Fortune | FORTUNE 10月12日 23:36
美国国会拟修改《海洋哺乳动物保护法》,引发环保与渔业界争议
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美国国会正考虑对1972年制定的《海洋哺乳动物保护法》进行修改,该法案旨在保护鲸鱼、海豹等海洋哺乳动物免遭灭绝。部分共和党议员提出一项法案草案,认为现有法律对商业捕捞、航运等行业造成了不必要的限制,并寻求降低对海洋哺乳动物种群数量的要求,以及放宽对“伤害”的定义。此举得到了部分渔业团体和海洋制造商的支持,他们认为现有法规阻碍了行业发展。然而,环保组织强烈反对,认为修改将威胁濒危物种,如北大西洋露脊鲸,并可能导致多年保护成果付诸东流。该法案还可能影响美国对进口海产品的监管标准。

🚎《海洋哺乳动物保护法》(MMPA)是美国一项历史悠久的环保法规,自1972年以来在保护鲸鱼、海豹、北极熊等海洋哺乳动物免遭灭绝方面发挥了关键作用。该法案禁止在美国水域或由美国公民在公海捕获或杀害海洋哺乳动物,并为商业捕捞和航运业设定了预防性措施,以减少对动物的意外伤害,如渔具缠绕和船只碰撞。

⚖️共和党议员提出的修改草案旨在放松对海洋哺乳动物的保护标准。该草案提议将种群数量目标从“最大生产力”降低到“支持持续生存”的水平,并重新定义“骚扰”行为,将其从“可能伤害”缩小到“实际造成伤害”。此外,草案还计划推迟对特定濒危物种(如北大西洋露脊鲸)保护措施的实施时间至2035年,这引发了环保人士的担忧。

🎣部分渔业团体,包括缅因州的龙虾渔民和来自夏威夷及阿拉斯加的捕捞业者,支持修改MMPA,认为现有法规限制了他们的捕捞作业,增加了运营难度。他们认为,新的法规能够平衡环境保护与经济发展,同时海洋制造商也表示,现有规定未能跟上行业技术进步,阻碍了创新。

🌍环保组织坚决反对任何削弱MMPA的企图,强调该法案的灵活性和有效性,并指出其在帮助濒危物种(如座头鲸)重回正轨方面的重要性。他们认为,这些修改是对环境法规的“攻击”,可能会对数量稀少的物种(如赖氏鲸和北大西洋露脊鲸)构成生存威胁,并可能削弱美国海产品在全球市场的竞争力,因为可能允许进口来自监管不善的外国渔业的产品。

🚢该法案的修改还可能影响美国对进口海产品的监管。原法案禁止进口未经许可的海洋哺乳动物制品,并允许美国对不符合美国标准的外国渔业实施进口禁令。海产品行业贸易组织认为,这些进口禁令惩罚了美国企业,并主张在全球范围内采购海产品以满足国内需求,同时强调美国渔业的负责任和可持续性。

Republican lawmakers are targeting one of the U.S.’s longest standing pieces of environmental legislation, credited with helping save rare whales from extinction.

Conservative leaders feel they now have the political will to remove key pieces of the Marine Mammal Protection Act, enacted in 1972 to protect whales, seals, polar bears and other sea animals. The law also places restrictions on commercial fishermen, shippers and other marine industries.

A GOP-led bill in the works has support from fishermen in Maine who say the law makes lobster fishing more difficult, lobbyists for big-money species such as tuna in Hawaii and crab in Alaska, and marine manufacturers who see the law as antiquated.

Conservation groups adamantly oppose the changes and say weakening the law will erase years of hard-won gains for jeopardized species such as the vanishing North Atlantic right whale, of which there are less than 400, and is vulnerable to entanglement in fishing gear.

Here’s what to know about the protection act and the proposed changes.

Why does the 1970s law still matter

“The Marine Mammal Protection Act is important because it’s one of our bedrock laws that help us to base conservation measures on the best available science,” said Kathleen Collins, senior marine campaign manager with International Fund for Animal Welfare. “Species on the brink of extinction have been brought back.”

It was enacted the year before the Endangered Species Act, at a time when the movement to save whales from extinction was growing. Scientist Roger Payne had discovered that whales could sing in the late 1960s, and their voices soon appeared on record albums and throughout popular culture.

