Free Declaration in Support - District Court of California - California

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RONALD J. TENPAS Acting Assistant Attorney General Environment and Natural Resources Division UNITED STATES DEPARTMENT OF JUSTICE JEAN E. WILLIAMS, Chief KRISTEN L. GUSTAFSON, Senior Trial Attorney Wildlife and Marine Resources Section GUILLERMO MONTERO, Trial Attorney Natural Resources Section Environment & Natural Resources Division UNITED STATES DEPARTMENT OF JUSTICE Benjamin Franklin Station - P.O. Box 7369/ P.O. Box 663 Washington, D.C. 20044 (202) 305-0211 (tel.) / (202) 305-0443 (tel.) (202) 305-0275 (fax) / (202) 305-0274 (fax) [email protected] [email protected] Counsel for Federal Defendants

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

NATURAL RESOURCES DEFENSE COUNCIL, ) INC., et al., ) ) Plaintiffs, ) Civ. Action No. 07-4771-EDL ) ) ) DECLARATION OF CARLOS M. GUTIERREZ, SECRETARY OF ) PETER L. TYACK, PH.D. THE UNITED STATES DEPARTMENT OF ) COMMERCE, et al. ) ) Federal Defendants. ) )

DECLARATION OF PETER L. TYACK Case No. 07-04771 EDL

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I, PETER L. TYACK, declare that the following is true and correct to the best of my knowledge, 1. I received an A. B., summa cum laude, in Biology from Harvard College in 1976,

and a Ph.D. in Animal Behavior from Rockefeller University in 1982. I have worked at the Woods Hole Oceanographic Institution since 1982 and currently am a Senior Scientist there. I have been a member of three committees of the National Academy of Sciences dealing with the issue of effects of anthropogenic sound on marine mammals, have testified to Congress on marine mammal issues in 1994, 2000, and 2002, and I am the author of over 150 peer-reviewed scientific publications, primarily on social behavior and bioacoustics of cetaceans. My curriculum vita is included as Exhibit A. 2. I was introduced to the SURTASS LFA sonar system by Joel Reynolds of the

Natural Resources Defense Council (NRDC) in 1995. At the request of NRDC, I reviewed the 1992 to 1995 SURTASS LFA Environmental Assessments and attended a series of meetings between the Navy and environmental groups discussing the potential effects of sonar on marine life. The issue of greatest concern to me was that SURTASS LFA signals might evoke avoidance reactions or disrupt behavior of baleen whales over large areas of ocean, potentially affecting a significant proportion of some populations. I was concerned about baleen whales because they use sound in the same frequency range as SURTASS LFA, and are thought to have inner ears that are better adapted to hear at these frequencies than are the ears of other marine mammals, most of which have vocalizations and best hearing much higher in frequency than SURTASS LFA. From 1997-1998, I was one of two Principal Investigators of the Scientific Research Program (SRP) to investigate the impact of SURTASS LFA on baleen whales, and I reviewed the Draft and Final Environmental Impact Statements for SURTASS LFA in 1999 and 2001, respectively. Since that time, much of my research has focused on deep-diving toothed
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whales including sperm and beaked whales. 3. issues: · · Relationship between sonar exposure and atypical mass strandings of beaked whales; and Recent studies on impacts from ships, airguns, and alarm stimuli. Based on my expertise and experience, I have been asked to review the following

Literature cited in my declaration is included as Exhibit B. Relationship Between Sonar Exposure and Atypical Mass Strandings of Beaked Whales 4. In March of 1998 a Greek biologist, Alexandros Frantzis, published a scientific

correspondence in Nature entitled "Does acoustic testing strand whales?" Frantzis (1998) reported on a mass stranding of Cuvier's beaked whales, Ziphius cavirostris, along a bay in western Greece during 12-13 May 1996. These whales were in good body condition with stomachs full of fresh food. The most unusual thing about this stranding was that the 12 whales stranded in multiple clusters over 38 kilometers of coastline. By contrast, most mass strandings of whales involve one group that strands much closer together. Frantzis pointed out that this pattern of different clusters of whales stranding over such a large range in such a short time was atypical, and that the timing and spatial extent were consistent with an acoustic cause. Frantzis (1998) stated that these strandings coincided with tests of a Low Frequency Active Sonar (LFAS) system for detecting submarines, and he pointed out that three other atypical mass strandings of beaked whales coincided with naval exercises in the Canary Islands (Simmonds and Lopez-Jurado 1991).1/ 5. In June of 1998, the NATO laboratory that had conducted the Greek sonar tests

1/

Frantzis, A. (1998). "Does acoustic testing strand whales?" Nature 392: 29.
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held a meeting to review the science and discuss the policy considerations resulting from the new information on beaked whale strandings and sonar. The report of this meeting (D'Amico 1998)2/ specifies that the signals transmitted involved simultaneous transmissions of low-frequency (LF) sonar signals at 450-700 Hz at a source level of up to 228 dB re 1 µPa at 1 m, and mid-frequency (MF) (2.8-3.3 kHz) sonar signals at a source level of up to 226 dB re 1 µPa at 1 m. The usual frequency range associated with low-frequency sonars is < 1 kHz. The LF component of the sonar used in Greece certainly was within this band, but barely overlapped with SURTASS LFA, the frequency of which is between 100-500 Hz. To keep this distinction clear, I will use the abbreviation LF for any sonar signal with energy below 1 kHz, and retain LFA only for the SURTASS LFA system. The evidence presented at the meeting did not find any factors likely contributing to the stranding other than the sonar exercise, and concluded that "Behavioural responses to acoustic transmission must be taken into consideration as a possible cause for strandings;" but "An acoustic link can neither be clearly established nor eliminated as a direct or indirect cause for the May 1996 strandings." [D'Amico 1998: 1-3] 6. The only other atypical mass stranding of beaked whales for which information is

publicly available on what sounds were broadcast at what times and locations involves the strandings reported from 15-17 March 2000 in the Bahamas (Evans and England 2001)3/. Within 36 hours, 17 cetaceans stranded on Grand Bahama, Abaco, and North Eleuthera Islands including 9 Cuvier's beaked whales (Ziphius cavirostris), 3 Blainville's beaked whales (Mesoplodon densirostris), two beaked whales of unidentified species, two minke whales (Balaenoptera acutorostrata) and a spotted dolphin (Stenella frontalis). During this time, five D'Amico, A. (1998). Summary Record, SACLANTCEN Bioacoustics Panel. La Spezia, Italy, Saclant Undersea Research Centre. 3/ Evans, D. L. and G. R. England (2001). Joint Interim Report, Bahamas Marine Mammal Stranding, Event of 15-16 March 2000, U.S. Department of Commerce and Secretary of the Navy: 59.
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US Navy ships passed through the Providence Channels while transmitting mid-frequency sonar signals. Two of the ships operated 53C sonars at 2.6 and 3.3 kHz at source levels of 235+ dB re 1 µPa at 1 m, and the other two operated 56 sonars at 6.8, 7.5, and 8.2 kHz at a source level of 223 dB re 1 µPa at 1 m. In spite of the claim on page 6 of the Plaintiffs' Motion for Preliminary Injunction (Motion) that whales were exposed to 150-160 dB for 1-2.5 minutes, it is not known where the whales that stranded were when first exposed to the sonar sounds, so it is impossible to quantify the exposure that was associated with stranding. Also, Evans and England (2001) state that SURTASS LFA sonar was not present, and based upon the sonar signals being transmitted, nor was any other LF sonar source in use. 7. This mass stranding illustrates how complex it can be to interpret the causes of

