Order Code RS22158
June 1, 2005
CRS Report for Congress
Received through the CRS Web
Active Sonar and Marine Mammals:
Chronology with References
Kori Calvert
Information Research Specialist
Knowledge Services Group
Eugene H. Buck
Specialist in Natural Resources Policy
Resources, Science, and Industry Division
Summary
The deployment of active sonar by the U.S. Navy and its potential impacts on
marine mammals has been an ongoing issue of intense debate; regulatory, legislative,
and judicial activity; and international concern. This report provides a chronology of
significant events and documents since 1994. It will be updated as events warrant.
The Marine Mammal Protection Act (MMPA) of 1972 (16 U.S.C. §§1361, et. seq.)
established a moratorium1 on the “taking” of marine mammals in U.S. waters and by U.S.
nationals on the high seas.2 The MMPA protects marine mammals from “clubbing,
mutilation, poisoning, capture in nets, and other human actions that lead to extinction.”
The MMPA allows U.S. citizens to apply for and obtain authorization for taking small
numbers of mammals incidental to activities other than commercial fishing (e.g., offshore
oil and gas exploration and development), if the taking would have a negligible impact
on any marine mammal species or stock, and the monitoring requirements and other
conditions are met.
Various parties have sought to regulate the use of military sonar under these MMPA
provisions due to concerns that high-intensity sound from active military sonar3 operates
1 Although the MMPA (16 U.S.C. §1371) refers to this action as a “moratorium,” some consider
this action a ban or prohibition because it was (and is) permanent.
2 Under the MMPA, in 16 U.S.C. §1362(13), take means “to harass, hunt, capture, or kill, or
attempt to harass, hunt, capture, or kill.”
3 Active sonar creates a pulse of sound, often called a “ping”, after which operators of such a
system listen for reflections or echoes of the transmitted pulses. Passive sonar involves listening
without transmitting a pulse of sound.
Congressional Research Service ˜ The Library of Congress

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at low frequencies used by cetaceans (e.g., whales, dolphins, and porpoises)4 and may
travel long distances in the ocean. When transmission power is high in intensity, there
is concern that these low-frequency transmissions may damage hearing in cetaceans or
cause them to modify their behavior in ways that are detrimental.
This short report provides a chronology of recent concerns and events related to
active sonar and marine mammals. Prior to the late 1990s, concerns focused primarily on
the use of underwater sound as a research tool.5 This report summarizes more recent
events as concern shifted increasingly to focus on military sonar. Additional information
and background can be obtained from the Navy’s website at [http://www.surtass-lfa-eis.
com/], and from the National Oceanic and Atmospheric Administration’s (NOAA)
“Ocean Acoustics Program” website at [http://www.nmfs.noaa.gov/pr/acoustics/].
03/00/1994 – The National Research Council published Low Frequency Sound and
Marine Mammals: Current Knowledge and Research Needs.6
07/23/1999 – The U.S. Navy released for public comment a draft environmental impact
statement on the world-wide deployment of its Surveillance Towed Array
Sensor System (SURTASS) low frequency active (LFA) sonar system.
08/12/1999 – The U.S. Navy submitted an application for a Letter of Authorization from
NOAA to harass marine mammals incidental to operating SURTASS LFA
sonar.7
00/00/2000 – The National Research Council published Marine Mammals and Low
Frequency Sound: Progress Since 1994.8
03/00/2000 – Mass stranding of multiple whale species in the Bahamas and simul-
taneous disappearance of the region’s population of beaked whales
occurred during and following the time when the U.S. Navy used its mid-
frequency active sonar system.
04/06/2000 – The U.S. Navy submitted a revised application for a Letter of Authori-
zation from NOAA to incidentally harass marine mammals incidental to
operating SURTASS LFA sonar.9
4 For example, baleen whales produce underwater sounds at frequencies ranging from 12 Hz up
to 8 KHz, although predominantly below 1 KHz.
5 For background on early research concerns, see archived CRS Report 95-603 ENR, Acoustic
Thermometry of Ocean Climate: Marine Mammal Issues, available from the author.
6 [http://www.nap.edu/books/0309050251/html/].
7 [http://www.surtass-lfa-eis.com/docs/Request%20for%20LOA%2012%20Aug%201999.pdf].
8 [http://books.nap.edu/books/030906886X/html/index.html/].
9 [http://www.surtass-lfa-eis.com/docs/Request%20for%20LOA%206%20Apr%202000.pdf].

