Marine Mammals

Displaying 111 - 120 of 174
Titlesort ascending Summary
DOLPHIN-SAFE TUNA: THE TIDE IS CHANGING
Dolphin Protection and the Marine Mammal Protection Act Have Met Their Match: The General Agreements of Tariffs and Trade


This article explores the conflict between conservation and the policy of free trade. The author concludes that the Tuna/Dolphin cases represented the inevitable clash between two laudable goals- environmental protection and free-trade. Resolution of this conflict and future conflicts can only come from the incorporation of both of these objectives into one global regime.

Did United States v. Hayashi Fail to Provide a Safe Harbor for Marine Mammals Under the Marine Mammal Protection Act?


This article examines the holding in United States v. Hayashi and concludes that by narrowly defining what constitutes "harm" under the MMPA, the Ninth Circuit ignored the plain meaning of the term, the legislative history of the MMPA and the regulations interpreting the MMPA. Moreover, the Ninth Circuit's holding in Hayashi allows fishermen to harass marine mammals as long as the action does not seriously disrupt normal marine mammal behavior.

Detailed Discussion: The Global Protection of Whales


This discussion of whales focuses on the global protection of whales, beginning with the International Whaling Commission and the problems arising from legally permitted whaling. The second section involves the United States and International laws protecting whales, beginning with the Marine Mammal Protection Act,the Endangered Species Act and Treaty of CITES. The third section involves additional threats to whales, focusing on the problems of fishing nets, pollution, ship collisions, and whale watching and how human actions can have an effect on whale populations.

Detailed Discussion on Whaling Much of today's discussions about whaling are centered on Japan's program in the Antarctic. While some organizations like Sea Shepherd have taken a direct action approach to ending Japan's hunt, some organizations and countries have pursued legal approaches to doing so. Both approaches have seen some success, but the future of whaling remains uncertain.
Detailed Discussion of Polar Bears and the Laws Governing Them in the Five Arctic States


This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats.

Detailed Discussion of Legal Implications of Dolphin and Human Interactions This article explores recent legal and regulatory issues associated with dolphins both in the wild and in captivity. It pays special attention to areas involving human-dolphin interaction, such as entertainment, research, and therapy. It also explores current regulatory issues in the United States related to both swim-with dolphins encounters. It concludes by examining larger themes drawn from each of these areas.
Detailed Discussion of Laws Concerning Orcas in Captivity


This discussion focuses on the use of orca whales in captivity and the laws and regulations that govern such use. It then analyzes the legal issues these facilities face as a consequence. Specifically, this article examines the application of regulations associated with the Animal Welfare Act, Marine Mammal Protection Act, and the self-regulation of aquatic animal parks and zoos. It then concludes by examining some actual case studies involving captive whales. Finally, the future of orcas in captivity is discussed with both the pros and cons of housing these creatures.

Detailed Discussion of Dolphins Under the MMPA


This discussion analyzes the historical significance and legislative history of the Marine Mammal Protection Act and the Act's effectiveness in protecting dolphins. Included in the topics are international efforts in dolphin conservation and more recent concerns of human interaction with dolphins.

Detailed Discussion of Dolphin Drive Hunts


This article discusses the method of dolphin drive hunting, particularly in Japan, and the conventions and agreements that may potentially provide the best protection for dolphins from these hunts. It also discusses the welfare issues surrounding the hunting methods and the Japanese cultural interest in maintaining the hunts.

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