The Marine Mammal Protection Act allows government officials and designated persons (or entities) to import marine mammals into the United States for “medical treatment that is not otherwise available.” If feasible, they must make efforts to return the animal to its natural habitat once treatment is completed.
Below are some examples of marine mammals that have been imported under this authority.
Statutory Authorities under the Marine Mammal Protection Act
Section 109(h): Taking of Marine Mammals as Part of Official Duties
…(2) Nothing in this title shall prevent the Secretary or a person designated under [section 112(c)] from importing a marine mammal into the United States if such importation is necessary to render medical treatment that is not otherwise available.
…(3) In any case in which it is feasible to return to its natural habitat a marine mammal taken or imported under circumstances described in this subsection, steps to achieve that result shall be taken.
Section 112(c): Contracts, Leases, and Cooperative Agreements
The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the purposes of [titles I and IV of the MMPA] and on such terms as he deems appropriate with any federal or state agency, public or private institution, or other person.
2026 Emergency Import to Rescue 28 Beluga Whales from Marineland of Canada
NOAA Fisheries entered into a cooperative agreement with SeaWorld, Georgia Aquarium, and the John G. Shedd Aquarium to import 28 beluga whales from Marineland of Canada. The importation is a rescue operation necessary to provide the whales with medical treatment that is not otherwise available.
2009 Emergency Import of One Harbor Seal in Bermuda to Baltimore Aquarium
This case involved the importation of one stranded male harbor seal from the Bermuda Aquarium Museum and Zoo to the National Aquarium in Baltimore, Maryland in March 2009. This animal stranded out of habitat. NOAA Fisheries entered into this agreement to enable importation for “medical treatment and care necessary to ensure the animal’s well-being with the intent to release this animal back to its natural habitat.” This animal was successfully rehabilitated and released to the wild in July 2009.
2009 Emergency Import of One Pilot Whale in Curaçao to SeaWorld
This case involved the importation of one male stranded short-finned pilot whale from the Southern Caribbean Cetacean Network in Curaçao, Netherlands Antilles, to SeaWorld of California. This animal was being rehabilitated and efforts to release this animal in Curaçao were unsuccessful. The aquarium in Curaçao where this animal was being rehabilitated was not equipped to handle a cetacean of this species’ size. The whale was being held in a temporary net pen, and there were concerns about the security of the net pen and nearby dredging.
NOAA Fisheries entered into this agreement with SeaWorld of California to enable importation for “medical treatment and care necessary to ensure the animal’s well-being.” This animal was deemed non-releasable to the wild and lived at SeaWorld of California until his death in 2012.
2007 Emergency Import of One Killer Whale in Mexico to SeaWorld
This case involved the importation of one female killer whale calf from Dolphin Adventure in Puerto Vallarta, Mexico, to SeaWorld of California. This animal was estimated to be 11 days old at stranding, and facilities in Mexico lacked the capabilities to provide necessary medical care to this animal. NOAA Fisheries entered into this agreement to enable importation for the “medical treatment and care necessary to ensure the animal’s well-being.” This animal died before transport could occur.
1992 Emergency Import of One Killer Whale in Canada to SeaWorld
This case involved the importation of one male killer whale (“Tillikum”) from Sealand of the Pacific in Canada to SeaWorld of Florida. This animal needed to be relocated due to the pregnancies of other killer whales at the facility and the inability to separate the animals from one another. NOAA Fisheries entered into this agreement to enable importation for the “medical treatment and care necessary to ensure the animal’s well-being.” Tillikum lived at SeaWorld of Florida until his death in 2017.
