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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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