The Marine Mammal Protection Act (P.L. 92522): Primer and Issues for Congress
Changes from January 5, 2024 to June 25, 2026
This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with red strikethrough and textual matter added in the later version is indicated with blue.
Contents
- Introduction
- Purpose of the Marine Mammal Protection Act
- Implementation of the Marine Mammal Protection Act
- Title I: Conservation and Protection of Marine Mammals
- Moratorium on Taking and Importing Marine Mammals and Marine Mammal Products
- Authorizations, Permits, and Specific Exemptions
- Marine Mammal Status Determinations, Stock Assessments, and Conservation Plans
- Status Determinations
- Stock Assessments
- Conservation Plans and Requirements
- Administration, Regulations, and Program Reviews
- Commercial Fishing and the MMPA
- Taking of Marine Mammals Incidental to Commercial Fishing Operations
- Take Reduction Plans
- Commercial Fisheries Gear Development and Marine Mammal Research Grants
- Federal-State Engagements, International Agreements, and Regional Provisions
- Federal Cooperation with States
- International Agreements
- Regional Provisions
- Title IV: Marine Mammal Health and Stranding Response
- Unusual Mortality Events
- Issues and Options for Congress
- Climate Change and the Marine Mammal Protection Act
- Ecosystem-Based Management and the MMPA
- Trade-Offs Between Marine Mammal Conservation and U.S. Fisheries
Summary
Congress passed the Marine Mammal Protection Act (MMPA) in 1972 (P.L. 92-522; 16 U.S.C.MMPA intersects with other marine-related legislation, such as the Endangered Species Act (16 MMPA intersects with other marine-related legislation, such as the Endangered Species Act (16
U.S.C. §§1801-1891d). The MMPA, as amended, contains five main provisions, each of which is codified as a separate title 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 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.marine mammal species. Only Titles I, II, and IV are summarized below.
which focus on conserving and protecting marine mammals to ensure they remain which focus on conserving and protecting marine mammals to ensure they remain
Oceanic and Atmospheric Administration (NOAA) and the U.S. Fish and Wildlife Service (FWS) primarily administer these 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 forprovisions, together with the Marine Mammal Commission (MMC; discussed below). Title I includes provisions for
capturing, killing, or attempting those activities) of marine mammals;capturing, killing, or attempting those activities) of marine mammals;
or strategic stocks (i.e., populations where human-caused mortality exceeds the maximum amount that may or strategic stocks (i.e., populations where human-caused mortality exceeds the maximum amount that may
be removed while maintaining their optimum sustainable populations);be removed while maintaining their optimum sustainable populations);
and international policies and actions of federal agencies addressing human impacts on marine mammals and their and international policies and actions of federal agencies addressing human impacts on marine mammals and their
ecosystems.ecosystems.
consultations with federal agencies.consultations with federal agencies.
disseminates information on the health of marine mammals, coordinates responses to marine mammal strandings, and disseminates information on the health of marine mammals, coordinates responses to marine mammal strandings, and
establishes a process for handling establishes a process for handling unusual mortality events (i.e., unexpected strandings that include a significant die-off of (i.e., unexpected strandings that include a significant die-off of
any marine mammal populations and demand an immediate response).any marine mammal populations and demand an immediate response).
trade-offs with ocean sectors. Some Members and committees have discussed the emerging threats from environmental and 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 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 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 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 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. ocean use sectors, and with respect to the effects of marine mammal conservation on fisheries species and fishing practices.
These These
and management practices in consideration of these environmental and socioeconomic factors. Congress may consider 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 whether or not to enact refinements or comprehensive amendments to the MMPA. Congress also may pursue oversight of
certain agency activities, including directing studies certain agency activities, including directing studies
Introduction
Marine mammals (e.g., whales, dolphins, seals, polar bears) inhabit ocean ecosystems and Marine mammals (e.g., whales, dolphins, seals, polar bears) inhabit ocean ecosystems anddirectly influence the biology and functioning of those systems. Some marine mammals prey on directly influence the biology and functioning of those systems. Some marine mammals prey on
fish and shellfish species. Others, such as sirenians (i.e., manatees and dugongs), graze on fish and shellfish species. Others, such as sirenians (i.e., manatees and dugongs), graze on
seagrasses and other submerged aquatic vegetation. Both activities structure marine ecosystems seagrasses and other submerged aquatic vegetation. Both activities structure marine ecosystems
and impact the services those ecosystems provide to co-occurring species and coastal and impact the services those ecosystems provide to co-occurring species and coastal
communities.communities.
reduced marine mammalsreduced marine mammals
survival.survival.
various large whale species and incidental captures of marine mammals in fishing gear. In various large whale species and incidental captures of marine mammals in fishing gear. In
addition, marine mammals are at risk for injury or death associated with vessel strikes, poaching, addition, marine mammals are at risk for injury or death associated with vessel strikes, poaching,
harassment, pollution, and underwater acoustic sources.harassment, pollution, and underwater acoustic sources.
of climate change on these species,of climate change on these species,
and migration patterns.and migration patterns.
been observed in recent decades. been observed in recent decades.
populations.populations.
to climate change and human-associated impacts, and some marine mammal populations remain to climate change and human-associated impacts, and some marine mammal populations remain
low.low.7
certain species due in part to protection and conservation efforts, many stakeholders—including certain species due in part to protection and conservation efforts, many stakeholders—including
some in Congress—have prioritized the ongoing protection and conservation of these species. some in Congress—have prioritized the ongoing protection and conservation of these species.
Some constituents have amplified concerns about threats to marine mammalsSome constituents have amplified concerns about threats to marine mammals, because they are because they are
drawn to these aesthetic species. Others emphasize the economic importantance of these species drawn to these aesthetic species. Others emphasize the economic importantance of these species
and the need for ongoing protections; for example, marine mammal tourism is a valuable and the need for ongoing protections; for example, marine mammal tourism is a valuable
these species provide. For example, large whales have been shown to enhance the productivity of these species provide. For example, large whales have been shown to enhance the productivity of
ocean waters by bringing nitrogen and other nutrients to the surface (i.e., ocean waters by bringing nitrogen and other nutrients to the surface (i.e., the whale pump) to ) to
support marine food webs and to sequester carbon dioxide from the atmosphere.support marine food webs and to sequester carbon dioxide from the atmosphere.
mammal protection and conservationmammal protection and conservation
trade-offs with other ocean sectors.trade-offs with other ocean sectors.
§§1361-1423h) to conserve all marine mammal populations and protect them from extinction or §§1361-1423h) to conserve all marine mammal populations and protect them from extinction or
depletion as a result of human activities.depletion as a result of human activities.
permitted to diminish below sustainable thresholds (i.e., below a population size at which they permitted to diminish below sustainable thresholds (i.e., below a population size at which they
may replenish themselves effectively and continue functioning within their ecosystems).may replenish themselves effectively and continue functioning within their ecosystems).
MMPA, as amended, contains five main provisions, each of which is codified as a separate title MMPA, as amended, contains five main provisions, each of which is codified as a separate title
and subchapter in the legislation:and subchapter in the legislation:
impacts from fishing and impacts from fishing and
for marine mammal population status, and intergovernmental collaborations.for marine mammal population status, and intergovernmental collaborations.
mammals with respect to tuna fisheries. This title is not discussed in this report.mammals with respect to tuna fisheries. This title is not discussed in this report.
14 investigating and responding to unusual mortality events, administering marine investigating and responding to unusual mortality events, administering marine
mammal rescue assistance grant programs, and establishing a marine mammal mammal rescue assistance grant programs, and establishing a marine mammal
Agreement on the Conservation of Polar Bears.Agreement on the Conservation of Polar Bears.
report.report.
Oceanic and Atmospheric Administration (NOAA), U.S. Fish and Wildlife Service (FWS), and Oceanic and Atmospheric Administration (NOAA), U.S. Fish and Wildlife Service (FWS), and
MMC. The report discusses selected provisions under certain titles, including provisions to MMC. The report discusses selected provisions under certain titles, including provisions to
(1) conserve and protect marine mammals to ensure they remain a sustainable, functional element (1) conserve and protect marine mammals to ensure they remain a sustainable, functional element
in the ecosystem (Title I), (2) establish the MMC (Title II), and (3) create a marine mammal in the ecosystem (Title I), (2) establish the MMC (Title II), and (3) create a marine mammal
health and stranding response program (Title IV). The report is not organized to cover the MMPA health and stranding response program (Title IV). The report is not organized to cover the MMPA
in a section-by-section format under each title but rather with in a section-by-section format under each title but rather with
theme and with corresponding nationally focused sections grouped accordingly. This report also theme and with corresponding nationally focused sections grouped accordingly. This report also
provides a discussion of selected issues for Congress with respect to the MMPA, including provides a discussion of selected issues for Congress with respect to the MMPA, including
considerations regarding climate change, ecosystem-based management, and trade-offs between considerations regarding climate change, ecosystem-based management, and trade-offs between
marine mammal conservation and fisheries.marine mammal conservation and fisheries.
Purpose of the Marine Mammal Protection Act
The MMPAThe MMPA
point where these species are no longer functioning elements of marine ecosystems. Specifically, point where these species are no longer functioning elements of marine ecosystems. Specifically,
declining beyond a population size at which marine mammals remain biologically meaningful declining beyond a population size at which marine mammals remain biologically meaningful
and exert predatory controls or other ecological effects on other organisms.and exert predatory controls or other ecological effects on other organisms.
a a marine mammal as as
environment (including sea otters and members of the orders Sirenia, Pinnipedia and Cetacea), or environment (including sea otters and members of the orders Sirenia, Pinnipedia and Cetacea), or
(B) primarily inhabits the marine environment (such as the polar bear); and, for the purposes of (B) primarily inhabits the marine environment (such as the polar bear); and, for the purposes of
this chapter, includes any part of any such marine mammal, including its raw, dressed, or dyed fur this chapter, includes any part of any such marine mammal, including its raw, dressed, or dyed fur
or skin.or skin.
of extinction or depletion and that they should not be permitted to diminish below their of extinction or depletion and that they should not be permitted to diminish below their optimum
sustainable population (OSP),(OSP),
functioning element in their particular ecosystem.functioning element in their particular ecosystem.
mammal management are to maintain the health and stability of the marine ecosystem and to mammal management are to maintain the health and stability of the marine ecosystem and to
maintain OSPs of marine mammals in consideration of a given habitatmaintain OSPs of marine mammals in consideration of a given habitat
diminished below its OSP and to protect marine mammal essential habitats (and areas of similar diminished below its OSP and to protect marine mammal essential habitats (and areas of similar
significance for each species of marine mammal) from the adverse effects of human actions.significance for each species of marine mammal) from the adverse effects of human actions.
21 Experts and stakeholders have referred to the recovery of multiple seal populations off New Experts and stakeholders have referred to the recovery of multiple seal populations off New
England and California—and England and California—and comparative increases in humpback, blue, and gray whales in recent decades—increases in humpback, blue, and gray whales in recent decades—
as evidence of the actas evidence of the act
marine mammal research and conservation.marine mammal research and conservation.
23 Implementation of the Marine Mammal
Protection Act
Three federal agencies implement the MMPA, sharing responsibility for carrying out the actThree federal agencies implement the MMPA, sharing responsibility for carrying out the act
's conservation and management provisions:conservation and management provisions:
walruses).walruses).
actions addressing human impacts on marine mammals and their ecosystems.actions addressing human impacts on marine mammals and their ecosystems.
for managing fishing and for managing fishing and
compliance with other legislation, and public availability of agency materials.compliance with other legislation, and public availability of agency materials.
domestic and international policies and actions of federal agencies addressing human impacts on marine mammals domestic and international policies and actions of federal agencies addressing human impacts on marine mammals
and their ecosystems.and their ecosystems.
" The MMC is an independent advisory agency composed of three members (commissioners), who are The MMC is an independent advisory agency composed of three members (commissioners), who are
knowledgeable in marine ecology and resource management. Commissioners serve three-year terms and are not knowledgeable in marine ecology and resource management. Commissioners serve three-year terms and are not
eligible for reappointment. The commissioners are appointed by the President and confirmed by the Senate. The eligible for reappointment. The commissioners are appointed by the President and confirmed by the Senate. The
President also designates a chair of the MMC from among the commissioners; the chair may appoint and assign President also designates a chair of the MMC from among the commissioners; the chair may appoint and assign
duties to an executive director and administrative staff, with the MMCduties to an executive director and administrative staff, with the MMC
MMC duties include the MMC duties include the
marine mammalsmarine mammals
humane means for taking marine mammals, (4) proposed or in-place research programs under the Marine humane means for taking marine mammals, (4) proposed or in-place research programs under the Marine
Mammal Protection Act (MMPA; P.L. 92-522; 16 U.S.C. §§1361-1423h), and (5) all applications for scientific Mammal Protection Act (MMPA; P.L. 92-522; 16 U.S.C. §§1361-1423h), and (5) all applications for scientific
research permits and those for public display or for enhancing the survival of a species or stockresearch permits and those for public display or for enhancing the survival of a species or stock
Recommending federal measures to further policies of the MMPA, including activities that protect Indians and Recommending federal measures to further policies of the MMPA, including activities that protect Indians and
Alaskan Natives whose livelihood may be adversely affected by actions taken pursuant to the MMPAAlaskan Natives whose livelihood may be adversely affected by actions taken pursuant to the MMPA
under international agreements or arrangementsunder international agreements or arrangements
of nine scientists appointed by the MMC chair after consultation with the chairs of the Council on Environmental of nine scientists appointed by the MMC chair after consultation with the chairs of the Council on Environmental
Quality and the National Academy of Sciences and the directorate of the Smithsonian Institution and the National Quality and the National Academy of Sciences and the directorate of the Smithsonian Institution and the National
Science Foundation. The MMC is to consult with the Science Foundation. The MMC is to consult with the
programs that it proposes or undertakes and in reviewing all applications for scientific research permits. The MMC programs that it proposes or undertakes and in reviewing all applications for scientific research permits. The MMC
also is to have access to all studies and data compiled by federal agencies regarding marine mammals. If the MMC also is to have access to all studies and data compiled by federal agencies regarding marine mammals. If the MMC
does not adopt a recommendation made by the does not adopt a recommendation made by the
to transmit a detailed explanation of its reasons for not accepting such recommendations to Congress and the to transmit a detailed explanation of its reasons for not accepting such recommendations to Congress and the
appropriate federal agency. Furthermore, although the MMC is not a regulatory agency, its comments are to be appropriate federal agency. Furthermore, although the MMC is not a regulatory agency, its comments are to be
taken into consideration by relevant action agencies. Should an agency choose to not taken into consideration by relevant action agencies. Should an agency choose to not
's recommendations, it must provide a rationale for taking a different approach.recommendations, it must provide a rationale for taking a different approach.
The MMC is to provide an annual report to Congress in consultation with the Secretary of Commerce and/or the The MMC is to provide an annual report to Congress in consultation with the Secretary of Commerce and/or the
Secretary of the Interior. All reports and recommendations made by the MMC are required to be publicly Secretary of the Interior. All reports and recommendations made by the MMC are required to be publicly
available.available.
