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Navy Must Cut Sonar Use off California
A federal judge in Los Angeles on Thursday ordered the toughest set of restrictions ever imposed on the U.S. Navy's use of mid-frequency sonar off the Southern California coast as part of a protracted court battle to protect whales and other marine mammals from underwater sonic blasts.The order was the first time the judge has spelled out specific rules the Navy must follow to avoid a court-imposed ban on training missions with a type of sonar that has been linked to the death and panicked behavior of whales and dolphins.
U.S. District Judge Florence-Marie Cooper ordered the Navy to refrain from using the powerful submarine-hunting sonar within 12 miles of the coast, a corridor heavily used by migrating gray whales, dolphins and other marine mammals.
She also ordered that the Navy spend an hour before it starts any training mission searching for marine mammals in the area and that it continue using shipboard observers and aircraft to monitor for whales and dolphins while the sonar is in use.
If any marine mammals are spotted within 2,200 yards of a ship using sonar, the Navy will have to cease its use immediately.
In her 18-page order, Cooper said the Navy's proposed strategy of slowly reducing sonar power and then shutting it off when whales or dolphins come within 200 yards "is grossly inadequate to protect marine mammals from debilitation levels of sonar exposure."
The judge, who has spent years poring over studies about whale deaths and injuries after Navy exercises, has suggested in her rulings that she wants to balance competing interests of national security and fleet readiness with environmental protections.
She noted that the Navy's own study concluded that upcoming exercises off Southern California "will cause widespread harm to nearly 30 species of marine mammals, including five species of endangered whales and may cause permanent injury and death."
Because scientists have chronicled panicked responses from marine mammals as far as 40 kilometers away, Cooper said the 2,200-yard shutdown requirement "represents a minimal imposition of the Navy's training exercises" while preventing the harshest sonar-related consequences.
Cmdr. Jeff Davis, a Navy spokesman, said the Navy is considering its options.
"Despite the care the court took in crafting its order, we do not believe it struck the right balance between national security and environmental concerns," Davis said.
Davis said the Navy is mostly concerned about having to shut down sonar completely in a safety buffer zone that is far larger than it planned. Defense lawyers argued that the scientific evidence doesn't clearly show such safeguards are necessary.
The Navy has also asserted that some restrictions may hamper its ability to adequately train its sailors in antisubmarine warfare and may put sailors and national security at risk of attack by the quiet diesel-electric submarines operated by some potentially hostile nations in various hot spots around the globe.
Meanwhile, environmental groups and a state official considered the order a victory.
"It's a complete vindication" of the California Coastal Commission's actions, said Peter Douglas, the commission's executive director. "We know there are things that the Navy can do to protect marine mammals while they conduct their exercises, but the Navy refused. The court said, 'No, you have to comply.' "
The Coastal Commission, which has the legal authority to comment on federal activities off the California coast, joined a lawsuit brought by the Natural Resources Defense Council and other environmental groups that have tried to force the Navy to take greater precautions.
"We've said from the beginning that we don't want to stop the Navy from training but substantially increase protections against unnecessary harm to whales and other marine mammals," said Joel Reynolds, a senior attorney with the Natural Resources Defense Council. "This order does that."
In addition to the 12-mile buffer along the coast, the judge forbade the use of mid-frequency active sonar in the Catalina Basin, an underwater canyon between Santa Catalina Island and the Navy-owned San Clemente Island, because it's an area known to have a high density of whales.
But the judge refused to bar the Navy from conducting exercises off the Tanner and Cortez banks, and the Westfall seamount -- undersea mountains that tend to attract whales. Nor would she set any restrictions on operations at night or in the fog or other times of low visibility, when spotting marine mammals may prove difficult.
Instead, she opted for a more rigorous effort to keep watch for whales, including using passive acoustic monitoring to listen for whale clicks, chirps and songs -- especially for those of deep-diving beaked whales, which appear to be particularly sensitive to sonar activities. These mysterious whales have washed ashore injured or dead after naval exercises using mid-frequency sonar in the Bahamas in 2000 and the Canary Islands in 2003.
