Source
(Pub. L. 92–522, § 2, Oct. 21, 1972, 86 Stat. 1027; Pub. L. 97–58, § 1(b)(1), Oct. 9, 1981, 95 Stat. 979; Pub. L. 103–238, § 3, Apr. 30, 1994, 108 Stat. 532.)
Amendments
1994—Par. (2).
Pub. L. 103–238, § 3(1), inserted “essential habitats, including” after “made to protect”.
Par. (5).
Pub. L. 103–238, § 3(2), inserted “and their habitats” before “is therefore necessary” in concluding provisions.
1981—Par. (6).
Pub. L. 97–58 substituted “carrying capacity” for “optimum carrying capacity”.
Effective Date
Section 4 of
Pub. L. 92–522 provided that: “The provisions of this Act [enacting this chapter] shall take effect upon the expiration of the sixty-day period following the date of its enactment [Oct. 21, 1972].”
Short Title of 2007 Amendment
Pub. L. 109–479, title IX, § 901, Jan. 12, 2007,
120 Stat. 3660, provided that: “This title [enacting subchapter VI of this chapter and amending section
1377 of this title] may be cited as the ‘United States-Russia Polar Bear Conservation and Management Act of 2006’.”
Short Title of 2000 Amendment
Pub. L. 106–555, § 1, Dec. 21, 2000,
114 Stat. 2765, provided that: “This Act [enacting section
1421f–1 of this title, amending sections
1362,
1421g,
1421h,
1433,
1434,
5101 to
5103,
5106,
5107a to
5108, and
5156 of this title, enacting provisions set out as notes under this section and sections
917a,
1433,
5101, and
5107 of this title, and amending provisions set out as a note under section
1855 of this title] may be cited as the ‘Striped Bass Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000’.”
Pub. L. 106–555, title II, § 201, Dec. 21, 2000,
114 Stat. 2767, provided that: “This title [enacting section
1421f–1 of this title, amending sections
1362,
1421g,
1421h,
1433, and
1434 of this title, enacting provisions set out as notes under sections
917a and
1433 of this title, and amending provisions set out as a note under section
1855 of this title] may be cited as the ‘Marine Mammal Rescue Assistance Act of 2000’.”
Short Title of 1997 Amendment
Pub. L. 105–42, § 1(a), Aug. 15, 1997,
111 Stat. 1122, provided that: “This Act [enacting sections
962,
1412,
1413,
1414a to
1416 of this title, amending sections
952,
953,
1362,
1371,
1374,
1378,
1380,
1385,
1411, and
1417 of this title, repealing sections
1412 to
1416 and
1418 of this title, and enacting provisions set out as notes under this section and section
1362 of this title] may be cited as the ‘International Dolphin Conservation Program Act’.”
Short Title of 1994 Amendment
Section 1 of
Pub. L. 103–238 provided that: “This Act [enacting sections
1386 to
1389 of this title, amending this section and sections
1362,
1371,
1372,
1374,
1375,
1379,
1380,
1382 to
1384,
1407,
1421 to
1421h, and
4107 of this title, repealing sections
1384 and
1407 of this title, and enacting provisions set out as notes under this section and sections
1362,
1374,
1538, and
1539 of this title] may be cited as the ‘Marine Mammal Protection Act Amendments of 1994’.”
Short Title of 1992 Amendments
Pub. L. 102–587, title III, § 3001, Nov. 4, 1992,
106 Stat. 5059, provided that: “This title [enacting subchapter V of this chapter, amending sections
1362,
1372,
1379, and
1382 of this title and section
183c of Title
46, Appendix, Shipping, and enacting provisions set out as notes under sections
1421 and
1421a of this title] may be cited as the ‘Marine Mammal Health and Stranding Response Act’.”
Pub. L. 102–523, § 1, Oct. 26, 1992,
106 Stat. 3425, provided that: “This Act [enacting subchapter IV of this chapter and amending sections
952,
953,
973r, and
1362 of this title] may be cited as the ‘International Dolphin Conservation Act of 1992’.”
Short Title of 1988 Amendment
Pub. L. 100–711, § 1, Nov. 23, 1988,
102 Stat. 4755, provided: “That this Act [enacting sections
1383a and
1383b of this title, amending sections
1166,
1371,
1372,
1374,
1378 to
1380,
1384,
1402, and
1407 of this title and section
1978 of Title
22, Foreign Relations and Intercourse, enacting provisions set out as a note under this section, and amending provisions set out as a note under section
1384 of this title] may be cited as the ‘Marine Mammal Protection Act Amendments of 1988’.”
Short Title
Section 1 of
Pub. L. 92–522 provided in part that: “This Act [enacting this chapter] may be cited as the ‘Marine Mammal Protection Act of 1972’.”
Regulations
Section 15(b) of
Pub. L. 103–238 provided that: “Except as provided otherwise in this Act [see Short Title of 1994 Amendment note above], or the amendments to the Marine Mammal Protection Act of 1972 (
16 U.S.C.
1361 et seq.) made by this Act, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall, after notice and opportunity for public comment, promulgate regulations to implement this Act and the amendments made by this Act by January 1, 1995.”
