Marine mammal protection act what is the marine mammal protection act. The marine mammals protection act 1978 is an act of parliament passed in new zealand in 1978. This rule established conditions for evaluating a harvesting nations regulatory programs to address incidental and intentional mortality and serious. Dunphydaly,3 caitlin campbell,4 michael jasny,5 and andrew j.
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. Marine mammal protection act united states fish and. Whereas, the marine mammal protection act was enacted in 1972 prohibiting the take, import, and export of marine mammals by united states citizens. The marine mammal protection act of 1972, referred to in text, is pub. The congress finds that 1 certain species and population stocks of marine mammals are, or may be, in danger. The act established a national policy to prevent marine mammal. Strategic framework for marine mammal restoration activities. 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. 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.
The current status of many marine mammal populations is considerably better than in 1972. Marine mammal protection act 1972 this act states that certain species or populations of marine mammals including manatees, dolphins, and whales are or may be in danger of extinction or depletion as a result of human activities. The marine mammal protection act mmpa is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. 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.
The marine mammal protection act mmpa was the first legislation to mandate an ecosystembased approach to marine resource management. Marine mammals protection act 1978 no 80 as at 21 december. The environmental organisation project jonah gave the major impetus for the government to create the act. It recognizes the importance of marine mammals to the oceans and seeks to restore or maintain populations at healthy and productive levels. Jul 27, 2017 in 1994, the act was amended to include annual reports of various marine mammal species populations found in u. It prohibits with certain exceptions the take of marine mammals in u. Fish and fish product import provisions of the marine. November 17, 2018 the marine mammal protection act mmpa or act prohibits, with certain exceptions, the take of marine mammals in u. Marine mammal protection act of 1972 as amended 2007. Marine mammal protection act letter of authorization. The importance of the marine mammal protection act of 1972. Marine mammal protection marine mammal protection act policies, guidance, and regulations.
Marine mammal protection act agencies noaa office for. It is administered by the department of conservation. Marine mammal protection act policies, guidance, and. Marine mammals for public display under the marine mammal protection act to the agency on june 15, 2012.
Marine mammal protection act marine mammal commission. Be it enacted by the senate and house of representatives. The marine mammal protection act of 1972 as amended 5 f indings and declaration of policy 16 u. 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. Determination of alaska native status under the marine mammal. 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. Directorgeneral to be notified of actions taken in respect of marine mammals. Protection and restoration of marine life in the inland. 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.
In this act captive marine mammal means a marine mammal under human care and maintained in a captive marine mammal facility. Approach for marine mammal impact assessment in the atlantic. 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 full text of the marine mammal protection act of 1972 as amended introduction section 2. 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.
Sep 20, 2012 the marine mammal protection act of 1972, on october 21, 1972. Fish and wildlife service office of law enforcement. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals. The marine mammal protection act mmpa was enacted on october 21, 1972. 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 mmpa prohibits, with certain exceptions, the take of marine mammals in u. 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. Fish and fish product import provisions of the marine mammal. In addition, the mmpa regulates the import and export of all products made from marine mammals, such as ivory. The mmpa gives the secretary of commerce, working through the national oceanic and atmospheric administrations national marine. 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. In 1994, the act was amended to include annual reports of various marine mammal species populations found in u.
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. Passed in 1972, the marine mammal protection act has two fundamental objectives. This final action implements the import provisions of the marine mammal protection act mmpa. 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. August 15, 2016 implementing the fish and fish product import provisions section 101a2 of the marine mammal protection act mmpa. Marine mammals protection regulations 1992 sr 1992322. 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. Assessing stocks gives us valuable information on marine mammal population trends, productivity rates, estimates of humancaused mortality and other. 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. Navy training and testing activities in the hawaiisouthern california training and testing study area may 2019.
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. Approach for marine mammal impact assessment in the. Kurt, bioacoustics research program, cornell laboratory of ornithology. 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. The act prohibits, with certain exceptions, the take of marine mammals in u. The marine mammal protection act mmpa protects all marine mammals in u.
Operators would have to apply for incidental take authorizations for their specific surveys. Assent 2nd august, 2005 commencement 10th august, 2005 1. 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. Dangerously near extinction or depletion, certain population stocks no longer maintain their role in the ecosystem. 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. For complete classification of this act to the code, see short title note set out under section 61 of this title and tables. The mmpa regulatory definitions emphasizes 14 blood quantum as the primary criteria for identifying an alaska native.
Us marine mammals marine mammal protection act animal. 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. This chapter may be cited as the marine mammal protection act 1990. 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. The department of commerce through the national marine fisheries service is charged with protecting whales, dolphins, porpoises, seals, and seal lions. 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.
Time to modernize the marine mammal protection act iagc. Fostering unjust captivity practices since 1972 stephanie dodson dougherty there is about as much educational benefit to be gained in stud. Fish and wildlife service office of law enforcement 16. Mmpa was signed into law on october 21, 1972, by president richard. 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. Read3 1gund institute for ecological economics, university of vermont, burlington, vermont. In august 2016, nmfs published a final rule 81 fr 54390. Marine mammal protection act the sierra club favors legislation to prohibit all hunting and harassment of marine mammals, with the exception of 1. The national marine fisheries service nmfs proposes to issue an amendment to scientific research permit no. An act to make provision for the protection of marine mammals.
On the atlantic outer continental shelf alone, current procedural requirements led to 1,221 days for noaa to make a. This act may be cited as the marine mammal protection act. 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. All marine mammals are federally protected under the marine mammal protection act mmpa of 1972, through which congress declared marine mammals to be. Fletcher, bob, president, sportfishing association of california. Nowhere else in the world had a government made the conservation of healthy and stable ecosystems as important as the conservation of individual species. 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. Marine mammal protection act mmpa or act prohibits, with certain exceptions, the take of marine mammals in u. B in1 section 118 and title iv other than section 408. Determination of alaska native status under the marine. The marine mammal protection act mmpa or act prohibits, with certain exceptions, the take of marine mammals in u. 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. A looming giant for offshore permitting ryan steen stoel rives llp. Must be issued and carry onboard a mmap certificate report marine mammal injury or mortality take an observer if requested.
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