Abstract

The Marine Mammal Protection Act and the Endangered Species Act are statutes designed to conserve and recover marine mammal species. In addition to language that restricts activities that could “take” individuals via death, they restrict activities that could harass marine mammals. By framing the problem in terms of harassment, these statutes acknowledge the potential for significant behavioral effects. However, predicting biologically significant effects of disturbance is often difficult. A better theoretical and technical framework is needed that accounts for the adaptive scope (both physiological and behavioral) of large, intelligent, wide-ranging, and long-lived marine mammals. While ASA members have debated policy statements on the inappropriate use of acoustic concepts in controversies over marine mammal exposure to noise, they have not effectively addressed the need for better integration of biological theory. Of particular importance are theories on cognitive function, adaptive defensive strategies, and allostasis that help explain why marine mammal responses can be intelligent and flexible in some cases and injurious in others. By integrating such biological concepts into its policy statements, the Society could foster more effective use of research resources and help stakeholders support regulatory instruments for noise that would effectively balance human needs with those of marine mammals.

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