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COMPTUEX/JTFEX EA/OEA Final Chapter 4They are consistent with regulatory statements defining harm and harassment.They are components of other biological traits that may be relevant.They are a more sensitive and immediate indicator of effect.For example, ecology is not used as the basis of the framework because the ecology of an animal isdependent upon the interaction of an animal with the environment. The animal’s interaction with theenvironment is driven both by its physiological function and its behavior, and an ecological impact maynot be observable over short periods of observation. Anatomy is not used because disruption of ananimal’s anatomy would necessarily result in a change in physiological function.A “physiological effect” is defined here as one in which the “normal” physiological function of theanimal is altered in response to sound exposure. Physiological function is any of a collection of processesranging from biochemical reactions to mechanical interaction and operation of organs and tissues withinan animal. A physiological effect may range from the most significant of impacts (i.e., mortality andserious injury) to lesser effects that would define the lower end of the physiological impact range, such asthe non-injurious distortion of auditory tissues.A “behavioral effect” is one in which the “normal” behavior or patterns of behavior of an animal areovertly disrupted in response to an acoustic exposure. Examples of behaviors of concern can be derivedfrom the harassment definitions in the MMPA and ESA implementing regulations.In this EA/OEA request the term “normal” is used to qualify distinctions between physiological andbehavioral effects. Its use follows the convention of normal daily variation in physiological andbehavioral function without the influence of anthropogenic acoustic sources. As a result, this EA/OEAuses the following definitions:A physiological effect is a variation in an animal’s physiology that results from ananthropogenic acoustic exposure and exceeds the normal daily variation in physiologicalfunction.A behavioral effect is a variation in an animal’s behavior or behavior patterns that resultsfrom an anthropogenic acoustic exposure and exceeds the normal daily variation in behavior,but which arises through normal physiological process (it occurs without an accompanyingphysiological effect).The definitions of physiological effect and behavioral effect used here are specific to this EA/OEA andshould not be confused with more global definitions applied to the field of biology.It is reasonable to expect some physiological effects to result in subsequent behavioral effects. Forexample, a marine mammal that suffers a severe injury may be expected to alter diving or foraging to thedegree that its variation in these behaviors is outside that which is considered normal for the species. If aphysiological effect is accompanied by a behavioral effect, the overall effect is characterized as aphysiological effect; physiological effects take precedence over behavioral effects with regard to theirordering. This approach provides the most conservative ordering of effects with respect to severity,provides a rational approach to dealing with the overlap of the definitions, and avoids circular arguments.The severity of physiological effects generally decreases with decreasing sound exposure and/orincreasing distance from the sound source. The same generalization does not consistently hold forbehavioral effects because they do not depend solely on the received sound level. Behavioral responsesalso depend on an animal’s learned responses, innate response tendencies, motivational state, the patternFebruary 2007 4-20
COMPTUEX/JTFEX EA/OEA Final Chapter 4of the sound exposure, and the context in which the sound is presented. However, to provide a tractableapproach to predicting acoustic effects that is relevant to the terms of behavioral disruption described inthe MMPA, it is assumed here that the severities of behavioral effects also decrease with decreasingsound exposure and/or increasing distance from the sound source.4.3.1.7.6 MMPA Level A and Level B HarassmentCategorizing potential effects as either physiological or behavioral effects allows them to be related to theharassment definitions. For military readiness activities, Level A harassment includes any act that injuresor has the significant potential to injure a marine mammal or marine mammal stock in the wild. Injurydefined in previous rulings (National Oceanic and Atmospheric Administration [NOAA], 2001; 2002), isthe destruction or loss of biological tissue. The destruction or loss of biological tissue will result in analteration of physiological function that exceeds the normal daily physiological variation of the intacttissue. For example, increased localized histamine production, edema, production of scar tissue,activation of clotting factors, white blood cell response, etc., may be expected following injury.Therefore, this EA/OEA assumes that all injury is qualified as a physiological effect and, to be consistentwith prior actions and rulings (NOAA, 2001), all injuries (slight to severe) are considered Level Aharassment.Public Law 