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01/00/2001 – The U.S. Navy released its final environmental impact statement.10
10/11/2001 – The House Resources Subcommittee on Fisheries Conservation, Wildlife,
and Oceans held a hearing on the MMPA, including a panel on SURTASS
LFA.11
12/00/2001 – The National Marine Fisheries Service (NMFS) and the U.S. Navy
completed a Joint Interim Report — Bahamas Marine Mammal Stranding
Event of 15-16 March 2000.12
06/10/2002 – The General Accounting Office (GAO) issued a report entitled Testing
Needed to Prove SURTASS/LFA Effectiveness in Littoral Waters.13
07/16/2002 – NOAA published a final rule authorizing the U.S. Navy to harass marine
mammals incidental to operating SURTASS LFA sonar.14
07/23/2002 – The U.S. Navy published its record of decision on the world-wide deploy-
ment of its SURTASS LFA sonar system.15
08/07/2002 – Five environmental groups and a concerned individual filed a lawsuit in
federal district court in San Francisco seeking to halt Navy deployment of
SURTASS LFA sonar (Natural Resources Defense Council v. Evans).
10/31/2002 – U.S. Magistrate Judge Elizabeth LaPorte granted a preliminary injunction
halting Navy deployment of SURTASS LFA after finding NOAA
Fisheries issued the Navy a permit that likely violated federal law.16
11/15/2002 – U.S. Magistrate Judge Elizabeth LaPorte approved a temporary agreement
between the Navy and environmental groups allowing limited testing of
SURTASS LFA while the federal court considered the lawsuit challenging
deployment.17
02/10/2003 – The National Research Council published Ocean Noise and Marine
Mammals.18
10 [http://www.surtass-lfa-eis.com/docs/FEIS%20Vol%20I.pdf].
11 [http://frwebgate.access.gpo.gov/cgi-bin/useftp.cgi?IPaddress=162.140.64.21&filename=75
640.pdf&directory=/diskc/wais/data/107_house_hearings].
12 [http://www.nmfs.noaa.gov/prot_res/overview/Interim_Bahamas_Report.pdf].
13 [http://www.gao.gov/new.items/d02692.pdf].
14 67 Fed. Reg. 46712-46789.
15 67 Fed. Reg. 48145-48154; [http://www.surtass-lfa-eis.com/docs/LFA%20EIS%20ROD.pdf].
16 NRDC press release at [http://www.nrdc.org/media/pressreleases/021031.asp], visited May 6,
2005. Natural Resources Defense Council v. Evans, N.D. Cal., No. C-02-3805, 232 F. Supp. 2d
1003 at [http://www.animallaw.info/cases/caus232fsupp2d1003.htm].
17 [http://www.ens-newswire.com/ens/nov2002/2002-11-18-06.asp].
18 [http://www4.nationalacademies.org/news.nsf/isbn/0309085365?OpenDocument].

