Congress passed the Marine Mammal Protection Act (MMPA) in 1972 (P.L. 92-522; 16 U.S.C. §§1361-1423h) to conserve marine mammal populations and protect them from extinction or depletion as a result of human activities. Since enactment, Congress has amended the MMPA at times and passed the most recent comprehensive amendments in 1994 (P.L. 103-238). The MMPA intersects with other marine-related legislation, such as the Endangered Species Act (16 U.S.C. §§1531-1544) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. §§1801-1891d). The MMPA, as amended, contains five main provisions, each of which is codified as a separate title and subchapter. Titles I, II, and IV focus on marine mammal protection broadly, whereas Titles III and V focus on specific marine mammal species. Only Titles I, II, and IV are summarized below. Title I of the MMPA, “Conservation and Protection of Marine Mammals,” includes the majority of the act’s provisions, which focus on conserving and protecting marine mammals to ensure they remain “a significant functioning element in the ecosystem” and at “optimum sustainable populations” (i.e., population size resulting in maximum productivity). The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Fish and Wildlife Service (FWS) primarily administer these provisions, together with the Marine Mammal Commission (MMC; discussed below). Title I includes provisions for the moratorium on taking and importing marine mammals and marine mammal products, including exemptions and issuance of permits by federal agencies for limited takes (i.e., harassing, hunting, capturing, killing, or attempting those activities) of marine mammals; federal agencies to determine the status of marine mammal stocks through regular population assessments and to develop plans to conserve depleted stocks (i.e., stocks below their optimum sustainable populations) or strategic stocks (i.e., populations where human-caused mortality exceeds the maximum amount that may be removed while maintaining their optimum sustainable populations); federal agency regulations and administration of the MMPA; commercial fishing implications of the MMPA; and domestic and international government engagements, research grants, and regional programs and provisions. Title II of the MMPA established the MMC, whose mission is “to provide independent, science-based oversight of domestic and international policies and actions of federal agencies addressing human impacts on marine mammals and their ecosystems.” Title II also includes provisions for the MMC’s composition and functioning, including committees and consultations with federal agencies. Title IV of the MMPA established the Marine Mammal Health and Stranding Response Program. This program collects and disseminates information on the health of marine mammals, coordinates responses to marine mammal strandings, and establishes a process for handling unusual mortality events (i.e., unexpected strandings that include a significant die-off of any marine mammal populations and demand an immediate response). Congress has long shown interest in the MMPA, marine mammal conservation in general, and conservation’s associated trade-offs with ocean sectors. Some Members and committees have discussed the emerging threats from environmental and human-associated stressors, including climate change, on marine mammal populations and their habitats; impacts to subsistence communities that depend on these species; and data gaps in understanding the ecology and population dynamics of marine mammals, including effects from emerging domestic and international offshore activities. Congress also has contemplated marine mammal management in the context of ecosystem-based management approaches that consider multiple ocean use sectors, and with respect to the effects of marine mammal conservation on fisheries species and fishing practices. These issues also have been raised by some stakeholders in recent years, including with respect to evolving conservation and management practices in consideration of these environmental and socioeconomic factors. Congress may consider whether or not to enact refinements or comprehensive amendments to the MMPA. Congress also may pursue oversight of certain agency activities, including directing studies or programs that may inform potential amendments to the MMPA.
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