Sources: 16 U.S.C. §§1401-1407; Marine Mammal Commission (MMC), 16 U.S.C. §§1401-1407; Marine Mammal Commission (MMC),
https://www.mmc.gov/; MMC, https://www.mmc.gov/; MMC,
Title I: Conservation and Protection of
Marine Mammals
Title I of the MMPA contains the majority of the actTitle I of the MMPA contains the majority of the act
and protection of marine mammals.and protection of marine mammals.
following topics:following topics:
of the MMPA. Title I also includes several regionally focused programs,of the MMPA. Title I also includes several regionally focused programs,
described below (see described below (see "
"). Moratorium on Taking and Importing Marine Mammals and
Marine Mammal Products
The MMPA established a moratorium on the taking of marine mammals in U.S. waters, except in The MMPA established a moratorium on the taking of marine mammals in U.S. waters, except in
certain cases.certain cases.
or kill, or attempt to harass, hunt, capture, or kill any marine mammal.or kill, or attempt to harass, hunt, capture, or kill any marine mammal.
MMPA also prohibits any person or vessel under U.S. jurisdiction from taking or possessing any MMPA also prohibits any person or vessel under U.S. jurisdiction from taking or possessing any
marine mammal on the high seas, except as provided for by an international treaty, convention, or marine mammal on the high seas, except as provided for by an international treaty, convention, or
agreement to which the United States is a party.agreement to which the United States is a party.
purchase, sale, or export of any marine mammal or marine mammal products, or any offers purchase, sale, or export of any marine mammal or marine mammal products, or any offers
thereof unless explicitly permitted by NMFS or FWS (seethereof unless explicitly permitted by NMFS or FWS (see
violation of any regulations or limitations related to the conservation and protection of marine violation of any regulations or limitations related to the conservation and protection of marine
mammals issued for that fishery (mammals issued for that fishery (
Secretary
importing of marine mammals. In promulgating regulations, the Secretary must use importing of marine mammals. In promulgating regulations, the Secretary must use
reviewed and may be modified at the Secretaryreviewed and may be modified at the Secretary
multiple factors when prescribing these regulations, including the existing and future levels of multiple factors when prescribing these regulations, including the existing and future levels of
marine mammal species and their populations; international treaties and agreements; the marine marine mammal species and their populations; international treaties and agreements; the marine
ecosystem; and fisheries, economic, and technological considerations.ecosystem; and fisheries, economic, and technological considerations.
39 Authorizations, Permits, and Specific Exemptions
by Alaska Natives) related to the moratorium. It also grants authority to the Secretary to allow the by Alaska Natives) related to the moratorium. It also grants authority to the Secretary to allow the
taking of marine mammals or issue permits for certain activities that involve marine mammals.taking of marine mammals or issue permits for certain activities that involve marine mammals.
40 For example, the MMPA includes provisions for the authorized For example, the MMPA includes provisions for the authorized incidental taking (i.e., taking that (i.e., taking that
is infrequent, unavoidable, unexpected, or accidental and that causes is infrequent, unavoidable, unexpected, or accidental and that causes negligible impact))
marine mammals during commercial fishing operations (seemarine mammals during commercial fishing operations (see
Incidental to Commercial Fishing Operations
offshore energy exploration).offshore energy exploration).
authorizations issued by federal agencies for incidental takes (e.g., an incidental take authorizations issued by federal agencies for incidental takes (e.g., an incidental take
authorization) or directed takes (i.e., a specific permit to allow for an intentional interaction under authorization) or directed takes (i.e., a specific permit to allow for an intentional interaction under
a specific purpose that may result in take) of marine mammals during specific activities. Further a specific purpose that may result in take) of marine mammals during specific activities. Further
Type of Authorization
Authorized Activities
Federal Agency
Citations
Incidental Takes
Marine Mammal Authorization
Incidental take of marine mammals during U.S. commercial fishing operations
NMFS
Incidental Take Authorization (ITA)
Incidental take of marine mammals during nonfishing activities, including those by the military, energy, scientific, and marine construction sectors
FWS or NMFS
16 U.S.C. §1371(a)(5)(A)-(D);
50 C.F.R. §§18.1-18.152;Authorization
FWS or NMFS
See citations for an ITA.
Letter of Authorization (LOA)
or Incidental Take Regulation (ITR)
NMFS or FWS each issue LOAs
FWS issues ITRs
MMC consults on specifically issued regulations for a given activity
16 U.S.C. §1373(a); see also citations for an ITA.
Directed Takes
Permits
Specific permits may be issued for scientific, public display, enhancement, relocation, and/or photography purposes or for importing polar bear parts
NMFS, FWS, and in consultation with the MMC
16 U.S.C. §§1371, 1374;
50 C.F.R. §§18.1-18.34;Sources: 16 U.S.C. §§1371, 1374, 1387, 1416; 50 C.F.R. §§18.1-18.152; 216.1-219.40; National Oceanic and 16 U.S.C. §§1371, 1374, 1387, 1416; 50 C.F.R. §§18.1-18.152; 216.1-219.40; National Oceanic and
Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS),
Authorizations for Protected Species,Authorizations for Protected Species,
authorizations-protected-species; NOAA, NMFS, authorizations-protected-species; NOAA, NMFS,
Protection Act,Protection Act,
protection-act; NOAA, NMFS, protection-act; NOAA, NMFS,
national/marine-mammal-protection/marine-mammal-authorization-program; U.S. Fish and Wildlife Service national/marine-mammal-protection/marine-mammal-authorization-program; U.S. Fish and Wildlife Service
(FWS), (FWS),
authorizations-marine-mammals; FWS, authorizations-marine-mammals; FWS,
Amendment of Permit (MMPA; ESA),Amendment of Permit (MMPA; ESA),
mammals-or-amendment-permit-mmpa-esamammals-or-amendment-permit-mmpa-esa
. Notes: MMC = Marine Mammal Commission. Incidental Harassment Authorizations, Letters of Authorization, MMC = Marine Mammal Commission. Incidental Harassment Authorizations, Letters of Authorization,
and Incidental Take Regulations are all types of Incidental Take Authorizations. The Marine Mammal Protection and Incidental Take Regulations are all types of Incidental Take Authorizations. The Marine Mammal Protection
Act (P.L. 92-522; 16 U.S.C. §§1361-1423h) defines Act (P.L. 92-522; 16 U.S.C. §§1361-1423h) defines take as as
hunt, capture, or hunt, capture, or
interaction with the protected animal for a specific purpose that may result in a take. NMFS defines interaction with the protected animal for a specific purpose that may result in a take. NMFS defines incidental
take as as
which are infrequent, unavoidable, or accidental. It does not mean that the taking must be unexpected.which are infrequent, unavoidable, or accidental. It does not mean that the taking must be unexpected.
" Incidental Take Authorizations
incidental takes of small numbers of marine mammals within a specified geographic region incidental takes of small numbers of marine mammals within a specified geographic region
during particular during particular
issue permits allowing for marine mammals to be taken incidentally during military readiness issue permits allowing for marine mammals to be taken incidentally during military readiness
activities.activities.
through an through an incidental take authorization. There are two types of these authorizations:. There are two types of these authorizations:
mammals.mammals.
has the potential to injure a marine mammal or marine mammal stock in the wild; or (ii) has the has the potential to injure a marine mammal or marine mammal stock in the wild; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption
of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering.feeding, or sheltering.
has the potential to cause a permanent threshold shift or other types of nonserious injury,has the potential to cause a permanent threshold shift or other types of nonserious injury,
Level B harassment, which has the potential to disturb marine mammals and disrupt their , which has the potential to disturb marine mammals and disrupt their
behavioral patterns.behavioral patterns.
to marine mammals.to marine mammals.
to these authorized takes, in consultation with the MMC.to these authorized takes, in consultation with the MMC.
notice and opportunity for public comment in the notice and opportunity for public comment in the Federal Register..
mitigation measures for minimizing adverse effects on marine mammals.mitigation measures for minimizing adverse effects on marine mammals.
Species Act (ESA; 16 U.S.C. §§1531-1544), as related to ESA-listed threatened and endangered marine mammals Species Act (ESA; 16 U.S.C. §§1531-1544), as related to ESA-listed threatened and endangered marine mammals
and with respect to required consultations for specific activities. Section 7 of the ESA (16 U.S.C. §1536(b)(4)) and with respect to required consultations for specific activities. Section 7 of the ESA (16 U.S.C. §1536(b)(4))
includes specific reference to marine mammals and the MMPA.includes specific reference to marine mammals and the MMPA.
Section 7(a) of the ESA requires interagency consultation on any proposed actions or activities that may affect Section 7(a) of the ESA requires interagency consultation on any proposed actions or activities that may affect
ESA-listed species or their designated ESA-listed species or their designated critical habitat. The authorized taking of marine mammals under the MMPA, . The authorized taking of marine mammals under the MMPA,
as covered under agency-issued incidental take authorizations, is a federal action that requires an ESA Section 7 as covered under agency-issued incidental take authorizations, is a federal action that requires an ESA Section 7
consultation.consultation.
Section 7(b) of the ESA states that if an endangered or threatened marine mammal species is involved in the Section 7(b) of the ESA states that if an endangered or threatened marine mammal species is involved in the
activity requiring consultation, the taking of that marine mammal is to be authorized under the MMPA prior to any activity requiring consultation, the taking of that marine mammal is to be authorized under the MMPA prior to any
written statement from the Secretary on the impact of incidental taking on the ESA-listed species. That written written statement from the Secretary on the impact of incidental taking on the ESA-listed species. That written
statement also is to specify statement also is to specify
appropriate to minimize such impactappropriate to minimize such impact
necessary to comply with the MMPA regarding such taking. Therefore, the National Oceanic and Atmospheric necessary to comply with the MMPA regarding such taking. Therefore, the National Oceanic and Atmospheric
Administration (NOAA) or U.S. Fish and Wildlife Service (FWS) cannot issue an incidental take statement for Administration (NOAA) or U.S. Fish and Wildlife Service (FWS) cannot issue an incidental take statement for
marine mammals under the ESA until an MMPA incidental take authorization has been issued.marine mammals under the ESA until an MMPA incidental take authorization has been issued.
There are other intersections between the MMPA and the ESA. For example, provisions codified along with the There are other intersections between the MMPA and the ESA. For example, provisions codified along with the
ESA regarding the ESA regarding the translocation of California sea otters stipulate that any incidental taking during an otherwise of California sea otters stipulate that any incidental taking during an otherwise
lawful activity in the lawful activity in the management zone, or necessary sea otter relocation or management action, may not be , or necessary sea otter relocation or management action, may not be
treated as violating the MMPA (16 U.S.C. §1536 note). Additionally, Section 17 of the ESA (16 U.S.C. §1543) states treated as violating the MMPA (16 U.S.C. §1536 note). Additionally, Section 17 of the ESA (16 U.S.C. §1543) states
that no provision of the ESA that no provision of the ESA
Sources: 16 U.S.C. §§1536(a)-(b), 1536 note, 1539(j), 1543; NOAA, National Marine Fisheries Service (NMFS), 16 U.S.C. §§1536(a)-(b), 1536 note, 1539(j), 1543; NOAA, National Marine Fisheries Service (NMFS),
west-coast/endangered-species-conservation/esa-section-7-consultation-tools-marine-mammals-west; NOAA, west-coast/endangered-species-conservation/esa-section-7-consultation-tools-marine-mammals-west; NOAA,
NMFS, NMFS,
https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act; FWS, https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act; FWS,
marine-mammalsmarine-mammals.
Notes: The ESA, under 16 U.S.C. §1532(5)(A), defines The ESA, under 16 U.S.C. §1532(5)(A), defines critical habitat for a threatened or endangered species as for a threatened or endangered species as
listed in accordance with the provisions of section 1533 of this title, upon a determination by the Secretary listed in accordance with the provisions of section 1533 of this title, upon a determination by the Secretary
location (i.e., known as the location (i.e., known as the management zone, which surrounds the , which surrounds the translocation zone to which an experimental sea to which an experimental sea
otter population is relocated and does not include the existing range of the parent population or adjacent range otter population is relocated and does not include the existing range of the parent population or adjacent range
where expansion is necessary for the recovery of the species).where expansion is necessary for the recovery of the species).
16 U.S.C. §1539(j) defines an 16 U.S.C. §1539(j) defines an experimental population as as
therefrom) authorized by the Secretary for release under paragraph (2), but only when, and at such times as, the therefrom) authorized by the Secretary for release under paragraph (2), but only when, and at such times as, the
population is population is
" Permits and Other Specific Exemptions
importing marine mammals during the following actions, as specified in Sections 101 and 104:importing marine mammals during the following actions, as specified in Sections 101 and 104:
the Committee of Scientific Advisors on Marine Mammals (see the text box on the MMC the Committee of Scientific Advisors on Marine Mammals (see the text box on the MMC [under "Implementation of the Marine Mammal Protection Act"] for
more information about the committee).more information about the committee).
application made for a permit, and to invite written data or views from interested parties with application made for a permit, and to invite written data or views from interested parties with
respect to the taking or importation proposed in that application, before any decision to issue a respect to the taking or importation proposed in that application, before any decision to issue a
permit.permit.
mammal takes performed in self-defense or national defense,mammal takes performed in self-defense or national defense,
survival of a marine mammal (i.e., survival of a marine mammal (i.e.,
Alaska Native subsistence activities or for creating and selling authentic Native articles of Alaska Native subsistence activities or for creating and selling authentic Native articles of
handicrafts and clothing.handicrafts and clothing.
62 Penalties for Taking or Possessing a Marine Mammal
Section 105 of the MMPA states that the Secretary may assess a civil penalty (i.e., a fine) to any Section 105 of the MMPA states that the Secretary may assess a civil penalty (i.e., a fine) to any
person who violates any provision, permit, or regulation after notice and opportunity for a person who violates any provision, permit, or regulation after notice and opportunity for a
hearing.hearing.
jurisdiction that is employed in any manner in the unlawful taking of any marine mammal shall jurisdiction that is employed in any manner in the unlawful taking of any marine mammal shall
have its entire cargo or the monetary value thereof subject to seizure and forfeiture and liable for have its entire cargo or the monetary value thereof subject to seizure and forfeiture and liable for
any civil penalties issued by a district court.any civil penalties issued by a district court.
all MMPA provisions related to Title I and may designate officers and employees of any U.S. all MMPA provisions related to Title I and may designate officers and employees of any U.S.
state or territory to enforce these provisions.65 Marine Mammal Status Determinations, Stock Assessments, and
Conservation Plans
Status determinations for marine mammals (i.e., depleted or not depleted) are necessary for Status determinations for marine mammals (i.e., depleted or not depleted) are necessary for
understanding the sustainability of these species and any potential threats to the viability of their understanding the sustainability of these species and any potential threats to the viability of their
populations. Assessments of marine mammal populations (i.e., stock assessments) provide populations. Assessments of marine mammal populations (i.e., stock assessments) provide
information on population trends, productivity rates, and estimates of mortality and serious injury information on population trends, productivity rates, and estimates of mortality and serious injury
to inform status determinations.to inform status determinations.
effectiveness of conservation and protection measures and to adjust management approaches as effectiveness of conservation and protection measures and to adjust management approaches as
necessary.necessary.