In August, Cooper issued a temporary injunction banning all training exercises off Southern California waters until she could sort out the merits of the lawsuit. The Navy took the case to the U.S. 9th Circuit Court of Appeals, which instructed Cooper to narrow her injunction to specific safeguards the Navy could adopt to continue its training missions while the legal issues are thrashed out in court.
© 2007 The Los Angeles Times



22 Comments so far
Show AllLets just hope this time around it sticks.
Cmdr. Jeff Davis, a Navy spokesman, said the Navy is considering its options.
"Despite the care the court took in crafting its order, we do not believe it struck the right balance between national security and environmental concerns," Davis said.
I agree. The right balance would be to waterboard Cmdr. Davis until he pledges allegiance to Gaia or until there is no water left in the Pacific Ocean with which to waterboard him.
poster george w. bush,you are proof that cindysheehan,is not necessarily cindysheehan.by the way i hate your name,but if you were the real george w. bush ,judging by what you just posted,i would vote for you for the first time. whales must cut off navy ..
But what about all those submarine attacks on California, how do we protect against those Al Queda terrorist attack submarines? When was the last time they found an enemy sub off the Cal coast?
Stupid asses.
This is the 'Groundhog Day' scenario. Everyday we wake up to a new set of disturbing findings. If a California Judge comes to the conclusion that the millions of people and scientists know what they are talking about, regarding the deadliness of their 'toys'. Of course they will tell You the same story over and over again. Over and over again. Like a hypnosis, over and over again. "It is all for the National Security". Well then shave National Security and the people who are behind it. For the apparent reason that, if You let the military 'protect' You, You will be exposed to radioactive waste, Depleted Uranium, lethal chemicals and viruses, the whole nine yard.
We need to stop the people who are behind that. Brainwashing the people worldwide to accept militarism as an instrument to protect injustice, nepotism and the abandonment of the 'Peace' concept, is indeed the biggest crime against humanity in history.
Then I published my concerns from the beginning, as it is easy to inform Yourself about Marine Mammal Ocean Life here in Hawai'i and there was an abundance of information available about the impact of the sonar. When then they started to use their 'protector' weapon of EMD 'Environmental Mass Destruction' here in Hawai'i anyways. Of course because of 'National Security' reasons. Well guess what, alshsoes, there has been no whale sighting this season here on The Big Island. At least I have not seen a single one, driving along the Hamakua Coast every day. We are approaching the peak season for mating and there are no whales here.
No, I do have to correct myself, there was at least one whale sighting, on behalf of the 'super ferry', which almost ran into a mother and her child.
Ho'oponopono
I Am Sorry - Please Forgive Me - I Love You - Thank You.
I need a sponsor for a phone line that monitors whale sighting here on The Big Island.
itsjustkarma,that is really disturbing news and needs to be dealt with right away.nrdc,is an organization a poster posted a link to yesterday.i hope someone can help and best wishes for you and our gentle giants.
This was encouraging news. Hooray for that judge! Under the Bush administration, I have gotten so used to the wrong way to do things being imposed that I can hardly believe that America can do something right. I'm suspicious...lol. But obviously it will be of some help. The sailors will do their best to not sacrifice whales without real need or would if they are given the respect they deserve when they do. It'd be nice to hear that her decision has worked.
For that (we will see) I will then thank the judge and the Navy. Hooray! America can do something right again!
Thanks nayoibi!
itsjustkarma, post to nrdc's switchboard; watch for response.
http://switchboard.nrdc.org/blogs/awetzler/nice_column_but_i_think_your_a.html#comment336
BugsBBunny III You know what the navy does with laws right? They ignore them until they are caught. Just like in the army and marines and air force. Like the right hand is really going to smack the left, huh?
The War on Nature.
