Protecting a Valuable Resource
by Lynn Morgenstern
In 1972 Congress passed the Marine Mammal
Protection Act because human activities were causing
depletion and extinction of certain marine mammal species.
Marine mammals play an important role in maintaining
healthy marine ecosystems, and protecting them assures the
availability of ocean-based products into the future. Most
of the statute addresses concerns about the actual hunting
of marine mammals and fishing practices that kill or injure
them (for example, bycatch, nets, traps). However, the
act also covers protecting marine mammals in terms of
habitat and species survival activities, such as feeding and
breeding.
The National Marine Fisheries Service (NMFS),
which falls under the National Oceanic and Atmospheric
Administration (NOAA), explains the Act and its related
regulations in their written materials. The materials
state it is prohibited to “take” marine mammals, “take”
being defined to include harassment, hunting and capture.
Operating vessels that approach marine mammals and
“substantially alter” an animal’s behavior may be in
violation of the Act. Violations can result in fines up to
$20,000 and one year in jail.
In July 2008, federal authorities issued eight
citations carrying penalties up to $10,000 to boaters
charged with harassing dolphins in the Shrewsbury River
in New Jersey. The operators were running boats at
excessive speeds through a group of dolphins, something
Photograph courtesy of Jamie Rood
that could clearly disturb and threaten the animals. Many
people may not realize that in attempting to gain a closer
look, they could be separating mothers and their calves,
disrupting migratory patterns or interfering with feeding
and reproductive activities.
To prevent this NOAA recommends observing
dolphins from at least 50 feet and using binoculars or
telephoto lenses to get closer views. These rules are
intended to protect both humans and dolphins. Dolphins
have powerful tails and sharp teeth and, even if they do
not intend harm, can cause severe injuries to humans.
However, dolphins are at greater risk. When people feed
them, dolphins lose the inclination to hunt on their own.
They may approach humans, thereby risking injury and
death from fishing lines, trash, human food and boat
propellers. Interactions with people causes dolphins to
lose their natural wariness, making them easy targets for
vandalism and shark attacks.
The regulations under this Act specifically identify
the bottlenose dolphin (Tursiops truncates) as a depleted
species. There is no question the presence of these
magnificent creatures cannot be taken for granted. It is
everyone’s responsibility to protect this important and aweinspiring marine resource. n
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