The Marine Mammal Protection Act (MMPA) was the first act of the United States Congress to call specifically for an ecosystem approach to wildlife management.

Authority MMPA was signed into law on October 21, 1972, by President Richard Nixon and took effect 60 days later on December 21, 1972. It prohibits the "taking" of marine mammals, and enacts a moratorium on the import, export, and sale of any marine mammal, along with any marine mammal part or product within the United States. The Act defines "take" as "the act of hunting, killing, capture, and/or harassment of any marine mammal; or, the attempt at such." The MMPA defines harassment as "any act of pursuit, torment or annoyance which has the potential to either: a. injure a marine mammal in the wild, or b. disturb a marine mammal by causing disruption of behavioral patterns, which includes, but is not limited to, migration, breathing, nursing, breeding, feeding, or sheltering." The MMPA provides for enforcement of its prohibitions, and for the issuance of regulations to implement its legislative goals.

Authority to manage the MMPA was divided between the Secretary of the Interior through the U.S. Fish and Wildlife Service (Service), and the Secretary of Commerce, which is delegated to the National Oceanic and Atmospheric Administration (NOAA). Subsequently, a third federal agency, the Marine Mammal Commission (MMC), was established to review existing policies and make recommendations to the Service and the NOAA better implement the MMPA. Coordination between these three federal agencies is necessary in order to provide the best management practices for marine mammals.

Under the MMPA, the Service is responsible for ensuring the protection of sea otters and marine otters, walruses, polar bears, three species of manatees, and dugongs. NOAA was given responsibility to conserve and manage pinnipeds including seals and sea lions and cetaceans such as whales and dolphins.

NOAA Responsibilities The NOAA enforces the Marine Mammal Protection Act through the implementation and enforcement of various policies and regulations to properly manage marine mammal populations. The NOAA does this through the identification of violations of the MMPA, coordinating efforts to aid stranded and entangled mammals, and conduct proper rehabilitation and release of injured marine mammals. The NOAA is also responsible for providing stock assessment reports on marine mammals under their jurisdiction which includes whales, dolphins, porpoises, seals, and sea lions. Stock assessment reports serve to identify trends in marine mammal populations, identify potential threats to said population, and whether current conservation efforts are effective and if adjustments need to be made to ensure effective enforcement of the MMPA.

The specific information that is included in all stock assessments are the geographic range of the stock being studied, current trends and productivity rates for the stock, potential biological removal levels which is defined under the MMPA as "the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population", an estimation of mortality and injury rate caused by humans, potential threats to conservation efforts and current status of the stock and a minimum population estimation.

These stock assessments are created through research conducted by programs at NOAA research science centers which are located in Hawaii, Massachusetts, Alaska, Florida, Washington, and California. Research contributions are also made by researchers not affiliated with the previously mentioned programs as well.

Marine Mammal Commission Responsibilities The Marine Mammal Commission (MMC) was created in 1972 through the MMPA to serve as an organization that provides oversight over conservation policies, regulations and programs being carried out to ensure they are carried out effectively by the federal agencies responsible for them. Their responsibilities also include ensuring the United States adhere to international agreements that relate to marine mammal conservation "including, but not limited to, the International Convention for the Regulation of Whaling, the Whaling Convention Act of 1949, the Interim Convention on the Conservation of North Pacific Fur Seals, and the Fur Seal Act of 1966." The MMC is also responsible for the review of the research programs conducted for the purpose of the MMPA as well as authorizing permits for the purpose of research, conservation or public display. If the MMC finds that the current conservation efforts are shown to be ineffective in protecting species identified under the MMPA, they are responsible for effectively communicating with federal officials such as the Secretaries of State, Commerce or the Interior the recommended measures needed to be taken to ensure the effectiveness of the MMPA and the protection of marine mammals under this act. These recommendations can come in the form of implementation of international agreements, revisions to the endangered and threatened species list as deemed appropriate under the Endangered Species Act of 1973, and provisions that may need to be made to the MMPA.  

U.S. Fish and Wildlife Services Responsibilities The U.S. Fish and Wildlife Services are responsible for managing the take through the use of permits and other authorization as well as financially supporting efforts to help marine mammals that fall victim to stranding and relevant research efforts. Similar to the NOAA, the U.S. Fish and Wildlife Services conduct stock assessments of marine mammal populations under their jurisdiction which include walrus, manatees, sea otters, and polar bears. They are also responsible for the creation and implementation of conservation plans which often occur in collaboration with industries which can potentially impact marine mammal populations of particular concern.

