Marine Mammal Protection Act (16 U.S.C. 1361)

§ 1361

TITLE 16—CONSERVATION

Sec.

1421g.
1421h.

Authorization of appropriations.
Definitions.
SUBCHAPTER VI—POLAR BEARS

1423.
1423a.
1423b.
1423c.

Definitions.
Prohibitions.
Administration.
Cooperative management agreement; authority to delegate enforcement authority.
Commission appointments; compensation,
travel expenses, and claims.
Votes taken by the United States section on
matters before the Commission.
Implementation of actions taken by the Commission.
Application with other subchapters of chapter.
Authorization of appropriations.

1423d.
1423e.
1423f.
1423g.
1423h.

SUBCHAPTER I—GENERALLY

management and that the primary objective of
their management should be to maintain the
health and stability of the marine ecosystem.
Whenever consistent with this primary objective, it should be the goal to obtain an optimum sustainable population keeping in mind
the carrying capacity of the habitat.
(Pub. L. 92–522, § 2, Oct. 21, 1972, 86 Stat. 1027;
Pub. L. 97–58, § 1(b)(1), Oct. 9, 1981, 95 Stat. 979;
Pub. L. 103–238, § 3, Apr. 30, 1994, 108 Stat. 532.)
AMENDMENTS
1994—Par. (2). Pub. L. 103–238, § 3(1), inserted ‘‘essential habitats, including’’ after ‘‘made to protect’’.
Par. (5). Pub. L. 103–238, § 3(2), inserted ‘‘and their
habitats’’ before ‘‘is therefore necessary’’ in concluding
provisions.
1981—Par. (6). Pub. L. 97–58 substituted ‘‘carrying capacity’’ for ‘‘optimum carrying capacity’’.

§ 1361. Congressional findings and declaration of
policy
The Congress finds that—
(1) certain species and population stocks of
marine mammals are, or may be, in danger of
extinction or depletion as a result of man’s activities;
(2) such species and population stocks should
not be permitted to diminish beyond the point
at which they cease to be a significant functioning element in the ecosystem of which
they are a part, and, consistent with this
major objective, they should not be permitted
to diminish below their optimum sustainable
population. Further measures should be immediately taken to replenish any species or population stock which has already diminished
below that population. In particular, efforts
should be made to protect essential habitats,
including the rookeries, mating grounds, and
areas of similar significance for each species
of marine mammal from the adverse effect of
man’s actions;
(3) there is inadequate knowledge of the
ecology and population dynamics of such marine mammals and of the factors which bear
upon their ability to reproduce themselves
successfully;
(4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and
conservation of, all marine mammals;
(5) marine mammals and marine mammal
products either—
(A) move in interstate commerce, or
(B) affect the balance of marine ecosystems in a manner which is important to
other animals and animal products which
move in interstate commerce,
and that the protection and conservation of
marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and
(6) marine mammals have proven themselves
to be resources of great international significance, esthetic and recreational as well as economic, and it is the sense of the Congress that
they should be protected and encouraged to
develop to the greatest extent feasible commensurate with sound policies of resource

