Tag Archives: MMPA

Humaneness of “taking” under the Marine Mammal Protection Act

My testimony at the October 12, 2012, public hearing provided by the National Oceanic and Atmospheric Administration, regarding the application of the Georgia Aquarium to import 18 wild-caught beluga whales.

Good afternoon.  My name is Martha Brock.  I am from Atlanta, Georgia, and I am an environmental attorney.  Why I am standing here today, however,  stems from somewhere else.  I was a volunteer at the Georgia Aquarium on the Aquarium’s opening day because of my love for marine life and the water environment.  I continued to volunteer for over a year.  Until the whales and the whale sharks began dying.

Because I am an attorney, perhaps, I love words and ensuring that we follow the meanings of those words as intended.  I apologize to those for whom this is infinitely boring.

The regulations promulgated by NOAA that implement the Marine Mammal Protection Act specifically prohibit the importation of marine mammals “taken” in an “inhumane” manner.

“Humane” is defined as the method of taking, import, export, or other activity which involves the least possible degree of pain and suffering practicable to the animal involved.

“Take” which rather obviously includes the hunting process as well as the capturing process, also includes the “restraint” or “detention” of a marine mammal, “no matter how temporary,” and I think the corollary must be, no matter how long.

The burden is on NOAA to consider the facts as to these 18 beluga whales – that is, to “the animal involved” – requested to be imported into the United States and held in “detention” at the Georgia Aquarium and the other aquariums/marine parks involved.  That is, there is no generalized presumption of humaneness.  It must be demonstrated by the applicant for each animal and determined to be so by NOAA, for each animal.

But not only must this determination be made for each animal, it must be made for each aspect of “taking” as defined.  That is, NOAA must make this determination for the

  • hunting
  • capturing
  • detention
  • transporting
  • detention
  • transporting
  • detention
  • transporting
  • detention

that is, for each step of the process, including the detention as a result of the importation.

Further, in evaluating “humaneness” in all of these steps as to each individual animal, while no hard line exists in the regulation to quantify the mortality numbers that would be instructive in making this determination, it would be reasonable of NOAA to find that a high percentage of mortality may indicate that one of those stages was, in fact, inhumane.

In the not quite seven years that the Georgia Aquarium has been open to the public, it has detained, held in “detention,” nine beluga whales.

Four of them are now dead.

I urge NOAA to consider the life-cycle, if you will, embodied in the term “take” and deny the Georgia Aquarium’s application to import 18 wild beluga whales.

Thank you.

So, for those who were not present at the hearing, let me just say that it was so good to be among those who are giving their all to protect the rights of whales and dolphins to live free lives, to live their life in the wild, as they were created and designed by this magnificent world.

Please leave a comment for NOAA on the NOAA website or by other methods explained on the website, expressing why NOAA must deny the permit, making it, you know I’m gonna say it, the MOST COMMENTED-ON FEDERAL REGISTER NOTICE EVER!

Beluga whales in the wild

Belugas in the wild live in familial and social groups with, quite frankly, more stability and longevity than those for most humans.