OPINION
McKEOWN, Circuit Judge:
Congress passed the Marine Mammal Protection Act ("MMPA"), 16 U.S.C. §§ 1361 et seq., in response to the concern that marine mammals "are, or may be, in danger of extinction or depletion as a result of" human activities. Id. § 1361(1). As part of the protection efforts under both the Magnuson-Stevens Act, 16 U.S.C. §§ 1801 et seq., and the MMPA, the Secretary of Commerce may require...
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