stranding. The beaked whales stranded over a large distance along the south shore of two islands, the dolphin stranded on the north shore of one of these islands and the minke whales stranded on a different island. The dolphin stranded at a site that was acoustically isolated from the sonar exercise and it showed evidence of chronic disease and debilitation. This suggests that the dolphin stranded alone from primary causes that developed well before the sonar exercise, and that this stranding could well be unrelated to the sonar exercise. One of the minke whales spent 1-2 days on the beach and the other in a harbor before being escorted out to sea by boats, and they did not restrand. Minke whale strandings are unusual in the Bahamas, so the coincidence of the stranding with the sonar exercise is consistent with the hypothesis that sonar may have induced a behavioral response leading to their swimming into the harbor or beaching alive, but there was no indication of injury. 8. At least seven of the beaked whales that stranded died, and six of these were

necropsied. Of these, five were in good enough condition for a detailed necropsy. All were in good body condition, none showed signs of debilitating infectious disease, but at least 4 showed
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hemorrhages consistent with acoustic or impulse injury. Evans and England (2000:16) conclude that "an acoustic event is presumed to be a contributing factor to the observed trauma and subsequent stranding" but that the whales died from the stranding rather than "directly from an impulse or pressure event." 9. The Greek and Bahamas strandings are the only ones for which the acoustic

exposure has been documented. However, the atypical pattern of these strandings, in which many animals strand within hours over tens of kilometers, has not been reported before 1963 and is consistent with being caused by an intense sound source. One example of such an atypical mass stranding involved 14 beaked whales of several species observed to strand from 24-26 September 2002 along the east coasts of Fuerteventura and Lanzarote in the Canary Islands. Fernandez et al. (2005)4/ reported that as in the Bahamas stranding, the stranded animals had good body condition, with no signs of blunt trauma, but hemorrhages were present, especially in the acoustic jaw fat, ears, brain, and kidneys. In addition, they observed gas and fat emboli in vital organs. This led them to suggest that sonar exposure may cause decompression sickness (DCS) in deep-diving whales, and that DCS may have severely injured the whales before they beached. This mass stranding occurred during NATO acoustic exercises involving 50 surface vessels, 30 aircraft, and 6 submarines from 11 countries. D'Spain et al. (2006)5/ list information on the sonars deployed by the 11 NATO countries involved, and point out that most are in the mid-frequency region of 3-10 kHz or slightly higher. The declaration by Gerard Roncolato for case 02-3805-EDL states that MF sonar in the 2.5-8.4 kHz frequency range was used, that none

Fernandez, A., J. F. Edwards, et al. (2005). "Gas and Fat Embolic Syndrome'' Involving a Mass Stranding of Beaked Whales (Family Ziphiidae) Exposed to Anthropogenic Sonar Signals." Veterinary Pathology 42: 446-457. 5/ D'Spain, G., A. D'Amico, et al. (2006). "Properties of the underwater sound fields during some well documented beaked whale mass stranding events." Journal of Cetacean Research and Management 7(3): 223-238.
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of the sources used operate in the LF frequencies (less than 1 kHz) and that SURTASS LFA was not used as part of this exercise. 10. The Plaintiffs' Complaint identifies 15 strandings which they assert are associated

with the presence of naval exercises or naval vessels. Complaint ¶61. The only stranding on Plaintiffs' list where LF sonar was reported to be present was the 1996 Greek stranding, where MF sonar was also used. Plaintiffs acknowledge in paragraph 63 of their Complaint "the lack of observed strandings known to be associated with LFA sonar...." Nearly all such lists would look similar in their patterns of evidence for the presence of MF sonar and lack of evidence for presence of LF sonar, just varying in the number of cases. 11. The Plaintiffs assert that "to date, investigation into beaked whale mortalities has

focused primarily on mid-frequency sonar," but then go on to claim "the available evidence suggests that low-frequency sources could have similar effects." Complaint ¶63; Motion at p. 5. They provide three cases to support this claim: a. The Greek stranding, which involved simultaneous use of low- and mid-

frequency sonar; b. A beaked whale stranding associated with a seismic survey using airguns and two

mid- to high-frequency sound sources; and c. A beaked whale appearing to interrupt a foraging dive in response to ship noise.

The Greek Stranding 12. Natacha Aguilar de Soto maintains in her declaration that the use of LF sonar

"during the Greek exercise leading to the stranding makes it scientifically impossible to exclude LFA from the range of potential causes." Aguilar de Soto Decl. ¶11. In one sense this is true ­ science can never prove that a hypothesis is absolutely true or false. But this situation calls out for a classic scientific method. When Frantzis (1998) first defined atypical strandings and noted
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the report of use of LF sonar, it made sense to associate this unusual stranding with this new kind of sonar. Cox et al. (2006:178) reviewed the Bahamas stranding immediately after reviewing the Greek stranding, and concluded "The [Bahamas] event raised the question of whether the midfrequency component of the sonar in Greece in 1996 was implicated in the stranding, rather than the low-frequency component proposed by Frantzis (1998)." Kenneth Balcomb was a co-author of this peer reviewed scientific paper. Paragraph 8 of his declaration states in this case, however, states "It is my expert opinion that deployment of LFA presents a substantial risk of initiating a panic response resulting in non-auditory injury and mortality in many species of marine mammals at received levels significantly less than 180 dB re 1 uPa. This conclusion is derived in part from research conducted on the mass stranding, injury, and mortality of whales in the Bahamas." This opinion appears inconsistent with the conclusions of Cox et al. (2006) which question whether the low-frequency component of sonar is implicated in beaked whale stranding. While the Greek stranding coincided with simultaneous use of LF and MF sonar, none of the other cases of atypical beaked whale strandings listed by Plaintiffs in Complaint ¶61 (which vary significantly as to the strength of their association with sonar) present evidence of LFA sonar use. 13. Data on the vocalizations and hearing of beaked whales, which have become

available in the last 5 years, also confirm earlier assumptions that these whales, like dolphins that had been previously tested, have hearing more sensitive to high frequencies than to low. The vocalizations of beaked whales studied have little energy below 20 kHz (Johnson et al. 2004, 2006, Madsen et al. 2005, Zimmer 2005)6/. Cook et al. (2006)7/ used the auditory brainstem

