Ocean Resources and U.s. Intergovernmental Relations in the 1980s by unknow

Author:unknow
Language: eng
Format: epub
Tags: Science, Environmental Science, Nature, Environmental Conservation & Protection
ISBN: 9780813371801
Google: SYURAAAAYAAJ
Goodreads: 3769764
Publisher: Westview Press
Published: 1986-10-20T00:00:00+00:00

The Contemporary Context of Marine Mammal Management

Wilson (1980) hypothesized in the Politics of Regulation that the emergence of regulatory structures can often reflect the "entrepreneurial" activities of pressure groups, particularly when the benefits of the policy are dispersed while the costs are borne by a small segment of society (Tilt 1985b). The enactment of the Marine Mammal Protection and Endangered Species Acts (MMPA, ESA)--the principal domestic means for regulating and managing marine mammals--especially reflect the entrepreneurial successes of a small group of dedicated conservationists. The continued effectiveness of this entrepreneurial activity is indicated by various reauthorizations of the acts despite public support for the harvesting of nonendangered cetaceans (Kellert 1980b), and a highly unfavorable trade balance with Japan, America's principal antagonist on international marine mammal policy. It is also relevant to note that marine mammals are among the only group of animals, aside from migratory birds, to receive special protective legislation (Bean 1978).

In addition to the MMPA and ESA, a variety of less critical acts and international agreements affect the conservation and management of marine mammals. In general, three types of intergovernmental relationships exist: legislation governing diverse federal agencies and departments, laws affecting the relationship of federal and state governments, and international treaties involving American trade and commerce relationships with other countries.

The Marine Mammal Protection Act is certainly among the most ambitious, comprehensive, and controversial wildlife laws ever enacted. The MMPA was passed in 1972, following the enactment of the first Endangered Species Act of 1969; the MMPA's most recent congressional reauthorization was in 1983. The critical elements of the act include (GAO 1981):

A moratorium on the taking of marine mammals, although an exemption process exists in relation to the incidental impacts of commercial fishing activities, collecting for scientific research and display, and traditional subsistence activities of indigenous peoples.

The preemption by the federal government of state authority for managing marine mammals, although a procedure has been established for restoring individual state control.

Dual management roles assigned to both the Departments of Commerce and Interior, with the former (through the National Marine Fisheries Service) responsible for the cetacea and pinnipedia (except the walrus), and the latter (through the Fish and Wildlife Service) assigned the management of the sirenia, walrus, sea otter, and polar bear.

A very broad definition of the "taking" notion, including not only direct effects of hunting, capturing, and killing, but also the indirect impacts of harassment and habitat degradation (including activities such as motorboat operation, oil well drilling, and a wide variety of acts adversely affecting the habitat or behavior of marine mammals).

Maintenance of marine mammal populations at "optimum sustainable" levels, including consideration of each species' contribution to the "health and stability" of marine ecosystems.

Creation of an independent Marine Mammal Commission, assisted by a Committee of Scientific Advisors, to provide information and recommendations to the Secretaries of Commerce and Interior regarding marine mammal management.

Authority to prohibit the importation of marine products from nations in violation of the policies of the MMPA and, relatedly, the right to rescind the fishing privileges of countries in violation of the act within the 200--mile American offshore economic zone.

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