Marine Mammal Protection Act

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By Georgina Mills, January 2011

The Marine Mammal Protection Act (MMPA) was set up on October 21 1972 and was a novel form of legislature acting for a whole ecosystem approach, differing from other acts which might be for individual species. The MMPA was seen as vital as many people, both scientists and the general public, believed that the loss of marine mammals was caused by human activity. The MMPA protects all marine mammals and prevents them from being taken from their habitats. It also controls the amount of import and export of any marine mammal and marine mammal products in the US. The act covers hunting, killing, capture and harassment of the marine mammals. The MMPA created a moratorium (a delay) of the taking or export of marine mammals, and if the export of a particular species is needed a permit must be granted. The MMPA was definitely ahead of its time as the focus towards ecosystem-based conservation is fairly recent, for example the Convention of Biological diversity, which had a great focus on the ecosystem approach, was put in force in 1993; more than 20 years after the MMPA.

The MMPA was set up because it was recognised that many marine mammal stocks were in danger of becoming endangered or extinct. It was also found that there was not enough known about marine mammals, their habitats and the complex interactions that they have in the ecosystem. The importance of the work of the MMPA is clear through the fact that a number of marine mammals, such as the polar bear and all three species of manatee, are listed in the Endangered Species Act (ESA).

The MMPA first introduced the term 'optimum sustainable population level' (OSP) and if a species fell below this they would be termed 'depleted'. This differed from the 'maximum sustainable yield' (MSY), which was more focused on the amount that we, as humans, can take.

The MMPA is a legal document and if violated there are civil penalties. This can be up to $10,000 per violation. There are regularly stories in the news about people violating the MMPA, showing that they do enforce the rules actively.

Management of the MMPA

The MMPA is managed by primarily by both the US Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA). The Marine Mammal Commission (MMC) was bought in also to review and amend existing policies. This group of three members, chosen by the U.S. President, is appointed for three year terms.

The FWS and NOAA have different roles in protecting marine mammals; the first taking responsibility for sea otters, walruses, polar bears, manatees; the latter taking responsibility for pinnipeds, including seals and sea lions, and cetaceans such as whales and dolphins. Also, the Animal and Plant Health Inspection Service, part of the Department of Agriculture, is accountable for the regulations managing marine mammals in captivity.

If a marine mammal is required for scientific research, public display or import/export, a permit must be attained from the FWS. All permits, however, must agree with the MMPA's regulations. The Division of Management Authority, which is part of the FWS's International Affairs office, controls the applications for permits. Incidentally, this office also controls international activities for marine mammal species, including species found outside of U.S. waters, through the Division of International Conservation.

The MMPA in practice

The MMPA has field workers who work at gaining information on the marine mammals through population censuses, health assessments, conservation work, creating regulations and helping the collaboration of the key stake-holders. There are numerous offices throughout the US, including the FWS Jacksonville Field Office, which manages the Florida manatee, and the Marine Mammal Management office in Alaska, which has the responsibility for the polar bears, Pacific walruses and northern sea otters.

There are some criticisms of the MMPA because of its policies in Alaska. There is an exemption here that states that native Alaskans, Indian, Aleut or Eskimo, who reside in Alaska and lives on the coast of the North Pacific Ocean or the Arctic Ocean, can take marine mammals if it is done in a non-wasteful manner or for economic reasons, for example selling authentic native handicrafts. All species in Alaska are, however, being monitored carefully by the MMPA, in particular the polar bear.

It is prohibited for a marine mammal to be taken in the course of commercial fishing, expect in extreme circumstances, for example if a life was in danger. It was set that commercial fisheries should, by April 30, 2001, reduce incidental mortality to marine mammals to as near zero as possible. In this respect, all commercial fishing vessels must declare incidental mortality within 48 hours of the end of the fishing trip.

What has the MMPA found?

