was last reauthorized in 1994 by P.L. The authorization of appropriations under the MMPA expired at the end of FY1999. At issue for Congress are the terms and conditions of provisions to reauthorize and amend the MMPA to address a variety of concerns related to marine mammal management. This report identifies these concerns and provides background to facilitate a better understanding of various positions on these issues. Fish and Wildlife Service in P.L. Issues for Congress

The remainder of this report reviews issues that may be raised during discussions on reauthorizing the MMPA. Some of these issues could be addressed administratively, in regulations implemented by NMFS, FWS, or the Animal and Plant Health Inspection Service (APHIS, Department of Agriculture). Marine Mammals in Captivity

While some issues involving marine mammals in captivity discussed in this section may require amendment of the MMPA, many of these issues could also be addressed under the authority of the Animal Welfare Act (AWA) or be addressed administratively in regulations implemented by APHIS (Department of Agriculture). For this reason, the effect of noise on marine mammals is subject to much speculation, presumption, and misinformation. Marine mammal scientists suggest that Congress may want to consider the benefits of encouraging international cooperative relationships on marine mammals by U.S. agencies. Directed Research Program

Although the MMPA emphasizes research, it does not create a national integrated marine mammal research program. Some critics suggest that the MMPA be amended to direct an external panel (e.g., the Marine Mammal Commission or the National Academy of Sciences) to carefully review the programs and procedures of federal management agencies for potential conflicting interests among their management, regulation, permit administration, scientific research, and funding roles with respect to marine mammals, and recommend actions that should be taken to address any problems identified. The requirements of the MMPA itself did not expire when the authorization of appropriations expired at the end of FY1999. The same subcommittee held a second oversight hearing on April 6, 2000, specifically on the implementation of the 1994 amendments related to the take reduction process, cooperative agreements with Alaska Native organizations, and co-management of subsistence use of marine mammals by Alaska Native communities. No further action was taken. The House passed H.R. Title IV of S. 1224 would have amended the MMPA to encourage development of fishing gear less likely to take marine mammals, expanded fisheries required to participate in the MMPA incidental take program to include recreational fisheries, and authorized appropriations for stock assessments and observer programs; in addition, Title III (Subtitle C) directed negotiation of international agreements to better protect cetaceans from commercial fishing gear and authorized a grant program to develop less harmful fishing gear.
The Marine Mammal Protection Act (MMPA) was last reauthorized in 1994. The MMPA's authorization of appropriations expired at the end of FY1999. At issue for Congress are the terms and conditions of provisions designed to reauthorize and amend the MMPA to address a variety of concerns relating to marine mammal management. In the 109th Congress, the House passed a bill to reauthorize and amend the MMPA, but no further action was taken on this measure. The 110th Congress may again consider measures to amend and reauthorize the MMPA as well as bills to address specific marine mammal regulatory and management issues.
Several issues that may arise in reauthorization relate to modifying management of the interactions between marine mammals and commercial fishing operations. Other concerns relate to marine mammals in captivity and subsistence use of marine mammals by Native Americans. Additional issues include providing for trade in marine mammal products, managing robust marine mammal stocks, understanding the effect of noise on marine mammals, fostering international cooperation, regulating large incidental takes, modifying the scientific research permit process, improving agency compliance with MMPA deadlines, facilitating marine mammal research by federal scientists, dealing with harassment of marine mammals, considering a directed research program, and appropriating adequate funding for federal agency programs. While some of these issues could be addressed administratively, in regulations proposed and promulgated by the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, or the USDA Animal and Plant Health Inspection Service, others likely would require statutory changes.
Most potential participants in the reauthorization debate anticipate extended negotiations on some of these issues. Although the authorization for appropriations expired at the end of FY1999, the MMPA itself did not expire. Eventually, however, an extension of funding authority may need to be considered to continue federal program operations. Most of the issues associated with this law are not time-sensitive, and a number of oversight hearings have been held to increase understanding of various issues, positions, and possibilities.
This report lays out the range of issues likely to be raised during any reauthorization debate, the reasons behind them, and possible proposals that could be offered to address these concerns. This report will be updated as warranted to reflect the evolution of these issues.