Marine Mammal Protection Act

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. 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 pubic 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. The Secretaries of Commerce and Interior (Secretaries) are directed to initiate negotiations with foreign governments to protect and conserve marine mammals. The Secretaries may transfer management authority for a species of marine mammal to a state. The MMPA also established the Marine Mammal Commission composed of three members appointed by the President (Source: Year of the Ocean Discussion Papers 1998). Parallel legal authorities * 50 CFR Part 18 ? Marine Mammals * 50 CFR Part 216 ? Regulations Governing the Taking and Importing of Marine Mammals * 50 CFR Part 217 ? General Provisions * 50 CFR Part 222 ? Endangered Fish or Wildlife * 50 CFR Part 229 ? Authorization of Commercial Fisheries Under the Marine Mammals Protection Act of 1972 * 50 CFR Part 403 ? Transfer of Marine Mammal Authority to States