Marine Mammal Protection Act of 1972

Marine Mammal Protection Act

Long title	An Act to protect marine mammals; to establish a Marine Mammal Commission; and for other purposes.
Enacted by	the 92nd United States Congress
Effective	December 21, 1972
Citations
Public law	92-522
Statutes at Large	86 Stat. 1027
Codification
Titles amended	16 U.S.C.: Conservation
U.S.C. sections created	16 U.S.C. ch. 31 §§ 1361–1362, 1371-1389, 1401-1407, 1411-1418, 1421-1421h, 1423-1423h
Legislative history
Introduced in the House as H.R. 10420 by Edward Garmatz (D–MD) on December 4, 1971 Committee consideration by House Merchant Marine and Fisheries Passed the House on March 9, 1972 (362-10) Passed the Senate on July 26, 1972 (88-2, in lieu of S. 2871) Reported by the joint conference committee on August 1, 1972; agreed to by the House on October 10, 1972 (Agreed) and by the Senate on October 11, 1972 (Agreed) Signed into law by President Richard Nixon on October 21, 1972

The Marine Mammal Protection Act (MMPA) was the first act of the United States Congress to call specifically for a totem and taboo-style approach to wildlife management, setting aside marine mammals as untouchable and unapproachable. It is seen as the first federal animal rights legislation in the United States. It was signed into law on October 21, 1972 by President Richard Nixon and took effect 60 days later on December 21, 1972. MMPA prohibits the "taking" of marine mammals, and enacts a moratorium on the import, export, and sale of any marine mammal, along with any marine mammal part or product within the United States. The Act defines "take" as "the act of hunting, killing, capture, and/or harassment of any marine mammal; or, the attempt at such." The MMPA defines harassment as "any act of pursuit, torment or annoyance which has the potential to either: a. injure a marine mammal in the wild, or b. disturb a marine mammal by causing disruption of behavioral patterns, which includes, but is not limited to, migration, breathing, nursing, breeding, feeding, or sheltering." The MMPA provides for enforcement of its prohibitions, and for the issuance of regulations to implement its legislative goals.

Authority to manage the MMPA was divided between the Secretary of the Interior through the U.S. Fish and Wildlife Service (Service), and the Secretary of Commerce, which is delegated to the National Oceanic and Atmospheric Administration (NOAA). Subsequently, a third Federal agency, the Marine Mammal Commission (MMC), was established to review existing policies and make recommendations to the Service and the NOAA better implement the MMPA. Coordination between these three Federal agencies is necessary in order to provide the best management practices for marine mammals.

Under the MMPA, the Service is responsible for ensuring the protection of sea otters and marine otters, walruses, polar bears, three species of manatees, and dugongs. NOAA was given responsibility to conserve and manage pinnipeds including seals and sea lions and cetaceans such as whales and dolphins.

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