"perhaps animals are smarter than men,he thought,taking only what they need for today, leaving something for tomorrow....maybe it is man who will eventually perish, as he destroys the land and all that it offers, taking the animals down with him." (zech macivey, a land remembered...author; patrick d. smith )
Thanks, I got it. Never been on that site before...
It's a step in the right direction and i applaud the judge's decision...Now--who is going to monitor the Navy? Or will they just wait to see if more whales wash up dead?
Why not have Greenpeace monitor the Navy?
The courts will monitor.
.....The courts will monitor.....
YES.
Finally.
The concern for the species of this planet is a noble undertaking. It is good that more people are angry at the US military and their complete disregard for all life. There mission is to destroy a designated enemy, human beings, the sacrifice of species is just an annoyance. Lets look at that idea. The arm s build-up for example during the cold war, (based on the usual faulty intelligence) showed the Soviet Union with weapons technology completely disproportional to the actual arms in the Soviet arsenal as discovered after the fall of the Soviet Union.
The preparedness of the American military was raised far in excess of the needs the would have provided a reasonable safety for the country. America is a paranoid country, run by paranoid policy makers such as those who have come to power in the Whitehouse. Ewe need only look at the policy of fear created by George Bush and his Neocons like the World Bank President ,failure Paul Wolfowitz. This level of paranoia completely devoid of humanity and reason in the USA sees the, (so called enemy) under every bed. Another example of this idea existed in the 50s with Joe McCarthy and created hell for so many human beings.
This continues and has led to a fabricated wars and lies necessary to the American people of the Bush administration to justify this paranoia. The result? The complete disaster in Iraq and a one and half trillion dollar deficit which will be the final bill based on the findings and projections of Nobel economist Joseph Steiglitz of Columbia University. "Mission accomplished" ! The world depression that is coming is the result of the military expenditures, voted by congress, supported by Hillary Clinton, will be another example of the results of American fear and paranoia. Roosevelt once said: 'The only thing to fear is fear itself'. Iran, was hyped as the enemy by the Bush administration, after being supported by a childish and uninformed media is another example of the politics of fear. Later it was found that the trumped up findings of the CIA distorted by the crazies making policy nearly led to another preemptive war policy.
The true fear that America must recognize is the enemy that must be dealt with rapidly and we as the western world are that enemy; we have created with global warming and climate change. The American people and the western world including NATO have become the true enemies of the world and human survival. The unbridled control of the military with its release of every kind of toxicity in the world is the true enemy. I see the victims of cancer fall-out of Agent Orange at the Veterans Hospitals. The low grade munitions sicknesses of the returning troops from the Iraq wars.
The incessant wars without end, resulting from USA policy created by paranoia that has little basis in fact as it did with the USA cold war build-up. America fell into the Al Quida trap. Set as a result of lax security which allowed for the 9/11 debacle. It is well know that a terrorist cannot be fought with an army. But to increase its spending on military hardware an enemy had to be crated. Bush fell into the trap Bin Laden set has won he has brought down the western world through the economy! A full 50% of the American budget is used to support the military. With that kind of money it is necessary to provide sufficient enemies to justify the appropriations bill. Every state in the union that has a defense plant or an army base is the recipient of that money. Every army station in the world that is not needed is the basis of that budget. Every unnecessary test of military hardware that is made by the armed services out of control continues the destruction of animal species but that is inconsequential to military minds and the policy makers who believe that global well being is based on an America first policy.
It does not work!! We now see the results clearly, an entire re-think of the American Dream, and global interdependence is necessary to stop this madness.
ike
Perhaps if the fools who post here understood exactly why the Navy does its excercises close to the coast, they wouldn't post such inane comments.
PS,........more whales are killed by the Japanese and Korean whalers than anything done by our Navy. Throw your inane umbrage at them !
