Quiet Please!: Sound as an Essential Feature in Critical Habitat Designation for the Main Hawaiian Islands Insular False Killer Whale
Abstract
On July 24, 2018, the National Marine Fisheries Service (NMFS) published a final rule concerning the Main Hawaiian Island InsularFalse Killer Whale critical habitat. The final rule listed four biological and physical features essential for their conservation, i.e. essentialfeatures. However, this paper concerns itself with the fourth: (anthropogenic) sound levels that would not significantly impair falsekiller whales use or occupancy. The introduction of anthropogenic, or human-produced, sound as an essential feature in critical habitatdesignation pursuant to the Endangered Species Act (ESA) is novel. NMFS was decidedly forward leaning in publishing this rule, to theobjection of many interested parties including the U.S. Navy. Designating anthropogenic sound as an essential feature in critical habitatdesignations has important legal and political implications for the U.S. Navy. The Navy conducts many military exercises in areasprotected by the Endangered Species Act, which includes the Hawaiian Islands. There is an argument that the science NMFS relies ondoes not fully support this forward leaning rule using anthropogenic sound as an essential feature. However, the Navy has the resourcesto adapt, overcome and lead the way in compliance. Specifically, the Navy is at the forefront of quiet ship technologies and procedures.By serving as a role model, the Navy could be free to conduct more training operations if the net effect of anthropogenic sound decreases.
Document Details
- Document Type
- Technical Report
- Publication Date
- May 10, 2019
- Accession Number
- AD1079936
Entities
People
- Deniz M. Baykan
Organizations
- University of California, Berkeley