The Marine Mammal Protection Act (MMPA) of 1972 (P.L. 92-522, as amended; 16 U.S.C. §§1361, et seq.) was last reauthorized in 1994 by P.L. 103-238 . The authorization of appropriations under the MMPA expired at the end of FY1999. The 104 th , 105 th , 106 th , 108 th , and 109 th Congresses enacted additional amendments addressing single or limited issues (see " Miscellaneous MMPA Amendments "); no MMPA amendments were enacted by the 107 th Congress. At issue for Congress are the terms and conditions of provisions to reauthorize and amend the MMPA to address a variety of concerns related to marine mammal management. Legislation introduced, but not enacted, in the 105 th , 106 th , 107 th , 108 th , and 109 th Congresses suggests a number of issues that may be discussed during a reauthorization debate. To identify a larger universe of potentially relevant concerns, the Congressional Research Service queried commercial fishing, scientific research, public display, animal protection, Native American, and environmental interests to identify issues that might surface during a reauthorization debate. This report identifies these concerns and provides background to facilitate a better understanding of various positions on these issues. These concerns, along with other factors, may be considered as Congress determines whether and how to address MMPA reauthorization. Other than recommendations contained in reports to Congress mandated by the MMPA Amendments of 1994 (discussed later in this report) and in testimony presented at a June 29, 1999 oversight hearing before the House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans, the Clinton Administration did not release any comprehensive proposals related to MMPA reauthorization. In the 109 th Congress, H.R. 4075 incorporated some of the MMPA amendments proposed by the Bush Administration. Congress has been active on marine mammal protection issues in recent years, responding primarily to balancing concerns of the commercial fishing industry and environmental interests. Congress generally views the MMPA as working well, but possibly needing changes to address an increasing number of concerns that have arisen since the 1994 amendments. In the House, the Committee on Natural Resources has jurisdiction over any MMPA reauthorization legislation. In the Senate, the Committee on Commerce, Science, and Transportation has jurisdiction over any legislation on this issue. An array of groups and individuals hold common and conflicting interests in our nation's marine mammals. Despite their diversity, they generally share the goals of ensuring sustainable marine mammal populations and maintaining healthy marine ecosystems. These groups, however, sometimes disagree about how best to achieve these goals and use these common resources, and thus, conflict is inevitable. As Congress considers reauthorization of the MMPA, these diverse groups will advocate a wide variety of policy proposals. There were more than 65,000 commercial fishing vessels estimated to be operating in U.S. marine fisheries in 2001, and 3,242 processor and wholesale plants employing 65,690 individuals in 2004. In 2005, the total catch of marine fish was more than 9.6 billion pounds, with an estimated ex-vessel value of more than $3.9 billion. For 2005, the overall economic contribution of commercial fishing to gross national product (in value added) was estimated to exceed $32.9 billion. This sector is chiefly concerned with ensuring sustainable fisheries that balance environmental protection with the continued short-term and long-term viability of the industry. An additional concern is how best to manage conflicts between increasingly abundant marine mammals and commercial fishing. Within this sector is a diverse group of interests, each with specific concerns regarding the rational use of living marine resources and the allocation of resources among user groups. These sectors divide according to scale of operation; type of activity (fishermen, catcher-processor, processor); type of fishing gear used (trawl, longline, gillnet, pots, seine); and location (inshore or offshore). More than 50 U.S. environmental and conservation organizations focus primarily or largely on marine issues. Membership in these groups ranges into the millions. With respect to the MMPA, environmental groups are principally concerned with the lack of assessment data for many managed stocks, the direct and indirect harm to less resilient marine species (including marine mammals), the protection of marine biodiversity, and the continuing loss of marine habitat. This community includes about 200 U.S. marine life parks, aquariums, and zoos dedicated to the conservation of marine mammals and their environments through public display, education, and research. The public display community has not taken a formal position on any of the issues raised in this report. More than 30 U.S. animal protection organizations have programs focusing on the protection of marine mammals and other marine species. Animal protection groups are concerned with impacts on individual animals as well as species, with harassment as well as killing and injury, and