Marine Mammal Protection Act

1. https://www.fisheries.noaa.gov/topic/laws-policies#marine-mammal-protection-acthttps://www.fisheries.noaa.gov/topic/laws-policies#marine-mammal-protection-act Marine Mammal Protection Act calls specifically for an ecosystem approach to wildlife management prohibits the "taking" of marine mammals, and enacts a moratorium on the import, export, and sale of any marine mammal, along with any marine mammal part or product within the United States Conserving populations and habitats should be the guiding principles for regulation of activities impacting whales and seals. The acoustic parameters of the habitat are just as important as other habitat characteristics, although much less is known about the acoustic features of critical habitats.

2. Three federal entities share responsibility for implementing the MMPA: • NOAA Fisheries—responsible for the protection of whales, dolphins, porpoises, seals, and sea lions. • U.S. Fish and Wildlife Service—responsible for the protection of walrus, manatees, sea otters, and polar bears. • Marine Mammal Commission (newly-established) —provides independent, science-based oversight of domestic and international policies and actions of federal agencies addressing human impacts on marine mammals and their ecosystems.

3. Scientific permitting https://www.fisheries.noaa.gov/node/22701 • Marine mammals • ALL US controlled waters • Other animals • Currently only in ‘protected’ areas including marine reserves, national parks, etc. • This is likely to change as research emerges • Permitting should apply to many activities • In practice, only scientists, the oil and gas industry, the US Navy, and underwater construction are consistently controlled

4. Marine Mammal “Take” • Defined under the MMPA as "harass, hunt, capture, kill or collect, or attempt to harass, hunt, capture, kill or collect" • This includes by regulatory definition, without limitation, any of the following: the collection of dead animals, or parts thereof; the restraint or detention of a marine mammal, no matter how temporary; tagging a marine mammal; the negligent or intentional operation of an aircraft or vessel, or the doing of any other negligent or intentional act which results in disturbing or molesting a marine mammal; and feeding or attempting to feed a marine mammal in the wild • (Level A Harassment) has the potential to injure a marine mammal or marine mammal stock in the wild • (Level B Harassment) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering but which does not have the potential to injure a marine mammal or marine mammal stock in the wild

5. Marine Mammal “Take” • Scientific research • Commercial and educational photography • Incidental take during commercial fishing operations • Incidental take during non-fishery commercial activities

6. Process • Submit application (average submitted proposal >100 pages) • Applications undergo a 30-day public comment period • Reviewed by experts from NOAA Fisheries and the Marine Mammal Commission • Comments addressed by applicant • Re-review (and sometimes more public comment) • Approval/revision • Regular reports required during permit period

7. Basic requirements • Qualifications of all involved are reviewed • PI (non-transferable) • List of all personnel to be covered • Veterinarian (usually a specialist) • Justification of science • Are there alternatives? • Consequences to animals and mitigation measures

8. How long? • 6 months in advance of the intended research start date for non-ESA listed species and at least 1 year in advance for research on ESA-listed species (from date of COMPLETION) • ESA – Endangered Species Act

9. Human Odontocete hearing (toothed whales, incl. dolpins) From: Au, 1993

10. Reference pressures • Air 20 mPa (threshold for human hearing at 1 kHz) • Water 1mPa • 20(log 20)=26 dB • But what about the differences in the density of the media?

11. the “neffin” ear • Never found in nature • Hypothetical ear to compare hearing • Assumes hearing equal in water an in ear • Requires same rms acoustic intensity for sensing sound • Iair=Iwater • Iair=p2air/(0.422 g*m/sec*cm3) =Iwater =p2water/(1575 g*m/sec*cm3) p2air(3565.4)=p2water pair(59.7)=pwater • Pressure in water must be 60 times that in air (35.5 dB) • Same intensity • Same sensation in the neffin ear

12. Hearing comparisons • To compare reception in air and underwater • 26 dB to account for reference levels • 35.5 dB to account for differences in the media (intensity reception rather than pressure) • Approximate differences only • Hearing measurements of underwater animals not adequate to make direct comparisons • Large differences in testing procedures • No anechoic chambers underwater

13. Marine mammals • Focus of attention • Press • Navy • Scientific community • Began with ATOC • Little information available for fish • Almost no information for invertebrates