67 Status Determinations
mammal species or stock (i.e., whether it is depleted or should no longer be designated as such) mammal species or stock (i.e., whether it is depleted or should no longer be designated as such)
through the issuance of a rule after notice and opportunity for public comment.through the issuance of a rule after notice and opportunity for public comment.
may independently initiate a determination or may do so in response to a petition for a status may independently initiate a determination or may do so in response to a petition for a status
review.review.
available, including as conducted through a stock assessment, and may publish a call for scientific available, including as conducted through a stock assessment, and may publish a call for scientific
information from individuals, organizations, institutions, or informal working groups.information from individuals, organizations, institutions, or informal working groups.
example, NOAA evaluates the status of marine mammal stocks with respect to whether a stock is example, NOAA evaluates the status of marine mammal stocks with respect to whether a stock is
depleted as defined under statute, its status relative to OSP (i.e., within OSP, below OSP, or depleted as defined under statute, its status relative to OSP (i.e., within OSP, below OSP, or
unknown), its designation as strategic or not, its status relative to the MMPA unknown), its designation as strategic or not, its status relative to the MMPA
goal,goal,
injury.injury.
MMPA provisions identify any marine mammal population that is listed under the ESA as MMPA provisions identify any marine mammal population that is listed under the ESA as
depleted.depleted.
depleted.depleted.
73 Stock Assessments
in U.S. waters, as required by the MMPA.in U.S. waters, as required by the MMPA.
threats.threats.
of human-caused mortality and serious injury unlikely to cause the stock to be reduced below its of human-caused mortality and serious injury unlikely to cause the stock to be reduced below its
OSP or (2) is determined to be a OSP or (2) is determined to be a strategic stock, including a description of the reasons for that , including a description of the reasons for that
classification.classification.
assessments.assessments.
listed, as a threatened or endangered species under the ESA or for which direct human-caused listed, as a threatened or endangered species under the ESA or for which direct human-caused
mortality is greater than its mortality is greater than its potential biological removal level (PBRL).(PBRL).
also includes those stocks that are designated as depleted under the MMPA.also includes those stocks that are designated as depleted under the MMPA.
that may be removed from the population while allowing it to reach or maintain its OSP.that may be removed from the population while allowing it to reach or maintain its OSP.
the PBRL is a direct measure of the maximum allowable mortalities from human activities that the PBRL is a direct measure of the maximum allowable mortalities from human activities that
may occur to that marine mammal stock to keep its population at sustainable levels.may occur to that marine mammal stock to keep its population at sustainable levels.
the information used to calculate this level and the recovery factor.the information used to calculate this level and the recovery factor.
significant new information is available, and at least once every three years for all other stocks.significant new information is available, and at least once every three years for all other stocks.
83 If the status for a given stock has changed or can be more accurately determined, then the If the status for a given stock has changed or can be more accurately determined, then the
Secretary is to revise the stock assessment following SRG advice and considering public Secretary is to revise the stock assessment following SRG advice and considering public
comment.comment.
thereof, for public comment over a 90-day period.thereof, for public comment over a 90-day period.
best scientific information available, the advice of the appropriate regional SRG, and public best scientific information available, the advice of the appropriate regional SRG, and public
comments before issuing any final stock assessments.comments before issuing any final stock assessments.
parties, to establish three independent regional SRGs representing the Alaskan, Pacific (including parties, to establish three independent regional SRGs representing the Alaskan, Pacific (including
Hawaii and Pacific Island territories), and Atlantic (including the Gulf of Hawaii and Pacific Island territories), and Atlantic (including the Gulf of
includes trends in the percentages of strategic marine mammal stocks (i.e., out of the total number includes trends in the percentages of strategic marine mammal stocks (i.e., out of the total number
of marine mammal stocks) that have been identified in annual stock assessment reports. The of marine mammal stocks) that have been identified in annual stock assessment reports. The
percentage of strategic stocks in a given region indicates how many relative stocks exist where percentage of strategic stocks in a given region indicates how many relative stocks exist where
human-caused mortality exceeds the PBRL or are below OSP, which can indicate the human-caused mortality exceeds the PBRL or are below OSP, which can indicate the
effectiveness of the MMPA as implemented.effectiveness of the MMPA as implemented.
stocks have consistently occurred in the Atlantic region (including Gulf of stocks have consistently occurred in the Atlantic region (including Gulf of
Caribbean stocks), with decreases observed from the 1990s to mid-2000s. Increases in the Caribbean stocks), with decreases observed from the 1990s to mid-2000s. Increases in the
percentages of strategic stocks were observed for the Alaskan region since the 1990s, while less percentages of strategic stocks were observed for the Alaskan region since the 1990s, while less
pronounced decreases occurred in the Pacific region over time. The trends for all three regions pronounced decreases occurred in the Pacific region over time. The trends for all three regions
generally have remained consistent since the 2010s, with occasional fluctuations occurring for generally have remained consistent since the 2010s, with occasional fluctuations occurring for
Alaskan and Atlantic stocks. Declines in the percentages of Atlantic strategic stocks over time, Alaskan and Atlantic stocks. Declines in the percentages of Atlantic strategic stocks over time,
and of Pacific stocks to a lesser extent, suggest effectiveness of MMPA protection and and of Pacific stocks to a lesser extent, suggest effectiveness of MMPA protection and
conservation efforts in those regions. Furthermore, increases in percentages of Alaskan strategic conservation efforts in those regions. Furthermore, increases in percentages of Alaskan strategic
stocks during the 1990s and 2000s could suggest lower effectiveness of these efforts or the stocks during the 1990s and 2000s could suggest lower effectiveness of these efforts or the
presence of other factors (e.g., climate,presence of other factors (e.g., climate,
differentially affecting Alaskan marine mammal populations.differentially affecting Alaskan marine mammal populations.
stock percentages in more recent decades also may suggest consistency in MMPA effectiveness stock percentages in more recent decades also may suggest consistency in MMPA effectiveness
among regions, as noted in one study.91
Figure 1. Percentage of Strategic Marine Mammal Stocks in U.S. Regions over Time
mammal-protection/marine-mammal-stock-assessment-reports-region; U.S. Fish and Wildlife Service (FWS), mammal-protection/marine-mammal-stock-assessment-reports-region; U.S. Fish and Wildlife Service (FWS),
reports. Notes: Data are shown for the percentage of marine mammals identified as strategic stocks in NOAA and FWS Data are shown for the percentage of marine mammals identified as strategic stocks in NOAA and FWS
marine mammal stock assessment reports. Years for which data are not shown reflect that no stock assessment marine mammal stock assessment reports. Years for which data are not shown reflect that no stock assessment
was conducted for that region during that yearwas conducted for that region during that year
region includes all marine mammals in state and federal waters of the region includes all marine mammals in state and federal waters of the
includes all marine mammals in U.S. state and federal waters off the Atlantic coast, includes all marine mammals in U.S. state and federal waters off the Atlantic coast,
Caribbean regions. The Pacific region includes all marine mammals in U.S. state and federal waters off the U.S. Caribbean regions. The Pacific region includes all marine mammals in U.S. state and federal waters off the U.S.
West Coast and Pacific Island territories.West Coast and Pacific Island territories.
depleted (i.e., below its OSP or listed under the Endangered Species Act [16 U.S.C. §§1531-depleted (i.e., below its OSP or listed under the Endangered Species Act [16 U.S.C. §§1531-
1544]). The MMPA, under Section 115, requires the Secretary to prepare conservation plans for 1544]). The MMPA, under Section 115, requires the Secretary to prepare conservation plans for
any species or stock designated as depleted unless the Secretary determines that doing so would any species or stock designated as depleted unless the Secretary determines that doing so would
not promote that speciesnot promote that species
recommendations for conservation plans.recommendations for conservation plans.
the species or stock to its OSP.the species or stock to its OSP.
taking of marine mammals in the course of commercial fishing operations from a strategic stock taking of marine mammals in the course of commercial fishing operations from a strategic stock
or for species or stocks that are affected by a commercial fishery.or for species or stocks that are affected by a commercial fishery.
also is to incorporate that take reduction plan for that species or stock.also is to incorporate that take reduction plan for that species or stock.
prevent the depletion of each strategic stock that is affected by a commercial fishery that is prevent the depletion of each strategic stock that is affected by a commercial fishery that is
included in the Secretaryincluded in the Secretary
96 Administration, Regulations, and Program Reviews
The MMPA grants authority for the Secretary to engage with other federal agencies through The MMPA grants authority for the Secretary to engage with other federal agencies through
multiple means to carry out the requirements of the MMPA. The Secretary collaborates with other multiple means to carry out the requirements of the MMPA. The Secretary collaborates with other
federal agencies to implement provisions of the MMPA; conduct marine mammal program federal agencies to implement provisions of the MMPA; conduct marine mammal program
reviews; and issue measures, including those focused on lowering effects on strategic stocks.reviews; and issue measures, including those focused on lowering effects on strategic stocks.
97 For example, NMFS regulations state that the Secretary of Commerce may For example, NMFS regulations state that the Secretary of Commerce may
agreement, the personnel, services, and facilities of any other Federal Agency for the purposes of agreement, the personnel, services, and facilities of any other Federal Agency for the purposes of
enforcing this MMPA.enforcing this MMPA.
U.S. participatory program that involves the taking of marine mammals.U.S. participatory program that involves the taking of marine mammals.
MMPA, a program may include activities and responsibilities administered by federal agencies MMPA, a program may include activities and responsibilities administered by federal agencies
with respect to marine mammal protection and conservation. The Secretary may suspend the with respect to marine mammal protection and conservation. The Secretary may suspend the
operation of a program that cannot be administered in the United States or in accordance with the operation of a program that cannot be administered in the United States or in accordance with the
MMPA and is to inform the public and Congress about the reasons for any suspension.MMPA and is to inform the public and Congress about the reasons for any suspension.
Secretary also is to include any legislative recommendations for resolving the issues leading to Secretary also is to include any legislative recommendations for resolving the issues leading to
suspension of the program.suspension of the program.
mammal habitats may be causing the decline or impeding the recovery of a strategic stock, the mammal habitats may be causing the decline or impeding the recovery of a strategic stock, the
Secretary Secretary
impacts.impacts.
"102 Commercial Fishing and the MMPA
The MMPA contains requirements that address the conservation of marine mammals for The MMPA contains requirements that address the conservation of marine mammals for
commercial fishing operations. These requirements include limiting incidental takes during commercial fishing operations. These requirements include limiting incidental takes during
fishing;fishing;
minimize incidental takes;minimize incidental takes;
course of commercial fishing operations.course of commercial fishing operations.
marine mammals during commercial fishing operations of U.S. permitted vessels, including the marine mammals during commercial fishing operations of U.S. permitted vessels, including the
goal of reducing incidental marine mammal mortality to insignificant levels (i.e., approaching a goal of reducing incidental marine mammal mortality to insignificant levels (i.e., approaching a
zero mortality and serious injury rate).zero mortality and serious injury rate).
or incidental serious injury of marine mammals permitted during commercial fishing operations is or incidental serious injury of marine mammals permitted during commercial fishing operations is
to be reduced to those levels.to be reduced to those levels.
for which different degrees of marine mammal incidental takes are associated.for which different degrees of marine mammal incidental takes are associated.
Category I fisheries, which are associated with frequent incidental takes; Category II fisheries, in Category I fisheries, which are associated with frequent incidental takes; Category II fisheries, in
which occasional incidental taking occurs; and Category III fisheries, which have a remote which occasional incidental taking occurs; and Category III fisheries, which have a remote
likelihood of or no known incidental taking of marine mammals.likelihood of or no known incidental taking of marine mammals.
commercial fisheriescommercial fisheries
fisheries,fisheries,
Northeast/Mid-Atlantic American lobsterNortheast/Mid-Atlantic American lobster and Jonah Crab trap/pot fisheries, which affect trap/pot fisheries, which affect
Alaska Bering Sea and Aleutian Islands pollock trawl fishery, which affects several species of Alaska Bering Sea and Aleutian Islands pollock trawl fishery, which affects several species of
seals, Steller sea lion, humpback whales, and Pacific white-sided dolphin.seals, Steller sea lion, humpback whales, and Pacific white-sided dolphin.
Atlantic herring purse seine fishery, which affects the harbor seal, is an example of a Category III Atlantic herring purse seine fishery, which affects the harbor seal, is an example of a Category III
fishery.fishery.
vessel engaged in a Category I or II listed fishery upon receipt of a completed registration vessel engaged in a Category I or II listed fishery upon receipt of a completed registration
form.form.
fees for those authorizations.fees for those authorizations.
the MMPA.the MMPA.
serious injury of marine mammals during the course of commercial fishing operations, including serious injury of marine mammals during the course of commercial fishing operations, including
through an on-board observer, as may be required by the Secretary of Commerce as a condition of through an on-board observer, as may be required by the Secretary of Commerce as a condition of
an authorization.an authorization.
of Commerce all incidental mortalities and injuries of marine mammals in the course of of Commerce all incidental mortalities and injuries of marine mammals in the course of
commercial fishing operations.commercial fishing operations.
120 Take Reduction Plans
mammal stocks. The Secretary of Commerce is to develop and implement a take reduction plan to mammal stocks. The Secretary of Commerce is to develop and implement a take reduction plan to
protect or restore a marine mammal population, as included in Section 118 of the MMPA.protect or restore a marine mammal population, as included in Section 118 of the MMPA.
reduction plans are designed to assist in the recovery of, or prevent the depletion of, each strategic reduction plans are designed to assist in the recovery of, or prevent the depletion of, each strategic
stock that interacts with a Category I or II commercial fishery.stock that interacts with a Category I or II commercial fishery.
created for any other marine mammal stocks that interact with a Category I commercial fishery.created for any other marine mammal stocks that interact with a Category I commercial fishery.
123 Take reduction plans are intended to reduce the incidental mortality or serious injury of a strategic Take reduction plans are intended to reduce the incidental mortality or serious injury of a strategic
stock during commercial fishing to levels less than its determined PBRL.stock during commercial fishing to levels less than its determined PBRL.
goal is to reduce those levels to less than the PBRL within six months of its implementation, with goal is to reduce those levels to less than the PBRL within six months of its implementation, with
a long-term goal of reducing them to insignificant levels reaching a zero mortality and serious a long-term goal of reducing them to insignificant levels reaching a zero mortality and serious
injury rate.injury rate.
their age and gender if possible;their age and gender if possible;
given fishery, a stock that extends over one or more regions or fisheries, or multiple stocks within given fishery, a stock that extends over one or more regions or fisheries, or multiple stocks within
a region or fishery.a region or fishery.
North Atlantic right whalesNorth Atlantic right whales (NARWs), humpback whales, and fin whales covered under the Atlantic Large , humpback whales, and fin whales covered under the Atlantic Large
gears and gillnets.gears and gillnets.
serious injury of marine mammals is having, or is likely to have, an immediate and significant serious injury of marine mammals is having, or is likely to have, an immediate and significant
adverse impact on a marine mammal stock, including those with take reduction plans.adverse impact on a marine mammal stock, including those with take reduction plans.
