35 UCLA J. Envtl. L. & Pol'y 206 (2017)
Turn down the Volume: Improved Federal Regulation of Shipping Noise Is Necessary to Protect Marine Mammals

handle is hein.journals/uclalp35 and id is 209 raw text is: 









           Turn Down the Volume:

       Improved Federal Regulation

       of Shipping Noise Is Necessary

       to Protect Marine Mammals


                    Benjamin A. Harris



                          ABSTRACT
  The public is beginning to recognize the true impacts of ocean
noise on marine mammal behavior. In particular, the shipping
industry, consisting of thousands of large vessels and tankers,
contributes significant noise pollution by emitting loud, constant,
droning, low-frequency  sounds. The scientific literature has
revealed the importance of reducing these noise impacts to ensure
the survival of numerous depleted marine mammal populations.
Under the Marine Mammal Protection Act, the Endangered
Species Act, and the National Environmental Policy Act, the
current legal regime is capable of addressing noise impacts from
shipping activities, but these laws have not yet been utilized to
regulate the industry. Despite the apparent ability to treat
shipping noise as a take under the MMPA and ESA, NOAA
Fisheries has not taken regulatory actions to enforce those take
prohibitions against the shipping industry. While the availability


* Benjamin received his J.D. from UCLA School of Law in 2016. He is honored
to have received considerable guidance and support from Megan Herzog, as well
as helpful comments from Miyoko Sakashita and Professor Cara Horowitz in
formulating the direction of this paper. Benjamin is currently an attorney in
private practice, and the views expressed in this article are his own and do not
reflect the views of any firm with which he is affiliated.

 2017 Benjamin A. Harris. All rights reserved.

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