14. ATOC • Set to begin in 1994 • Delayed 2.5 years • Originally $40 million research program • 75 hertz, 195 dB, 20 minutes duration signals • Two sperm whale specialists claimed on the internet that the project's transmissions could deafen whales • Their potential for damage from the sound has been shown to be an overestimate • The press caught the story • Misinterpreted a term in the permit applications – “take” • Speculated about Naval funding intentions • The resulting public outcry led to thousands of letters to Congress and NMFS

15. ATOC • Numerous studies of marine mammal behavior and hearing conducted on several species (at least $4 million budget compared with the ONR MM budget $7m) • No difference between whale tracks with or without sound • Biggest behavioral effects • Vessel traffic in the area • Whether a calf was present

16. NPAL (ATOC’s offspring) • 3 years • $500 k • JUST for the permits!

18. Naval SURTASS LFA • The Surveillance Towed Array Sensor System (SURTASS) Low Frequency Active (LFA) • Frequency? Tens to hundreds of Hz • Duty cycle? • Duration?

19. No overt behavioral responses No changes in whaledistribution could be related to LFA operations

20. Migrating gray whales

21. Mitigation measures • Set maximum exposure level to 180 dB • Location • No use within 22 km of shore where animals are prevalent and propagation is unpredictable • Reduce max to 145 dB around known human dive sites • Avoid areas of special conservation interest (e.g. breeding sites) • Measurements show that these levels only occur near the vessel • Use HF/M3 (high frequency marine mammal sonar) with visual observers to detect marine mammals • Discontinue operation if animals are detected

22. Mid frequency sonars • 1-10 kHz, range of 1-10 nmi • Used since World War II • Primary tool for identifying and prosecuting submarines • AN/SQS-53 system • Source levels up to 235 dB • 0.1-0.4 ms rise time (not explosive-like)

23. “The Bahamas incident” • “Several whales” stranded in the Bahamas in March of 2000 following a chokepoint exercise • “was a confluence of several factors acting together including numbers of sonars, unusual bathymetry, limited egress routes, and specific species of marine mammal” (US Navy)

24. Mid-frequency naval sonars – effects on beaked whales Fratzis 1998

25. Mass strandings

26. Mid frequency sonar incidents October 1989: 20 whales of 3 species strand during naval exercises near the Canary Islands.December 1991: 2 Cuvier's beaked whales strand during naval exercises near the Canary Islands.May 1996: 12 Cuvier's beaked whales strand on the west coast of Greece as NATO ships sweep the area with low- and mid-frequency active sonar.October 1999: 4 beaked whales strand in the U.S. Virgin Islands during Navy maneuvers offshore.May 2000: 3 beaked whales strand on the beaches of Madeira during NATO naval exercises near shore.April 2002: 1 beaked whale and a humpback whale strand near Vieques during an offshore battle group training exercise.September 2002: At least 14 beaked whales from 3 different species strand in the Canary Islands during an anti-submarine warfare exercise in the area. 4 additional beaked whales strand over the next several days.May 2003: 11 harbor porpoises beach along the shores of the Haro Strait, Washington State, as the USS Shoup tests its mid-frequency sonar system.June 2004: 6 beaked whales strand during a Navy sonar training exercise off Alaska.July 2004: 200 melon-headed whales crowd into the shallow waters of Hanalei Bay in Hawaii as a large Navy sonar exercise takes place nearby. All but 1 of the whales wash herded back out to sea.July 2004: 4 beaked whales strand during naval exercises near the Canary Islands.January 2005: 34 whales of 3 species strand along the Outer Banks of North Carolina as Navy sonar training goes on offshore.

27. Mechanism? • Direct auditory damage, brain hemorrhage (Ketten)

28. Mechanism? • Direct auditory damage, brain hemorrhage (Ketten) • Single ping? • Cumulative? • Bubble formation in oxygen saturated tissues and blood (Crum et al) • Changes in dive behavior • “the bends” • Acute stress

29. Air gun noise – geological science and industry

30. Air gun spectra

31. Air gun exposure - fish Sensory auditory hair cells in fish ears - SEM 58 days post-exposure Control animal 18 hours post-exposure Holes are missing hair cells, blisters are cells undergoing aptosis (cell death) MacCauley et al 2003

32. Air gun noise

33. Air gun exposure – Sperm whales

34. Surface duct trapping Even high frequency ears can be exposed to high levels far from source

35. Important considerations • Sound source • Source level, expected received level, propagation • Rise time • Frequency • Duration • Cycle time • Directionality • Animals • Anatomy and physiology • Population density • Habitat use • Behavior • Propagation of sound in habitat • Mitigation measures • Location • Observers • Shutdown

36. Worcester and Munk 2003