Secretary is to consult with the MMC, all appropriate FMCs, state fishery managers, and the Secretary is to consult with the MMC, all appropriate FMCs, state fishery managers, and the
appropriate Take Reduction Team, if one is established, regarding these regulations.appropriate Take Reduction Team, if one is established, regarding these regulations.
regulations may apply to a species with a take reduction plan in effect, a take reduction plan in regulations may apply to a species with a take reduction plan in effect, a take reduction plan in
development, or for a stock or species for which a take reduction plan does not exist and is not development, or for a stock or species for which a take reduction plan does not exist and is not
being developed.being developed.
emergency rule under the ALWTRP to prohibit the use of buoy lines between federal and state emergency rule under the ALWTRP to prohibit the use of buoy lines between federal and state
waters within the Massachusetts Restricted Area through April 2023.waters within the Massachusetts Restricted Area through April 2023.
reduce the threat of incidental mortality and serious injury to reduce the threat of incidental mortality and serious injury to
lobster and Jonah crab trap/pot fisheries, for which there is a high risk of overlap and lobster and Jonah crab trap/pot fisheries, for which there is a high risk of overlap and
entanglement.entanglement.
134 Commercial Fisheries Gear Development and Marine Mammal Research
gear through multiple means. The Secretary of Commerce is authorized to undertake a research gear through multiple means. The Secretary of Commerce is authorized to undertake a research
and development (R&D) program to devise fishing methods and develop gear to reduce the and development (R&D) program to devise fishing methods and develop gear to reduce the
incidental take of marine mammals by commercial fishing.incidental take of marine mammals by commercial fishing.
consultation with the MMC, also is to issue regulations to reduce that incidental taking to the consultation with the MMC, also is to issue regulations to reduce that incidental taking to the
lowest practicable level; these regulations are to account for any research results from the R&D lowest practicable level; these regulations are to account for any research results from the R&D
program.program.
crab traps/pots with respect to markings, colors, buoy lines, breaking strengths of ropes and other crab traps/pots with respect to markings, colors, buoy lines, breaking strengths of ropes and other
gear links, and other measures to minimize effects on whales.gear links, and other measures to minimize effects on whales.
gear.gear.
or to provide financial assistance for research into new methods of locating and catching or to provide financial assistance for research into new methods of locating and catching
yellowfin tuna without incidental taking of marine mammals.yellowfin tuna without incidental taking of marine mammals.
funds following review by the MMC.funds following review by the MMC.
Fishery Conservation and Management Act (MSA; 16 U.S.C. §Fishery Conservation and Management Act (MSA; 16 U.S.C. §
commercial fisheries and nontarget catch, including marine mammals. Sections 101 and 118 of the MMPA commercial fisheries and nontarget catch, including marine mammals. Sections 101 and 118 of the MMPA
authorize the Secretary of Commerce to manage incidental takes of marine mammals in commercial fisheries, authorize the Secretary of Commerce to manage incidental takes of marine mammals in commercial fisheries,
including reducing those takes to the lowest practicable level and with a zero-mortality rate goal.including reducing those takes to the lowest practicable level and with a zero-mortality rate goal.
The MSA includes provisions about nontarget catch, bycatch reduction agreements and incentives (16 U.S.C. The MSA includes provisions about nontarget catch, bycatch reduction agreements and incentives (16 U.S.C.
§§1822(h), 1862(f)-(g)), and a Bycatch Reduction Engineering Program (16 U.S.C. §1865) administered by the §§1822(h), 1862(f)-(g)), and a Bycatch Reduction Engineering Program (16 U.S.C. §1865) administered by the
National Oceanic and Atmospheric Administration (NOAA), as well as provisions for the monitoring of National Oceanic and Atmospheric Administration (NOAA), as well as provisions for the monitoring of
commercial fisheries bycatch (16 U.S.C. §§1821(h)(2)(B), 1822(e)(1)(A), 1881a(b)(2)). Provisions with respect to commercial fisheries bycatch (16 U.S.C. §§1821(h)(2)(B), 1822(e)(1)(A), 1881a(b)(2)). Provisions with respect to
international bycatch reduction agreements and regarding nontarget catch, as codified through the High Seas international bycatch reduction agreements and regarding nontarget catch, as codified through the High Seas
Driftnet Moratorium Protection Act (P.L. 104-43), also include living marine resources (e.g., marine mammals; 16 Driftnet Moratorium Protection Act (P.L. 104-43), also include living marine resources (e.g., marine mammals; 16
U.S.C. §1826k). Marine mammal entanglements with fishing gear are included in NOAA national bycatch reports. U.S.C. §1826k). Marine mammal entanglements with fishing gear are included in NOAA national bycatch reports.
Each fishery management plan (FMP) produced by regional fishery management councils also is required to include Each fishery management plan (FMP) produced by regional fishery management councils also is required to include
a standardized reporting methodology to assess the amount and type of bycatch occurring in that fishery, with a standardized reporting methodology to assess the amount and type of bycatch occurring in that fishery, with
conservation and management measures for its minimization (16 U.S.C. §1853(a)(11)). FMPs also may include conservation and management measures for its minimization (16 U.S.C. §1853(a)(11)). FMPs also may include
conservation and management measures that provide harvest incentives to fishers that employ fishing practices conservation and management measures that provide harvest incentives to fishers that employ fishing practices
that result in lower levels of bycatch or mortality of bycaught species (16 U.S.C. §1853(b)(10)). Furthermore, the that result in lower levels of bycatch or mortality of bycaught species (16 U.S.C. §1853(b)(10)). Furthermore, the
MSA specifies areas of federal fisheries research that include the development and testing of new gear technology MSA specifies areas of federal fisheries research that include the development and testing of new gear technology
and fishing techniques to minimize bycatch, including incidental harvest research and a bycatch reduction program and fishing techniques to minimize bycatch, including incidental harvest research and a bycatch reduction program
(16 U.S.C. 1881d(d)).(16 U.S.C. 1881d(d)).
Sources: 16 U.S.C. §§1371(a)(2), 1387; 1821(h)(2)(B), 1822(e)(1)(A), 1822(h), 1826k, 1853(a)(11), 1853(b)(10), 16 U.S.C. §§1371(a)(2), 1387; 1821(h)(2)(B), 1822(e)(1)(A), 1822(h), 1826k, 1853(a)(11), 1853(b)(10),
1862(f)-(g), 1865, 1881a(b)(2), 1881d(d); NOAA, 1862(f)-(g), 1865, 1881a(b)(2), 1881d(d); NOAA, NOAA Fisheries Glossary, NOAA Technical Memorandum NMFS-, NOAA Technical Memorandum NMFS-
F/SPO-69, June 2006, p. 5, https://repository.library.noaa.gov/view/noaa/F/SPO-69, June 2006, p. 5, https://repository.library.noaa.gov/view/noaa/
Report,Report,
. Notes: The MSA, under 16 U.S.C. §1802(2), defines The MSA, under 16 U.S.C. §1802(2), defines bycatch as as
are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not
include fish released alive under a recreational catch and release fishery management program.include fish released alive under a recreational catch and release fishery management program.
of of bycatch reduction (excluder) device extends the bycatch definition in the context of its reduction to include extends the bycatch definition in the context of its reduction to include
species (e.g., sea turtles, marine mammals).species (e.g., sea turtles, marine mammals).
" Federal-State Engagements, International Agreements, and
Regional Provisions
The MMPA directs the Secretary to cooperate with states and to participate in proceedings under The MMPA directs the Secretary to cooperate with states and to participate in proceedings under
international marine mammal protection and conservation agreements.international marine mammal protection and conservation agreements.
141 Federal Cooperation with States
mandates that no state may enforce, or attempt to enforce, any state law or regulation related to mandates that no state may enforce, or attempt to enforce, any state law or regulation related to
the taking of marine mammals within the state unless the Secretary has transferred authority for the taking of marine mammals within the state unless the Secretary has transferred authority for
the conservation and management of that species to that state.the conservation and management of that species to that state.
Secretary to transfer the authority for the conservation and management of marine mammals to a Secretary to transfer the authority for the conservation and management of marine mammals to a
state where the species inhabits.state where the species inhabits.
regulation related to the taking of marine mammals, which is to be consistent with federal law.regulation related to the taking of marine mammals, which is to be consistent with federal law.
species of dolphins, also remain protected under Hawaii state laws.species of dolphins, also remain protected under Hawaii state laws.
Department of Land and Natural Resources (HDLNR) regulated Hawaiian monk seals and other Department of Land and Natural Resources (HDLNR) regulated Hawaiian monk seals and other
marine mammals prior to the enactment of the MMPA and the ESA, after which the management marine mammals prior to the enactment of the MMPA and the ESA, after which the management
of Hawaiian marine mammals became a federal responsibility.of Hawaiian marine mammals became a federal responsibility.
management responsibilities, including for those species included under federal acts, as included management responsibilities, including for those species included under federal acts, as included
under Hawaii state laws.under Hawaii state laws.
148 International Agreements
other countries to develop bilateral or multilateral international agreements for the protection and other countries to develop bilateral or multilateral international agreements for the protection and
conservation of marine mammals.conservation of marine mammals.
foreign governments that are engaged in commercial fishing operations detrimental to any species foreign governments that are engaged in commercial fishing operations detrimental to any species
or stock of marine mammal and work to enter into treaties with those countries to protect marine or stock of marine mammal and work to enter into treaties with those countries to protect marine
mammals, among other duties.mammals, among other duties.
in contravention of, the provisions of any existing international treaty, convention, agreement, or in contravention of, the provisions of any existing international treaty, convention, agreement, or
statute that applies to the taking of marine mammals.statute that applies to the taking of marine mammals.
In accordance with Section 101(a)(2) of the MMPA, the United States is to prohibit imports of seafood (or seafood products) captured with commercial fishing technologies that result in the incidental mortality or serious injury of marine mammals in excess of U.S. standards.152 In September 2025, NMFS published marine mammal comparability findings (i.e., certifications of comparable marine mammal standards to those of the United States) for over 100 nations that export seafood to the United States (effective date January 1, 2026), including denials and import restrictions for multiple fisheries.153 There has been litigation related to these comparability findings for certain swimming crab fisheries.154
Regional Provisions The MMPA includes regional provisions, where Congress has directed the Secretary of The MMPA includes regional provisions, where Congress has directed the Secretary ofCommerce to examine marine mammals in the context of regional ecosystems.Commerce to examine marine mammals in the context of regional ecosystems.
includes provisions regarding marine mammal cooperative agreements in Alaska and for two includes provisions regarding marine mammal cooperative agreements in Alaska and for two
regional task forces that investigate areas with pinniped-fishery interactions.regional task forces that investigate areas with pinniped-fishery interactions.
regarding these regional studies and efforts is briefly summarized below:regarding these regional studies and efforts is briefly summarized below:
Gulf of Maine ecosystem,Gulf of Maine ecosystem,
Response Congress authorized the Marine Mammal Health and Stranding Response Program (MMHSRP) Congress authorized the Marine Mammal Health and Stranding Response Program (MMHSRP)
in the 1992 amendments to the MMPA to account for marine mammal stranding events.in the 1992 amendments to the MMPA to account for marine mammal stranding events.
MMPA, under Title IV, mandates the Secretary of Commerce to establish the MMHSRP in MMPA, under Title IV, mandates the Secretary of Commerce to establish the MMHSRP in
consultation with the Secretary of the Interior, the MMC, individuals with knowledge and consultation with the Secretary of the Interior, the MMC, individuals with knowledge and
experience in (1) marine science, (2) marine mammal science, (3) marine mammal veterinary and experience in (1) marine science, (2) marine mammal science, (3) marine mammal veterinary and
husbandry practices, and (4) marine conservation, including husbandry practices, and (4) marine conservation, including stranding network participants..
state, and federal government agencies to coordinate and conduct emergency responses to state, and federal government agencies to coordinate and conduct emergency responses to
stranded or entangled marine mammals, including for UMEs (see stranded or entangled marine mammals, including for UMEs (see "
").164 The program provides standing network members with a stranding agreement from the NMFS The program provides standing network members with a stranding agreement from the NMFS
regional offices to ensure all activities are performed in consideration of the safety of both regional offices to ensure all activities are performed in consideration of the safety of both
responders and marine mammals.responders and marine mammals.
capabilities, and they independently raise funds to cover the majority of their costs.capabilities, and they independently raise funds to cover the majority of their costs.
Secretary of Commerce, in consultation with the Secretary of the Interior, also is to collect and Secretary of Commerce, in consultation with the Secretary of the Interior, also is to collect and
periodically update existing information on procedures, practices, and criteria for rescuing and periodically update existing information on procedures, practices, and criteria for rescuing and
rehabilitating stranded or entangled marine mammals.rehabilitating stranded or entangled marine mammals.
to researchers, stranding network participants, and the public.to researchers, stranding network participants, and the public.
examination, and archiving of marine mammal tissuesexamination, and archiving of marine mammal tissues
Bank and to issue guidance for the tissue bankBank and to issue guidance for the tissue bank
UMEs, the tissue bank is to include tissue samples from other sources in the wild, including UMEs, the tissue bank is to include tissue samples from other sources in the wild, including
samples from marine mammals taken incidental to commercial fishing operations, for subsistence samples from marine mammals taken incidental to commercial fishing operations, for subsistence
purposes, biopsy samples, and any other samples collected in accordance with tissue bank purposes, biopsy samples, and any other samples collected in accordance with tissue bank
standards.standards.
information.information.
and Response Grant Program and the John R. Geraci Marine Mammal Rescue and Rapid and Response Grant Program and the John R. Geraci Marine Mammal Rescue and Rapid
Response Fund for emergency assistance in cases outside of a UME.Response Fund for emergency assistance in cases outside of a UME.
emergency financial assistance for stranding events or entanglements that occur to marine emergency financial assistance for stranding events or entanglements that occur to marine
mammals under the Secretarymammals under the Secretary
174 Unusual Mortality Events
The MMPA requires the Secretary of Commerce to consult with the Secretary of the Interior The MMPA requires the Secretary of Commerce to consult with the Secretary of the Interior
during all mandated activities regarding unusual mortality events (UMEs),during all mandated activities regarding unusual mortality events (UMEs),
establishment of a marine mammal UME working group consisting of experts who provide establishment of a marine mammal UME working group consisting of experts who provide
guidance forguidance for
might be occurring, is to contact as many members of the UME working group as possible for might be occurring, is to contact as many members of the UME working group as possible for
guidance within 24 hours post-notification.guidance within 24 hours post-notification.
to make a determination as to whether a UME is occurring, inform the stranding network of that to make a determination as to whether a UME is occurring, inform the stranding network of that
determination, and designate one or more onsite coordinators for the event (i.e., one or more determination, and designate one or more onsite coordinators for the event (i.e., one or more
appropriate regional directors of the National Marine Fisheries Service [NMFS] or the U.S. Fish appropriate regional directors of the National Marine Fisheries Service [NMFS] or the U.S. Fish
and Wildlife Service, or their designees) if the Secretary determines that a UME is occurring.and Wildlife Service, or their designees) if the Secretary determines that a UME is occurring.
