186 



health of marine mammals and marine mammal populations, in the 

 wild, with available data on physical, chemical, and 

 biological environmental parameters." 18 This amendment, passed 

 partly in response to die-offs of bottlenose dolphins on the 

 East Coast in the late 1980' s, constitutes legislative 

 recognition of the dependence of the health of marine mammals 

 on the health of their environment. 



As these statutory references demonstrate, Congress 

 frequently recognized the relationship between marine mammal 

 protection initiatives and the health and stability of the 

 marine environment. Nowhere is the MMPA, however, is the 

 federal government authorized or directed to take action 

 expressly for the purpose of protecting the marine ecosystem. 

 The significance of this lack of authority becomes even more 

 apparent when the legislative intent underlying the MMPA is 

 taken into account. 



B. LEGISLATIVE HISTORY REFERENCES TO ECOSYSTEM 

 PROTECTION 



The references to ecosystem protection in the text of the 

 MMPA are the outgrowth of extensive discussion about 

 environmental problems plaguing the marine environment voiced 

 throughout the debate on the original MMPA and its 

 reauthorizations. Indeed, these legislative history 



,8 16 U.S.C.A. S 1421(b)(2) (West Supp. 1993), 



[19653-O001/DA94O590 060] -16- 



