The license to take.
In the law that protects whales and dolphins, “take” means to harass, injure, or kill. The US military holds a standing federal permit to do it by the million — and the limit that binds everyone else was removed just for them.
When 1,428 dolphins were driven ashore in the Faroe Islands and the water ran red, the world recoiled. Our own military's license to harm marine mammals on a vastly larger scale is written into federal law — and almost never makes the news. This page grades exactly what that license says, and corrects the version that overstates it.
What this page is about
The Marine Mammal Protection Act makes it illegal to “take” a whale, dolphin, or seal — and in the statute, “take” means to harass, hunt, capture, or kill. Ordinary applicants may be allowed to harm only small numbers of animals in a specified place. For the military, Congress deleted both of those limits. Through the National Defense Authorization Act, the Navy now receives seven-year federal authorizations to “take” marine mammals across whole ocean ranges — and the Secretary of Defense can exempt military activities from the law entirely for “national defense.”
The honest scale matters. Across its Atlantic, Pacific, Hawaii, and Mariana ranges, the Navy's own rules authorize marine-mammal “takes” numbering in the millions over each seven-year term — but the overwhelming majority are harassment (temporary disruption of behavior or hearing from sonar and explosions), with a far smaller, defined number of injuries and deaths. So the viral line — “the US military kills millions of animals a year” — is not what the record shows. What the record shows is a standing, penalty-free license to harm protected wildlife at a scale no one else is granted, drawing almost none of the outrage aimed at a foreign whale hunt a fraction of the size.
Books that go deeper on this story. Links are Amazon affiliate searches — buying through them supports the work at no cost to you.
The same investigation, restaged one beat at a time. Step through it here, or present it fullscreen.
The License to Take.
In the law that protects whales and dolphins, 'take' means to harass, injure, or kill. The US military holds a standing federal permit to do it by the million — and the limit that binds everyone else was removed just for them.
What the license actually says
The law lets the military 'take' marine mammals — and 'take' includes killing them.
FACTStraight from the statute. The Marine Mammal Protection Act defines 'take' to mean 'to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal.' Under it, the National Marine Fisheries Service issues the Navy (with the Coast Guard, Army, Marines, and Air Force) authorizations to take marine mammals incidental to training and testing — by sonar, explosives, air guns, and pile driving — across huge study areas: the Atlantic (AFTT), Hawaii–Southern California (HSTT), the Mariana Islands (MITT), and the Pacific/Indian Ocean (SURTASS low-frequency sonar). These are not loopholes; they are the published rules.
- Federal Register (NOAA/NMFS) — Mariana Islands Training and Testing: 'take' defined; military-readiness authorizations; the MMPA/NDAA framework
- Federal Register (NOAA/NMFS) — Atlantic Fleet Training and Testing final rule, 7-year authorization (Nov 2025–Nov 2032)
- NOAA Fisheries — Incidental Take Authorizations under the Marine Mammal Protection Act (construction, oil and gas, and military exercises)
Congress deleted the 'small numbers' limit — but only for the military.
FACTThis is the heart of it. For a normal applicant, the MMPA allows incidental take only of 'small numbers' of marine mammals within a 'specified geographical region.' The National Defense Authorization Act for Fiscal Year 2004 amended the Act to remove both of those phrases for 'military readiness activities,' and rewrote the definition of harassment into a military-specific, two-tier test (Level A: injury or significant potential to injure; Level B: disruption of natural behaviors like migrating, breeding, feeding). A later NDAA (2019) let these authorizations run up to seven years at a time. The cap that constrains everyone else was lifted for the one actor with the largest footprint.
- Public Law 108-136 — National Defense Authorization Act for Fiscal Year 2004 (amended MMPA §101(a)(5); removed 'small numbers' / 'specified geographical region' for military readiness)
- Federal Register (NOAA/NMFS) — text of the 2004 NDAA amendment and the Level A / Level B 'military readiness' harassment definition
The Secretary of Defense can exempt military activities from the law entirely.
FACTBeyond the relaxed permitting, there is an off switch. The 2004 NDAA also amended the MMPA to let the Secretary of Defense exempt any military-readiness activity from the Act's requirements when he determines it is necessary for national defense — a power paralleled by a national-security exemption under the Endangered Species Act. So even the eased rules can be set aside by the department being regulated. Legal scholars have flagged the arrangement as a rare case of an agency able to write itself out of the statute meant to check it.
The authorized harm runs to the millions — but it is mostly harassment, not death.
FACTHere is the number, graded honestly. Across its ocean ranges, the Navy's own rules authorize marine-mammal 'takes' that total in the millions over their seven-year terms. But the overwhelming majority are Level B harassment — behavioral disruption and temporary hearing effects from sonar and underwater detonations — with a far smaller, defined number of Level A injuries and a limited, specified number of mortalities. That distinction is the whole discipline here: the true, documented claim is a standing license to HARM marine mammals by the million, deaths included; the overclaim 'the military kills millions of animals' is not supported and we do not make it. The harm is real, the scale is real, and the honest version is still staggering.
A single foreign hunt of 1,428 dolphins shook the world. The standing license does not.
FACTOn September 12, 2021, Faroese hunters drove a super-pod of 1,428 Atlantic white-sided dolphins ashore at Skalabotnur and killed them — the largest single hunt in the islands' history, part of the grindadrap that brought the territory's 2021 cetacean toll to 2,043. The images of red water went global; there were headlines, petitions, and fresh calls for a ban. The contrast is the point: a foreign hunt of roughly 1,400 animals is a worldwide scandal, while a standing US federal program authorizing harm to marine mammals by the million — from the institution our own tax dollars fund — is a line item in the Federal Register almost no one reads.
