Marine Mammals

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Titlesort ascending Summary
Shelby PROIE; Karen Munro; Patricia Sykes; Animal Legal Defense Fund, a non-profit corporation; and People for the Ethical Treat


This case challenges a decision by the National Marine Fisheries Service to exclude from the listing of the Southern Resident killer whale population all captive members of that population and their progeny. By excluding the captive members from the endangered species list under the Endangered Species Act, plaintiffs contend that NMFS has failed to protect these animals from being harmed, harassed, and even killed, as otherwise prohibited under the ESA, and has acted in a manner that is arbitrary and capricious, an abuse of discretion, and not in accordance with law, within the meaning of the APA.
Scotland - Wildlife - Nature Conservation (Scotland) Act 2004
Scotland - Wildlife - Marine (Scotland) Act 2010
Reviewing The Marine Mammal Protection Act Through a Modern Lens This paper will focus primarily on examining the Marine Mammal Protection Act and provide a review of its major provisions that were established to protect those species who heavily rely on oceanic and freshwater ecosystems. The first section will outline the original Marine Mammal Protection Act created in 1972 and what pertinent language set the foundation for what is still in play today. The second section will look at the 1994 amendments and revisions to the 1972 Act, looking at the added and clarified language in the face of growing concerns for the Act’s enforcement. The final section frames the current situation of the MMPA. This section will also consider two species, the polar bear and manatee, and relevant MMPA rules for both terrestrial marine mammals and aquatic marine mammals. Scientific studies have explained climate change impacts marine mammals in four tiers, intertwining broad effects with species-specific ones. Over the last 50 years, the MMPA has done wonderful things to protect marine mammals especially when it comes to working in tandem with the 1973 Endangered Species Act. The MMPA has protected population stocks of some of the most important marine mammals but may not be as effective in protecting those species when faced with the rapid development of climate change and subsequent effects on habitats.
Resurrecting the International Whaling Commission: Suggestions to Strengthen the Conservation Effort


One of the failures of the IWC is the inability to punish infractions. The United States has unilaterally enacted two pieces of legislation intended to augment the enforcement power of the IWC through import and fishing sanctions against countries who violate the regulations set
forth by the IWC. These unilateral amendments have failed in the protection of whales.
RECONCILING POLAR BEAR PROTECTION UNDER UNITED STATES LAWS AND THE INTERNATIONAL AGREEMENT FOR THE CONSERVATION OF POLAR BEARS
Progressive Animal Welfare Society v. Department of Navy


The Progressive Animal Welfare Shelter ("PAWS") and fourteen other environmental and animal rights groups brought this action for a preliminary injunction against the Navy's plan to "deploy" Atlantic bottlenose dolphins at the Bangor submarine base.
Problems and Prospects for the Pelagic Driftnet


A direct impact of the pelagic driftnet is the incidental taking of marine mammals. Pelagic driftnet fisheries are conducted by vessels from Japan, Taiwan and the Republic of Korea. The incidental taking of marine mammals within the Fishery Conservation Zone by the Japanese fleet is subject to regulation under the Marine Mammal Protection Act.
Polar Bears
Permitting Pluralism: The Seal Products Dispute And Why The WTO Should Accept Trade Restrictions Justified By Nonintsrumental Mo


In response to the 2009 European Union (EU) ban on the import and export of most products made from seals, Canada and Norway, as large producers of seal products, have initiated proceedings against the EU for violating World Trade Organization (WTO) law. The authors of this law review, Robert Howse and Joanna Langille, promote the EU’s position and argue that animal welfare has long been a genuine motivation for legislation. More specifically, the authors of this law review argue that expressions of a community’s moral and spiritual belief are a legitimate basis for trade restriction.

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