178 The onsite coordinator is to make immediate recommendations to stranding network participants The onsite coordinator is to make immediate recommendations to stranding network participants
persons responding to a UME.persons responding to a UME.
consultation with the Secretary of the Interior and the UME working group.consultation with the Secretary of the Interior and the UME working group.
include information regarding contacts for responding to a UME; tissues and analyses needed for include information regarding contacts for responding to a UME; tissues and analyses needed for
diagnosing UME causes; necessary training, mobilization, and other procedures; and diagnosing UME causes; necessary training, mobilization, and other procedures; and
requirements needed to minimize death and provide appropriate care for marine mammals, requirements needed to minimize death and provide appropriate care for marine mammals,
among other contents.among other contents.
Treasury.Treasury.
response to a UME; for reimbursing any stranding network participants for costs incurred in the response to a UME; for reimbursing any stranding network participants for costs incurred in the
collection, preparation, analysis, and transportation of marine mammal tissues and samples collection, preparation, analysis, and transportation of marine mammal tissues and samples
collected during a UME for the National Marine Mammal Tissue Bank; and for the care and collected during a UME for the National Marine Mammal Tissue Bank; and for the care and
maintenance of a marine mammal.maintenance of a marine mammal.
of volunteers and of volunteers and may accept and accept and
184 Issues and Options for Congress
Congress and stakeholders have commented on the effectiveness of the MMPA since its Congress and stakeholders have commented on the effectiveness of the MMPA since its
enactment in 1972. Congress last passed comprehensive amendments in 1994 (P.L. 103-238) and enactment in 1972. Congress last passed comprehensive amendments in 1994 (P.L. 103-238) and
has only slightly amended certain provisions since then. Some stakeholders have raised concerns has only slightly amended certain provisions since then. Some stakeholders have raised concerns
regarding how current law may address recent and emerging threats to marine mammals, such as regarding how current law may address recent and emerging threats to marine mammals, such as
climate change.climate change.
align with holistic ecosystem-based management effortsalign with holistic ecosystem-based management efforts
sectors have raised concerns about trade-offs among marine mammal conservation efforts, sectors have raised concerns about trade-offs among marine mammal conservation efforts,
species recovery, and impacts on marine fisheries. If Congress seeks to address any of these species recovery, and impacts on marine fisheries. If Congress seeks to address any of these
potential issues, several options could be considered. These options include oversight of certain potential issues, several options could be considered. These options include oversight of certain
agency activities, including directing studies to inform consideration of changes in implementing agency activities, including directing studies to inform consideration of changes in implementing
the MMPA. These issues and potential options related to the authorization elements of the MMPA the MMPA. These issues and potential options related to the authorization elements of the MMPA
are discussed below. Climate Change and the Marine Mammal Protection Act Climate change can affect multiple aspects of aquatic and terrestrial ecosystems that support Climate change can affect multiple aspects of aquatic and terrestrial ecosystems that support
marine mammals. For example, studies have attributed polar bear habitat loss, increased disease marine mammals. For example, studies have attributed polar bear habitat loss, increased disease
proliferation in marine mammals, and greater incidence of harmful algal bloom toxins in north proliferation in marine mammals, and greater incidence of harmful algal bloom toxins in north
Pacific seals and walruses to climate change.Pacific seals and walruses to climate change.
predation on southern sea otters has resulted from northward distribution shifts of white sharks predation on southern sea otters has resulted from northward distribution shifts of white sharks
associated with warming ocean temperatures.associated with warming ocean temperatures.
and timing at feeding grounds may be related to ocean warming, shifts in prey resources, loss of and timing at feeding grounds may be related to ocean warming, shifts in prey resources, loss of
sea ice, and changes in sea ice, and changes in
polar bear marine foraging habitat, lowered energetic diet from greater reliance on terrestrial food polar bear marine foraging habitat, lowered energetic diet from greater reliance on terrestrial food
sources, and altered foraging and rearing habitats for narwhals and multiple species of pinnipeds, sources, and altered foraging and rearing habitats for narwhals and multiple species of pinnipeds,
including Pacific walrus.including Pacific walrus.
may address the effect of climate change on these species.may address the effect of climate change on these species.
for the MMPA to evolve beyond focusing on threats from human actions to addressing emerging for the MMPA to evolve beyond focusing on threats from human actions to addressing emerging
threats to marine mammal conservation and threats to marine mammal conservation and
change.change.
MMPA are important, given these ongoing threats.MMPA are important, given these ongoing threats.
currently requires agencies to develop programs to minimize threats to marine mammals but does currently requires agencies to develop programs to minimize threats to marine mammals but does
not explicitly include indirect threats such as climate change.not explicitly include indirect threats such as climate change.
programs currently collect and incorporate data regarding inferred impacts on marine mammals programs currently collect and incorporate data regarding inferred impacts on marine mammals
from human-induced climate change, which could suggest that amendments to statutory language from human-induced climate change, which could suggest that amendments to statutory language
may not be necessary.may not be necessary.
to consider amending the statute or providing direction to the Secretary to implement certain to consider amending the statute or providing direction to the Secretary to implement certain
activities. For example, H.R. activities. For example, H.R.
MMPA to include requirements for protecting marine mammals adversely affected by climate MMPA to include requirements for protecting marine mammals adversely affected by climate
change and would establish a program within NOAA to monitor those adverse impacts to marine change and would establish a program within NOAA to monitor those adverse impacts to marine
mammals.mammals.
abundance, impeded population recovery, or reduced carrying capacity. These regulations would abundance, impeded population recovery, or reduced carrying capacity. These regulations would
include climate impact management plans for listed species. Furthermore, the bill would direct include climate impact management plans for listed species. Furthermore, the bill would direct
NMFS and FWS to review agreements with foreign governments concerning the management of NMFS and FWS to review agreements with foreign governments concerning the management of
marine mammals that are or may be affected by climate change and would direct the Department marine mammals that are or may be affected by climate change and would direct the Department
of State to initiate amendments to those agreements or negotiate their development.of State to initiate amendments to those agreements or negotiate their development.
protect marine mammals from climate change and other threats. Title VII of the bill, protect marine mammals from climate change and other threats. Title VII of the bill,
MMPA to include a list of marine mammal species expected to be adversely affected by climate MMPA to include a list of marine mammal species expected to be adversely affected by climate
change and for federal climate impact plans. The bill would have required NOAA to monitor change and for federal climate impact plans. The bill would have required NOAA to monitor
climate impacts on marine mammals and the Secretary to consider adverse climate impacts when climate impacts on marine mammals and the Secretary to consider adverse climate impacts when
estimating PBRL. At a House Committee on Natural Resources hearing in June 2021, both FWS estimating PBRL. At a House Committee on Natural Resources hearing in June 2021, both FWS
and NOAA testified in support of this bill and expressed that it aligned with agency priorities at and NOAA testified in support of this bill and expressed that it aligned with agency priorities at
the time.the time.
existing plans and minimizing duplicative approaches for marine mammal conservation.existing plans and minimizing duplicative approaches for marine mammal conservation.
and other corresponding legislation. This approach would allow agencies to address marine and other corresponding legislation. This approach would allow agencies to address marine
mammal management within the constraints of existing authorities, which some argue may mammal management within the constraints of existing authorities, which some argue may
already allow for addressing certain climate change impacts.already allow for addressing certain climate change impacts.
expressed concerns about provisions in H.R. 3692, introduced in the expressed concerns about provisions in H.R. 3692, introduced in the
new federal agency consultation requirements for MMPA amendments for marine mammal new federal agency consultation requirements for MMPA amendments for marine mammal
climate impact management plans. Some Members and stakeholders have questioned whether climate impact management plans. Some Members and stakeholders have questioned whether
these additional requirements and consultation timeframes would lead to delays in activities these additional requirements and consultation timeframes would lead to delays in activities
adjacent to waterways.adjacent to waterways.
mammal population projections that may inform the list of marine mammals proposed in mammal population projections that may inform the list of marine mammals proposed in H.R. 3764. Questions about the accuracy of marine mammal population projections also may be relevant to the 119th Congress.204
Ecosystem-Based Management and the MMPA
The MMPA includes multiple references to the importance of marine mammals as functioning The MMPA includes multiple references to the importance of marine mammals as functioning
elements in the ecosystems of which they are part and stipulates that the management of these elements in the ecosystems of which they are part and stipulates that the management of these
species is to focus on maintaining the health and stability of the marine ecosystem.species is to focus on maintaining the health and stability of the marine ecosystem.
Stakeholders and federal agencies have noted that the MMPA was the first legislation to mandate an ecosystem-based approach to managing marine resources.207 NOAA has emphasized that the MMPA shifted the focus of conservation from species to ecosystems and included protection for population stocks, species, and subspecies.208 NOAA and partners also note that the MMPA shifted the burden of proof from resource managers to resource users to show that any proposed impacts on marine mammals would not adversely affect the resource or the ecosystem.209
MMPA provisions currently account for the effects of human activities on marine mammals and their incidental takes; however, some experts and stakeholders have raised concerns about the scope of current management approaches and their ability to effectively manage multiple marine mammal stressors.210 For example, some stakeholders have acknowledged the increasing complexities of marine mammal threats and have noted that the management of interacting environmental factors and ocean sectors warrants further consideration in the MMPA.211 Alternatively, other stakeholders have expressed concerns about the complexity, costs, and administrative challenges associated with ecosystem-based management approaches.212 Some stakeholders and Members of Congress also have voiced concerns about potential economic impacts to marine sectors from certain marine mammal protections;213 some experts suggest that ecosystem-based management may provide more cost-effective approaches when accounting for these and other trade-offs.214
If Congress considers a legislative approach to address multiple human ocean uses and marine mammals in concert, one option would be to amend the MMPA to focus on addressing the cumulative effects of multiple stressors from human activities on marine mammals. For example, H.R. 3764, introduced in the 117th Congress, would have amended the MMPA to include provisions for mitigating the effects of vessel traffic and included additional provisions related to monitoring and mitigating ocean noise effects on marine mammals. Congress has recurrently discussed amending the MMPA, such as in a July 2025 discussion draft proposing comprehensive MMPA amendments (e.g., regarding incidental takes of marine mammals by fishing and nonfishing sectors).215 In considering any proposed amendments to the MMPA, Congress may examine whether provisions might pertain to particular ocean sectors and/or their cumulative interactions with marine mammals.
As an alternative approach, Congress may decide to retain the present statute and direct agencies through appropriations or oversight activities that focus on the effects of specific ocean uses or sectors on marine mammals. For example, Congress provided appropriations to NMFS for offshore wind energy expansions and protected species needs, including marine mammals, as specified in the explanatory statements for the Consolidated Appropriations Act, 2022 (P.L. 117-103), and Consolidated Appropriations Act, 2023 (P.L. 117-328).216 Congress directed NOAA in the FY2023 explanatory statement to address "consultation and permitting, stock assessment, management, and protected resources needs related to the expansion of offshore wind energy projects."217
Congress also could consider additional oversight such as that included in H.R. 1056 during the 118th Congress. As introduced, H.R. 1056 would direct the comptroller general to conduct a study to assess the sufficiency of the environmental review process for offshore wind projects, including in consideration of impacts to whales, finfish, and other marine mammals. Such studies could inform the options and consequences of amending the MMPA regarding its interactions with specific sector activities. Alternatively, Congress may direct agencies to assess cumulative stressors from human activities and environmental phenomena on marine mammals through approaches recommended by experts, which may inform ecosystem-based management.218 Congress also may opt to retain current approaches as defined in the MMPA and leave additional considerations regarding marine mammal interactions with ocean sectors to the discretion of agencies.
Congress also may consider whether to retain, expand upon, or constrain present programs established in other statutes, such as the Don Young Coast Guard Authorization Act of 2022 (CGAA of 2022; P.L. 117-263, Division K, Title CXIII), which primarily address impacts of vessel traffic on marine mammals.219 For example, in the Coast Guard Authorization Act of 2025 (P.L. 119-60, Division G, Title LXXIII, Subtitle E, Section 7344), Congress extended the Puget Sound cetacean desk pilot program, established in the CGAA of 2022, through December 31, 2029.220 NOAA and the National Fish and Wildlife Foundation (NFWF) also administer the Vessel Strike Avoidance Fund, which has supported projects through general funding authorities to NOAA in the FY2022 reconciliation law commonly known as the Inflation Reduction Act (P.L. 117-169, Section 40001).221 These programs were created outside of MMPA provisions, which may provide a legislative alternative to directly amending the MMPA with respect to marine mammal interactions with certain sectors.222 Congress may consider whether these programs might serve as examples for others that could address marine mammal interactions with individual or multiple marine sectors, including whether cumulative approaches may be applicable. Congress also may consider whether to authorize these or similar programs as provisions in the MMPA. Congress also may determine if sufficient protections are currently in place for marine mammals and may take no additional action.
Trade-Offs Between Marine Mammal Conservation and U.S. FisheriesTrade-offs between MMPA-implemented conservation and protection efforts and their impacts on U.S. commercial fishing operations have been a regular issue of concern for some Members of Congress and stakeholders. For example, the use of emergency actions, gear regulations, and fishing closures to limit commercial fishing impacts on large whales has generated attention in recent years, including economic considerations for fishers.223 Some stakeholders perceive these actions as overreaching and too restrictive for fishers, whereas others emphasize the necessity of these actions or argue for increased protection.224 Some experts also suggest that underfishing (i.e., fishing below optimal levels) may result from certain fishing regulations associated with marine mammal conservation requirements in the MMPA.225 Additionally, prohibitions and protections mandated by the MMPA have led to rebounds in some marine mammal populations (e.g., seals, sea lions) and have caused some stakeholders to raise concerns about heightened marine mammal predation on fisheries species.226 Furthermore, some stakeholders have noted that the MMPA does not include provisions to handle recovered populations—unlike the ESA, which allows for delisting of species once they have recovered—and have called for agencies to implement more flexible regulations for thriving populations of marine mammals.227 Although increases in the number of incidental takes may be allowed with growing marine mammal populations, some experts state that negative and potentially unsafe interactions with marine mammals are also likely to increase.228 Further, with respect to authorized lethal removals of pinnipeds preying on salmon and steelhead trout populations, some stakeholders have highlighted ongoing capacity and funding needs for their effective implementation in portions of the Columbia River basin.229 Other stakeholders have objected to the use of lethal removals to address pinniped predation given additional stressors affecting salmonids (e.g., habitat fragmentation) and factors such as climate change, hydropower, and availability of other prey types (e.g., herring preyed upon by seals and/or sea lions) potentially influencing pinniped predation on salmonids.230
If Congress chooses to address the trade-offs of marine mammal conservation with fisheries, including potential economic effects to fishers from fishing restrictions, one option would be to consider amending the MMPA. The MMPA includes provisions specifying that take reduction plans are to account for the economics of a given fishery and the availability of existing technology.231 Additionally, interim provisions in the MMPA regarding exemptions for commercial fisheries mandated that the Secretary account for these factors when prescribing emergency regulations.232 Congress could specify these considerations further. For example, to assist fishers in modifying their gears to minimize entanglement risk to North Atlantic right whales (NARWs), H.R. 7042 and S. 3765, introduced in the 117th Congress, would have established grants for states to assist lobster and Jonah crab harvesters with the costs of gear modification in accordance with the ALWTRP. The Consolidated Appropriations Act, 2023, included a grant authority for the Secretary of Commerce to establish a program to provide annual competitive financial assistance and multiyear grants and direct payments to vessel operators and participants in the fishing industry.233 Eligible uses of these funds include "subsidizing acquisition of innovative gear technologies to improve adoption of those technologies by fisheries participants."234 NFWF and NOAA have administered a program pursuant to these provisions since 2023.235 Congress also may consider amending the MMPA in support of continued fishing restrictions or limiting specific fishing practices to particular situations. Congress may additionally opt to retain current approaches and leave discretion to agencies regarding these considerations. Further, Congress could consider the use of other provisions outside the MMPA for managing these intersections, such as those with respect to the management of the Northeast/Mid-Atlantic American lobster and Jonah Crab trap/pot fisheries and their interactions with NARWs through December 2028, as stipulated in the Consolidated Appropriations Act, 2023.236 Congress also may consider whether amendments to the MMPA with respect to these factors may be warranted. Such amendments to the MMPA might allow for longer-term authorization of certain programs and their inclusion as components of relevant sections pertaining to fisheries (e.g., Section 118 of the MMPA).237 As marine mammal provisions in other legislation (i.e., outside the MMPA) also may mandate NOAA and partners to address trade-offs between marine mammals and fisheries, Congress may consider the utility of such alternatives. Congress may also consider whether these alternative pathways might allow for more expedient passage of marine mammal-related legislation compared to amending the MMPA.
