Marine Mammal Protection Act Implementation in an Era of Climate Change
Book Chapter, Ocean and Coastal Law in the Climate Change Context: Domestic and International Regulator Challenges, Oxford University (2014)
22 Pages Posted: 12 Mar 2015 Last revised: 9 Sep 2015
Date Written: 2014
Abstract
This chapter explores the history of the Marine Mammal Protection Act (MMPA), revealing an evolving, data-intensive and species-specific adaptive approach to marine mammal protection and regulation. The MMPA ultimately embraces the “precautionary principle,” prohibiting human actions from taking marine mammals unless otherwise authorized by the federal agencies and supported by adequate information. Consequently, this chapter also considers how climate change may affect the implementation of the MMPA. In the context of U.S. ocean management, and in the absence of statutory reform, the uncertainties of a changing climate will conflict with the MMPA’s rigid prohibitions of harm or harassment to marine mammals. Difficult decisions lie ahead as to how our nation will reconcile marine mammal protection with other competing policy needs.
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