The Marine Mammal Protection Act (MMPA) was enacted in 1972 in response to increasing concerns about the decline in some species of marine mammals. The Act was originally intended to help marine mammal populations that were in decline as a result of human activities, such as overhunting, overfishing, incidental catch, and unscrupulous trade.
The MMPA is now over 50 years old. When the MMPA was drafted, it was never envisioned to regulate underwater sound. Today, the energy geoscience industry is heavily restricted by the Act, and tasked with performing increasingly complex models and calculations that do little to protect wild marine mammals. The geoscience industry does not seek to be exempt from the original intent of the Act, but rather it seeks modernization of the MMPA to implement a decision-making process based on the best available science.
Seismic surveying technology has been used extensively around the world for over 60 years, with no documented harm to marine life populations or commercial fishing. In fact, seismic surveys, thriving marine mammal populations, and economically valuable and sustainable fisheries coexist in the U.S. and worldwide. Seismic surveying is an essential component of responsible energy resource development and reduces the overall environmental footprint associated with energy exploration. Seismic surveying also assists in the planning and installation of offshore alternative energy facilities and provides valuable data on the dynamic processes that shape our oceans and coasts.
Unfortunately, vague language and regulatory loopholes have allowed some organizations to misuse the Act for their own agendas – primarily through dubious lawsuits. The goal of this exploitation has little to do with the protection of marine mammals. Rather, it is intended to halt offshore energy exploration by using the MMPA to create restrictions, delays, and bottlenecks to conducting geophysical science and understanding.