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EFFECTIVE DATE
Pub. L. 92–522, § 4, Oct. 21, 1972, 86 Stat. 1029, provided
that: ‘‘The provisions of this Act [enacting this chapter] shall take effect upon the expiration of the sixtyday period following the date of its enactment [Oct. 21,
1972].’’
SHORT TITLE OF 2018 AMENDMENT
Pub. L. 115–329, § 1, Dec. 18, 2018, 132 Stat. 4475, provided that: ‘‘This Act [amending section 1389 of this
title and enacting provisions set out as a note under
section 1389 of this title] may be cited as the ‘Endangered Salmon Predation Prevention Act’.’’
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 109–479, title IX, § 901, Jan. 12, 2007, 120 Stat.
3660, provided that: ‘‘This title [enacting subchapter VI
of this chapter and amending section 1377 of this title]
may be cited as the ‘United States-Russia Polar Bear
Conservation and Management Act of 2006’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–555, § 1, Dec. 21, 2000, 114 Stat. 2765, provided that: ‘‘This Act [enacting section 1421f–1 of this
title, amending sections 1362, 1421g, 1421h, 1433, 1434,
5101 to 5103, 5106, 5107a to 5108, and 5156 of this title, enacting provisions set out as notes under this section
and sections 917a, 1433, 5101, and 5107 of this title, and
amending provisions set out as a note under section
1855 of this title] may be cited as the ‘Striped Bass Conservation, Atlantic Coastal Fisheries Management, and
Marine Mammal Rescue Assistance Act of 2000’.’’
Pub. L. 106–555, title II, § 201, Dec. 21, 2000, 114 Stat.
2767, provided that: ‘‘This title [enacting section 1421f–1
of this title, amending sections 1362, 1421g, 1421h, 1433,
and 1434 of this title, enacting provisions set out as
notes under sections 917a and 1433 of this title, and
amending provisions set out as a note under section
1855 of this title] may be cited as the ‘Marine Mammal
Rescue Assistance Act of 2000’.’’
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105–42, § 1(a), Aug. 15, 1997, 111 Stat. 1122, provided that: ‘‘This Act [enacting sections 962, 1412, 1413,
1414a to 1416 of this title, amending sections 952, 953,
1362, 1371, 1374, 1378, 1380, 1385, 1411, and 1417 of this
title, repealing sections 1412 to 1416 and 1418 of this
title, and enacting provisions set out as notes under
this section and section 1362 of this title] may be cited
as the ‘International Dolphin Conservation Program
Act’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–238, § 1, Apr. 30, 1994, 108 Stat. 532, provided
that: ‘‘This Act [enacting sections 1386 to 1389 of this
title, amending this section and sections 1362, 1371, 1372,

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TITLE 16—CONSERVATION

1374, 1375, 1379, 1380, 1382 to 1384, 1407, 1421 to 1421h, and
4107 of this title, repealing sections 1384 and 1407 of this
title, and enacting provisions set out as notes under
this section and sections 1362, 1374, 1538, and 1539 of this
title] may be cited as the ‘Marine Mammal Protection
Act Amendments of 1994’.’’
SHORT TITLE OF 1992 AMENDMENTS
Pub. L. 102–587, title III, § 3001, Nov. 4, 1992, 106 Stat.
5059, provided that: ‘‘This title [enacting subchapter V
of this chapter, amending sections 1362, 1372, 1379, and
1382 of this title and section 183c of Title 46, Appendix,
Shipping, and enacting provisions set out as notes
under sections 1421 and 1421a of this title] may be cited
as the ‘Marine Mammal Health and Stranding Response
Act’.’’
Pub. L. 102–523, § 1, Oct. 26, 1992, 106 Stat. 3425, provided that: ‘‘This Act [enacting subchapter IV of this
chapter and amending sections 952, 953, 973r, and 1362 of
this title] may be cited as the ‘International Dolphin
Conservation Act of 1992’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–711, § 1, Nov. 23, 1988, 102 Stat. 4755, provided: ‘‘That this Act [enacting sections 1383a and 1383b
of this title, amending sections 1166, 1371, 1372, 1374, 1378
to 1380, 1384, 1402, and 1407 of this title and section 1978
of Title 22, Foreign Relations and Intercourse, enacting
provisions set out as a note under this section, and
amending provisions set out as a note under section
1384 of this title] may be cited as the ‘Marine Mammal
Protection Act Amendments of 1988’.’’
SHORT TITLE
Pub. L. 92–522, § 1, Oct. 21, 1972, 86 Stat. 1027, provided
in part that: ‘‘This Act [enacting this chapter] may be
cited as the ‘Marine Mammal Protection Act of 1972’.’’
REGULATIONS
Pub. L. 103–238, § 15(b), Apr. 30, 1994, 108 Stat. 559, provided that: ‘‘Except as provided otherwise in this Act
[see Short Title of 1994 Amendment note above], or the
amendments to the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.) made by this Act, the Secretary of Commerce or the Secretary of the Interior, as
appropriate, shall, after notice and opportunity for
public comment, promulgate regulations to implement
this Act and the amendments made by this Act by January 1, 1995.’’
PURPOSES AND FINDINGS
Pub. L. 105–42, § 2, Aug. 15, 1997, 111 Stat. 1122, provided that:
‘‘(a) PURPOSES.—The purposes of this Act [see Short
Title of 1997 Amendment note above] are—
‘‘(1) to give effect to the Declaration of Panama,
signed October 4, 1995, by the Governments of Belize,
Colombia, Costa Rica, Ecuador, France, Honduras,
Mexico, Panama, Spain, the United States of America, Vanuatu, and Venezuela, including the establishment of the International Dolphin Conservation Program, relating to the protection of dolphins and other
species, and the conservation and management of
tuna in the eastern tropical Pacific Ocean;
‘‘(2) to recognize that nations fishing for tuna in
the eastern tropical Pacific Ocean have achieved significant reductions in dolphin mortality associated
with that fishery; and
‘‘(3) to eliminate the ban on imports of tuna from
those nations that are in compliance with the International Dolphin Conservation Program.
‘‘(b) FINDINGS.—The Congress finds that—
‘‘(1) the nations that fish for tuna in the eastern
tropical Pacific Ocean have achieved significant reductions in dolphin mortality associated with the
purse seine fishery from hundreds of thousands annually to fewer than 5,000 annually;
‘‘(2) the provisions of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.] that impose a