Marine mammal permits and international coordination

The MMPA prohibits the take and exploitation of any marine mammal without appropriate authorization, which may only be given by the Service. Permits may be issued for scientific research, public display, and the importation/exportation of marine mammal parts and products upon determination by the Service that the issuance is consistent with the MMPA's regulations. The two types of permits issued by the National Marine Fisheries Service's Office of Protected Resources are incidental and directed. Incidental permits, which allow for some unintentional taking of small numbers of marine mammal, are granted to U.S. citizens who engage in a specified activity other than commercial fishing in a specified geographic area. Directed permits are required for any proposed marine mammal scientific research activity that involves taking marine mammals.

Applications for such permits are reviewed and issued the Service's Division of Management Authority, through the International Affairs office. This office also houses the Division of International Conservation, which is directly responsible for coordinating international activities for marine mammal species found in both U.S. and International waters, or are absent from U.S. waters. Marine mammal species inhabiting both U.S. and International waters include the West Indian manatee, sea otter, polar bear, and Pacific walrus. Species not present in U.S. waters include the West African and Amazonian manatee, dugong, Atlantic walrus, and marine otter.

Marine mammal conservation in the field

In efforts to conserve and manage marine mammal species, the Service has appointed field staff dedicated to working with partners to conduct population censuses, assess population health, develop and implement conservation plans, promulgate regulations, and create cooperative relationships internationally.

Various Marine Mammal Management offices are located on either coast. The Service's Marine Mammal Management office in Anchorage, Alaska is responsible for the management and conservation of polar bears, Pacific walruses, and northern sea otters in Alaska. Northern sea otters present in Washington state are managed by the Western Washington Field Office, while southern sea otters residing in California are managed by the Ventura Field Office. West Indian manatee populations extend from Texas to Rhode Island, and are also present in the Caribbean Sea; however, this species is most prevalent near Florida (the Florida subspecies) and Puerto Rico (the Antillean subspecies). The Service's Jacksonville Field Office manages the Florida manatee, while the Boqueron Field Office manages the Antillean manatee.

The polar bear, southern sea otter, marine otter, all three species of manatees, and the dugong are also concurrently listed under the Endangered Species Act (ESA).

Raw and unworked walrus ivory and bones from Alaska are exported to the Indonesian island of Bali where local artisans carve them into North American motives (salmon, wolves, cowboys). Research by a team led by EcoVerde Global Consulting showed that these items are then re-exported to the USA circumventing the US Marine Mammal Act

Amendments

Amendments enacted in 1981 established conditions for permits to be granted to take marine mammals "incidentally" in the course of commercial fishing. In addition, the amendments provided additional conditions and procedures for transferring management authority to the States, and authorized appropriations through FY 1984.

Policies created in 1982

Some marine mammal species or stocks may be in danger of extinction or depletion as a result of human activities. These species or stocks must not be permitted to fall below their optimum sustainable population level (depleted) Measures should be taken to replenish these species or stocks There is inadequate knowledge of the ecology and population dynamics Marine mammals have proven to be resources of great international significance.

The 1984 amendments established conditions to be satisfied as a basis for importing fish and fish products from nations engaged in harvesting yellowfin tuna with purse seines and other commercial fishing technology, as well as authorized appropriations for agency activities through FY 1988.

Amended in 1988

The establishment of conditions and procedures for the Secretaries of Commerce and Interior to review the status of populations to determine if they should be listed as "depleted" (below optimal, sustainable population numbers or listed as threatened or endangered); The preparation of conservation plans for any species listed as depleted, including a requirement that such plans be modeled after recovery plans developed pursuant to the Endangered Species Act; The listing of conditions under which permits may be issued to take marine mammals for the protection and welfare of the animals, including importation, public display, scientific research, and enhancing the survival or recovery of a species; and A reward system authorizing the Secretary of the Treasury to pay up to $2,500 for information leading to convictions was enacted in under Section 106(c).

Amended in 1994

Added Section 119 to authorize cooperative co-management agreements with Alaska Native organizations, alongside establishing Section 117 Stock Assessment Reports and the Section 118 commercial fishing incidental take regime. A program to authorize and control the taking of marine mammals incidental to commercial fishing operations; Preparation of stock assessments for all marine mammal stocks in waters under U.S. jurisdiction; and Studies of pinniped-fishery interactions. 2018 Lethal Removal Amendment (Colombia River)