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other animals and animal products which move in interstate 

 commerce." 12 Section 2(6) sets forth the MMPA's foremost 

 objective by stating that "it is the sense of the Congress 

 that [marine mammals] should be protected and encouraged to 

 develop to the greatest extent feasible commensurate with 

 sound policies of resource management and that the primary 

 objective of their management should be to mainta in the health 

 and stability of the marine ecosystem ." 13 



Section 3 also incorporates ecosystem protection. The 

 MMPA defines "Optimum Sustainable Population" ("OSP") , for 

 example, as "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." 14 



The Secretaries of the Interior and Commerce may, under 

 the MMPA, authorize takings incidental to certain activities. 

 The appropriate Secretary may also authorize directed takings. 

 When requested to do so by individuals who participate in an 

 activity other than commercial fishing, the appropriate 

 Secretary may permit incidental takings of small numbers of 

 marine mammals if they are controlled by regulations "setting 



12 Id. S 1361(5) (B). 



13 Id. S 1361(6) (emphasis added). 



14 Id. S 1362(9). 



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