Opinion-Editorial
For Immediate Release: October 27, 2004

October 2004 marked the 32nd anniversary of the Marine Mammal Protection Act, one of the nation’s premier conservation laws. Sadly, efforts are underway in Congress to undermine the MMPA and the Endangered Species Act by greatly weakening longstanding federal protections of Florida manatees and many other marine mammals. Led by some members of the Florida delegation to the House of Representatives and in particular, Congressman Adam Putnam, pushing the interests of industry, which sees these federal laws as too cumbersome, proposed amendments to the MMPA would prevent marine mammal species from being protected under both laws. In other words, if species are listed as endangered or threatened under the ESA, they would no longer be protected from being “taken” – i.e. killed, injured, or harassed – under the MMPA.

This outrageous proposal conflicts with thirty years of federal conservation law; undermines the conservation of manatees, Gulf sperm whales, Northern right whales, Steller sea lions, Hawaiian monk seals, and other imperiled marine mammals; and would result in an arbitrary, irrational legislative scheme under which non-endangered marine mammals are entitled to more protection from human activities than endangered marine mammals.

The MMPA was intentionally designed to afford all marine mammals (whether endangered or not) with broader protections than the ESA provides for species listed as endangered or threatened. The objectives of the MMPA go far beyond bringing species back from the brink of extinction, which is the goal under the ESA. The MMPA is designed to achieve optimum “sustainable” populations of marine mammals because of their aesthetic, recreational, and economic value to the nation.

Spurred on from a lawsuit by Florida Marine Contractors Association (FMCA), the amendments to the MMPA have not yet gotten out of the House Resources Committee. It is likely that any serious attempt to push these amendments or other deleterious anti-environmental legislation through Congress will resume after the November elections. Marine mammals have always been special to Americans. They deserve to continue to receive MMPA protections. To do otherwise would be a breach of the public's trust.

Ironically, November is “Manatee Awareness Month” in Florida. Lets hope that decree turns out to be more than just lip service.