Whales: Related Statutes
|Statute by category||Citation||Summary|
|CA - Marine - Chapter 10.5. Marine Life Protection Act.||West's Ann. Cal. Fish & G. Code § 2850 - 2863||
In this act, the California Legislature finds and declares a need to reexamine and redesign California's marine protected area systems to increase its effectiveness at protecting the state's marine life, habitat, and ecosystems. To improve the design and management of that system, the Marine Life Protection Program was adopted. A few of the Program's goals are to protect the natural diversity and abundance of marine life, to help sustain, conserve, and protect marine life populations, and rebuild those that are depleted.
|Colombia, Ley 1348, 2009||Ley 1348, 2009||This law adopts the "International Convention for the Regulation of Whaling" signed in Washington D.C. on December 2, 1946 and the Protocol to the International Convention for the Regulation of Whaling signed in Washington D.C. on November 19, 1956. Colombia is one of the 89 countries that are part of the International Whaling Commission (IWC). This Commission is an intergovernmental organization that seeks to implement measures aiming for the conservation of whales and the regulation of whaling. Colombia joined this commission in 2011.|
|Ley 23.094, 1984||Ley Nacional 23.094/84||This law declares the southern right whale a natural monument within Argentine jurisdictional waters and subject to the rules established by Law No. 22.351, which regulates the concerning procedures for the declaration of national parks, natural monuments, and national reserves.|
|Ley 25.052, 1998||Ley 25.052||Ley 25.052/98 prohibits the hunt or capture of orca whales (Orcinus orca) by nets or by the forced stranding system. The penalty for violating this law will result in fines starting from one million Argentine pesos, and up to two million pesos when the capture resulted in the death of the specimen. The Secretary of Natural Resources, through the Direction of Ictícolas and Acuícolas Resources, are the authorities in charge of the application of this law. The Naval Prefecture of Argentina is the authority that exercises police power, and federal justice will know of the complaints made by the enforcement authority, the police authority, or any citizen or non-governmental institution.|
|Ley 25.577, 2002||Ley 25.577||Ley 25.577/02 prohibits the hunting and intentional capture of any of the cetaceans listed in the appendant of the same law. The authority in charge of enforcing this law is the Secretariat of Sustainable Development and Environmental Policy of the Ministry of Social Development and Environment of the Nation, which will establish the measures to minimize the incidental capture of the cetaceans listed in the appendant. The authority also establishes exceptions to hunting and intentional capture when they have scientific or educational objectives, or when the purpose is the conservation of the species. Ley N° 25.052 regulates the hunting and intentional capture of the orca species.|
|US - Fisheries - Packwood-Magnuson Amendment||16 USC 1801 - 1803||
Aim of statute is the development of United States' controlled fishing conservation and management program designed to prevent overfishing and to rebuild depleted stock.
|US - Fisheries - Pelly Amendment (§ 1978)||22 USC 1978||
Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs
|US - Marine Mammal Protection Act - Table of Contents||16 USC 1361 - 1421h||
The Marine Mammal Protection Act (MMPA) is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals. This document provides a table of contents for the Marine Mammal Protection Act (MMPA) with links to the specific statutory sections.
|US - MMPA - Legislative History of 1972||U.S.C.C.A.N. 4144, 1971 WL 11285 (Leg.Hist.)||
This document contains most of the legislative history surrounding the 1972 adoption of the Marine Mammal Protection Act.
|US - Whales - Chapter 14A. Whale Conservation and Protection.||16 U.S.C.A. § 917 - 917d||
These statutes extended federal authority and responsibility over the conservation and protection of all mammals including certain species of whales. The statutes also granted the Secretary of Commerce with authority to complete a comprehensive study of all whales in an effort to conserve and protect them effectively.
|US - Whales - Whaling Convention Act||16 U.S.C.A. § 916 - 916l||
These federal statutes describe the Whaling Convention Act which granted authority to the Secretary of State and the Secretary of Commerce for regulation. The Act makes it unlawful for any person in the United States to engage in whaling, transporting, or selling any whale or whale products, that are taken or processed in violation of the Act. The Act also prohibits other unlawful conduct such as whaling without a license and failing to keep required returns, records, and reports. Finally, the Act provide penalties for violations including a fine of not more than $10,000, imprisonment of not more than one year, or both. In addition the court may prohibit such person from whaling for a period of time.
|WA - Orca - 77.15.740. Protection of southern resident orca whales--Penalty||West's RCWA 77.15.740||
Under this Washington statute, it is unlawful to feed, intercept, or approach within three hundred feet of a southern resident orca whale, with exceptions. A violation is a natural resource infraction and carries a fine of five hundred dollars, not including statutory assessments added pursuant to RCW 3.62.090.