Purposes and Findings
Pub. L. 105–42, § 2, Aug. 15, 1997,
111 Stat. 1122, provided that:
“(a) Purposes.—The purposes of this Act [see Short Title of 1997 Amendment note above] are—
“(1) to give effect to the Declaration of Panama, signed October 4, 1995, by the Governments of Belize, Colombia, Costa Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the United States of America, Vanuatu, and Venezuela, including the establishment of the International Dolphin Conservation Program, relating to the protection of dolphins and other species, and the conservation and management of tuna in the eastern tropical Pacific Ocean;
“(2) to recognize that nations fishing for tuna in the eastern tropical Pacific Ocean have achieved significant reductions in dolphin mortality associated with that fishery; and
“(3) to eliminate the ban on imports of tuna from those nations that are in compliance with the International Dolphin Conservation Program.
“(b) Findings.—The Congress finds that—
“(1) the nations that fish for tuna in the eastern tropical Pacific Ocean have achieved significant reductions in dolphin mortality associated with the purse seine fishery from hundreds of thousands annually to fewer than 5,000 annually;
“(2) the provisions of the Marine Mammal Protection Act of 1972 [
16 U.S.C.
1361 et seq.] that impose a ban on imports from nations that fish for tuna in the eastern tropical Pacific Ocean have served as an incentive to reduce dolphin mortalities;
“(3) tuna canners and processors of the United States have led the canning and processing industry in promoting a dolphin-safe tuna market; and
“(4) 12 signatory nations to the Declaration of Panama, including the United States, agreed under that Declaration to require that the total annual dolphin mortality in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean not exceed 5,000 animals, with the objective of progressively reducing dolphin mortality to a level approaching zero through the setting of annual limits and with the goal of eliminating dolphin mortality.”
Relationship of Marine Mammal Protection Act Amendments of 1994 to Other Law
Section 2(b) of
Pub. L. 103–238 provided that: “Except as otherwise expressly provided, nothing in this Act [see Short Title of 1994 Amendment note above] is intended to amend, repeal, or otherwise affect any other provision of law.”
Indian Treaty Rights; Alaska Native Subsistence
Section 14 of
Pub. L. 103–238 provided that: “Nothing in this Act [see Short Title of 1994 Amendment note above], including any amendments to the Marine Mammal Protection Act of 1972 [
16 U.S.C.
1361 et seq.] made by this Act—
“(1) alters or is intended to alter any treaty between the United States and one or more Indian tribes; or
“(2) affects or otherwise modifies the provisions of section 101(b) of the Marine Mammal Protection Act of 1972 (
16 U.S.C.
1371
(b)), except as specifically provided in the amendment made by section 4(b) of this Act [amending section
1371 of this title].”
Study on Effects of Dolphin Feeding
Pub. L. 102–567, title III, § 306, Oct. 29, 1992,
106 Stat. 4284, directed Secretary of Commerce to conduct a study in the eastern Gulf of Mexico on the effects of feeding of noncaptive dolphins by human beings, such study to be designed to detect any behavior or diet modification resulting from this feeding and to identify the effects, if any, of these modifications on the health and well-being of the dolphins, directed Secretary to consult with National Academy of Sciences and Marine Mammal Commission in design and conduct of the study, and directed Secretary, within 18 months after Oct. 29, 1992, to submit to Congress a report on results of the study.
Study on Mortality of Atlantic Dolphin
Pub. L. 100–711, § 7, Nov. 23, 1988,
102 Stat. 4771, directed Secretary of Commerce to conduct a study regarding east coast epidemic during 1987 and 1988 which caused substantial mortality within North Atlantic coastal population of Atlantic bottle-nosed dolphin, such study to examine (1) cause or causes of epidemic, (2) effect of epidemic on coastal and offshore populations of Atlantic bottle-nosed dolphin, (3) extent to which pollution may have contributed to epidemic, (4) whether other species and populations of marine mammals were affected by those factors which contributed to epidemic, and (5) any other matters pertaining to causes and effects of epidemic, with Secretary to submit on or before Jan. 1, 1989, to Committee on Commerce, Science, and Transportation of the Senate and Committee on Merchant Marine and Fisheries of the House of Representatives a plan for conducting the study.
International Discussion To Advance Understanding of Cetacean Life
Pub. L. 95–426, title VI, § 602, Oct. 7, 1978,
92 Stat. 985, provided that: “It is the sense of the Congress that the President should convey to all countries having an interest in cetacean sea life the serious concern of the Congress regarding the continuing destruction of these marine mammals (highlighted by the recent slaughter of dolphins in the Sea of Japan by Japanese fishermen) and should encourage such countries—
“(1) to join in international discussions with other such countries in order to advance general understanding of cetacean life and thereby facilitate an effective use of the living marine resources of the world which does not jeopardize the natural balance of the aquatic environment;
“(2) to participate in an exchange of information with the National Marine Fisheries Service of the United States Department of Commerce, including cooperation in studies of—
“(A) the impact of cetaceans on ecologically related human foodstuffs, and
“(B) alternative methods of dealing with cetacean problems as they occur;
“(3) to cooperate in establishing an international cetacean commission to advance understanding of cetacean life and to insure the effective conservation and protection of cetaceans on a global scale; and
“(4) to adopt comprehensive marine mammal protection legislation.”