The law protects all marine mammals, and prohibits capturing or killing them in U.S. waters or by U.S. citizens on the high seas. It allowed for preventative measures to stop commercial fishing ships and other businesses from accidentally harming animals such as whales and seals. The animals can be harmed by entanglement in fishing gear, collisions with ships and other hazards at sea.

The law also prevents the hunting of marine mammals, including polar bears, with exceptions for Indigenous groups. Some of those animals can be legally hunted in other countries.

Changes to oil and gas operations — and whale safety

Republican Rep. Nick Begich of Alaska, a state with a large fishing industry, submitted a bill draft this summer that would roll back aspects of the law. The bill says the act has “unduly and unnecessarily constrained government, tribes and the regulated community” since its inception.

The proposal states that it would make changes such as lowering population goals for marine mammals from “maximum productivity” to the level needed to “support continued survival.” It would also ease rules on what constitutes harm to marine mammals.

For example, the law currently prevents harassment of sea mammals such as whales, and defines harassment as activities that have “the potential to injure a marine mammal.” The proposed changes would limit the definition to only activities that actually injure the animals. That change could have major implications for industries such as oil and gas exploration where rare whales live.

That poses an existential threat to the Rice’s whale, which numbers only in the dozens and lives in the Gulf of Mexico, conservationists said. And the proposal takes specific aim at the North Atlantic right whale protections with a clause that would delay rules designed to protect that declining whale population until 2035.

Begich and his staff did not return calls for comment on the bill, and his staff declined to provide an update about where it stands in Congress. Begich has said he wants “a bill that protects marine mammals and also works for the people who live and work alongside them, especially in Alaska.”

Fishing groups want restrictions loosened

A coalition of fishing groups from both coasts has come out in support of the proposed changes. Some of the same groups lauded a previous effort by the Trump administration to reduce regulatory burdens on commercial fishing.

The groups said in a July letter to House members that they feel Begich’s changes reflect “a positive and necessary step” for American fisheries’ success.

Restrictions imposed on lobster fishermen of Maine are designed to protect the right whale, but they often provide little protection for the animals while limiting one of America’s signature fisheries, Virginia Olsen, political director of the Maine Lobstering Union, said. The restrictions stipulate where lobstermen can fish and what kinds of gear they can use. The whales are vulnerable to lethal entanglement in heavy fishing rope.

Gathering more accurate data about right whales while revising the original law would help protect the animals, Olsen said.

“We do not want to see marine mammals harmed; we need a healthy, vibrant ocean and a plentiful marine habitat to continue Maine’s heritage fishery,” Olsen said.

Some members of other maritime industries have also called on Congress to update the law. The National Marine Manufacturers Association said in a statement that the rules have not kept pace with advancements in the marine industry, making innovation in the business difficult.

Environmentalists fight back

Numerous environmental groups have vowed to fight to save the protection act. They characterized the proposed changes as part of the Trump administration’s assault on environmental protections.

The act was instrumental in protecting the humpback whale, one of the species most beloved by whale watchers, said Gib Brogan, senior campaign director with Oceana. Along with other sea mammals, humpbacks would be in jeopardy without it, he said.

“The Marine Mammal Protection Act is flexible. It works. It’s effective. We don’t need to overhaul this law at this point,” Brogan said.

What does this mean for seafood imports

The original law makes it illegal to import marine mammal products without a permit, and allows the U.S. to impose import prohibitions on seafood products from foreign fisheries that don’t meet U.S. standards.

The import embargoes are a major sticking point because they punish American businesses, said Gavin Gibbons, chief strategy officer of the National Fisheries Institute, a Virginia-based seafood industry trade group. It’s critical to source seafood globally to be able to meet American demand for seafood, he said.

The National Fisheries Institute and a coalition of industry groups sued the federal government Thursday over what they described as unlawful implementation of the protection act. Gibbons said the groups don’t oppose the act, but want to see it responsibly implemented.

“Our fisheries are well regulated and appropriately fished to their maximum sustainable yield,” Gibbons said. “The men and women who work our waters are iconic and responsible. They can’t be expected to just fish more here to make up a deficit while jeopardizing the sustainability they’ve worked so hard to maintain.”

Some environmental groups said the Republican lawmakers’ proposed changes could weaken American seafood competitiveness by allowing imports from poorly regulated foreign fisheries.

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This story was supported by funding from the Walton Family Foundation. The AP is solely responsible for all content.

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Marine Mammal Protection Act 环境保护 渔业 鲸鱼 美国国会 Marine Mammal Protection Act Environmental Protection Fisheries Whales US Congress
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