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§ 1361

ban on imports from nations that fish for tuna in the
eastern tropical Pacific Ocean have served as an incentive to reduce dolphin mortalities;
‘‘(3) tuna canners and processors of the United
States have led the canning and processing industry
in promoting a dolphin-safe tuna market; and
‘‘(4) 12 signatory nations to the Declaration of Panama, including the United States, agreed under that
Declaration to require that the total annual dolphin
mortality in the purse seine fishery for yellowfin
tuna in the eastern tropical Pacific Ocean not exceed
5,000 animals, with the objective of progressively reducing dolphin mortality to a level approaching zero
through the setting of annual limits and with the
goal of eliminating dolphin mortality.’’
RELATIONSHIP OF MARINE MAMMAL PROTECTION ACT
AMENDMENTS OF 1994 TO OTHER LAW
Pub. L. 103–238, § 2(b), Apr. 30, 1994, 108 Stat. 532, provided that: ‘‘Except as otherwise expressly provided,
nothing in this Act [see Short Title of 1994 Amendment
note above] is intended to amend, repeal, or otherwise
affect any other provision of law.’’
INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE
Pub. L. 103–238, § 14, Apr. 30, 1994, 108 Stat. 558, provided that: ‘‘Nothing in this Act [see Short Title of 1994
Amendment note above], including any amendments to
the Marine Mammal Protection Act of 1972 [16 U.S.C.
1361 et seq.] made by this Act—
‘‘(1) alters or is intended to alter any treaty between the United States and one or more Indian
tribes; or
‘‘(2) affects or otherwise modifies the provisions of
section 101(b) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1371(b)), except as specifically provided in the amendment made by section 4(b) of this
Act [amending section 1371 of this title].’’
STUDY ON EFFECTS OF DOLPHIN FEEDING
Pub. L. 102–567, title III, § 306, Oct. 29, 1992, 106 Stat.
4284, directed Secretary of Commerce to conduct a
study in the eastern Gulf of Mexico on the effects of
feeding of noncaptive dolphins by human beings, such
study to be designed to detect any behavior or diet
modification resulting from this feeding and to identify
the effects, if any, of these modifications on the health
and well-being of the dolphins, directed Secretary to
consult with National Academy of Sciences and Marine
Mammal Commission in design and conduct of the
study, and directed Secretary, within 18 months after
Oct. 29, 1992, to submit to Congress a report on results
of the study.
STUDY ON MORTALITY OF ATLANTIC DOLPHIN
Pub. L. 100–711, § 7, Nov. 23, 1988, 102 Stat. 4771, directed Secretary of Commerce to conduct a study regarding east coast epidemic during 1987 and 1988 which
caused substantial mortality within North Atlantic
coastal population of Atlantic bottle-nosed dolphin,
such study to examine (1) cause or causes of epidemic,
(2) effect of epidemic on coastal and offshore populations of Atlantic bottle-nosed dolphin, (3) extent to
which pollution may have contributed to epidemic, (4)
whether other species and populations of marine mammals were affected by those factors which contributed
to epidemic, and (5) any other matters pertaining to
causes and effects of epidemic, with Secretary to submit on or before Jan. 1, 1989, to Committee on Commerce, Science, and Transportation of the Senate and
Committee on Merchant Marine and Fisheries of the
House of Representatives a plan for conducting the
study.
INTERNATIONAL DISCUSSION TO ADVANCE
UNDERSTANDING OF CETACEAN LIFE
Pub. L. 95–426, title VI, § 602, Oct. 7, 1978, 92 Stat. 985,
provided that: ‘‘It is the sense of the Congress that the
President should convey to all countries having an in-