/ Johnson, M. P., P. T. Madsen, et al. (2004). "Beaked whales echolocate on prey." Proceedings of the Royal Society of London, B 271(Supplement 6): S383-S386, Madsen, P. T., M. Johnson, et al. (2005). "Biosonar performance of foraging beaked whales (Mesoplodon densirostris)." The Journal of Experimental Biology 208: 181-194,
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response to characterize the hearing of a Gervais' beaked whale (Mesoplodon europaeus). This was a live stranded whale, and the testing conditions were not ideal, but this paper provides the first ever test of the hearing of a beaked whale. This whale heard best at the highest frequency tested, 80 kHz, with decreasing sensitivity down to the lowest frequency tested, 5 kHz. The lowest sound level to produce a detectable response in the beaked whale at 5 kHz was 132 dB re 1 µPa. By contrast, most bottlenose dolphins can detect sounds at 5 kHz in the 70-80 dB re 1 µPa range, with an ability to detect sounds of about 100 dB re 1 µPa at 500 Hz, within the LF frequency range. The shape of the beaked whale audiogram and comparison with dolphin data suggest that beaked whales are likely considerably less sensitive to sound within the LF range than they are to sound within the MF range or frequencies approximating their own highfrequency vocalizations. Most analyses of effects of sound assume that animals are most likely to respond to sounds at frequencies they hear well. MF sonars are well below the frequencies heard best by beaked whales, so this assumption may not neatly fit for MF sonars and beaked whales. However, LFA frequencies are expected to be enough lower than mid-frequencies to suggest that these frequencies are less likely to cause a response mediated by hearing in beaked whales. 14. This hypothesis that lower sonar frequencies are less likely to evoke strong

responses in toothed whales than mid-frequencies has been tested in the field with killer whales,

Zimmer, W., M. X., J. M., et al. (2005). "Echolocation clicks of Cuvier's beaked whales (Ziphius cavirostris)." Journal of the Acoustical Society of America 117: 3919-3927, Johnson, M., P. T. Madsen, et al. (2006). "Foraging Blainville's beaked whales (Mesoplodon densirostris) produce distinct click types matched to different phases of echolocation." Journal of Experimental Biology 209: 5038-5050. 7/ Cook, M. L. H., R. A. Varela, et al. (2006). "Beaked whale auditory evoked potential hearing measurements." Journal of Comparative Physiology A: Neuroethology, Sensory, Neural, and Behavioral Physiology 192: 489-495.
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Orcinus orca, in Norway. Kvadsheim et al. (2007)8/ reported avoidance reactions and changes in diving behavior of killer whales exposed to MF sonar signals (6-7 kHz) at received levels above 150 dB re 1 µPa, but that killer whales were less sensitive to exposure to sonar signals at similar received levels in the 1-2 kHz range (which some European Navies describe as low-frequency sonar, but which still has a higher frequency range than the 100-500 Hz range of SURTASS LFA). Strandings Associated with Seismic Airguns 15. The case of a beaked whale stranding associated with use of airguns during

seismic surveys, which was cited by the Plaintiffs in paragraph 63 of the Complaint, does not represent an atypical stranding, or even a mass stranding by many definitions, and it involves similar ambiguities about multiple sources as the Greek stranding. As Cox et al. (2006:179) state: "In September 2002, marine mammal researchers vacationing in the Gulf of California, Mexico discovered two recently deceased Cuvier's beaked whales on an uninhabited island. They were not equipped to conduct necropsies and in an attempt to contact local researchers, found that a research vessel had been conducting seismic surveys approximately 22km offshore at the time that the strandings occurred (Taylor et al., 2004). The survey vessel was using three acoustic sources: (1) seismic air guns (5500Hz, 259dB re: 1µPa Peak to Peak (p-p); Federal Register, 2003); (2) sub-bottom profiler (3.5kHz, 200dB SPL; Federal Register, 2004); and (3) multi-beam sonar (15.5kHz, 237dB SPL; Federal Register, 2003). Whether or not this survey caused the beaked whales to strand has been a matter of debate because of the small number of
8/

Kvadsheim, P., F. Benders, et al. (2007). Herring (sild), killer whales (spekkhogger) and sonar ­ the 3S-2006 cruise report with preliminary results. Horten, Norway, Forsvarets forskningsinstitutt/Norwegian Defence Research Establishment.
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animals involved and a lack of knowledge regarding the temporal and spatial correlation between the animals and the sound source. This stranding underlines the uncertainty regarding which sound sources or combinations of sound sources may cause beaked whales to strand." 16. In addition to the complication of the non-LF sources that were transmitting

simultaneously with the airguns, Madsen et al. (2006) showed that sounds of airguns recorded near the surface can have predominant energy in the 300-3000 Hz band, overlapping as much with MF as LF sonars.9/ Even if one assumes that airguns may have played a role in the Baja stranding, this result raises questions as to which frequency components were involved. Beaked Whale Response to Shipping Noise 17. Similarly Plaintiffs' Exhibit 57 ­ a paper which discusses the premature surfacing

response of a Cuvier's beaked whale that was foraging at depth as a ship passed overhead -- did not emphasize the point that shipping noise has most of its energy in the low frequency range corresponding to LF sonar. Rather, the paper specifically analyzed the levels of shipping noise in mid-frequency bands and of the echolocation clicks produced by the whales. A key point of the paper was to emphasize the high-frequency components of the ship passage, not the lowfrequency energy emphasized by the Plaintiffs. Potential for SURTASS LFA Sonar to Affect Marine Mammals 18. Among the list of effects that Plaintiffs allege in paragraph 58 of their Complaint

and reiterate in their Motion, I know of no evidence published in the publicly available scientific literature that SURTASS LFA causes the following problems in marine wildlife:

Madsen, P. T., M. Johnson, et al. (2006). "Quantitative measures of airgun pulses impinging on sperm whales using onboard tags and controlled exposures." Journal of Acoustical Society of America 120: 2366-2379.
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1 ·

Mortality or serious injury caused by hemorrhaging of tissues in lungs, air cavities, or

