There are many laws that govern the protection of all whale species. Some are very specific and designed only to protect whales and other marine mammals. Others do not even mention whales, but the protection of them is assumed into the law itself. The laws promoting the wellbeing of whales can be split into United States Laws, International Laws, and other regulations.
United States Laws:
1. The Marine Mammal Protection Act was passed by the United States congress in 1972. This act made it illegal for anyone residing in the United States to kill hunt, harass, or injure any and all species of marine mammal. This law does not specify any particular population status is more protected than another, all are under equal protection from this act. The act also made it illegal to import marine mammals or and products made from marine mammals into the United States.
2. The Endangered Species Act came into United States federal law in 1973. The act protects both endangered species and species likely to become endangered in the foreseeable future. All of the great whales are listed under the Endangered Species Act. So it is illegal to kill, hunt, injure, harass, collect or destroy the habitat of any of the great whales. Also illegal under this act is the buying or selling of whales and whale products.
3. The Pelly Amendment, enacted in 1971, is a commerce directed law only. It imposes import sanctions on any nations who have violated international marine conservation policies. The sanction imposed is a reduction in fishing right for United States waters. This Amendment is further enforced by the Packwood-Magnuson Amendment, brought into law in 1979. It is worded in much the same way as the Pelly Amendment but furthers the obligation to require sanctions in all cases.
International Laws:
1. The most notable international whaling law was established in 1946 with the International Whaling Convention. The International Whaling Convention was established to oversee management of the whaling industry. Its establishment was a response to the dramatic decline in the populations of whales that was attributed directly to whaling activity. It was in 1986 that the International Whaling Convention instituted an indefinate ban on any and all commercial whaling. This however, has not been honored by such countries as Japan and Norway.
2. The Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) is an international treaty providing protection for plant and animal species in international trade. Is was designed to promote conservation of endangered wildlife, while will trade of other wildlife. There are three categories of protection under CITES and all the great whales are listed on the strictly prohibited list.
3. A treaty that places a responsibility on all participating nations is the United Nations Convention on the Laws of the Sea. The treaty maintains that nations have a duty to conserve all marine mammals. It further states that they have a duty to follow all International Whaling Convention laws. The duties under this law are commonly thought to be stronger than those of the International Whaling Convention.
Additional Regulations:
1. Net laws have been in place since 1991 when the United Nations placed an international ban on driftnet fishing. Gillnet regulations were later imposed in 1993, that states it is unlawful to leave a gillnet unattended for over two hours.
2. Pollution laws have recently been placed on the agenda of the International Whaling Convention. Whale populations are dying out because of the effects of pollution, like PCB's in the ocean. Regulations regarding ocean pollution should be following soon.
3. Whale watching laws are mostly local in nature. Most make it illegal to approach a whale within a certain distance. The Marine Mammal Protection Act enforces this with regulations on whale watching to ensure it is not harassing to the whales.
4. Underwater ocean noise pollution has been linked to many incidents of whale beachings. This noise is primarily a result of military testing but is now regulated under the Marine Mammal Protection Act. Anyone, military included, wishing to conducted tests that cause noise pollution must request permission first.