There have been numerous finding made by the MMPA. Most importantly, all species of marine mammals are currently or susceptible to extinction or depletion. Because of this, the population of the marine mammals must not fall below the OSP and if this does happen measures should be taken to replenish the stocks. There has also been a lot of emphasis on the habitats that the marine mammals use, as these are key to the whole ecosystem approach that the MMPA encompasses; however, these habitats have been found to be poorly understood. It was found that there is a great need for international agreements for the protection of marine mammals, this is certainly true as the MMPA only applied to the USA. If the efforts of the MMPA are going to work, there needs to be a global collaboration towards marine mammal conservation, and there are numerous pieces of legislation to protect not just the marine mammals, but the whole of marine life. An example of another Act is the Marine and Coastal Access Act 2009 of DEFRA in the UK. This act works towards creating clean and biologically diverse oceans and seas. This is done through developing sustainable development of the coastal area, all of which will have a positive effect on the marine life.

The congress has proclaimed that marine mammals are of great international significance, and should be protected both for themselves and for economic revenue for us. The sole, most important, objective of the MMPA is to help maintain the health and stability of the ecosystem. The goal of the MMPA is to "obtain an optimum sustainable population within the carrying capacity of the habitat".

Amendments

There have been a number of amendments to the MMPA since 1972. These are based on the original values of the Act, but have added more legislation or, in some parts, lessened the regulations. An example is the International Dolphin Conservation Act of 1992. The Act aims to reduce the amount of incidental dolphin mortalities through tuna purse-seine fisheries. Purse-seine fishing is when a large circular net is used, catching everything in the area. The Act set annual limits and tried to suggest other ways of catching tuna. Interestingly, there was also an emphasis on the sustainably of tuna fishing, and the act helped to maintain a sustainable tuna population. This Act came into force in 1999.

References

Wikipedia.org: Marine Mammal Protection Act
The Convention on Biological Diversity
Wikipedia.org: Maximum sustainable yield
Knoxville News Sentinel: Oak Ridge man accused of selling walrus tusk, other wildlife parts
The Arctic Sounder: Man who allegedly sold polar bear hide, walrus tusk, indicted, along with two others
The Marine Mammal Protection Act of 1972 as amended 2007 (pdf)
Marine Mammal Protection Act (MMPA) of 1972
MMPA Information from NOAA/NMFS
NOAA Fisheries Office of International Affairs - International Agreements - Agreement on the International Dolphin Conservation Program (AIDCP)
Wikipedia.org: Seine fishing: Purse seine
US Fish & Wildlife: Alaska Region - Marine Mammals Management - Polar Bear Conservation Issues
Oceana.org: Laws Protecting the Oceans - Coral Reef Conservation Act (CRCA), The Endangered Species Act (ESA), Magnuson-Stevens Fishery Conservation and Management Act (MSA), Marine Mammal Protection Act (MMPA), National Environmental Policy Act (NEPA), National Marine Sanctuary Act (NMSA)
UK Marine and Coastal Access Act 2009 (pdf)

A Sea Ethic

Launching a Sea Ethic is Dr. Carl Safina's call for a stronger sense of right and wrong when it comes to the way we treat the ocean and marine life. It is a proposition for all to treat the ocean and its creatures with the same conservation ethic as many have for land and its creatures. It simply means that we should manage the sea's resources sustainably, that we should take strong measures to avoid destruction of habitats, species depletion, pollution, and other threats faced by the ocean that often goes unnoticed because the scars are not as evident as they are on land. » more...

Sustainable Fisheries

70% of the earth's commercially targeted fish species have been overfished to the point where their stocks are in grave danger of being depleted. Fish harvests have quadrupled since the 1950s and the competition for marketable catches has increased to the point where competition is driving governments to subsidize fishing vessels. How can this problem be resolved and who is working to resolve it? Can the fishing industry and conservation concerns reach consensus to find a sustainable solution? » more...

Global Warming/Climate Change

The debate is finally over. Global warming is happening and is caused by fossil fuel emissions unnaturally increasing greenhouse gases (mainly CO2) in the earth's atmosphere. What impact does global warming have on the ocean? One tangible effect is the melting of ice sheets and glaciers at record levels. If this trend continues, sea levels will rise impacting the densely populated coastal areas of the planet. What are the current theories on global warming and what is being done to reverse the trend? » more...

