mammal species, the Service has appointed field staff dedicated to working with partners to conduct population censuses, assess population health, develop and implement conservation plans, promulgate regulations, and create cooperative relationships internationally.Various Marine Mammal Management offices are located on either coast. The Service's Marine Mammal Management office in Anchorage, Alaska
Anchorage, Alaska
Anchorage is a unified home rule municipality in the southcentral part of the U.S. state of Alaska. It is the northernmost major city in the United States...
is responsible for the management and conservation of polar bears, Pacific walruses, and northern sea otters in Alaska. Northern sea otters present in Washington State are managed by the Western Washington Field Office, while southern sea otters residing in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
are managed by the Ventura Field Office. West Indian manatee populations extend from Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
to Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
, and are also present in the Caribbean Sea
Caribbean Sea
The Caribbean Sea is a sea of the Atlantic Ocean located in the tropics of the Western hemisphere. It is bounded by Mexico and Central America to the west and southwest, to the north by the Greater Antilles, and to the east by the Lesser Antilles....
; however, this species is most prevalent near Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
(the Florida subspecies) and Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
(the Antillean subspecies). The Service’s Jacksonville Field Office manages the Florida manatee, while the Boqueron Field Office manages the Antillean manatee.
The polar bear, southern sea otter, marine otter, all three species of manatees, and the dugongare also concurrently listed under the Endangered Species Act
Endangered Species Act
The Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and...
(ESA).
Amendments
Amendments enacted in 1981 established conditions for permits to be granted to take marine mammals "incidentally" in the course of commercial fishing. In addition, the amendments provided additional conditions and procedures for transferring management authority to the States, and authorized appropriations through FY 1984.Policies created in 1982
• 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.
The 1984 amendments established conditions to be satisfied as a basis for importing fish and fish products from nations engaged in harvesting yellowfin tuna with purse seines and other commercial fishing technology, as well as authorized appropriations for agency activities through FY 1988.
Several additional amendments were enacted in 1988. Features of the 1988 amendments include:
• the establishment of conditions and procedures for the Secretaries of Commerce and Interior to review the status of populations to determine if they should be listed as "depleted" (below optimal, sustainable population numbers or listed as threatened or endangered);
• the preparation of conservation plans for any species listed as "depleted", including a requirement that such plans be modeled after recovery plans developed pursuant to the Endangered Species Act;
• the listing of conditions under which permits may be issued to take marine mammals for the protection and welfare of the animals, including importation, public display, scientific research, and enhancing the survival or recovery of a species; and
• a reward system under which the Secretary of the Treasury can pay up to $2500 to individuals providing information leading to convictions for violations of the Act.
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.
Findings
Congress found that: all 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.See also
- Endangered Species ActEndangered Species ActThe Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and...
- National Oceanic and Atmospheric AdministrationNational Oceanic and Atmospheric AdministrationThe National Oceanic and Atmospheric Administration , pronounced , like "noah", is a scientific agency within the United States Department of Commerce focused on the conditions of the oceans and the atmosphere...
- Society for Animal Protective LegislationSociety for Animal Protective LegislationThe 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...
External links
- Full text of MMPA of 1972
- 50 CFR Part 218 - regulations that implement the MMPA.