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§ 1362

TITLE 16—CONSERVATION

terest in cetacean sea life the serious concern of the
Congress regarding the continuing destruction of these
marine mammals (highlighted by the recent slaughter
of dolphins in the Sea of Japan by Japanese fishermen)
and should encourage such countries—
‘‘(1) to join in international discussions with other
such countries in order to advance general understanding of cetacean life and thereby facilitate an effective use of the living marine resources of the world
which does not jeopardize the natural balance of the
aquatic environment;
‘‘(2) to participate in an exchange of information
with the National Marine Fisheries Service of the
United States Department of Commerce, including
cooperation in studies of—
‘‘(A) the impact of cetaceans on ecologically related human foodstuffs, and
‘‘(B) alternative methods of dealing with cetacean
problems as they occur;
‘‘(3) to cooperate in establishing an international
cetacean commission to advance understanding of cetacean life and to insure the effective conservation
and protection of cetaceans on a global scale; and
‘‘(4) to adopt comprehensive marine mammal protection legislation.’’

§ 1362. Definitions
For the purposes of this chapter—
(1) The term ‘‘depletion’’ or ‘‘depleted’’ means
any case in which—
(A) the Secretary, after consultation with
the Marine Mammal Commission and the
Committee of Scientific Advisors on Marine
Mammals established under subchapter III of
this chapter, 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 section 1379
of this title, 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.].
(2) The terms ‘‘conservation’’ and ‘‘management’’ mean the collection and application of biological information for the purposes of increasing and maintaining the number of animals
within species and populations of marine mammals at their optimum sustainable population.
Such terms include the entire scope of activities
that constitute a modern scientific resource program, including, but not limited to, research,
census, law enforcement, and habitat acquisition and improvement. Also included within
these terms, when and where appropriate, is the
periodic or total protection of species or populations as well as regulated taking.
(3) The term ‘‘district court of the United
States’’ includes the District Court of Guam,
District Court of the Virgin Islands, District
Court of Puerto Rico, District Court of the
Canal Zone, and, in the case of American Samoa
and the Trust Territory of the Pacific Islands,
the District Court of the United States for the
District of Hawaii.
(4) The term ‘‘humane’’ in the context of the
taking of a marine mammal means that method
of taking which involves the least possible degree of pain and suffering practicable to the
mammal involved.

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(5) The term ‘‘intermediary nation’’ means a
nation that exports yellowfin tuna or yellowfin
tuna products to the United States and that imports yellowfin tuna or yellowfin tuna products
that are subject to a direct ban on importation
into the United States pursuant to section
1371(a)(2)(B) of this title.
(6) The term ‘‘marine mammal’’ means any
mammal which (A) is morphologically adapted
to the marine 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 this chapter, includes any
part of any such marine mammal, including its
raw, dressed, or dyed fur or skin.
(7) The term ‘‘marine mammal product’’
means any item of merchandise which consists,
or is composed in whole or in part, of any marine mammal.
(8) The term ‘‘moratorium’’ means a complete
cessation of the taking of marine mammals and
a complete ban on the importation into the
United States of marine mammals and marine
mammal products, except as provided in this
chapter.
(9) The term ‘‘optimum sustainable population’’ means, 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.
(10) The term ‘‘person’’ includes (A) any private person or entity, and (B) any officer, employee, agent, department, or instrumentality of
the Federal Government, of any State or political subdivision thereof, or of any foreign government.
(11) The term ‘‘population stock’’ or ‘‘stock’’
means a group of marine mammals of the same
species or smaller taxa in a common spatial arrangement, that interbreed when mature.
(12)(A) Except as provided in subparagraph (B),
the term ‘‘Secretary’’ means—
(i) the Secretary of the department in which
the National Oceanic and Atmospheric Administration is operating, as to all responsibility,
authority, funding, and duties under this chapter with respect to members of the order Cetacea and members, other than walruses, of the
order Pinnipedia, and
(ii) the Secretary of the Interior as to all responsibility, authority, funding, and duties
under this chapter with respect to all other
marine mammals covered by this chapter.
(B) in 1 section 1387 of this title and subchapter
V (other than section 1421f–1 of this title) the
term ‘‘Secretary’’ means the Secretary of Commerce.
(13) The term ‘‘take’’ means to harass, hunt,
capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.
(14) The term ‘‘United States’’ includes the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa,
Guam, and Northern Mariana Islands.
1 So

in original. Probably should be capitalized.

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