Threatened and Endangered Species

Until recently, humankind seemed to view the ocean as a source of infinite resources. Its apparent vast size and unlimited depth made the ocean appear invulnerable to overexploitation. The truth is that the populations of many species are decreasing at an unsustainable rate, and the number of species listed as endangered from marine life families such as whales, dolphins, manatees and dugongs, salmon, seabirds, sea turtles, and sharks to name a few, are on the rise. Although it is difficult to perceive because marine life is not as visible as animals on land, it is equally if not more vulnerable to problems such as habitat destruction and overexploitation. » more...

Habitat Conservation

Everyone knows that the northern spotted owl is threatened because of destruction to the forests of the Pacific Northwest - but what will happen to the Pacific seahorse if its habitat continues to decline? Due to the lack of a strong public sea ethic, marine life doesn't appear on the conservation radar screen as much as its terrestrial counterparts, but ocean habitats are in decline as well, and therefore the creatures they support are too (which in turn support us). Most marine habitat destruction is caused by pollution, commercial fishing equipment, coastal development, and other human activity. Much of it can be avoided with simple measures. Click here to learn more about this problem and what some organizations are doing about it.

Alien Species

The introduction of non-native species to an ecosystem is one of the major causes of decreased biodiversity. Termed alien species, they are also known as exotic, introduced, non-indigenous, or invasive species. As the names imply, these species do not belong to ecosystems in which they are either intentionally or unintentionally placed. They tend to disrupt the ecosystem's balance by multiplying rapidly. These species are often plants, fishes, mollusks, crustaceans, algae, bacteria or viruses. » more...

Ocean Pollution

Although the ocean covers over two-thirds of the surface of the Earth, it is surprisingly vulnerable to human influences such as overfishing, pollution from run-off, and dumping of waste from human activity. This kind of pollution can have serious economic and health impacts by killing marine life and damaging habitats and ecosystems. Toxins from pesticides, fertilizers, and other chemicals used on farms contaminate nearby rivers that flow into the ocean, which can cause extensive loss of marine life in bays and estuaries, leading to the creation of dead zones. The dumping of industrial, nuclear and other waste into oceans was legal until the early 1970s when it became regulated; however dumping still occurs illegally everywhere. » more...

Marine Conservation Organizations

MarineBio has compiled an evolving list of conservation organizations working on a variety of issues related to marine conservation. We encourage you to read through them and support the organizations doing work in areas that you feel strongly about. In our increasingly conservative economic climate, funding by private foundations and institutions is scarce. Making a donation is one of the best things you can do to help make sure these organizations are able to accomplish their goals. You can also write to your elected representatives to encourage them to support legislation that will protect marine life and the ocean. Many of the organizations listed will help you compose a letter, and can even tell you who your representatives are! » more...

Please feel free to contact us if you have any comments or suggestions.

» The Plankton Forums: Marine Conservation Forum
» The Father of All Mass Extinctions - Peter Ward

Man has become by far the greatest predator of all time. As populations mount and land-grown food supplies are unable to feed the growing numbers of the hungry, man is turning more and more to the sea for his food. On land man has slowly learned to conserve the soil lest it stop producing crops. But on the ocean, man is a hunter only. He takes but returns little. If the bounty of the sea is not to be exhausted, man must learn to farm it as he farms the land, by sowing as well as reaping. - The Ocean World of Jacques Cousteau, 1975

The more clearly we can focus our attention on the wonders and realities of the universe about us, the less taste we shall have for destruction. - Rachel Carson

He who is cruel to animals becomes hard also in his dealings with men. We can judge the heart of a man by his treatment of animals. - Immanuel Kant

We need another and a wiser and perhaps a more mystical concept of animals. Remote from universal nature, and living by complicated artifice, man in civilization surveys the creature through the glass of his knowledge and sees thereby a feather magnified and the whole image in distortion. We patronize them for their incompleteness, for their tragic fate of having taken form so far below ourselves. And therein we err, and greatly err. For the animal shall not be measured by man. In a world older and more complete than ours they move finished and complete, gifted with extensions of the senses we have lost or never attained, living by voices we shall never hear. They are not brethren, they are not underlings; they are other nations, caught with ourselves in the net of life and time, fellow prisoners of the splendor and travail of the earth. - Henry Beston, 1928

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