Stellwagen Bank FEIS/MP Appendices Pqge B3 



Marine Mammal Protection Act (MMPA), 16 U.S.C. §§ 1361 et seg. 



The MMPA provides protection to marine mammals in both State waters and the waters beyond. It is designed 

 to protect all species of miirine mammals. As specified in the MMPA, the Department of Interior, U.S. Fish 

 and Wildlife Service (FWS), is responsible for the management of polar bears, walrus (a pinniped), northern and 

 southern sea otters, three species of manatees, and dugong; and Department of Commerce, National Marine 

 Fisheries Service (NMFS), is responsible for all other marine mammals. The Marine Mammal Commission 

 advises these implementing agencies and sponsors relevant scientific research. The primary management features 

 of the Act include: 1) a moratorium on "taking" of marine mammals; 2) the development of a management 

 approach designed to achieve an "optimum sustainable population" (OSP) for all species or population stocks 

 of marine mammals; and 3) protection of populations determined to be "depleted". 



MMPA defines "take" broadly to include "harass, hunt, capture, or kill, or attempt to hEirass, hunt, capture, or 

 kill any marine mammal" (16 USC §1362(12)). The term "harass" has been interpreted to encompass acts 

 unintentionally adversely affecting marine mammals, such as operation of motor boats in waters in which these 

 animals are found. The MMPA aUows certain exceptions to the moratorium. First, the Secretary may issue 

 permits for public display or scientific research. Second, the Secretary may grant exemptions for takes of small 

 numbers of marine mammals incidental to other lawful activities. Third, the Secretary may make a special waiver 

 of the moratorium on taking for particular species or populations of marine mammals provided that the species 

 or population being considered is at or above its determined optimum sustainable population. No such waiver, 

 however, has been granted concerning any marine mammal found in the area under consideration. 



Marine mammal species whose population is determined to be depleted receive additional protection. Under 

 only limited circumstances may permits be issued for the taking of any marine mammal determined to be 

 depleted, including but not limited to scientific research and enhancing the survival or recovery of a species or 

 stock of depleted species. 



The 1988 amendments to the MMPA added requirements that observers be carried aboard commercial fishing 

 vessels to determine levels of incidental take of marine mammals. Commercial fishing activities are divided into 

 categories on the basis of gear-type and associated levels of potential incidental take of marine mammals. For 

 example. Category 1 vessels such as gillnetters may have to carry an observer if requested by NMFS and the 

 Secretary of Commerce may place observers on vessels in Categories 2 and 3 with the consent of the vessel 

 owner. This observer program has been in operation since early 1990 and although the authority for its 

 management is with the NMFS the day-to-day operational management may be delegated to state and local 

 authorities. 



Marine mammal species whose populations are determined to be "depleted" receive additional protection under 

 the MMPA. With the exception of scientific research permits, no permits for taking depleted species may be 

 issued. Species occurring within the area of the proposed Sanctuary which have been determined to be depleted 

 include the humpback whale, fm whale, northern right whale, sei whale, and blue whale, based on their 

 "endangered" status under the Endangered Species Act. 



Migratory Bird Treaty Act (MBTA) (16 USC §703 et seg.) 



The essential provision of the Migratory Bird Treaty Act, which implements conventions with Great Britain, 

 Mexico, the USSR and Japan makes it unlawful except as permitted by regulations "to pursue, hunt, take, 

 capture, kill... any migratory bird, any part, nest or egg" or any product of any such bird protected by the 

 Convention (16 USC §703). The Secretary of the Interior is charged with determining when, and to what extent, 

 if at all, and by what means to permit these activities. Each treaty establishes a "closed season" during which 

 no hunting is permitted. A distinction is made between game and nongame birds. The closed season for 