108-136 (2004) amended the definition of Level B harassment for military readinessactivities, which applies to this action. For military readiness activities, Level B harassment is defined as“any act that disturbs or is likely to disturb a marine mammal or marine mammal stock by causingdisruption of natural behavioral patterns including, but not limited to, migration, surfacing, nursing,breeding, feeding, or sheltering to a point where such behaviors are abandoned or significantly altered.”Unlike Level A harassment, which is solely associated with physiological effects, both physiological andbehavioral effects may cause Level B harassment.MMPA Harassment ZonesThe volumes of ocean in which Level A and Level B harassment are predicted to occur are described asharassment zones. All marine mammals predicted to be in a zone are considered exposed to harassmentwithin the applicable harassment category. Figure 4.3-1 illustrates harassment zones extending from ahypothetical, directional sound source. (This figure is for illustrative purposes only and does not representthe sizes or shapes of the actual harassment zones).The Level A harassment zone extends from the source out to the distance and exposure at which theslightest amount of injury is predicted to occur. The acoustic exposure that produces the slightest degreeof injury is therefore the threshold value defining the outermost limit of the Level A harassment zone.Use of the threshold associated with the onset of slight injury as the most distant point and least injuriousexposure takes account of all more serious injuries by inclusion within the Level A harassment zone.4-21 February 2007
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COMPTUEX/JTFEX EA/OEA Final Chapter 4of the sound exposure, <strong>and</strong> the context in which the sound is presented. However, to provide a tractableapproach to predicting aco<strong>us</strong>tic effects that is relevant to the terms of behavioral disruption described inthe MMPA, it is assumed here that the severities of behavioral effects also decrease with decreasingsound exposure <strong>and</strong>/or increasing distance from the sound source.4.3.1.7.6 MMPA Level A <strong>and</strong> Level B HarassmentCategorizing potential effects as either physiological or behavioral effects allows them to be related to theharassment definitions. For military readiness activities, Level A harassment includes any act that injuresor has the significant potential to injure a marine mammal or marine mammal stock in the wild. Injurydefined in previo<strong>us</strong> rulings (National Oceanic <strong>and</strong> Atmospheric Administration [NOAA], 2001; 2002), isthe destruction or loss of biological tissue. The destruction or loss of biological tissue will result in analteration of physiological function that exceeds the normal daily physiological variation of the intacttissue. For example, increased localized histamine production, edema, production of scar tissue,activation of clotting factors, white blood cell response, etc., may be expected following injury.Therefore, this EA/OEA assumes that all injury is qualified as a physiological effect <strong>and</strong>, to be consistentwith prior actions <strong>and</strong> rulings (NOAA, 2001), all injuries (slight to severe) are considered Level Aharassment.Public Law 108-136 (2004) amended the definition of Level B harassment for military readinessactivities, which applies to this action. For military readiness activities, Level B harassment is defined as“any act that disturbs or is likely to disturb a marine mammal or marine mammal stock by ca<strong>us</strong>ingdisruption of natural behavioral patterns including, but not limited to, migration, surfacing, nursing,breeding, feeding, or sheltering to a point where such behaviors are ab<strong>and</strong>oned or significantly altered.”Unlike Level A harassment, which is solely associated with physiological effects, both physiological <strong>and</strong>behavioral effects may ca<strong>us</strong>e Level B harassment.MMPA Harassment ZonesThe volumes of ocean in which Level A <strong>and</strong> Level B harassment are predicted to occur are described asharassment zones. All marine mammals predicted to be in a zone are considered exposed to harassmentwithin the applicable harassment category. Figure 4.3-1 ill<strong>us</strong>trates harassment zones extending from ahypothetical, directional sound source. (This figure is for ill<strong>us</strong>trative purposes only <strong>and</strong> does not representthe sizes or shapes of the actual harassment zones).The Level A harassment zone extends from the source out to the distance <strong>and</strong> exposure at which theslightest amount of injury is predicted to occur. The aco<strong>us</strong>tic exposure that produces the slightest degreeof injury is therefore the threshold value defining the outermost limit of the Level A harassment zone.Use of the threshold associated with the onset of slight injury as the most distant point <strong>and</strong> least injurio<strong>us</strong>exposure takes account of all more serio<strong>us</strong> injuries by incl<strong>us</strong>ion within the Level A harassment zone.4-21 February 2007