2 other structures of the body, which may lead animals to strand or die at sea [as mentioned before 3 there is one stranding coincident with simultaneous use of both MF and LF sonars (not SURTASS 4 LFA) for which there is no information about hemorrhaging of internal tissues]; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 · Joint pain, disorientation, visual and auditory dysfunction, and other central nervous

system deficits, which likewise may result in serious injury or death; · Stranding in shallow water or beaching caused by these effects [as mentioned before

there is one stranding involving both MF and LF sonars operating simultaneously]; · Chronic stress, which compromises breeding and may leave animals vulnerable to

disease, parasitism and other environmental harms; · Declines in the availability and viability of prey species such as fish and shrimp 19. Plaintiffs also allege that active sonar causes temporary and permanent hearing

loss in marine mammals, avoidance behavior, disruption of biologically essential behaviors, aggressive behavior, habituation, and masking. The scientific literature does not provide evidence for a specific link between SURTASS LFA and these effects in whales and dolphins, First, the scientific literature does not support Plaintiffs' allegation that SURTASS LFA causes temporary and permanent hearing loss in whales and dolphins. Schlundt et al. (2000)10/ have tested for minor shifts in hearing of dolphins and beluga whales due to exposure to tonal sounds like sonar sounds. They did find temporary shifts in hearing (TTS) at higher frequencies, but found no such shift for 1-second exposures in the LFA frequency range for received levels up to 193 dB re 1 µPa, a level corresponding to a distance of about two hundred meters from the sonar. Pings of SURTASS LFA can last up to 100 seconds. The metric used to predict TTS integrates Schlundt, C. E., J. J. Finneran, et al. (2000). "Temporary shift in masked hearing thresholds of bottlenose dolphins, Tursiops truncatus, and white whales, Delphinapterus leucas, after exposure to intense tones." Journal of Acoustical Society of America 107: 3496-3508.
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sound energy over time, and a 100 second signal with a sound pressure level of 173 dB would be equivalent in this metric to a 1-second ping at 193 dB. SURTASS LFA is said to operate at a maximum duty cycle of 20%, which for a 100 second ping, would have a 500 second period of silence. An LFA ship moving at 3 knots (1.5 meters/second) would move about a kilometer over this period. It is possible that an animal might be exposed at these levels for one ping. However, since no TTS was observed for an exposure of 193 dB, there seems a low probability of a minor temporary effect on hearing in these species, much less any permanent effects. Having taken part in most studies on behavioral effects of SURTASS LFA on marine mammals, I agree that some studies have been sensitive enough to detect behavioral effects, but I question the interpretation that these reflect significant adverse impacts. The Low Frequency Sound Scientific Research Program (LFS SRP) did identify that SURTASS LFA signals elicited avoidance behavior in gray whales migrating past the California coast when the source was in the migratory corridor, but there was no such avoidance response when the source was placed a few kilometers offshore (Buck and Tyack 2003).11/ There is no evidence that the avoidance behavior elicited by LFA would lead to abandonment of habitat or migratory pathways. Regarding disruption of biologically essential behaviors, the first phase of the LFS SRP did not find disruption of foraging behavior or abandonment of foraging habitat of blue and fin whales (Croll et al. 2001).12/ The third phase did detect changes in the singing behavior of humpback whales on the Hawaiian breeding ground (Miller et al., 2000)13/, but as I discussed in more detail in my declaration for 02-3805-EDL, I do not think that these results indicate significant disruption of

11/

Buck, J. R. and P. L. Tyack (2003). "An avoidance behavior model for migrating whale populations." J. Acoust. Soc. Am. 113: 2326. 12/ Croll, D.A., C.W. Clark et al. (2001), "Effect of Anthropogenic Low Frequency Noise on the Foraging Ecology of Balaenoptera Whales,." Animal Conservation. 4(1): 13-27 13 / Miller, P.J.O., N. Biassoni, et al. (2000), "Whale songs lengthen in response to sonar." Nature 405(6789):903.
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breeding behavior. The TTS experiments noted that trained captive dolphins and beluga whales occasionally did display aggressive behaviors towards the apparatus (Finneran and Schlundt 2004)14/, but I am not aware of any evidence that SURTASS LFA signals stimulate aggressive behavior of the sort that could result in injury. Finally, habituation, sensitization, and masking are basic features of all sensory systems, but I am not aware of any specific data on these topics for marine wildlife exposed to SURTASS LFA sonar. 20. This review of the evidence suggests to me that the Plaintiffs are bending the

evidence to overstate their case for the likelihood that SURTASS LFA causes strandings. The statements on page 2 of the Plaintiffs' Motion that "Likely impacts" of SURTASS LFA include "internal hemorrhaging, stranding, and death" and on page 17 that SURTASS LFA poses a "foreseeable risk of life-threatening injury and mortality" are not supported by recent scientific research or by comparison of the stranding record against the five years of SURTASS LFA operations. 21. The Plaintiffs' Motion, p. 6, argues that the decision by NMFS and Navy to study

the behavioral impacts of sonar acknowledges heightened concern about the risk of LFA sonar. This statement is untrue. The behavioral response study acknowledges a need for information about the effects of MFA sonar, particularly on beaked whales, but it is not indicative of a similar need for LFA sonar. Recent Studies on Impacts From Ships, Airguns, and Alarm Stimuli 22. Since 2001 there has been considerable research on effects of anthropogenic

sound on the behavior, physiology, and ecology of marine mammals. Some are traditional studies on short term reactions of captive animals to sound. For example, Plaintiffs' Exhibit 58
14/

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Finneran, J. J. and C. E. Schlundt (2004). Effects of Intense Pure Tones of the Behavior of Trained Odontocetes, SSC San Diego: 1-20.
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quantifies a discomfort zone defined by avoidance responses of captive harbor porpoises, Phocoena phocoena. Judging by movements of porpoises of only several meters during 15 minute test periods, the study defined discomfort thresholds between 97-112 dB re 1 µPa for signals in the 10-20 kHz region. The signals selected are used to transmit digital data underwater. The results of this study are compatible with most studies on reactions of Phocoena to sound, which indicate reactions at relatively low sound exposure levels. However, these results involve sounds at frequencies above 10 kHz, where porpoise hearing thresholds are 55 dB or lower (Kastelein et al. 2002)15/. By contrast, the threshold at 250 Hz is 115 dB re 1 µPa, showing that porpoises which avoid exposures of 100 dB at 10 kHz would not even be able to hear them at 250 Hz in the LFA frequency range. 23. Plaintiffs' Exhibit 61 describes responses of North Atlantic right whales to four

stimuli: silence, right whale vocalizations in the 500-4000 Hz range, vessel noise in the 50-500 Hz range, and an alerting stimulus in the 500-4500 Hz range.16/ No clear cut responses were observed to the vocalizations (RLs in the 136-148 dB re 1 µPa range), vessel noise (RLs = 129142 dB re 1 µPa), but a strong response was noted in 5 of the 6 whales exposed to the alert stimulus (RL = 133-148 re 1 µPa). The whales broke off prematurely from their foraging dive and swam strongly on a shallow angled ascent, staying at the surface until the playback ceased,
15/

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Kastelein, R. A., P. Brunskoek, et al. (2002). "Audiogram of a harbour porpoise (Phocoena phocoena) measured with narrow-band frequency-modulated signals." Journal of the Acoustical Society of America 112(1): 334-344.
16/

