Marine Mammal Protection Act (MMPA)

Legislation providing for the protection of all marine mammals. The Act (16 USC 1361 et seq.) prohibits the hunting, killing, capture, and/or harassment of marine mammals, as well as the import, export, and sale of marine mammals, within the United States. Authority under the MMPA is divided between the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS). A third agency, the Marine Mammal Commission, was established to review and make recommendations on the policies and actions of the USFWS and NMFS related to their implementation of the MMPA. The full suite of MMPA regulations promulgated by the USFWS is available at 50 CFR 18. The full suite of MMPA regulations promulgated by the NMFS is available at 50 CFR 216.

Regulations Applicable to Energy Development

The entire suite of MMPA regulations may be applicable to energy development activities in or adjacent to the marine environment. The USFWS has responsibility for the conservation and management of sea and marine otters, walrus, polar bear, 3 species of manatees, and dugong. The NMFS has responsibility for the conservation and management of pinnepeds other than walrus (i.e., seals and sea lions) and cetaceans (whales and dolphins).

• USFWS MMPA Regulations (50 CFR 18)
  Regulations issued by USFWS implementing MMPA requirements
• NMFS MMPA Regulations (50 CFR 216)
  Regulations issued by NMFS implementing MMPA requirements

Relevant Web Site(s)

• USFWS Marine Mammals
  Provides information about the USFWS marine mammal program
• NMFS’s Marine Mammal Protection Act Web Site
  Provides information about the National Marine Fisheries Service MMPA program and regulations
• Marine Mammal Commission
  Provides information on the Marine Mammal Commission, including relevant information on the conservation and protection of marine mammals and their ecosystems