Our political system is so screwed up that Congress can't pass legislation that everyone wants. So, can you imagine how long it would take to repeal the Marine Mammal Protection Act? Animal rights and conservation groups would fight it tooth and nail, and even if the law were repealed, they'd launch court challenges.
Those aren't the greatest swimming beaches to start with. The water is bone-numbing cold most of the time. Surfers get hit by GWs regularly in California. They're aware of the risks and accept them.
I really dread the hysteria that this is going to cause. When a human enters the ocean, he or she becomes part of the food chain--we are no longer the apex predator.
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