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08/26/2003 – U.S. Magistrate Judge Elizabeth LaPorte issued a permanent injunction to
restrict the Navy’s use of SURTASS LFA.19
10/13/2003 – Conservation and animal welfare groups announced a settlement
agreement with the U.S. Navy.20
11/24/2003 – President Bush signed P.L. 108-136, the National Defense Authorization
Act for FY2004; §319 amended the MMPA to exempt military readiness
activities from “specified geographical region” and “small numbers”
requirements.
12/11/2003 – The Marine Mammal Commission, an independent federal agency,
announced establishment of an Advisory Committee on Acoustic Impacts
on Marine Mammals.21
01/29/2004 – U.S. District Judge Samuel Conti denied a permanent injunction to block
testing of SURTASS LFA off the California coast.22
02/09/2004 – NOAA Fisheries announced release of preliminary report investigating
the acoustic exposure of stranded porpoises in Haro Strait, WA, finding
no conclusive link between Navy sonar testing and porpoise deaths.23
02/09/2004 – The U.S. Navy released its report on the U.S.S. Shoup/Haro Strait porpoise
incident.24
06/03/2004 – U.S. Navy submitted an annual report to NOAA on SURTASS LFA sonar
operations.
06/16/2004 – NOAA received an application from the U.S. Navy for two Letters of
Authorization for taking marine mammals by harassment incidental to
deploying the SURTASS LFA sonar system.25
06/29/2004 – NOAA published a proposed rule to amend its July 16, 2002 final rule and
regulations to implement the provisions of P.L. 108-136.26
19 Natural Resources Defense Council v. Evans, N.D. Cal., No. C-02-3805, 279 F. Supp. 2d 1129.
20 [http://www.nrdc.org/media/pressreleases/031013.asp].
21 68 Fed. Reg. 69089-69090.
22 [http://www.whalesafety.net/OPINION.pdf]. Australians for Animals v. Evans, N.D. Cal., No.
C-04-0086, 310 F. Supp. 2d 1114.
23 [http://www.nwr.noaa.gov/mmammals/cetaceans/necropsypage.htm].
24 [http://www.cpf.navy.mil/archive/first_release.htm].
25 [http://www.nmfs.noaa.gov/prot_res/readingrm/MMSURTASS/NavyLFALOA_32004Appl
ication.pdf].
26 69 Fed. Reg. 38873-38876.

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08/24/2004 – NOAA published a notice that two one-year Letters of Authorization have
been issued to the U.S. Navy to take marine mammals by harassment
incidental to operation of the SURTASS LFA sonar system.27
10/20/2004 – The 9th Circuit Court of Appeals affirmed that marine mammals do not
have standing to sue the government over the Navy’s testing of SURTASS
LFA.28
10/28/2004 – The European Union’s (EU) Parliament passed, 441-15, a non-binding
resolution urging EU member states “... to adopt a moratorium on the
deployment of ... LFAS [low frequency active sonar] until a global
assessment of its cumulative environmental impacts on whales, dolphins,
fish and other marine life is completed.”29
11/00/2004 – At the second meeting of the parties to the Agreement on the Conservation
of Cetaceans of the Black Sea, Mediterranean Sea and contiguous Atlantic
Area (ACCOBAMS; Nov. 9-12, 2004, in Palma, Majorca), the 16 member
nations adopted Resolution 2.16 addressing man-made ocean noise,
including naval sonar, and guidelines for its use.30
11/00/2004 – The 3rd IUCN-World Conservation Union Congress (Bangkok, Nov. 17-
25, 2004) passed a resolution encouraging governments to reduce
undersea noise, restrict military active sonar training to low-risk areas and
develop “... international standards that regulate its use.”31 The United
States abstained from voting on this resolution.
11/11/2004 – The National Research Council published Marine Mammal Populations
and Ocean Noise: Determining When Noise Causes Biologically
Significant Effects.32
02/10/2005 – A coalition of international conservation organizations petitioned NATO
to modify active sonar naval exercise protocols to lessen potential harm
to whales and other marine mammals.33
27 69 Fed. Reg. 51996-51998.
28 Cetacean Community v. Bush, U.S. District Court of Appeals for the Ninth Circuit, No. 03-
15866, 386 F.3d 1169.
29 [http://www.europarl.eu.int/meetdocs/2004_2009/documents/RE/540/540103/540103en.pdf].
30 [http://www.accobams.mc/Accob/Wacco.nsf/Fram5Gb!OpenFrameSet].
31 [http://www.iucn.org/congress/members/adopted_res_and_rec/RES/RESWCC3068%20-%2
0RES053.pdf].
32 [http://books.nap.edu/catalog/11147.html].
33 [http://www.nrdc.org/media/pressreleases/050210b.asp] and [http://www.nrdc.org/media/docs/
050210a.pdf].

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