A CHRONIC PROBLEM: PRITZKERAND THE NOAA ROADMAP'S DEFICIENCIES.

Anthropogenic noise from sources such as sonar, oil and gas exploration, and commercial shipping pollutes the ocean and causes serious problems for marine mammals, who rely on sound to survive. The National Oceanic and Atmospheric Administration (NOAA) recently addressed the extent of anthropogenic ocean noise pollution (AONP) in its Roadmap that elaborates on the agency's decision to try to address the ocean noise problem using existing statutory authority, such as the Marine Mammal Protection Act (MMPA). The Ninth Circuit Court of Appeals' decision in Natural Resources Defense Council, Inc. v. Pritzker is the most recent decision in a series of cases arising under the MMPA that provides an example of how noise pollution from sonar has been successfully managed under the Act. However, Pritzker simultaneously highlights the limited capacity of the MMPA to regulate noise pollution from other sources. This Chapter explores the problem of anthropogenic ocean noise pollution and discusses its effects on marine mammals. This Chapter discusses the restricted scope of the Pritzker decision, examines the limited capacity of the MMPA to regulate ocean noise pollution, and details the deficiencies of NOAA's Roadmap. Finally this Chapter concludes with some suggestions for how statutory authority may be expanded to more adequately address ocean noise pollution. [ABSTRACT FROM AUTHOR]