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U.S. Marine Mammal Protection Act

The U.S. statute that generally bans the take of marine mammals in U.S. waters and by U.S. persons: whales, dolphins, seals, sea lions under NOAA; manatees, sea otters, walrus, polar bears under FWS. Broader than ESA listing alone.

A humpback whale and calf underwater: marine mammals covered by the U.S. take moratorium
Image: Ed Lyman, NOAA Hawaiian Islands Humpback Whale National Marine Sanctuary ( Public domain )
Animals Existing / enacted United States

Official name: Marine Mammal Protection Act of 1972
Citation: Marine Mammal Protection Act of 1972, 16 U.S.C. § 1361 et seq. (as amended)
Year / status: Enacted 1972. Major amendments include 1992 (stranding and health) and 1994 (harassment definitions, fisheries program, stock assessments). Still in force.

What it does

Establishes a moratorium on taking and importing marine mammals and products, with defined exceptions (permits, Alaska Native subsistence, certain incidental take authorizations, scientific research, public display under other regimes). Introduces optimum sustainable population and stock-assessment duties. NOAA Fisheries, FWS, and the Marine Mammal Commission share roles.

Where it applies / status

U.S. federal law enacted 1972; major amendments include 1992 (stranding/health) and 1994 (harassment definitions, fisheries program, stock assessments). Full compiled text available via GovInfo. Shared implementation: NOAA (cetaceans, seals, sea lions), FWS (walrus, manatees, sea otters, polar bears), MMC oversight.

Documented benefits or intended effects

Intended effects: stop depletion of marine mammal stocks as ecosystem components; force users to show takes will not harm stocks; support stranding response and take-reduction plans. Stock status still varies by species: the Act is the frame, not a recovery certificate.

Caveats

Not the ESA. A species can be covered by both. Not the CITES permit system alone. Not the International Convention for the Regulation of Whaling or the Whaling Convention Act; those are related but separate. Not every marine mammal stock has recovered.

Sources

NOAA Fisheries, U.S. Fish and Wildlife Service, and Marine Mammal Commission pages on the Act; GovInfo compiled text.