Marine Mammal Protection Act 1972
Division of Responsibility & Conflict of Interest Cause Problems
Sep 13, 2007
The Marine Mammal Protection Act (MMPA) of 1972 was written to establish American federal responsibility to conserve marine mammals. Some species were in immediate danger of extinction while other populations were becoming severely depleted. Five marine mammal species fall under the jurisdiction of the Department of the Interior and its US Fish and Wildlife Service (USFWS). The rest are managed by the Department of Commerce’s National Marine Fisheries Service (NMFS). NMFS has a primary responsibility to ensure the livelihood of the fishing industry, causing a conflict of interest, as marine mammals consume fish and thus are seen as direct competitors.
Two Departments, Two Sets of Regulations
When the Marine Mammal Protection Act was written, plans were in place to develop a Department of the Environment. That department has never been established, leaving the two existing departments to deal with their particular species. This makes for some problems as the agencies function very differently. Researchers, captive marine mammal facilities and marine mammal rehabilitators must comply with regulations and procedures for each species based on which agency they are dealing with.
The USFWS has jurisdiction over sea otters, manatees, dugong, walrus and polar bear. The NMFS oversees the cetaceans (whales, porpoises and dolphins) and all pinnipeds (seals and sea lions) except for the walrus.
What the MMPA Does
Key points in the Marine Mammal Protection Act include prevention of harassment of marine mammals, which is defined as any pursuit or annoyance of the animals that has the potential to injure or disturb them by disrupting normal behavioral patterns. For example, the MMPA is used to enforce whale-watching guidelines and to prevent people from approaching seals resting on beaches. It also placed a moratorium on taking and importation of marine mammal parts. Researchers studying marine mammals may get an exemption from the Marine Mammal Protection Act for specific projects. Dart biopsy studies require such an exemption as it is both potentially injurious and interferes with the marine mammals’ normal behavior.
Some indigenous peoples are exempt from these laws and are allowed to take a certain number of marine mammals for subsistence. This has caused some controversy, especially when the Makah tribe petitioned successfully to resume hunting grey whales. Walrus are also the hunted by some northern tribes for food and traditional crafts. Wasteful take has become an issue recently for this species.
Conflict of Interest
As is clear by its title, the National Marine Fisheries Service manages fishing in US marine waters. Under the Marine Mammal Protection Act, their Office of Protected Resources is responsible for protecting endangered marine animals. Their Office of Sustainable Fisheries is charged with maintaining healthy fish stocks for commercial, recreational and subsistence fisheries. The two offices end up in conflict when species such as the California sea lion (Zalophus californianus), whose population is strong and growing, negatively affect fish populations especially some of the salmon species that are listed as endangered.
While there are problems with the Marine Mammal Protection Act, it has been used effectively to help change the way these animals are perceived.
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