. LEARN ABOUT HR408 "Dolphin Death Bill"
SIGNED INTO LAW 8/15/97
MARINE MAMMAL PROTECTION ACT of 1972, Selected Quotes:
Welcome to the U.S. Fish and Wildlife Service, a bureau within the
Department of the Interior. Our mission is to conserve, protect, and
enhance fish and wildlife and their habitats for the continuing
benefit of the American people. Our major responsibilities are:
migratory birds, endangered species, certain marine mammals,
freshwater and anadromous fish, the National Wildlife Refuge System,
wetlands, conserving habitat, and environmental contaminants.
The National Fish and Wildlife
Forensics Laboratory,
Marine Mammal Protection Act
Passed in 1972, the Act establishes a moratorium on taking and
importing marine mammals, their parts, and products. The Act provides
protection for polar bears, sea otters, walruses, dugongs, manatees,
whales, porpoises, seals, and sea lions.
Under this Act it is unlawful to:
Take any marine mammal on the high seas or in waters or on lands under
U.S. jurisdiction. The prohibition applies to persons, vessels, or
other conveyances.
Import any marine mammal or marine mammal product into the United
States.
Use any port or harbor under U.S. jurisdiction for any purpose
connected with unlawful taking or importation of any marine mammal.
Possess any unlawfully taken marine mammal, including parts and
products.
Transport, purchase, sell, or offer to purchase or sell any marine
mammal, including parts and products.
Exceptions
Alaskan Aleuts, Indians, and Eskimos who reside in Alaska are
permitted to take marine mammals for subsistence purposes or for use
in the manufacture
and sale of native hand crafts. The Secretaries of Interior and
Commerce may grant permits for importation of marine mammals for
scientific research or public display purposes.
Export is not prohibited, but for species listed under CITES (e.g.,
walrus), a "Certificate of Origin" is required prior to export of
handcrafted parts, scientific specimens, or animals collected for
public display.
Penalties
Violations of the Marine Mammal Protection Act may result in fines of
up to $100,000 and one year's imprisonment for individuals and up to
$200,000 for organizations. In addition, aircraft, vessels, or other
conveyances used in violations may be required to forfeit their cargo.
U.S. DEPARTMENT OF ENERGY
Marine Mammal Protection Act
The Marine Mammal Protection Act (MMPA) was enacted in 1972 to protect
and manage marine mammals and their products (e.g., the use of hides
and meat). The primary authority for implementing the act belongs to
the FWS and NMFS. The FWS manages: walruses; polar bears; sea otters;
dugongs; marine otters; and West Indian, Amazonian, and West African
manatees. The NMFS manages whales, porpoises, seals, and sea lions. The two agencies
may issue permits under MMPA Section 104 (16 U.S.C. 1374) to persons,
including federal agencies such as DOE, that authorize the taking or
importing of specific species of marine mammals.
After the Secretary of the Interior or the Secretary of Commerce
approves a state's program, the state can take over responsibility for
managing one or more marine mammals. Regulations governing the
transfer of responsibility were published in May 1983. Although
certain states actively participate in the management of marine
mammals, as of August 9, 1994, no state has fully taken on this duty.
The MMPA established a Marine Mammal Commission whose duties include
reviewing laws and international conventions relating to marine
mammals, studying the condition of these mammals, and recommending
steps to federal officials (e.g., listing a species as endangered)
that should be taken to protect marine mammals. Federal agencies are
directed by MMPA Section 205 (16 U.S.C. 1405) to cooperate with the
commission by permitting it to use their facilities or services.
DOE may become involved in complying with the MMPA if the department
approves, licenses, or funds an energy project that will be sited in
an area that will require or result in the removal, capture, hunting,
or killing of marine mammals. DOE will need a permit from the
appropriate agency, either the FWS or NMFS, specifying how the mammals
should be handled. Also, any involvement by DOE in the direct research
use of marine mammals (e.g., studies of energy development impacts on
these animals) may require a permit.
Regulations implementing MMPA are found in Title 50 of the CFR, Parts
13, 18, and 216.
------------------------------------------------------
compiled by C.R.Lilly, 1/6/97.
U.S. DEPARTMENT OF INTERIOR
------------------------------------------------
Purpose and Organization
MMPA LINKS