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The alert stimulus sound was an 18 min exposure consisting of three 2 min signals played sequentially three times over. The three signals had a 60 percent duty cycle and consisted of: i) alternating 1 sec pure tones at 500 and 850 Hz; ii) a 2 sec logarithmic down-sweep from 4500 to 500 Hz; and iii) a pair of low-high (1500 and 2000 Hz) sine wave tones amplitude modulated at 120 Hz and each 1 sec long. The alert signals were designed with three specific goals: i) to pique the mammalian auditory system with disharmonic signals spanning the whale's estimated hearing range; ii) to maximize signal to noise ratio; i.e., use signals that would be distinct from the background and resist masking; and iii) to provide localization cues for the whales.
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at which point they resumed feeding. These results are also consistent with other studies suggesting that right and bowhead whales (members of the balaenid family) appear to respond to anthropogenic sounds at lower levels than humpback whales and other members of the balaenopterid family (blue, fin, sei and minke whales). There was no statistical difference in the received levels of the vessel noise versus the alert stimuli, demonstrating that stimulus type was critical for evoking the response. Unfortunately, nothing is known about responses of right whales to signals from SURTASS LFA. LFA sonar signals are in the same frequency range as the vessel noise, to which whales did not react, but have tonal characteristics similar to some of the alert stimuli, to which the whales did respond. 24. Frid and Dill (2002)17/ suggest that behavioral ecological theories about how

animals should balance the benefits of anti-predator behavior against the costs of responding may be a useful way to view responses to anthropogenic disturbance. They point out that many sources of human disturbance involve stimuli that are approaching, often with increasing and ultimately high stimulus values. Viewing disturbance in terms of anti-predator behavior is likely to be particularly useful for intense sources of sound that move in a way that might trigger responses similar to anti-predator behavior. Zimmer and Tyack (2007)18/ point out that one possible explanation for mass strandings of beaked whales that coincide with mid-frequency sonar exercises is that these sonars have durations and fundamental frequencies very different from the whales' own signals, but that are quite similar to the calls of killer whales (Orcinus orca). In this case it may literally be more appropriate to call the response an anti-predator response rather than simple disturbance. By contrast, the signals of SURTASS LFA are much
17/

Frid, A. and L. Dill (2002). "Human-caused disturbance stimuli as a form of predation risk." Conservation Ecology 6(1): 11. 18/ Zimmer, W., M. X. and P. L. Tyack (2007). "Repetitive shallow dives pose decompression risk in deep-diving beaked whales." Marine Mammal Science 23: 888-925.
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longer and are lower in frequency than killer whale calls. If similarity to predator calls is a factor in the effects of MFA sonars, then the dissimilarity of LFA signals to killer whale calls would suggest a lower risk. 25. The last five years have also seen growing recognition of the importance of how

animals have evolved sensory and communication systems capable of dealing with variation in noise. For example, noise in the ocean or on land may vary by 30 dB depending upon wind, waves, and weather.19/ Other animals also produce unwanted sound ­ for example, the tiny snapping shrimp, Alpheus heterochaelis, can produce source levels as high as 220 dB re 1 µPa at 1m (Versluis et al. 2000).20/ Snapping shrimp can dominate the ambient noise over a broad frequency range, exceeding the noise levels generated by sea state 7, which is characterized by waves of 10 meters or more (25-40 feet).21/ When many animals are signaling close enough together, they are likely to interfere with each other, as their signals usually overlap in frequency. Members of the same species, for example males calling to attract a female, may intentionally compete with a signaler, attempting to reduce the salience of its calls or songs. The problem of communicating in a noisy channel is ubiquitous and important enough to have selected for compensation mechanisms in most animals that rely heavily upon sound for communication or echolocation. Mechanisms for increasing the detectability of signals include waiting to call until noise decreases, increasing the rate of calling, increasing signal intensity, increasing the signal duration, and shifting signal frequency outside of the noise band. All of these mechanisms have

19/

Urick, R. J. (1983). Principles of underwater sound. Los Altos, CA, Peninsula Publishing.

20/

Versluis, M., B. Schmitz, et al. (2000). "How snapping shrimp snap: through cavitating bubbles." Science 289(5487): 2114-2117.
21/

Readhead, M. L. (1997). "Snapping shrimp noise near Gladstone, Queensland." Journal of Acoustical Society of America 101: 1718-1722.
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been identified in mammals and birds, with greatly increased research in this area in the last five years. These changes increase costs for signaling, so if animals show systematic use of compensation mechanisms, this would suggest that the noise is compromising effective communication sufficiently to incur the cost of modifying the signal to compensate for noise. Thus there is growing focus on how animals may be able to compensate for noise, and to quantify the costs of compensation mechanisms. This view reinforces the interpretation that the increased length and redundancy of humpback whale songs during LFA exposure22/ may reflect the whales using well-developed mechanisms to compensate for changes in noise. 26. One of the most important developments in studies on the effects of noise

involves increasing recognition of the need to relate changes in observed behavior to the long term needs of individual animals and populations (NRC 2005).23/ One important area for this work has focused on energetics of foraging. Studies of sperm whale responses to airguns (Plaintiffs' Exhibit 56) and of killer whale responses to vessels (Plaintiffs' Exhibit 59) both suggest that sounds from these anthropogenic sources may reduce foraging rates by 18-19%, and that the impact on reducing energy intake is greater than the impact on increasing energy expenditures. Given information on the duration of such changes, models can be used to predict impacts on growth, survival and reproduction. Even better are studies that link measurements of exposure and responses with long term effects. For example, Bejder (2005)24/ studied bottlenose dolphins, Tursiops sp., in an area where whale-watch and research vessels regularly followed Miller, P.J.O., N. Biassoni, et al. (2000), "Whale songs lengthen in response to sonar." Nature 405(6789):903. 23/ Wartzok, D., J. Altmann, et al. (2005). Marine Mammal Populations and Ocean Noise: Determining when noise causes biologically significant effects. Washington, D.C., National Academy Press.
24/
22/

Bejder, L. (2005). Linking short and long-term effects of nature-based tourism on cetaceans. Biology. Halifax, Nova Scotia, Dalhousie. Ph.D.
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dolphins compared to a similar site with lower vessel traffic. As the vessel traffic increased, the abundance of dolphins in the trafficked site decreased, as did the reproductive rate of females who were sighted more frequently near vessels. These kinds of results emphasize that chronic exposure to many activities previously thought of as benign may threaten wildlife populations. A critical risk factor here is the continuous presence of the source of disturbance day-in day-out for years within the impact zone of a population. With a mission duration estimated at 40 days with 7.5% duty cycle for transmissions, SURTASS LFA seems less likely to pose this risk for cumulative impact compared to daily vessel disturbance for years, but more likely than one-time passage of a sound source. 27. The element of SURTASS LFA sonar that most concerned me when it was

brought to my attention was the long range over which low frequency sound can travel, and therefore the large area for potential behavioral effects. The LFS SRP was specifically designed to evaluate the potential scope of these effects for baleen whales that use sounds in the LFA frequency range and are thought to hear well in this range. The studies were selected to cover the three critical phases of the baleen whale year: feeding, migrating, and breeding. The studies on feeding blue and fin whales suggested that whales continued to feed when exposed to received levels near 140 dB re 1 µPa, and movements of the whales appeared more strongly linked to prey abundance than to LFA (Croll et al. 2001).25/ 28. Several of Plaintiffs' declarants register concerns about particular species of

baleen whales which, I believe, have largely been addressed by the LFS SRP. The declaration of Maria Vorontsova states concern about the effect of LFA on gray whales, Eschrichtius robustus. I shared this concern in 1997 as the LFA SRP was developed. The phase of this study on