An additional option would be for Congress to consider directing agencies to examine interactions between marine mammals and commercial fisheries to account for the effects of marine mammal conservation actions on the fishing industry. Congress has used this approach recently for certain topics. For example, Congress has directed NOAA in explanatory statements accompanying appropriations acts to evaluate the feasibility, safety, and economic implications of management actions relating to NARWs.238 Members of Congress also directed NMFS to study interactions between the U.S. fishing fleet and false killer whales in the western Pacific and to assess fishing interference by dolphins on Gulf of America and South Atlantic fisheries.239 Furthermore, Congress could consider directing additional research into technological innovations for mitigating fisher-marine mammal interactions. For example, in P.L. 116-188, Congress established the Theodore Roosevelt Genius Prize for Reducing Human Predator Conflict, which is a competition to encourage technological innovations that reduce the frequency of human-predator conflict using nonlethal means that may include tagging technologies.240 Congress could consider similar provisions in the MMPA for the development of technologies toward minimizing human-marine mammal conflicts for commercial fisheries. Congress also could examine whether these types of information and protections for marine mammals are sufficient and determine that no further action may be warranted.
Congress may also consider the utility of amending the MMPA to authorize funding for programs addressing marine mammal conflicts with fisheries. For example, Congress may examine whether a program providing assistance to states and tribal parties in carrying out lethal removals of pinnipeds may be warranted (e.g., as an amendment to Section 120 of the MMPA), and whether current state and tribal resources are sufficient for carrying out authorized removals. Congress also may consider authorizing programs in support of nonlethal deterrents and technological approaches for addressing these and other types of interactions between marine mammals and fishery species, and the degree of their effectiveness. Another option for Congress would be to conduct additional oversight of NOAA and FWS research into these topics. For example, in the explanatory statement of the Consolidated Appropriations Act, 2021 (P.L. 116-260), Congress directed NOAA to brief the committees on the prospect of expanding research monitoring the mortality of spring Chinook salmon in the Columbia River to understand the impacts of marine mammal predation.241 Such studies, research, and oversight activities may inform Congress's decision on whether to consider amending the MMPA.
Footnotes
National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), "Marine Mammals," https://www.noaa.gov/education/resource-collections/marine-life/marine-mammals (hereinafter, NOAA, NMFS, "Marine Mammals").
Ana D. Davidson et al., "Drivers and Hotspots of Extinction Risk in Marine Mammals," Proceedings of the National Academy of Sciences, vol. 109, no. 9 (2012), pp. 3395-3400. Hereinafter Davidson et al., "Drivers and Hotspots of Extinction Risk in Marine Mammals."
Davidson et al., "Drivers and Hotspots of Extinction Risk in Marine Mammals"; NOAA, NMFS, "Marine Mammals."
Matthew D. Lettrich et al., "Vulnerability to Climate Change of United States Marine Mammal Stocks in the Western North Atlantic, Gulf of Mexico, and Caribbean," PLoS One, vol. 18, no. 9 (2023), e0290643, pp. 1-37 (hereinafter, Lettrich et al., "Vulnerability to Climate Change").
Lettrich et al., "Vulnerability to Climate Change"; Frances M.D. Gulland et al., "A Review of Climate Change Effects on Marine Mammals in United States Waters: Past Predictions, Observed Impacts, Current Research and Conservation Imperatives," Climate Change Ecology, vol. 3 (2022), 100054, pp. 1-17 (hereinafter, Gulland et al., "Climate Change Effects on Marine Mammals).
A. M. Magera et al., "Recovery Trends in Marine Mammal Populations," PLoS One, vol. 8, no. 10 (2013), e77908, pp. 1-12; and Sean A. Hayes et al., U.S. Atlantic and Gulf of America Marine Mammal Stock Assessments 2024, NOAA, NMFS, July 2025, pp. 1-222, https://www.fisheries.noaa.gov/s3/2026-04/atlantic_2024_mmsars.pdf..
NOAA, NMFS, "Marine Mammals"; Lettrich et al., "Vulnerability to Climate Change"; NOAA, NMFS, "Final 2024 Marine Mammal Stock Assessment Reports," 91 Federal Register 21421-21425, April 22, 2026.
McDowell Group, Economic Analysis of Whale Watching Tourism in Alaska, prepared for NOAA, October 2020, pp. 1-38, https://media.fisheries.noaa.gov/2020-11/Economic-Analysis-Whale-Watching-Tourism-Alaska.pdf?VersionId=null; Simon O'Connor et al., Whale Watching Worldwide: Tourism Numbers, Expenditures and Expanding Economic Benefits, International Fund for Animal Welfare, a special report from the International Fund for Animal Welfare, prepared by Economists at Large, Yarmouth, MA, 2009, pp. 1-295, https://www.mmc.gov/wp-content/uploads/whale_watching_worldwide.pdf.
Joe Roman and James J. McCarthy, "The Whale Pump: Marine Mammals Enhance Primary Productivity in a Coastal Basin," PLoS One, vol. 5, no. 10 (2010), e13255, pp. 1-8. Heidi C. Peterson et al., "Whales in the Carbon Cycle: Can Recovery Remove Carbon Dioxide?," Trends in Ecology and Evolution, vol. 38, no. 3 (2023), pp. 238-249.
See, as examples, CRS In Focus IF12776, The North Atlantic Right Whale: Conservation Trade-Offs with Selected Marine Sectors and Considerations for Congress, by Anthony R. Marshak and Pervaze A. Sheikh; and CRS In Focus IF12835, The Rice's Whale: Conservation Efforts, Implications for Ocean Sectors, and Considerations for Congress, by Anthony R. Marshak and Laura B. Comay.
The Marine Mammal Protection Act (MMPA; P.L. 92-522; 16 U.S.C. §§1361-1423h), under 16 U.S.C. §1362(1), defines depletion or depleted as
any case in which—(A) the Secretary [of Commerce or of the Interior], after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under [16 U.S.C. §§1401-1407], determines that a species or population stock is below its optimum sustainable population; (B) a State, to which authority for the conservation and management of a species or population stock is transferred under [16 U.S.C. §1379], determines that such species or stock is below its optimum sustainable population; or (C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 [16 U.S.C. §1531 et seq.].
16 U.S.C. §§1361(2).
For additional information about the Marine Mammal Commission, see CRS In Focus IF13015, The Marine Mammal Commission, by Anthony R. Marshak.
See footnote 161 for a definition of stranding.
United Nations, Agreement on the Conservation of Polar Bears (with Final Act and Resolution), vol. 2898, no. 50540, November 15, 1973, pp. 245-257, https://treaties.un.org/doc/Publication/UNTS/Volume%202898/Part/volume-2898-I-50540.pdf.
16 U.S.C. §1361(2); NOAA, NMFS, "Marine Mammal Protection Act Policies, Guidance, and Regulations," https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-policies-guidance-and-regulations; Erica Fleishman et al., "Monitoring Population-Level Responses of Marine Mammals to Human Activities," Marine Mammal Science, vol. 32, no. 3 (2016), pp. 1004-1021.
16 U.S.C. §1362(6).
16 U.S.C. §1361(1)-(2); The MMPA, under 16 U.S.C. §1362(9), defines optimum sustainable population (OSP) as "with respect to any population stock, the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element."
16 U.S.C. §1361(2).
1. The maximum population of a species that an area or specific ecosystem can support indefinitely without deterioration of the character and quality of the resource; 2. The level of use, at a given level of management, at which a natural or man-made resource can sustain itself over a long period of time. For example, the maximum level of recreational use, in terms of numbers of people and types of activity that can be accommodated before the ecological value of the area declines.
NOAA, NOAA Fisheries Glossary, NOAA Technical Memorandum NMFS-F/SPO-69, 2006, p. 5, https://repository.library.noaa.gov/view/noaa/12856.
The MMPA extends essential habitats to marine mammal rookeries and mating grounds. 16 U.S.C. §1361(2).
Joe Roman et al., "The Marine Mammal Protection Act at 40: Status, Recovery, and Future of U.S. Marine Mammals," Annals of the New York Academy of Sciences, vol. 1286, no. 2013 (2013), pp. 29-49 (hereinafter, Roman et al., "Marine Mammal Protection Act at 40"). See also NOAA, NMFS, "2019-2023 Eastern North Pacific Gray Whale [Unusual Mortality Event] (Closed)," https://www.fisheries.noaa.gov/national/marine-life-distress/2019-2023-eastern-north-pacific-gray-whale-ume-closed (hereinafter NOAA, NMFS, "2019-2023 Eastern North Pacific Gray Whale UME (Closed)"). For more information about Unusual Mortality Events, see "Unusual Mortality Events."
16 U.S.C. §§1361(3)-(4).
Cetaceans (i.e., Order Cetacea) include dolphins, porpoises, and whales. Pinnipeds (i.e., Order Pinnipedia) include seals, sea lions, and walruses. 16 U.S.C. §1362(12). In accordance with provisions for the Secretary of Commerce; NOAA, NMFS, "Marine Mammal Protection: Conservation [and] Management," https://www.fisheries.noaa.gov/topic/marine-mammal-protection/conservation-&-management (hereinafter, NOAA, NMFS, "Marine Mammal Protection: Conservation & Management").
Sirenians (i.e., Order Sirenia) include manatees and dugongs. 16 U.S.C. §1362(12). In accordance with provisions for the Secretary of the Interior; U.S. Fish and Wildlife Service (FWS), "Marine Mammals," https://www.fws.gov/program/marine-mammals; NOAA, NMFS, "Marine Mammal Protection: Conservation & Management."
16 U.S.C. §§1401-1407.
NMFS regulations are found at 50 C.F.R. §§216.1-219.40, 228.1-229.37. USFWS regulations are found at 50 C.F.R. §§14.18, 18.1-18.152.
50 C.F.R. §§501.1-560.8.
Title I of the MMPA, 16 U.S.C. §§1371-1393, is also codified as Subchapter II of 16 U.S.C. §§1362-1423h (i.e., Chapter 31—Marine Mammal Protection).
Under §§110 and 119-120 of the MMPA. 16 U.S.C. §§1380(c)-(d), 1388-1389.
Under §§101 and 104 of the MMPA. 16 U.S.C. §§1371(a)-(f), 1374.
16 U.S.C. §1372(a)(1)-(5).
16 U.S.C. §1371(a)(4).
16 U.S.C. §1371(a)(5).
In this report, the Secretary refers to the Secretary of Commerce and/or the Secretary of the Interior as appropriate to jurisdiction, unless otherwise specified.
Under §103, 16 U.S.C. §1373(a).
16 U.S.C. §1373(e).
16 U.S.C. §1373(b).
16 U.S.C. §§1371-1374; NOAA, NMFS, "Incidental Take Authorizations Under the Marine Mammal Protection Act," https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act (hereinafter, NOAA, NMFS, "Incidental Take Authorizations Under the Marine Mammal Protection Act"); FWS, "Incidental Take Authorizations for Marine Mammals," https://www.fws.gov/service/incidental-take-authorizations-marine-mammals (hereinafter, FWS, "Incidental Take Authorizations for Marine Mammals").
50 C.F.R. §216.103.
As administered by the Secretary of Commerce. 16 U.S.C. §§1371(a)(2), 1373-1374, 1387, 1416.
These authorizations are administered by either the Secretary of Commerce or the Secretary of the Interior, depending on jurisdiction. 16 U.S.C. §1371(a)(5). The MMPA does not define negligible impact. 50 C.F.R. §18.27(c) defines negligible impact as "an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival."
NOAA, NMFS, "Understanding Permits and Authorizations for Protected Species—What's the Difference Between Directed and Incidental Take?," https://www.fisheries.noaa.gov/insight/understanding-permits-and-authorizations-protected-species#what%E2%80%99s-the-difference-between-directed-and-incidental-take?-.
16 U.S.C. §1371(a)(5); 50 C.F.R. §216; the incidental taking of California sea otters, including with respect to their translocation, is not included under these provisions, as established in P.L. 99-625 and 16 U.S.C. §§1371(a)(5)(E)(vi). P.L. 99-625 is otherwise known as "An Act to improve the operation of certain fish and wildlife programs."
16 U.S.C. §1362(18).
16 U.S.C. §1362(18)(A)(i), (B)(i), (C). For additional information on temporary and permanent threshold shifts, see NOAA, NMFS, 2024 Update to: Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 3.0): Underwater and In-Air Criteria for Onset of Auditory Indury and Temporary Threshold Shifts, NOAA Technical Memorandum NMFS-OPR-71, October 2024, pp. 7-8, https://repository.library.noaa.gov/view/noaa/66184.
16 U.S.C. §1362(18)(A)(ii), (B)(ii), (D).
NOAA issues a Letter of Authorization (LOA) for larger-scale activities for periods up to five years for nonmilitary readiness activities and seven years for military readiness activities. Under a different process, FWS issues an Incidental Take Regulation (ITR) as an initial step for authorizing larger-scale activities. Once FWS promulgates an ITR, U.S. citizens covered in the ITR may then request an LOA to carry out activities that fall under the ITR analysis. NOAA, NMFS, "Incidental Take Authorizations Under the Marine Mammal Protection Act"; FWS, "Incidental Take Authorizations for Marine Mammals."
NOAA, NMFS, "Incidental Take Authorizations Under the Marine Mammal Protection Act"; FWS, "Incidental Take Authorizations for Marine Mammals."
16 U.S.C. §1371(a)(5); NOAA, NMFS, "Apply for an Incidental Take Authorization," https://www.fisheries.noaa.gov/national/marine-mammal-protection/apply-incidental-take-authorization; FWS, "Incidental Take Authorizations for Marine Mammals."
