In 1972 the United States Congress, pressured by animal activist forces, passed the Marine Mammal Protection Act. Its intent, besides11 enhancing the image of elected officials, was to prevent the import of any marine mammal products. Dolphins as by-catch in fishing operations and whitecoat harp seal pups as objects of the fur trade, were highlighted as receiving special protection through the Act. 

Since 1972, the MMPA has been seen in a different light. Many Americans have been harmed by the resultant trade policy and enforcement of the Act has resulted in many violations of NAFTA and the Uruguay agreements under the GATT treaty. Even some of America's allies are beginning to consider formal complaints to a GATT panel. This was thoroughly discussed at a November 1997 meeting on the future of sealing, convened by NAMMCO in St. John’s, Newfoundland. 

The 1982 European Union legislation banning the import of whitecoats and hooded seal pups (bluebacks) is also violating the GATT. Although both laws affecting trade rights were originally touted to "save the (seals, dolphins...)", the effect has been opposite. Seals, since the ban, proliferated so well that crowding among them has caused damaging stress. This includes debilitating fighting wounds, and inadequate feeding patterns of juvenile animals, bullied by their elders. Seals have not been saved, but are savaging themselves through the protection which loss of major markets has accomplished. Because of the animal rights movement, northern Atlantic harp seals have reached frightening, crisis proportions. In order to save seals from themselves their numbers need to be diminished as quickly as possible. In order that this be done in a way most beneficial to seals, the environment, and the people who live on these shores, the original pieces of legislation in America and Europe must be radically changed so markets can again accept the by-products of the conservation of these prolific animals. 

How can aggrieved nations accomplish the reversal of such influential legislation? We believe they must cooperate in an immediate effort to pressure both Europe's Parliament and Commission, and the United States government for environmental, humane, social, and economic reasons. Nations wishing to harvest marine mammals and sell the products in the United States and in Europe, should investigate all the known legal and public opinion levers available. Among the most promising of these may be the GATT panel procedure, along with usual diplomatic routes. Public opinion must be molded with, for example, the facts of environmental damage, seal suffering, unfair trade practices, fish depletion, and the advantages of seal products to people. 

It is essential that public information campaigns emphasize these products as being environmentally friendly, because this is the truth. The side of sustainable use has the high ground, good documentation, and a great deal of desirable product to offer, along with threats of trade law judgments against the U.S. and the E.U. Cultural preference for products drives the success of conservation, and the two forces together have a mutually beneficial impact. With consistency and resolve, this situation can again be corrected.