25/

Croll, D. A., C. W. Clark, et al. (2001). "Effect of Anthropogenic Low-frequency Noise on the Foraging Ecology of Balaenoptera Whales." Animal Conservation 4(1): 13-27.
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migration studied the effects of LFA on gray whales migrating past the California coast, an area where previous studies on responses to continuous noise had reported avoidance responses at received levels of about 120 dB re 1 µPa. When the LFA source was placed in the inshore migration corridor for gray whales, they avoided exposures to received levels of about 135 dB re 1 µPa (Buck and Tyack 2003) 26/. However, when the source was placed a few kilometers (~1 mile) farther offshore, even the whales that passed close to the source did not show this avoidance response. As long as the LFA sonar is operated well offshore of coastal migrations of the gray whale, these data suggest little risk of disruption of migration. 29. The declaration of John Calambokidis states particular concern that LFA might

affect the breeding behavior of humpback whales, Megaptera novaeangliae. I shared this concern in 1997, and the third phase of the LFS SRP studied the effect of LFA on the songs of humpback whales, which are thought to play a role in reproduction. This study found that 5 of the 18 whales exposed to an hour of LFA transmissions stopped singing.27/ For a conservative analysis, all of these interruptions were treated as a potential response to playback, even though cessation of song is routine.28/ Most of the whales that stopped singing during LFA exposure without joining another whale, started singing again while the LFA signals were still being transmitted. This is a critical finding in terms of evaluating long term impacts during longer periods of transmission. For the whales that did not stop singing, there was a significant increase in the duration of each song, which was caused by increased repetition of elements of the song. This kind of increased redundancy is a classic mechanism described by the mathematical theory
26/

22 23 24

Buck, J. R. and P. L. Tyack (2003). "An avoidance behavior model for migrating whale populations." J. Acoust. Soc. Am. 113: 2326. 27/ Miller, P. J. O., N. Biassoni, et al. (2000). "Whale songs lengthen in response to sonar." Nature 405(6789): 903. 28/ Tyack, P. L. (1981). "Interactions between singing hawaiian humpback whales and conspecifics nearby." Behavioral Ecology and Sociobiology 8: 105-116.
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of information to compensate for increased noise. The dominant source of ambient noise for a singing humpback is the songs of other humpbacks (Au et al. 2000)29/, leading to selection for ways to compensate for this competition. While Miller et al. (2000) clearly demonstrated sensitivity and changes in behavior for whales exposed to LFA sonar at received levels ranging from 130-150 dB re 1 µPa, my interpretation of these data is that they do not indicate a significant risk to reproductive success as suggested by Plaintiffs. See, e.g., Plaintiffs' Exhibit 52. Conclusion 30. The Complaint argues that the previous LFA case resulted in "appropriate

mitigation measures, ... taking necessary and feasible steps to protect marine mammals and endangered species ..." [Complaint p. 2] and that the mitigation measures previously ordered by the Court are "adequate" [Complaint p. 5]. 31. I must take issue with the Plaintiffs' evaluation of how high the risk is of

SURTASS LFA causing strandings of beaked whales. As I have discussed in detail, I believe that a balanced review of the scientific literature shows growing evidence of a coincidence between the use of MF sonar and atypical strandings of beaked whales in certain circumstances, and decreasing reasons for concern that LFA sonar might be involved in this risk. This is particularly important for balancing risks as one considers which monitoring and mitigation measures are appropriate. If the Plaintiffs truly believe that SURTASS LFA sonar poses a significant risk for stranding, injury and death of beaked whales, then this raises serious questions about whether the mitigation measures they themselves have promoted are the most appropriate. Plaintiffs' argument for expanded coastal exclusion zones are in tension with their
29/

Au, W. W. L., M. O. Lammers, et al. (2000). "Characteristics of chorusing sounds of humpback whales wintering in waters off western Maui." Journal of the Acoustical Society of America 108: 2612.
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EXHIBIT A--CURRICULUM VITA OF PETER L. TYACK Senior Scientist (with tenure) Biology Department Woods Hole Oceanographic Institution Woods Hole, Massachusetts 02543 Birth: 3l December l953, Boston MA

EDUCATION A.B., summa cum laude in Biology, Harvard College, l976. Ph.D., in Animal Behavior, Rockefeller University, 1982, Donald R. Griffin, advisor.

EMPLOYMENT 1971-1972: 1974-1975: 1976: 1977-1981: 1977-1982: 1982-1983: 1983-1985: 1985-1989: 1989-1999: 1994-1995: Research Assistant Research Associate Staff Biologist Research Associate Graduate Fellow Postdoctoral Scholar Guest Investigator Assistant Scientist Associate Scientist Fellow Alza Co New York Zoological Society Oregon Public Utilities Commission New York Zoological Society Rockefeller University Woods Hole Oceanographic Institution Woods Hole Oceanographic Institution Woods Hole Oceanographic Institution Woods Hole Oceanographic Institution Center for Advanced Study in the Behavioral Sciences, Stanford CA 1999-: Senior Scientist Woods Hole Oceanographic Institution
24

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2001-2007

Walter A. and Hope Noyes Chair in Oceanography

Woods Hole Oceanographic Institution

2001-2002

Visiting Scientist

NATO Undersea Research Centre, Italy

MEMBERSHIPS Federal Advisory Committee on Acoustic Impacts on Marine Mammals, US Marine Mammal Commission (2004-2005) Committee on Characterizing Biologically Significant Marine Mammal Behavior. Ocean Studies Board, National Research Council (2003-2004) Committee to Review Results of ATOC's Marine Mammal Research Program. Ocean Studies Board, National Research Council (1996-2000) Committee on Low Frequency Sound and Marine Mammals, Ocean Studies Board, National Research Council (1992-1994) Advisory Board for Marine Mammal Research Program, ATOC. Trustee, Center for Coastal Studies (1996-1999) Member, Scientific Advisory Board, New England Aquarium (1992-1996) Member; Acoustical Society of America, Animal Behavior Society; A.A.A.S., Sigma Xi Charter Member, Society for Marine Mammalogy Associate, Behavioral and Brain Sciences. Fellow, Center for Climate and Ocean Research (CICOR) Fellow, Acoustical Society of America Member, Committee of Scientific Advisors on Marine Mammals, Marine Mammal Commission 2000-2003 Associate Editor, Marine Mammal Science, Encyclopedia of Ocean Sciences, IEEE Journal of
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Oceanic Engineering Adjunct Scientist, Mote Marine Aquarium Adjunct Professor, Department of Oceanography, University of Rhode Island

RESEARCH INTERESTS · · · Social behavior and acoustic communication in cetaceans. Vocal learning and mimicry in the natural communication systems of cetaceans. Individually distinctive signature signals, vocal learning, and mimicry in the bottlenose dolphin and the sperm whale. · · · · Acoustic structure and social functions of the songs of baleen whales. Responses of cetaceans to manmade noise. Playback to cetaceans of their own and conspecific vocalizations. Development of methods to identify which cetacean produces a sound within a social group.