NOAA, NMFS, "Apply for an Incidental Take Authorization," https://www.fisheries.noaa.gov/national/marine-mammal-protection/apply-incidental-take-authorization; FWS, "Incidental Take Authorizations for Marine Mammals."
16 U.S.C. §§1371(a)(1), 1374(c)(1)-(2).
16 U.S.C. §§1371(a)(1), 1374(c)(1), (6).
16 U.S.C. §§1371(a)(1), 1374(c)(1), 1374(c)(5), 1374(e).
16 U.S.C. §§1371(a)(1), 1374(c).
16 U.S.C. §1371(d).
16 U.S.C. §1371(e).
16 U.S.C. §§1371(c), (f).
16 U.S.C. §1371(d).
16 U.S.C. §1371(b).
16 U.S.C. §1375.
16 U.S.C. §1376.
16 U.S.C. §1377.
NOAA, NMFS, "Marine Mammal Stock Assessments," https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. Hereinafter NOAA, NMFS, "Marine Mammal Stock Assessments."
NOAA, NMFS, "Marine Mammal Stock Assessments."
16 U.S.C. §1383b(a).
16 U.S.C. §1383b(a)(2)-(3).
16 U.S.C. §1383b(a)(2).
S. Bettridge, "Guidelines for Preparing Stock Assessment Reports Pursuant to the Marine Mammal Protection Act," NOAA, NMFS, Protected Resources Policy Directive Marine Mammal Protection Act 02-204, February 7, 2023, p. 16, https://www.fisheries.noaa.gov/s3/2023-05/02-204-01-Final-GAMMS-IV-Revisions-clean-1-kdr.pdf.
16 U.S.C. §1362(1)(C).
As included in Section 117 of the MMPA. 16 U.S.C. §1386.
16 U.S.C. §1386(a)(4) states that descriptions of commercial fisheries that interact with the stock are to include
(A) the approximate number of vessels actively participating in each such fishery; (B) the estimated level of incidental mortality and serious injury of the stock by each such fishery on an annual basis; (C) seasonal or area differences in such incidental mortality or serious injury; and (D) the rate, based on the appropriate standard unit of fishing effort, of such incidental mortality and serious injury, and an analysis stating whether such level is insignificant and is approaching a zero mortality and serious injury rate.
16 U.S.C. §1386(a).
16 U.S.C. §1386(a)(5).
16 U.S.C. §1386(d). Regional Scientific Review Groups (SRGs) include individuals with expertise in marine mammal biology, ecology, population dynamics and modeling, and commercial fishing, among other factors. The SRGs advise the Secretary on marine mammal population status and trends, uncertainties and research needs, habitat and environmental impacts to marine mammals, and appropriate marine mammal conservation and management measures for alleviating impacts.
16 U.S.C. §1362(19).
16 U.S.C. §1362(20).
16 U.S.C. §1386(c).
16 U.S.C. §§1386(b), 1386(c)(2), 1386(d); see footnote 78.
16 U.S.C. §1386(b).
16 U.S.C. §§1386(a)-(d).
16 U.S.C. §1386(d).
16 U.S.C. §1386(a); NOAA, NMFS, "Marine Mammal Stock Assessment Reports by Region," https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region; FWS, "Marine Mammal Stock Assessment Reports," https://www.fws.gov/project/marine-mammal-stock-assessment-reports.
Roman et al., "Marine Mammal Protection Act at 40."
Gulland et al., "Climate Change Effects on Marine Mammals."
Gulland et al., "Climate Change Effects on Marine Mammals."
16 U.S.C. §1383b(b). In addition to these requirements, the statute mandates that the Secretary also prepare conservation plans specifically for North Pacific fur seals and Stellar sea lions.
16 U.S.C. §1402(a)(4), (6).
16 U.S.C. §1383b(b)(2).
16 U.S.C. §1362(24). See report sections "Taking of Marine Mammals Incidental to Commercial Fishing Operations" and "Take Reduction Plans" for more information on the list of commercial fisheries and take reduction plans.
As included under Section 112 of the MMPA, "Regulations and Administration." 16 U.S.C. §1382.
50 C.F.R. §216.8.
16 U.S.C. §1382(d). The requirement for the annual report to Congress referenced in 16 U.S.C. §1382(d) was eliminated under Section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (P.L. 104-66, Title III). According to FWS and NOAA, both agencies primarily carry out these reviews through their administration of Incidental Take Authorizations. FWS Office of Congressional and Legislative Affairs and NOAA Office of Legislative and Intergovernmental Affairs, email to CRS, January 31, 2024.
16 U.S.C. §1382(d).
16 U.S.C. §1382(d).
16 U.S.C. §1382(e). The Secretary may implement these measures following consultations with the MMC, appropriate federal agencies, and opportunity for public comment.
16 U.S.C. §1387.
16 U.S.C. §1381.
16 U.S.C. §§1383a, 1387.
16 U.S.C. §1387(a)(5); 16 U.S.C. §1387(a)(4) stipulates that the incidental taking of California sea otters is not included under these provisions, as also included in Section 101 (16 U.S.C. §§1371(a)(5)(E)(vi)).
16 U.S.C. §1387(a)-(b).
50 C.F.R. §229.1(g); FWS regulations also reference that goal at 50 C.F.R. §18.24.
16 U.S.C. §§1383a(b)(1)(A)-(C), 1387(c)(1)(A)-(C).
16 U.S.C. §§1383a(b)(1)(A)-(C), 1387(c)(1)(A)-(C); NOAA, NMFS, "Marine Mammal Protection Act List of Fisheries," https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries. Hereinafter NOAA, NMFS, "Marine Mammal Protection Act List of Fisheries."
NOAA, NMFS, "Marine Mammal Protection Act List of Fisheries."
NOAA, NMFS, "Fisheries Summary Tables," https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables (hereinafter, NOAA, NMFS, "Fisheries Summary Tables"); a longline is a continuous mainline set below the surface and supported in the water column horizontally by floats with branch lines attached at intervals on the mainline. NOAA, NMFS, "Hawaii Deep-set Longline Fishery - MMPA List of Fisheries," https://www.fisheries.noaa.gov/national/marine-mammal-protection/hawaii-deep-set-longline-fishery.
NOAA, NMFS, "Fisheries Summary Tables."
NOAA, NMFS, "Fisheries Summary Tables."
NOAA, NMFS, "Fisheries Summary Tables"; a purse seine is a deep nylon mesh net with floats on the top and lead weights on the bottom. Rings are fastened at intervals to the lead line, and a purse line runs completely around the net through the rings. When fishing for Atlantic herring, one end of the net remains in the vessel and the other end is attached to a power skiff or bug boat that is deployed from the stern of the vessel and remains in place while the vessel encircles a school of fish with the net. Then the net is pursed and brought back aboard the vessel through a hydraulic power block. NOAA, NMFS, "Gulf of Maine Atlantic Herring Purse Seine Fishery - MMPA List of Fisheries," https://www.fisheries.noaa.gov/national/marine-mammal-protection/gulf-maine-atlantic-herring-purse-seine-fishery-mmpa-list.
16 U.S.C. §1387(c)(2)-(3); NOAA, NMFS, "Marine Mammal Authorization Program," https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program.
16 U.S.C. §1387(c)(4).
16 U.S.C. §1387(c)(3).
16 U.S.C. §§1387(c)(3)(B), 1387(d).
16 U.S.C. §1387(e).
16 U.S.C. §1387(f).
16 U.S.C. §1387(f)(1).
16 U.S.C. §1387(f)(1).
16 U.S.C. §1387(f)(2).
16 U.S.C. §1387(f)(2).
16 U.S.C. §1387(f)(4)(A)-(D).
16 U.S.C. §1387(f)(6).
NOAA, NMFS, "Atlantic Large Whale Take Reduction Team," https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-mammal-protection/atlantic-large-whale-take-reduction-team; NOAA, NMFS, "Atlantic Large Whale Take Reduction Plan," https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-mammal-protection/atlantic-large-whale-take-reduction-plan.
16 U.S.C. §1387(g).
16 U.S.C. §1387(g)(2).
16 U.S.C. §1387(g)(1)(A)-(C).
NOAA, NMFS, "Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations," 88 Federal Register 7362-7369, February 3, 2023. Hereinafter NOAA, NMFS, 88 Federal Register 7362-7369.
NOAA, NMFS, 88 Federal Register 7362-7369.
For example, see Gabrielle Benjamin and Read Porter, Understanding the North Atlantic Right Whale Litigation, Marine Affairs Institute at Roger Williams University School of Law, Rhode Island Sea Grant Legal Program, Maine Sea Grant, June 2021, pp. 1-16, https://seagrant.gso.uri.edu/wp-content/uploads/2021/07/Understanding-the-North-Atlantic-Right-Whale-Litigation-FINAL.pdf; and Penobscot Bay Pilot, "Federal Court of Appeals Rules in Favor of Maine Lobstermen in Right Whale Case," June 16, 2023, https://www.penbaypilot.com/article/federal-court-appeals-rules-favor-maine-lobstermen-right-whale-case/175215.
As included under §111 of the MMPA. 16 U.S.C. §1381. The statute, under 16 U.S.C. §1381(a), states that the program is to reduce the incidental taking of marine mammals in connection with commercial fishing to "the maximum extent practicable."
16 U.S.C. §1381(b); These regulations have been in effect since August 30, 1995. 50 C.F.R. §§229.1-229.37.
50 C.F.R. §§229.32(b)-(c).
16 U.S.C. §1381(d). The statute also states that the Secretary provides the cost for quartering and maintaining those agents.
16 U.S.C. §1380(a).
16 U.S.C. §1380(b).
16 U.S.C. §§1378-1379, 1383. MMPA §108 (16 U.S.C. §1378) is entitled "International Program" and focuses on international agreements, including (1) the duties of the Secretary, (2) consultations and studies concerning North Pacific fur seals, and (3) reporting and proposed actions regarding discussions with foreign governments on marine mammals and yellowfin tuna fisheries.
NOAA, NMFS, "Laws and Policies: Marine Mammal Protection Act."
16 U.S.C. §1379(a).
MMPA §109. 16 U.S.C. §1379(a).
16 U.S.C. §1379(a).; 50 C.F.R. §§403.01-403.08.
NOAA, NMFS, Recovery Plan for the Hawaiian Monk Seal (Monachus schauinslandi), August 22, 2007, pp. I-2, https://repository.library.noaa.gov/view/noaa/3521. Hereinafter NOAA, NMFS, Recovery Plan for the Hawaiian Monk Seal.
NOAA, NMFS, Recovery Plan for the Hawaiian Monk Seal; HDLNR, "Protecting Marine Species"; for example, HRS §195D-4.5 prohibits the taking of Hawaiian monk seals.
As included under MMPA §108. 16 U.S.C. §1378.
16 U.S.C. §1378(a)(1)-(2).
MMPA §113. 16 U.S.C. §1383(a). The MMPA does not directly specify if the United States must be a signatory to each treaty, convention, agreement, or statute.
16 U.S.C. §1371(a)(2).
According to NMFS, comparability findings were initially denied for a total of 240 fisheries from 46 nations. NOAA, NMFS, "Marine Mammal Protection Act Comparability Finding Determinations for Harvesting Nations," https://www.fisheries.noaa.gov/international-affairs/marine-mammal-protection-act-comparability-finding-determinations-harvesting; and NOAA, NMFS, "Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act-Notification of Comparability Findings and Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products," 90 Federal Register 42395-42398, September 2, 2025.
NOAA, NMFS, "Notice of Reconsideration of Comparability Findings for Swimming Crab Fisheries," https://www.fisheries.noaa.gov/action/notice-reconsideration-comparability-findings-swimming-crab-fisheries; and NOAA, NMFS, "Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Action-Notification of Comparability Findings," 91 Federal Register 25867-25868, May 12, 2026.
16 U.S.C. §1380(c)-(d).
16 U.S.C. §§1388-1389. These task forces are to account for interactions between fisheries and pinnipeds (i.e., seals and sea lions), including concerns about pinniped predation on certain Pacific salmon stocks and potential impacts to seafood species reared through aquaculture in the Gulf of Maine.
16 U.S.C. §1380(c). The Secretary of Commerce, in consultation with the MMC, adjacent coastal states, and experts from multiple backgrounds, convened a 1995 workshop to assess human-caused factors affecting the health and stability of the Gulf of Maine ecosystem. Workshop participants recommended interdisciplinary research and integrated management approaches, including those for marine mammals, that identify linkages between ecosystem components and their sensitivity and resilience to stressors. 16 U.S.C. §1380(c); David Dow and Eugenia Braasch, eds., The Health of the Gulf of Maine Ecosystem: Cumulative Impacts of Multiple Stressors, Regional Association for Research on the Gulf of Maine, under contract from NOAA NMFS, Workshop Report, Dartmouth College, RARGOM Report 96-1, Hanover, NH, April 30, 1996, http://www.gulfofmaine.org/resources/gomc-library/health%20of%20gom%20ecosystem%20cumulative%20impacts_workshop%20report.pdf.
16 U.S.C. §§1388(a)-(b). These agreements allow the Secretary to enter into cooperative agreements with Alaska Native organizations to conserve marine mammals and to provide comanagement of subsistence use by Alaska Natives. The cooperative agreements also may include grants to Alaska Native organizations to collect and analyze data on marine mammal populations, monitor their harvest, participate in marine mammal research, and develop marine mammal comanagement structures with federal and state agencies.
§120(a)-(f) allow the Secretary of Commerce to permit the intentional, humane, lethal taking of pinnipeds that are having a significant negative impact on the recovery of salmonid fishery stocks listed under the Endangered Species Act [16 U.S.C. §§1531-1544] in the waters of the Columbia River and its tributaries. Eligible entities for permits include the states of Washington, Oregon, and Idaho and specified tribes. 16 U.S.C. §1389(a)-(f); §120(h) also includes provisions for a Gulf of Maine task force to advise the Secretary on issues or problems regarding pinnipeds interacting in a dangerous or damaging manner with aquaculture resources in the Gulf of Maine. 16 U.S.C. §1389(h). For additional information, see CRS In Focus IF11045, Sea Lion Predation on Columbia River Salmon and Steelhead, by Anthony R. Marshak.
16 U.S.C. §1421-1421h. The MMPA, under 16 U.S.C. §1421h(6), defines stranding as
an event in the wild in which—(A) a marine mammal is dead and is—(i) on a beach or shore of the United States; or (ii) in waters under the jurisdiction of the United States (including any navigable waters); or (B) a marine mammal is alive and is—(i) on a beach or shore of the United States and unable to return to the water; (ii) on a beach or shore of the United States and, although able to return to the water, is in need of apparent medical attention; or (iii) in the waters under the jurisdiction of the United States (including any navigable waters), but is unable to return to its natural habitat under its own power or without assistance.
16 U.S.C. §1421(a); The MMPA, under 16 U.S.C. §1421h(7), defines a stranding network participant as a person who is authorized by an agreement under 16 U.S.C. §1382(c) to take marine mammals as described in 16 U.S.C. §1379(h)(1) in response to a stranding.
16 U.S.C. §1421(b), 1421c; The MMPA, under 16 U.S.C. §1421h(9), defines an unusual mortality event as "a stranding that (A) is unexpected; (B) involves a significant die-off of any marine mammal population; and (C) demands immediate response."
