Chapter II 
THE MARINE MAMMAL PROTECTION ACT 
AND RELATED LEGISLATION 
The Marine Mammal Protection Act was originally 
enacted in 1972. Since then, the Act has been re- 
authorized and amended several times, most recently 
in 1988. The Act is due to be reauthorized in 1993. 
1988 Amendments to the 
Marine Mammal Protection Act 
In addition to reauthorizing the Marine Mammal 
Protection Act through Fiscal Year 1993, the 1988 
legislation amended several provisions of the Act. 
Foremost among the amendments was the enactment 
of a five-year interim exemption from the Act’s 
prohibition on taking marine mammals, which autho- 
rizes the taking of marine mammals incidental to 
commercial fishing operations. Implementation of the 
interim exemption and efforts to develop a new 
regime for governing the incidental taking of marine 
mammals when the interim exemption expires on 1 
October 1993 are discussed in Chapter IV. 
The Act’s provisions governing the taking of 
marine mammals incidental to the eastern tropical 
Pacific tuna fishery were also amended in 1988. The 
amendments placed additional restrictions on U.S. 
fishermen participating in the fishery and strengthened 
the comparability requirements for fishermen from 
other countries that export yellowfin tuna to the 
United States. Implementation of the amendments 
with respect to the tuna fishery are also discussed in 
Chapter IV. 
Another amendment enacted in 1988 created a new 
permit category for activities designed to enhance the 
survival or recovery of a marine mammal species or 
stock. Provisions applicable to scientific research and 
public display permits were also amended. Implemen- 
tation of the amendments is discussed in Chapter XI. 
In addition, the 1988 amendments added a new 
section to the Act, setting forth procedures for review- 
ing the status of marine mammal populations and for 
making depletion determinations. The new section 
also requires the preparation of conservation plans for 
any species or stock designated as depleted unless it is 
determined that such a plan will not promote the 
conservation of the species or stock. The Secretary of 
Commerce was specifically directed to prepare a 
conservation plan for northern fur seals by 31 Decem- 
ber 1989 and one for Steller sea lions by 31 De- 
cember 1990. Status determinations for particular 
species and steps taken to prepare conservation plans 
are discussed in Chapters III and VIII. 
1992 Amendments to the 
Marine Mammal Protection Act 
Four laws enacted in 1992 amended provisions of 
the Marine Mammal Protection Act. Public Law 102- 
251, enacted on 9 March 1992, implements the 
Maritime Boundary Agreement between the United 
States and the Union of Soviet Socialist Republics, 
which settled a boundary dispute regarding national 
jurisdiction in the Bering Sea. The amendment to the 
Act modifies the definition of “waters under the 
jurisdiction of the United States.” 
The International Dolphin Conservation Act of 
1992, Public Law 102-523, was enacted on 26 Octo- 
ber 1992. That Act adds a new Title III to the Marine 
Mammal Protection Act. As discussed in Chapter IV, 
the Act calls upon the Secretary of State, in consulta- 
tion with the Secretary of Commerce, to negotiate 
international agreements to establish a global morato- 
rium on the practice of setting purse seine nets on 
dolphins and other marine mammals in order to catch 
tuna. Nations that enter into and abide by such 