Check here before you post stuff:
http://www.mmc.gov/sound/plenary1/pdf/plenary%201_tomaszeski.pdf
Thank you gellero for posting a link to RADM Steven Tomaszeski brief. Although you may have trouble convincing people on this blog, the Navy tries to balance it's concern for environmental damage with it's primary mission. Active sonars are a critical part of defense.
Time magazine recently put it's entire archives on their web site. There is an article from 1961 about the first Low Frequency Active sonar system developed by the U.S. Navy. This article would have been published just after the 30 April 1961 commissioning of the first Soviet nuclear submarine equipped with ballistic nuclear missiles, the famous Widowmaker. They called it the low-tone sonar.
http://www.time.com/time/magazine/article/0,9171,895455,00.html
Friday, Jun. 30, 1961
New A.S.W.
No sooner had the first U.S. nuclear submarines been launched than U.S. naval technicians turned toward the future with growing fear. Some day the Russians would have "nukes" too, and the new ships were so fast under water that they easily eluded the best World War II detection and kill systems, developed to deal with conventional subs. Dangerous defense problems seemed inevitable.
Now the first crude nukes are believed to be joining the Soviet fleet, but the long-dreaded day of reckoning is still somewhere in the future. During the last decade, A.S.W. (antisubmarine warfare) has taken giant strides. Killing systems no longer rely on shortrange, slow-acting depth charges. Today the standard sub killer is the torpedo, lugged to the vicinity of its prey by an airplane, helicopter, rocket or another submarine. Once in the water it does not need to be aimed; it "homes" on its victim, following its evasive twisting far into the depths.
Low-Toned Sonar. Biggest change of all is in the business of sub detection. The search for hidden subs still depends largely on sonar (underwater sound waves), but there has been an important switch: low-power, high-frequency sound has been replaced by low-frequency waves of enormous power.
Sound with the pitch of low piano notes travels much farther than the high-pitched beeps of early sonar. But generating enough such noise under water is a large problem. The Navy's latest shipboard sonar weighs 30 tons and consumes 1,600 times as much power as the standard postwar sonar. The listening apparatus is trickier because the long, slow waves that echo from targets require computers to interpret them correctly. But the detection problem is considered licked, since the new equipment has many times the range of earlier sonars—enough for catching nukes under most combat conditions.
Ocean of Sound. The most ambitious A.S.W. project now under consideration is Artemis, an extremely powerful sonar system that may—so its tests indicate—fill a whole ocean with searching sound and spot anything sizable that is moving in the water. Artemis grew out of a 1951 suggestion by Harvard Physicist Frederick V. Hunt, who convinced Navy A.S.W. experts that submarines could be detected at great distances only by unheard-of volumes of low-pitched sound.
Hunt's suggestion touched off theoretical research that looked better and better as it progressed. In 1959 Columbia University's Hudson Laboratories took over the development of Artemis and called on Frank Massa, president of the Massa Division of Cohu Electronics Inc. to build the necessary gigantic gadget for creating sound. No such underwater transducer (noisemaker) had been built before, but the very first units were successful. The largest Massa transducer is now installed in the converted Navy tanker, Mission Capistrano. It is so huge that when it is retracted, part of its soft, length shows above the deck. When in use, it is lowered into the depths, where it manufactures sound from enough electric current to supply a city of 50,000 people.
The big transducer is now being actively tested at sea, and some of the listening is being done at a tower built on a submerged volcano south of Bermuda. Eventually, an entire Artemis system may form a sort of underwater DEW line to warn the U.S. of hostile submarines. Giant, unattended transducers, powered by cables from land, will be lowered to considerable depths where sound travels best. They will fill large parts of the ocean with carefully coded sound, and many hydrophones will listen for faint echoes from suspicious moving objects. No human ear or brain could make sense of the cacophony that the hydrophones will draw from the noise-filled sea, so the signals will be sent to giant computers on shore. After brief moments of electronic thought, the computers will declare: "This is a whale. This is the Queen Mary. And this is a fleet of submarines headed toward Nantucket."