Harassment and takes, as used here, are legal terms that are sometimes interpreted to include any activity that alters the animal's behavior in even minor ways. Behavioral modification, something as innocent as simply causing an animal to change swimming direction, is within the legal definition of take. To harass, to take, is unlawful without a permit. Under present law, the preparation of detailed environmental impact statements is usually required by the National Environmental Policy Act to assess the potential for a significant environmental effect or the possibility of a take. Even for small-scale operations and experiments, these documents are costly to prepare and can take up to a year to complete.
Permits can take more than a year to process before they are granted, if they are granted at all.
In some cases, elaborate environmental surveys and observations are required prior to and during the test period. Acoustic monitoring for the presence of marine mammals and for ascertaining the impact of the operation or test on the mammal or its habitat is also usually required. Compliance with the laws protecting marine mammals is expensive, time consuming, and potentially devastating to a Navy program. It can, and has, stopped programs cold. Unfortunately, the underlying scientific understanding of the effects of sound on marine life, upon which to base reasonable strategies for ensuring that these laws are not violated and that marine life is protected, does not exist.