Bill

The Marine Mammal Protection Act of 1972:
The Right to Live Undisturbed
and Our Responsibility to Protect Marine Mammals

Introducing the Bills

The 92nd Congress

[Image courtesy of Marion S. Trikosko/Library of Congress]

H.R. 10420 and S. 2871

In 1971, House of Representatives bill 10420 (officialy "An Act to protect marine mammals to establish a Marine Mammal Commission and for other purposes") was introduced to the 92nd Congress. The bill proposed to end the "taking" (hunting, harassing, capturing, or killing) of marine mammals, created the marine mammal protection committee, and developed a system to punish those who violated any section of the bill. The bill was accompanied by Senate bill 2871 (officially "MARINE MAMMALS BILL") . Both bills received nearly unanimous bipartisan votes to pass. Public outcry in the 1970s led to several other similar bills being proposed, however, Congress passed the MMPA as it was the most scientifically supported bill.

"Man has been involved with mammals of the sea since at least the beginning of recorded history, as sources of food, clothing and even of recreation. The dolphin was highly regarded in ancient Rome and there are even today parts of the world in which marine mammals are treated with reverence.

With few exceptions, this is not the case in the 'civilized world.' "

- Excerpt from House Report 92-707 on Dec. 4, 1971

"Recent history indicates that man's impact upon marine mammals has ranged from what might be termed malign neglect to virtual genocide. These animals, including whales, porpoises, seals, sea otters, polar bears, manatees and others, have only rarely benefitted [sic] from our interest"

- Excerpt from House Report 92-707 on Dec. 4, 1971

Key Goals of the Bill

  1. Section 201-202: "Establishes the Marine Mammal Commission ... The Commission is required to: Review existing federal laws and international treaties relating to marine mammals, Carry out a necessary studies in connection with the protection and management of marine mammals, Recommend to the Secretary of the Interior revisions to the Endangered Species List ..."
  2. Section 101:
    1. "it is unlawful, without a permit or an exception as provided by Section 107 of the Act, for any person or vessel subject to the jurisdiction of the United States to take any marine mammal on the high seas or for any person or vessel, or other conveyance (such as an airplane) to take any marine mammal on waters or lands under the jurisdiction of the United States unless expressly provided for by an existing international agreement. The only such agreement of which this Committee is aware is a treaty between the United States and Japan referred to in the Department of State's comments on this legislation."
    2. "This subsection makes it illegal to import any marine mammal within certain specified categories unless that mammal is imported for legitimate scientific research."
    3. "... prohibits the importing of fish caught outside of the United States where the fish were caught by techniques which the Secretary concludes are injurious to marine mammals."
  3. Section 110: "... authorizes the Secretary to make grants or to provide other appropriate financial assistance to state and other agencies in order to assist them in carrying out research on subjects relevant to the protection and management of marine mammals."

- "MARINE MAMMAL PROTECTION ACT OF 1972", courtesy of Michigan State Universty Animal Legal & Historical Center

The MMPA includes exceptions for subsistence uses by Native Americans and in the case of incidental take by commercial fishing operations that causes negligible impact to marine mammals.