Marine Mammals and Low-Frequency Sound Progress Since 1994 (2000) / Chapter Skim
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4 Regulatory Issues
4 Regulatory Issues
Pages 65-72
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From page 65... ...
This chapter discusses the existing regulatory procedures affecting acoustic harassment, recommends changes to those proce1The U.S. Fish and Wildlife Service is responsible for conservation for some marine mammal species, including manatees, dugongs, polar bears, walruses, and marine and sea otters.
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From page 66... ...
This concept was incorporated into the 1994 MMPA amendments. The MMPA now requires calculation for each species of a conservative number of animals that might be taken by humans from marine mammal stocks, while "allowing that stock to reach or maintain optimum sustainable population," called the potential biological removal (PBR)
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From page 67... ...
The Committee supports this effort to distinguish between injury and disruption of behavior and proposes a refinement of the above definitions to incorporate and differentiate between immediate injury and longer-term, significant physiological and behavioral effects that may affect the growth, reproduction, or mortality of animals. Moreover, regulatory efforts directed at minimizing and mitigating the effects of anthropogenic sounds on marine mammals and other marine organisms should have the goal of minimizing the risk of injury and meaningful disruption of biologically significant activities, where biological significance is defined as having potential demographic effects on reproduction or longevity.
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From page 68... ...
As knowledge of the auditory systems of marine mammals increases, this preliminary criterion should be reexamined. Definition of Level B Acoustic Harassment It does not make sense to regulate minor changes in behavior having no adverse impact; rather, regulations must focus on significant disruption of behaviors critical to survival and reproduction, which is the clear intent of the definition of harassment in the MMPA.
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From page 69... ...
If the avoidance response makes the whales more vulnerable to predation by killer whales, or the sound producing the avoidance response masks killer whale sounds or other environmental cues, the avoidance could have effects beyond delaying migration. Activities that produce statistically significant but biologically insignificant responses are subject to take authorizations under the MMPA and ESA as the regulations are currently implemented; responsible agencies must provide authorization unless there is good justification for concluding that the effects will not be negligible.
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From page 70... ...
The existing regulatory regime does not consistently regulate research that could affect either directly or indirectly marine mammals. For example, a biologist proposing to study how a whale responds to vessel noise would have to apply for a scientific research permit, whereas an oceanographer planning to transit the same habitat in a large research vessel would not be subject to any regulation, and an acoustician using a similar level of sound for studies unrelated to marine mammals might need to obtain an incidental harassment authorization.
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From page 71... ...
The suggested change would prevent the denial of research permits that might insignificantly harass large numbers of animals and would leave the "negligible impact" test intact. CUMULATIVE IMPACTS Even if marine mammals are protected on a case-by-case basis from individual acts of harassment extreme enough to have an adverse impact, they may require additional protection from milder harassment that is repeated so often that impact accumulates.
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From page 72... ...
Such a change should increase protection of marine mammals by providing a comprehensive regulatory regime for acoustic impacts on marine mammals, eliminating what amounts to an exemption on regulation of commercial sound producers and the current and historic focus on marine mammal science, oceanography, and Navy activities.
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