BOOKS 2005 Wartzok D, J. Altmann, W. Au, K. Ralls, A. Starfield, P. L. Tyack. Marine Mammal

Populations and Ocean Noise: Determining when noise causes biologically significant effects. (NRC report) Washington, D.C.: National Academy Press. 2003 de Waal, F. B. M. and P.L. Tyack. Animal Social Complexity: Intelligence, Culture, and

21 Individualized Societies. Harvard University Press 22 23 24 2000 Mann, J., Connor, R., Tyack, P.L., and H. Whitehead. Cetacean Societies: field studies

of whales and dolphins. Chicago: University of Chicago Press.
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2000 Popper, A.N., DeFerrari, H.A., Dolphin, W.F., Edds-Walton, P.L., Greve, G.M., McFadden, D., Rhines, P.B., Ridgway, S.H., Seyfarth, R.M., Smith, S.L., and P.L. Tyack. Marine mammals and low-frequency sound. (NRC report) Washington, D.C.: National Academy Press. 1994 Green, D.M., DeFerrari, H.A., McFadden, D., Pearse, J.S., Popper, A.N., Richardson,

W.J., Ridgway, S.H., and P.L. Tyack. Low-frequency sound and marine mammals: current knowledge and research needs. (NRC report) Washington, D.C.: National Academy Press.

SELECTED RECENT PAPERS IN PEER REVIEWED SCIENTIFIC JOURNALS Submitted Southall, B. L., Bowles A. E., Ellison, W. T., Finneran, J. J., Gentry R. L., Greene

Jr. C. R., Kastak D., Ketten D. R., Miller J. H., Nachtigall, P. E., Richardson, W. J., Thomas, J. A., Tyack P. L. Marine mammal noise exposure criteria: initial scientific recommendations. Aquatic Mammals 2007 Zimmer W. M. X. & Tyack P. L. Repetitive shallow dives pose decompression risk in

deep diving beaked whales. Marine Mammal Science, 23:888-925 2007 Nowacek D. P., Thorne L. H., Johnston D. W., Tyack P. L. Responses of cetaceans to

anthropogenic noise. Mammal. Review 37:81-115 2007 Miksis-Olds J. L., Donaghay Percy L., Miller, J. H., Tyack, P. L., Reynolds, J. E. III.

Simulated vessel approaches elicit differential responses from manatees. Marine Mammal Science 23:629-649 2007 Wilson M., Hanlon R., Tyack P., and Madsen P.T. Intense ultrasonic clicks from

echolocating toothed whales do not acoustically debilitate or elicit anti-predator responses in the squid Loligo pealeii. Proceedings of the Royal Society Biological Letters. 3:225-227
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2006

Tyack, P. L., Johnson, M., Soto, N. A. d., Sturlese, A. & Madsen, P. T.. Extreme diving

behaviour of beaked whale species known to strand in conjunction with use of military sonars. Journal of Experimental Biology 209:4238-4253. 2006 Johnson M., Madsen P.T., Zimmer W.M.X.Z., Aguilar de Soto N., Tyack P.L. Foraging

Blainville's beaked whales (Mesoplodon densirostris) produce distinct click types matched to different phases of echolocation. Journal of Experimental Biology 209:5038-5050. 2006 Madsen P.T., Johnson M., Miller P., Aguilar de Soto N. and Tyack P. 2006. Quantitative

measures of airgun pulses impinging on sperm whales using onboard tags and controlled exposures. Journal of Acoustical Society of America 120:2366-2379. 2006 Watwood, S. L., Miller, P. J. O., Johnson, M., Madsen, P. T. and Tyack, P. L. Deep-

diving foraging behavior of sperm whales (Physeter macrocephalus). J. Animal Ecology 75:814825. 2006 Aguilar de Soto, N., Johnson, M., Madsen, P. T., Tyack, P. L., Bocconcelli, A. &

Borsani, J. F. Does intense ship noise disrupt foraging in deep-diving Cuvier´s beaked whales (Ziphius cavirostris). Marine Mammal Science. 22: 690-699. DOI: 10.1111/j.17487692.2006.00044.x 2006 Cox, T. M., Ragen, T. J., Read, A. J., Vos, E., Baird, R. W., Balcomb, K., Barlow, J., Caldwell, J., Cranford, T., Crum, L., D'Amico, A., D'Spain, G., Fernández, A., Finneran, J., Gentry, R., Gerth, W., Gulland, F., Hildebrand, J., Houser, D., Hullar, T., Jepson, P. D., Ketten, D., MacLeod, C. D., Miller, P., Moore, S., Mountain, D., Palka, D., Ponganis, P., Rommel, S., Rowles, T., Taylor, B., Tyack, P., Wartzok, D., Gisiner, R., Mead, J. & Benner, L. Why Beaked Whales? Report of Workshop to Understand the Impacts of Anthropogenic Sound. Journal of Cetacean Research and Management 7:177-187. 2006 Suzuki, R., Buck, J. R. & Tyack, P. L. Information entropy of humpback whale songs.
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The Journal of the Acoustical Society of America 119:1849-1866. 2005 Poole J. H., Tyack P. L., Stoeger-Horwath A. S. Watwood S. Elephants capable of vocal

learning. Nature 434:455-456 2005 Zimmer W. M. X., Johnson M., Madsen P. T., Tyack P. L. Echolocation clicks of Cuvier's beaked whales (Ziphius cavirostris). Journal of the Acoustical Society of America 117:3919-3927 2005 Zimmer W.M.X., Madsen P.T., Teloni V., Johnson M.P., Tyack P.L. Off-axis effects on

the multi-pulse structure of sperm whale usual clicks with implications for the sound production. Journal of Acoustical Society of America 118: 3337-3345. 2005 Parks, S. E. & Tyack, P. L.. Sound production by North Atlantic right whales (Eubalaena

glacialis) in surface active groups. Journal of the Acoustical Society of America, 117:3297-3306. 2005 Zimmer W., Tyack P.L., Johnson M., Madsen P. 3-Dimensional beam pattern of regular

sperm whale clicks confirms bent-horn hypothesis J. Acoust. Soc. Am. 117:1473-1485 2005 Madsen P.T., Johnson M., Aguilar DeSoto N., Zimmer W.M.X. and Tyack P. Biosonar

performance of foraging beaked whales (Mesoplodon densirostris). J exp. Biol 280:181-194 2005 Teloni V., Zimmer W.X.M., Tyack P.L. Sperm whale trumpet sounds. Bioacoustics 15:

163-174. 2004 Fripp D., Owen C., Shapiro A., Quintana E., Buckstaff E., Wells R. S., and P. L. Tyack. Bottlenose dolphin calves model their signature whistles on the whistles of community members they rarely hear. Animal Cognition 8:17-26 2004 Suzuki, R, Buck J. R., Tyack P. L.The use of Zipf's law in animal communication

analysis. Animal Behaviour, Available online 11 November 2004, 2004 Miller P. J. O., Johnson M. P. Tyack, P. L. Sperm whale behaviour indicates the use of

rapid echolocation click buzzes 'creaks' in prey capture. Proc Roy Soc B 271:2239-2247.
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2004 Johnson M., Madsen P. T., Zimmer W. M. X., de Soto N. A., Tyack P. L. Beaked whales echolocate on prey. Proceedings of the Royal Society B [Biology Letters] 271:S383-S386. DOI: 10.1098/rsbl.2004.0208 2004 Miller, P., Shapiro, A., Solow, A., and P. L. Tyack. Call-type matching in vocal

exchanges of free-ranging killer whales, Orcinus orca. Animal Behaviour 67:1099-1107. 2004 Watwood S. L., P. L. Tyack & R. S. Wells. Whistle sharing in paired male bottlenose

dolphins, Tursiops truncatus. Behavioral Ecology and Sociobiology 55:531-543. 2004 Miller, P. J. O., Johnson, M., Tyack, P., and Terray, E. `Swimming gaits, passive drag,

and buoyancy of diving sperm whales (Physeter macrocephalus)', J. Experimental Biology, 207:1953-1967. 2004 Tyack, P; Gordon, J. and D. Thompson. Controlled exposure experiments to determine

the effects of noise on large marine mammals. Marine Technology Society Journal, 37(4): 41-53. 2004 Nowacek, D., Johnson, M., and P. Tyack. `North Atlantic right whales (Eubalaena

glacialis) ignore ships but respond to alarm stimuli', Proc. R. Soc. B., 271:227-231. 2003 Zimmer W. M.X., M. P. Johnson, A. D'Amico, P. L. Tyack. Combining data from a

multi-sensor tag and passive Sonar to determine the diving behavior of a sperm whale (Physeter macrocephalus). IEEE Journal of Oceanic Engineering 28:13-28. 2003 Johnson M. and P. L. Tyack A Digital Acoustic Recording Tag for Measuring the

Response of Wild Marine Mammals to Sound. IEEE Journal of Oceanic Engineering 28:3-12. 2003 Lynch, J. F., A. E. Newhall, B. Sperry, G. Gawarkiewicz, A. Fredericks, P. Tyack, C. S. Chiu, and P. Abbot. Spatial and Temporal Variations in Acoustic Propagation Characteristics at the New England Shelfbreak Front. IEEE Journal of Oceanic Engineering 28:129-150.

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2003

Tyack, P. L. Dolphins communicate about individual-specific relationships. In: Animal

Social Complexity: Intelligence, Culture, and Individualized Societies. (de Waal, F. B. M. and P.L. Tyack, eds.) Harvard University Press, Cambridge MA, pp. 342-367. 2002 Thomas, R.T., Fristrup, K.M. and P.L. Tyack. Linking the sounds of dolphins to their

locations and behavior using video and multichannel acoustic recordings. Journal of the Acoustical Society of America,112:1692-1701. 2002 Baird R. W., J. F. Borsani, M. B. Hanson and P. L. Tyack. Diving and night-time

behaviour of long-finned pilot whales in the Ligurian Sea. Marine Ecology Progress Series 237:301-305 2002 Miksis, J.L., Tyack, P.L. and J. R. Buck. Captive dolphins, Tursiops truncatus, develop

signature whistles that match acoustic features of human-made sounds. Journal of the Acoustical Society of America, 112:728-739. 2002 Tyack, P.L. and E.H. Miller. Vocal anatomy, acoustic communication, and echolocation

in marine mammals. In: Marine mammal biology: an evolutionary approach. (A.R. Hoelzel, ed), Blackwell Scientific, Oxford, England, pp. 142-184. 2000 Miller, P.J.O., N. Biassoni, A. Samuels, and P.L. Tyack. Whale songs lengthen in

response to sonar. Nature 405:903.

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EXHIBIT B--LITERATURE CITED

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Impacts on Marine Mammals, International Workshop, London. Fernandez, A., J. F. Edwards, et al. (2005). "Gas and Fat Embolic Syndrome'' Involving a Mass Stranding of Beaked Whales (Family Ziphiidae) Exposed to Anthropogenic Sonar Signals." Veterinary Pathology 42: 446-457. Finneran, J. J. and C. E. Schlundt (2004). Effects of Intense Pure Tones of the Behavior of Trained Odontocetes, SSC San Diego: 1-20. Frantzis, A. (1998). "Does acoustic testing strand whales?" Nature 392: 29. Frid, A. and L. Dill (2002). "Human-caused disturbance stimuli as a form of predation risk." Conservation Ecology 6(1): 11. Johnson, M., P. T. Madsen, et al. (2006). "Foraging Blainville's beaked whales (Mesoplodon densirostris) produce distinct click types matched to different phases of echolocation." Journal of Experimental Biology 209: 5038-5050. Johnson, M. P., P. T. Madsen, et al. (2004). "Beaked whales echolocate on prey." Proceedings of the Royal Society of London, B 271(Supplement 6): S383-S386. Kastelein, R. A., P. Brunskoek, et al. (2002). "Audiogram of a harbour porpoise (Phocoena phocoena) measured with narrow-band frequency-modulated signals." Journal of the Acoustical Society of America 112(1): 334-344. Kvadsheim, P., F. Benders, et al. (2007). Herring (sild), killer whales (spekkhogger) and sonar ­ the 3S-2006 cruise report with preliminary results. Horten, Norway, Forsvarets forskningsinstitutt/Norwegian Defence Research Establishment. Madsen, P. T., M. Johnson, et al. (2005). "Biosonar performance of foraging beaked whales (Mesoplodon densirostris)." The Journal of Experimental Biology 208: 181-194. Madsen, P. T., M. Johnson, et al. (2006). "Quantitative measures of airgun pulses impinging on sperm whales using onboard tags and controlled exposures." Journal of Acoustical Society of
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America 120: 2366-2379. Miller, P. J. O., N. Biassoni, et al. (2000). "Whale songs lengthen in response to sonar." Nature 405(6789): 903. Readhead, M. L. (1997). "Snapping shrimp noise near Gladstone, Queensland." Journal of Acoustical Society of America 101: 1718-1722. Schlundt, C. E., J. J. Finneran, et al. (2000). "Temporary shift in masked hearing thresholds of bottlenose dolphins, Tursiops truncatus, and white whales, Delphinapterus leucas, after exposure to intense tones." Journal of Acoustical Society of America 107: 3496-3508. Tyack, P. L. (1981). "Interactions between singing hawaiian humpback whales and conspecifics nearby." Behavioral Ecology and Sociobiology 8: 105-116. Urick, R. J. (1983). Principles of underwater sound. Los Al