Low-Frequency Sound and Marine Mammals Current Knowledge and Research Needs (1994) / Chapter Skim
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2 REGULATORY BARRIERS AND POSSIBLE ALTERNATIVES
2 REGULATORY BARRIERS AND POSSIBLE ALTERNATIVES
Pages 25-39
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From page 25... ...
THE MARINE MAMMAL PROTECTION ACT AND ITS INTERPRETATION The Marine Mammal Protection Act (MMPA) was enacted by Con gress in 1972, because species and populations of marine mammals were in "danger of extinction or depletion as a result of man's activi ties" (P.L.
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From page 26... ...
Those that have been granted for noise-producing activities were for offshore drilling, seismic exploration, and rocket launches in a few specific coastal regions around the United States. In addition to activities such as those, other types of sound-related scientific studies that do not directly benefit marine mammals are hydroacoustic studies of plankton distribution or acoustic tomography studies of ocean currents.
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From page 27... ...
Although as an activity scientific research has comparatively little impact on marine mammal populations, it is the object of considerable regulation. For example, according to an annual NMFS report on MMPA, "One of the most extensive administrative programs in NMFS is the permit system that authorizes the taking of marine mammals for scientific research" (National Marine Fisheries Service, 1985~.
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From page 28... ...
In that case, subtle and brief reactions are likely to have no effect on the well-being of marine mammal individuals or populations. Just as it would not be sensible to extend the definition of harassment to each successively lower level at which some subtle new reaction is detected, it is not sensible to have it set now at a level that activates alerting responses or minor course deviations.
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From page 29... ...
PERMITTING IMPLICATIONS FOR RESEARCH ACTIVITY Scientific Research Permits Scientists who propose to conduct research directed toward marine mammals are aware of the permitting requirements of the MMPA and of the Endangered Species Act (ESA) and the associated regulations.
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From page 30... ...
the examination of dolphin neural processing with application in neural networks or computer logic. Under current procedures, studies such as the seven listed and others similar to them are unlikely to be permitted unless they are non-invasive or promise potential for benefiting marine mammals.
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From page 31... ...
. Even though it might interfere with or affect marine mammals, scientific research on animals other than marine mammals has not been interpreted as being eligible for scientific research permits under the Marine Mammal Protection Act.
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From page 32... ...
As presently implemented, the SIT process is impractical for the typical individual researcher or for most small research teams. As part of that application, for example, the researcher must specify the geographic area where the work is to be done and the species and numbers of marine mammals that will be "taken." Trying to anticipate how such research might modify the behavior of a marine mammal at various distances, however slight the modification, is often an impossible task.
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From page 33... ...
At present, it is doubtful whether some acoustic oceanography projects could legitimately obtain SIT authorizations. They might not satisfy the smallnumber criterion, and the requirement to monitor the marine mammals potentially subject to a "take" would be difficult, if not impossible, to satisfy in any meaningful manner.
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From page 34... ...
Some might argue that supertankers could be producing major negative effects on marine mammals and their food chain, and that evidence of this is yet to emerge. Whatever the case, ocean noise pollution will not be greatly reduced by meticulously regulating ocean acoustic studies, a class of sources that contributes less than 2 percent of the current yearly energy near 50 Hz.
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From page 35... ...
The following alternatives seem worthy of consideration. Using a New Mechanism to Regulate Scientific "Takes" NMFS has proposed a new regime to focus on the larger purpose of maintaining all marine mammal populations at optimum sustainable population levels (National Marine Fisheries Service, 1992~.
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From page 36... ...
The IACUCs have standard procedures for dealing with research on endangered species. It should be noted, however, that IACUCs cannot issue endangered species or marine mammal research permits under existing law.
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From page 37... ...
These could include standards or components similar to those that marine mammal studies must meet to obtain a research permit and that other human activities must meet to qualify for an incidental take authorization. For example, the research might be required to have some or all of the following attributes: to be nonlethal, to have negligible anticipated effects on individual marine mammals and their populations, to include an approved marine monitoring program where appropriate, to pass an acceptable process of peer review within its own discipline, and to be "not unnecessarily duplicative." 4The revised permit regulation recently proposed by NMFS does not set any time limit for the 'initial review' phase (Federal Register, 14 October 1993, p.
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From page 38... ...
Broaden the definition of research for which scientific permits can be issued to include research activities beyond those "on or directly benefiting marine mammals." The population status of the species and the kind of "take" should determine the number of allowable takes, and the same regulations should apply equally to all seafaring activities.
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From page 39... ...
1992. The Marine Mammal Protection Act: Reauthorization Issues.
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