2 replies to this topic

[markh]

Taken from the MMPA of 1972:

http://www.nmfs.noaa.../MMPA/MMPA.html

The MMPA established a moratorium, with certain exceptions, on the taking of marine mammals in U.S. waters and by U.S. citizens on the high seas, and on the importing of marine mammals and marine mammal products into the United States.

Definitions:
Take:
The term "take" is statutorily defined to mean "to harass, hunt, capture, or kill, or attempt to harass, hunt, capture or kill any marine mammal."

Harassment

Under the 1994 amendments, the Congress statutorily defined and divided the term "harassment" to mean any act of pursuit, torment, or annoyance which --

Level A Harassment- has the potential to injure a marine mammal or marine mammal stock in the wild; or
Level B Harassment- has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption or behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering.

I know there has been a lot of discussion regarding shark feeding and the like recently, and I do not want to stir up another debate but am I right in saying that this ACT renders it unlawful for any such activity in US waters?

Any lawyers out there who can clarify?

I repeat this is for myself and not intended to start a debate.

Mark

[MikeO]

Unfortunately for sharks (at least in this case), they aren't mammals. For sharks, the only thing outlawed by the US government, as far as I know, is the specific practice of finning. Still OK to fish for them, shoot them, etc., I guess. Obviously, more protections may exist in National Parks or where additional, more restrictive, laws have been passed by individual states.

Mike

[wetpixel]

I'm also pretty sure that the MMPA says that it's illegal to feed a marine mammal to a shark.