Why a foreign hunt is news and our own license is not
- Distance makes outrage easy. A hunt on a foreign shore, with a visible beach and red water, is a clean villain story. A federal authorization for sonar across an ocean range, measured in behavioral “takes,” has no single image and implicates us. The harder story is the one closer to home, and it is the one that goes uncovered.
- “Harassment” sounds mild. It is not always mild. The legal word launders the stakes. Level B harassment can mean driving whales from feeding or breeding grounds; intense sonar and detonations have been linked to mass strandings. Calling it “take by harassment” is accurate, but the bland term is part of why the scale never registers.
- The regulator and the regulated overlap. NMFS does impose mitigation, monitoring, and a “negligible impact” finding — we carry that. But when the Secretary of Defense can exempt the activity outright, the guardrails exist at the discretion of the party being guarded. That is a structural reason the coverage stays thin: there is no dramatic court fight when the law already says yes.
- This is a knowledge problem, not only an animal one. Which harms get wall-to-wall coverage and which get filed quietly is itself a form of power. That is the thread into Who Controls What You Get to Know: the outrage is rationed, and the rationing follows the politics.
What we buy, and what it costs
Put the numbers next to each other. A foreign hunt of about 1,400 dolphins is a global scandal; the US military's standing authorizations permit harm to marine mammals by the million over their terms. And this is the same institution that is, by the measure that matters, the largest institutional greenhouse-gas emitter and petroleum consumer on earth, with hundreds of its own bases listed as “forever chemical” contamination sites — documented in The War Machine's Toxic Footprint.
- ~$1.01–1.05 trillion — US national defense spending for fiscal year 2026, after a roughly 13–17% jump; the department now brands itself the “Department of War.”
- ~$47–48 billion — the entire annual budget of the National Institutes of Health, the government's primary engine for curing disease. Defense outspends it by roughly 21 to 1.
- The pollution is a health story. The same footprint puts “forever chemicals” in the water around hundreds of bases and poisoned the tap water of military families at Red Hill. We spend near a trillion dollars a year on an enterprise that, as a side effect, makes the people it is meant to protect measurably less healthy — and the cleanup bill lands on the public, long after the budgets that caused it were spent.
The filmmaker Abby Martin titled her documentary on this Earth's Greatest Enemy. You do not have to accept the slogan to sit with the question underneath it: how does a single institution get to harm wildlife by the million, emit more than most nations, and contaminate its own ground — while the urgency, the outrage, and the cameras point almost everywhere else?
The exemption nobody audits
The defense budget is the part of government least subject to a real audit, and the harm it is legally permitted to do — to oceans, to wildlife, to the ground under its own bases — is the least-counted part of that. That is the core of Military Grift: an enormous enterprise whose true costs are written out of the ledger, sometimes literally, by a law the department can exempt itself from.
And it is a Who Controls What You Get to Know story, because the scandal is not only the license — it is how quietly the license sits. A foreign village killing 1,400 dolphins is a moral emergency the whole internet can see; our own standing permission to harm far more is a document no camera ever visits. When outrage is that unevenly distributed, someone is deciding where it goes.
Questions worth taking seriously
So does the US military kill millions of marine animals a year or not?
No — and we won't say it does. The “takes” authorized across the Navy's ranges run into the millions over their multi-year terms, but the overwhelming majority are Level B harassment: behavioral disruption and temporary hearing effects, not death. Each rule also authorizes a far smaller, defined number of injuries and deaths. The accurate claim is a standing federal license to harm marine mammals on a scale no one else is granted, deaths included — not millions of kills. That version is both true and damning, which is why we hold it.
Isn't some of this just the unavoidable cost of training a navy?
Partly, and we carry that. Sonar and live training have real defense purposes, and NMFS does require mitigation, monitoring, and a “negligible impact” finding before authorizing takes. The argument isn't that the number should be zero. It's about the uniquely broad legal treatment — the “small numbers” limit removed only for the military, and an exemption the Secretary of Defense can invoke at will — plus the silence around it. A necessary activity can still be under-counted and under-scrutinized.
If you are named on this page
If you are named on this page, or are a party materially affected by the claims made here, and you wish to respond, correct the record, or add context, use the Contact page. Responses are published verbatim alongside the original claim, with the sender identified and the date of receipt. The channel stays open for the life of the page.
This site aggregates and grades a record that other outlets and primary sources have already put on the record. Every FACT-graded claim above is sourced to court filings, government reports, sworn whistleblower disclosures, published investigative journalism, or named-source statements. The citations are the accountability mechanism; this section is how you get on the record too.
The record
- Federal Register (NOAA/NMFS) — Mariana Islands Training and Testing: “take” definition, the 2004/2019 NDAA framework, Level A/Level B harassment
- Federal Register (NOAA/NMFS) — Atlantic Fleet Training and Testing final rule (7-year authorization, Nov 2025–Nov 2032)
- Public Law 108-136 — National Defense Authorization Act for Fiscal Year 2004 (MMPA amendment)
- NOAA Fisheries — Incidental Take Authorizations under the Marine Mammal Protection Act
- NOAA Fisheries — Incidental take authorizations for military readiness activities
- Yale Journal on Regulation — on the national-defense exemption under the MMPA/ESA
- Sea Shepherd — 1,428 dolphins killed in the Faroe Islands (2,043 cetaceans in 2021)
- The National — Outcry over the slaughter of 1,428 dolphins in the Faroe Islands
- Military spending (FY2026) — ~$1.04 trillion national defense ($893B NDAA + $152.3B reconciliation)
- Arms Control Association — US defense spending rises more than 17% to ~$1.05 trillion in FY2026
- Congressional Research Service — NIH funding, FY1996–FY2026 (~$47–48B)