with captive as well as free-ranging animals. They share concerns with environmental groups regarding habitat loss and degradation, but are also concerned with intentional and incidental takes that result in animal suffering. Their key focus is on protection. Because of their culture, tradition, and subsistence needs, many tribes and indigenous groups are concerned about the management of marine mammals. Some Alaska Native groups are represented by commissions (e.g., Eskimo Walrus Commission, Alaska Eskimo Whaling Commission, Harbor Seal Commission, Aleut Marine Mammal Commission, Alaska Nanuuq Commission, Alaska Sea Otter and Steller Sea Lion Commission) that coordinate management of certain species with federal agencies. The long-term goals of tribes and indigenous groups generally include economic stability, resource sustainability, and regulatory certainty. Of particular concern during MMPA reauthorization will be cooperative management of marine mammals, which they believe fosters economic vitality, environmental health, and rational management of natural resources. Scientists from academia, the private sector, and state and federal agencies are principally involved in analyzing the ecological, social, and economic effects of MMPA provisions and marine mammal management policy. Like the other groups, they are concerned with the health and integrity of marine ecosystems and the rational use of marine resources. Specifically, they are interested in the availability of adequate funding and accurate data to perform the necessary analyses. Such scientists are also often members of or associated with other constituent groups. Federal and state marine mammal managers are charged with implementing the MMPA and complementary state programs. Because of this responsibility, their interests and concerns are more keenly focused on the pragmatic aspects of the MMPA. Specifically, they are interested in clarity in the intent of management requirements and in federal appropriations to fund data collection and research. Congress enacted the Marine Mammal Protection Act (MMPA) in 1972, due in part to the high level of dolphin mortality in the eastern tropical Pacific tuna fishery (estimated at more than 400,000 animals per year in the late 1960s). The MMPA established a moratorium on the "taking" of marine mammals in U.S. waters and by U.S. nationals on the high seas. The MMPA also established a moratorium on importing marine mammals and marine mammal products into the United States. The MMPA protects marine mammals from "clubbing, mutilation, poisoning, capture in nets, and other human actions that lead to extinction." It also expressly authorized the Secretaries of Commerce and the Interior to issue permits for the "taking" of marine mammals for certain purposes, such as scientific research and public display. Under the MMPA, the Secretary of Commerce, acting through the National Marine Fisheries Service (NMFS, in the National Oceanic and Atmospheric Administration, also popularly referred to as "NOAA Fisheries"), is responsible for the conservation and management of whales, dolphins, porpoises, seals, and sea lions. The Secretary of the Interior, acting through the U.S. Fish and Wildlife Service (FWS), is responsible for walruses, sea otters, polar bears, manatees, and dugongs. This division of authority derives from agency responsibilities as they existed when the MMPA was enacted. Title II of the MMPA established an independent Marine Mammal Commission (MMC) and its Committee of Scientific Advisors on Marine Mammals to oversee and recommend actions necessary to meet the requirements of the MMPA. Title III authorized the International Dolphin Conservation Program. Title IV authorized the Marine Mammal Health and Stranding Response Program. Title V implemented the Agreement Between the United States and the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Population. Prior to passage of the MMPA, states were responsible for managing marine mammals on lands and in waters under their jurisdiction. The MMPA shifted all marine mammal management authority to the federal government. It provides, however, that management authority, on a species-by-species basis, could be returned to a state that adopts conservation and management programs consistent with the purposes and policies of the MMPA. It also provides that the moratorium on taking can be waived by the federal government or states with management authority for specific purposes, if the taking will not disadvantage the affected species or population. Permits may be issued to take or import any marine mammal species, including depleted species, for scientific research or to enhance the survival or recovery of the species or stock. Non-depleted species may be taken or imported for purposes of public display. The MMPA allows U.S. citizens to apply for and obtain authorization for taking small numbers of mammals incidental to activities other than commercial fishing (e.g., offshore oil and gas exploration and development), if the taking would have a negligible impact on any marine mammal species or stock, and if monitoring requirements and other conditions are met.