NOAA, NMFS, "Marine Mammal Health and Stranding Response Program," https://www.fisheries.noaa.gov/national/marine-life-distress/marine-mammal-health-and-stranding-response-program (hereinafter, NOAA, NMFS, "Marine Mammal Health and Stranding Response Program").
NOAA, NMFS, "Marine Mammal Health and Stranding Response Program."
NOAA, NMFS, "Marine Mammal Health and Stranding Response Program."
16 U.S.C. §1421a(b).
16 U.S.C. §1421a(c).
16 U.S.C. §1421a(d).
16 U.S.C. §1421f.
16 U.S.C. §1421f(a)(3).
16 U.S.C. §1421f(c)-(d).
16 U.S.C. §1421f-1.
16 U.S.C. §§1421f-1, 1421f-1(a)(1).
16 U.S.C. §1421c.
16 U.S.C. §1421c(a)(1)(A).
16 U.S.C. §1421c(a)(2)(A).
16 U.S.C. §1421c(a)(2)(B).
16 U.S.C. §1421c(c)(1)-(2).
16 U.S.C. §1421c(b).
16 U.S.C. §1421c(b)(2).
16 U.S.C. §1421d.
16 U.S.C. §1421d(b).
16 U.S.C. §1421d(d).
Gulland et al., "Climate Change Effects on Marine Mammals"; Bradley Varner, Reviewing the Marine Mammal Protection Act Through a Modern Lens, Michigan State University Animal Legal and Historical Center, 2022, https://www.animallaw.info/article/reviewing-marine-mammal-protection-act-through-modern-lens#id-8.
Christian Riisager-Simonsen et al., "Using Ecosystem-Services Assessments to Determine Trade-Offs in Ecosystem-Based Management of Marine Mammals," Conservation Biology, vol. 34, no. 5 (2020), pp. 1152-1164 (hereinafter, Riisager-Simonsen et al., "Using Ecosystem-Services Assessments"); David Fluharty, "Chapter 12: Ecosystem-Based Approaches to Ocean Management in the United States: Weaving Together Multiple Strands," in The Ecosystem Approach in Ocean Planning and Governance, eds. David Langlet and Rosemary Rayfuse (Leiden, The Netherlands: Koninklijke Brill NV, 2019), pp. 371-412 (hereinafter, Fluharty, "Ecosystem-Based Approaches to Ocean Management").
Gulland et al., "Climate Change Effects on Marine Mammals."
Gulland et al., "Climate Change Effects on Marine Mammals."
NOAA's National Ocean Service (NOS) defines upwelling as "a process in which deep, cold water rises toward the surface." NOAA, NOS, "What is Upwelling," https://oceanservice.noaa.gov/facts/upwelling.html.
Gulland et al., "Climate Change Effects on Marine Mammals"; NOAA, NMFS, "2019-2023 Eastern North Pacific Gray Whale UME (Closed)"; and Ian M. Stevenson, "Dozens of Starving Gray Whales are Washing Up on Pacific Coast," E&E Greenwire, June 3, 2026, https://subscriber.politicopro.com/article/eenews/2026/06/03/dozens-of-starving-gray-whales-are-washing-up-on-pacific-coast-00947181.
Gulland et al., "Climate Change Effects on Marine Mammals"; Anthony M. Pagano and Terrie M. Williams, "Physiological Consequences of Arctic Sea Ice Loss on Large Marine Carnivores: Unique Responses by Polar Bears and Narwhals," Journal of Experimental Biology, vol. 224, Suppl. 1 (2021), jeb228049, pp. 1-13; Anthony M. Pagano et al., "Effects of Sea Ice Decline and Summer Land Use on Polar Bear Home Range Size in the Beaufort Sea," Ecosphere, vol. 12, no. 10 (2021), e03768, pp. 1-19.
Lettrich et al., "Vulnerability to Climate Change."
NOAA, NMFS, "Climate Vulnerability Assessments—Current Climate Vulnerability Assessments," https://www.fisheries.noaa.gov/national/climate-change/climate-vulnerability-assessments#current-climate-vulnerability-assessments.
Lettrich et al., "Vulnerability to Climate Change"; International Marine Mammal Project, "Climate Change Impacts on Marine Mammals," https://savedolphins.eii.org/news/climate-change-impacts-on-marine-mammals; U.S. Congress, Senate Committee on Commerce, Science, and Transportation, Subcommittee on Oceans, Fisheries and Coast Guard, Future of the Marine Mammal Protection Act, 108th Cong., 1st sess., July 16, 2003, S. Hrg. 108-981.
U.S. Congress, Senate Committee on Commerce, Science, and Transportation, Subcommittee on Oceans, Fisheries and Coast Guard, Future of the Marine Mammal Protection Act, 108th Cong., 1st sess., July 16, 2003, S. Hrg. 108-981. Hereinafter U.S. Congress, Future of the Marine Mammal Protection Act, 2003.
U.S. Congress, Future of the Marine Mammal Protection Act, 2003.
Roman et al., "Marine Mammal Protection Act at 40"; Gulland et al., "Climate Change Effects on Marine Mammals."
Roman et al., "Marine Mammal Protection Act at 40"; Gulland et al., "Climate Change Effects on Marine Mammals."
Similar legislation was introduced in previous Congresses (H.R. 3692 in the 117th and H.R. 8795 in the 116th).
U.S. Congress, House Committee on Natural Resources, Legislative Hearing on H.R. 660, "Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021"; H.R. 1415, "Tribal Coastal Resiliency Act"; H.R. 1689, "Offshore Wind for Terrirories Act"; H.R. 2750, "Blue Carbon for our Planet Act"; H.R. 3160, "Keep Americans' Waterfronts Working Act"; H.R. 3228, "National Coastal Resilience Data and Services Act"; H.R. 3692, "Marine Mammal Climate Change Protection Act"; H.R. 3748, "Blue Globe Act"; H.R. 3764, "Ocean-Based Climate Solutions Act of 2021"; H.R. 3817, "Regional Ocean Partnership Act"; H.R. 3864, "Chesapeake Bay Oyster Research Act"; H.R. 3892, "National Oceans and Coastal Security Improvements Act"; and H.R. 3906, "Blue Carbon Protection Act," 117th Cong., 1st sess., June 22, 2021, Serial No. 117-6 (GPO, 2021), pp. 1-129 (hereinafter, U.S. Congress, House Committee on Natural Resources, Legislative Hearing).
U.S. Congress, House Committee on Natural Resources, Legislative Hearing.
Roman et al., "Marine Mammal Protection Act at 40"; Gulland et al., "Climate Change Effects on Marine Mammals."
U.S. Congress, House Committee on Natural Resources, Legislative Hearing.
U.S. Congress, House Committee on Natural Resources, Legislative Hearing.
For example, 16 U.S.C. §§1361(2), 1361(5), 1373(b)(3).
an approach that takes major ecosystem components and services—both structural and functional—into account in managing fisheries. It values habitat, embraces a multispecies perspective, and is committed to understanding ecosystem processes. Its goal is to rebuild and sustain populations, species, biological communities, and marine ecosystems at high levels of productivity and biological diversity so as not to jeopardize a wide range of goods and services from marine ecosystems while providing food, revenue, and recreation for humans.
NOAA, NOAA Fisheries Glossary, NOAA Technical Memorandum NMFS-F/SPO-69, 2006, pp. 11-12, https://repository.library.noaa.gov/view/noaa/12856.
NOAA, NMFS, "Laws and Policies: Marine Mammal Protection Act"; the MMPA defines population stock as "a group of marine mammals of the same species or smaller taxa in a common spatial arrangement that interbreed when mature."
NOAA, NMFS, "Laws and Policies: Marine Mammal Protection Act."
Riisager-Simonsen et al., "Using Ecosystem-Services Assessments"; Fluharty, "Ecosystem-Based Approaches to Ocean Management."
U.S. Congress, Senate Committee on Commerce, Science, and Transportation, Subcommittee on Oceans, Fisheries and Coast Guard, Future of the Marine Mammal Protection Act, 108th Cong., 1st sess., July 16, 2003, S. Hrg. 108-981.
Ayeisha A. Brinson and Kristy Wallmo, "Stakeholder Attitudes Toward Ecosystem-Based Fisheries Management," Marine Fisheries Review, vol. 77, no. 3 (December 2015), pp. 17-30; Anthony R. Marshak et al., "International Perceptions of an Integrated, Multi-sectoral, Ecosystem Approach to Management," ICES Journal of Marine Science, vol. 74, no. 1 (2017), pp. 414-420.
Rob Hotakainen, "Senate Republicans Urge NOAA to Scrap Rice's Whale Protections," E&E Daily, May 7, 2024, https://www.eenews.net/articles/senate-republicans-urge-noaa-to-scrap-rices-whale-protections/; National Marine Manufacturers Association, "Recreational Boating Industry Decries Advancement of Vessel Speed Rule," March 7, 2024; Darren Incorvaia, "Recreational Fishing Industry Won't Slow Down for Right Whales," Undark, March 29, 2023, https://undark.org/2023/03/29/recreational-fishing-industry-wont-slow-down-for-right-whales/.
For example, Jason S. Link and Janne B. Haugen, "The Business Case for Ecosystem-Based Management," Marine Policy, 2025, 106485.
U.S. Congress, House Natural Resources Committee, Water, Wildlife and Fisheries Subcommittee, [Discussion Draft] H.R. _____, A Bill to amend the Marine Mammal Protection Act of 1972 to [_____], 119th Cong., 1st sess., July 7, 2025, pp. 1-32, https://docs.house.gov/meetings/II/II13/20250722/118447/BILLS-119pih-DiscussionDraft.pdf. Discussed during U.S. Congress, House Natural Resources Committee, Water, Wildlife and Fisheries Subcommittee, Legislative Hearing on H.R. 180, H.R. 3706, H.R. 3831, H.R. 4033, H.R. 4293, H.R. 4294 and a Discussion Draft, 119th Cong., 1st sess., July 22, 2025, https://naturalresources.house.gov/calendar/eventsingle.aspx?EventID=418269.
"Explanatory Statement Submitted by Ms. DeLauro, Chair of the House Committee on Appropriations, Regarding the House Amendment to the Senate Amendment to H.R. 2471, Consolidated Apporpriations Act, 2022," Congressional Record, vol. 168, part 42-Book III (March 9, 2022), p. H1776; "Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023," Congressional Record, vol. 168, part 198 (December 20, 2022), p. S7908.
"Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023," Congressional Record, vol. 168, part 198 (December 20, 2022), p. S7908.
National Academies of Sciences, Engineering, and Medicine, Approaches to Understanding the Cumulative Effects of Stressors on Marine Mammals (Washington, DC: The National Academies Press, 2017), pp. 1-98, https://nap.nationalacademies.org/catalog/23479/approaches-to-understanding-the-cumulative-effects-of-stressors-on-marine-mammals.
Among its contents, the Don Young Coast Guard Authorization Act of 2022 (P.L. 117-263, Division K, Title CXIII) established assistance to ports to reduce impacts of vessel traffic and port operations on marine mammals (16 U.S.C. §1390), a pilot cetacean desk program for the Puget Sound region (16 U.S.C. §1390 note), and a near real-time monitoring and mitigation program for large cetaceans to minimize risks of vessel collisions (16 U.S.C. §1391).
As stipulated in the Don Young Coast Guard Authorization Act of 2022, under 16 U.S.C. §1390 note, the U.S. Coast Guard (USCG) Cetacean Desk pilot program is designed "(i) to improve coordination with the maritime industry to reduce the risk of vessel impacts on large cetaceans, including impacts from vessel strikes, disturbances, and other sources; and (ii) to monitor the presence and location of large cetaceans during the months during which such large cetaceans are present in Puget Sound, the Strait of Juan de Fuca, and the United States portion of the Salish Sea." U.S. Coast Guard (USCG)—Pacific Area, "USCG Cetacean Desk," https://www.pacificarea.uscg.mil/Our-Organization/Northwest-District/Units/Sector-Puget-Sound/VTS-Puget-Sound/USCG-Cetacean-Desk/.
H.R. 3764 in the 117th Congress (under Title VII) proposed similar programs as separate statutory provisions and proposed other related programs as amendments to the MMPA.
As examples, Komenda, "Oregon Crabbers and Environmentalists Are at Odds"; Hotakainen, "NOAA Broke Law."
Kimberly L. Oremus et al., "Underfished or unwanted? Much blame cast upon fisheries policy may be misguided," Science, vol. 380, no. 6645 (2023), pp. 585-588.
Bellamy Paithorp, "Pacific Northwest Tribes Want a New Strategy to Manage Marine Mammals," National Public Radio, November 14, 2022, https://www.npr.org/2022/11/14/1136617285/pacific-northwest-tribes-want-a-new-strategy-to-manage-marine-mammals. Hereinafter Paithorp, "Pacific Northwest Tribes Want a New Strategy."
Paithorp, "Pacific Northwest Tribes Want a New Strategy"; Fletcher, "Exploding Populations."
As examples, Lisa G. Crozier et al., "Climate Change Threatens Chinook Salmon Throughout Their Life Cycle," Communications Biology, vol. 4, no. 1 (2022), 222, pp. 1-14; U.S. Army Corps of Engineers, 2024 Evaluation of Pinniped Predation on Adult Salmonids and Other Fish in the Bonneville Dam Tailrace, Cascade Locks, OR, March 2025, pp. 1-45; and Lauri Leach et al., "Examining the Impacts of Pinnipeds on Atlantic Salmon: The Effects of River Restoration on Predator-Prey Interactions," Aquatic Conservation: Marine and Freshwater Ecosystems, vol. 32, no. 4 (2022), pp. 645-657.
16 U.S.C. §1387(f)(2).
16 U.S.C. §1383a(g)(3); these interim provisions were in effect until the mid-1990s and are included under §114, "Interim Exemption for Commercial Fisheries." 16 U.S.C. §1383. They were replaced by §118, "Taking of Marine Mammals Incidental to Commercial Fishing Operations." 16 U.S.C. §1387.
Consolidated Appropriations Act, 2023, Legislative Text, Congressional Record, vol. 168, part 197 (December 19, 2022), pp. S7784-S7785.
16 U.S.C. §1393(c)(2).
P.L. 117-328, Division JJ, Title I, Section 101; 16 U.S.C. §1387 note. H.R. 8509 in the 119th Congress would amend these provisions to extend their applicability through December 2035.
16 U.S.C. §1387.
For example, "Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023," Congressional Record, vol. 168, part No. 198 (December 20, 2022), pp. S7908-S7909; see also 16 U.S.C. §1393(c)(2).
220220 [Legislative Text and Explanatory Statement] Book 1 of 2, Divisions A-F, committee print, , committee print,
March 2021, H.PrtMarch 2021, H.Prt. 43-479, pp. 215-216. 43-479, pp. 215-216.
theodore-roosevelt-genius-prize-competitionstheodore-roosevelt-genius-prize-competitions
220220 [Legislative Text and Explanatory Statement] Book 1 of 2, Divisions A-F, committee print, , committee print,
March 2021, H.PrtMarch 2021, H.Prt. 43-479, p. 221. 43-479, p. 221.