The National Oceanic and Atmospheric Administration (NOAA), the US regulatory body charged with protecting the marine environment, has issued new regulations that aim to reduce the risk of injury to marine mammals during naval activities.
In light of the recent findings of an independent review panel that sonar use (non-military in that case) was a likely cause of a mass stranding of melon-headed whales in Madagascar in 2008, these new regulations are likely to assist in furthering knowledge of how and when certain types of anthropogenic noise pose a threat to marine mammals.
Under the new regulations, the US Navy must establish mitigation zones around vessels using sonar or deploying explosives. Sonar operations must be shut down when marine mammals are observed within a specified distance from any vessel using sonar. Further, the guidelines require a stranding response plan, should any activities result in a marine mammal stranding incident, which includes the possibility of the US Navy providing in-kind services to NOAA should the agency need to mount a stranding response and investigation.
The US Marine Mammal Protection Act (MMPA) stipulates that where there is the potential to cause harm to marine mammals during on water, near shore or shoreline activities, a request must be made for an exemption to the act. Exemptions, which will be either an Incidental Harassment Authorization (IHA) or a Letter of Authorization (LOA) depending on the severity of the potential impact, must address any possible methods of mitigating the impact on marine mammals. Further details of the recent ruling, as well as the process for obtaining an IHA or LOA, are available on the NOAA Fisheries Office of Protected Resources webpages.
Perhaps the most important aspect of the new regulations is that they include what is termed an ‘adaptive management’ approach which requires the Navy and NOAA to meet annually to discuss scientific advances, Navy research and development, and monitoring results to determine whether the regulations need further modifications.