Published: Friday, January 4, 2008
Federal judge limits Navy's use of sonar around whales
It cannot train within 2,200 yards of a whale or within 12 miles of California's coast.
WASHINGTON -- A federal judge Thursday severely limited the Navy's ability to use midfrequency sonar on a training range off the Southern California coast, ruling that the loud sounds would harm whales and other marine mammals if not tightly controlled.
The decision is a blow to the Navy, which has argued that it needs the flexibility to train its sonar operators without undue restrictions. In her decision, however, Federal District Court Judge Florence-Marie Cooper said the Navy could conduct productive training under the limitations, which she said were required under several environmental laws.
In particular, Cooper banned the use of the sonar within 12 nautical miles of the California coast, expanded from 1,100 yards to 2,200 yards the Navy's proposed "shut down" zone in which sonar must be turned off whenever a marine mammal is spotted, required monitoring for the presence of animals for an hour before exercises involving sonar begin, and required that two National Marine Fisheries Service-trained lookouts be posted for monitoring during exercises. The judge also forbade sonar use in the Catalina Basin, an area with many marine mammals.
Navy spokeswoman Cindy Moore said the Navy was reviewing the ruling.
Joel Reynolds, who argued the case for the Natural Resources Defense Council and other environmental groups, called the ruling "the most significant environmental mitigation that a federal court has ever ordered the U.S. Navy to adopt in its training with midfrequency sonar."
He said the council and others were especially pleased because "we have said from the beginning of this litigation that the Navy can meet its training objectives while substantially increasing protections against unnecessary harm to whales and other marine mammals."
Active sonar has been used by navies around the world for decades to detect submarines, but marine specialists began to connect mass strandings of whales with the loud sound blasts only a decade ago. Sonar is believed to be especially harmful to deep-diving beaked whales, but the research is in its infancy and environmentalists say other species of endangered whales may be harmed as well.
The decision is a blow to the Navy, which has argued that it needs the flexibility to train its sonar operators without undue restrictions. In her decision, however, Federal District Court Judge Florence-Marie Cooper said the Navy could conduct productive training under the limitations, which she said were required under several environmental laws.
In particular, Cooper banned the use of the sonar within 12 nautical miles of the California coast, expanded from 1,100 yards to 2,200 yards the Navy's proposed "shut down" zone in which sonar must be turned off whenever a marine mammal is spotted, required monitoring for the presence of animals for an hour before exercises involving sonar begin, and required that two National Marine Fisheries Service-trained lookouts be posted for monitoring during exercises. The judge also forbade sonar use in the Catalina Basin, an area with many marine mammals.
Navy spokeswoman Cindy Moore said the Navy was reviewing the ruling.
Joel Reynolds, who argued the case for the Natural Resources Defense Council and other environmental groups, called the ruling "the most significant environmental mitigation that a federal court has ever ordered the U.S. Navy to adopt in its training with midfrequency sonar."
He said the council and others were especially pleased because "we have said from the beginning of this litigation that the Navy can meet its training objectives while substantially increasing protections against unnecessary harm to whales and other marine mammals."
Active sonar has been used by navies around the world for decades to detect submarines, but marine specialists began to connect mass strandings of whales with the loud sound blasts only a decade ago. Sonar is believed to be especially harmful to deep-diving beaked whales, but the research is in its infancy and environmentalists say other species of endangered whales may be harmed as well.
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