Navy sonar restricted
A federal judge will allow sonar to be used during anti-submarine warfare exercises in isle waters next month -- but with restrictions that trouble the Navy.
Navy Capt. Scott Gureck, spokesman for the U.S. Pacific Fleet, said U.S. District Judge David Ezra has "put in place restrictions that could seriously impact our ability to train effectively.
"In ordering additional mitigation to reduce the risk to marine mammals, the order shifts the risk to sailors and Marines. We are carefully assessing the impacts that the injunction will have on our training and our legal options."
There was no immediate comment from representatives of Ocean Mammal Institute. Environmentalists here and in California have been fighting the use of sonar, saying it is harmful to whales and other marine mammals.
Ezra declined to impose more stringent restrictions sought by Ocean Mammal Institute. Ezra, in his 84-page ruling, said after reviewing both classified and unclassified documents, he is "convinced that a wholesale cessation, or a drastic impingement, of the Navy's ability to train via USWEX (undersea warfare exercises) is contrary to the public interest."
Mainland environmental groups have filed similar lawsuits to stop use of sonar in training exercises in Southern California coastal waters.
A federal judge has issued an injunction creating a 13.8-mile no-sonar zone off Southern California.
The Navy plans to conduct one of 12 planned advanced anti-submarine warfare exercises next month in Hawaii waters. The Navy has declined to say where the test will be held and how may warships will be involved. In court papers released yesterday, the Navy did divulge that the exercise will be held nearly 50 miles away from land.
Court papers say the exercise will involve as many as five warships that will coordinate the search for "one or more submarines," and will last between 72 to 96 hours with the sonar turned on for as long as 222 hours.
Ocean Mammal Institute argued that the use of midrange frequency sonar has caused mass beaching of marine mammals resulting in their death.
As many as 200 melon-headed whales were stranded in Hanalei Bay on Kauai during the 2004 Rim of the Pacific war games. Last year, two pygmy sperm whales washed up on beaches on Lanai and Maui during an undersea warfare exercise. In both instances the Navy has maintained that there is no scientific evidence that their deaths can be attributed to its use of sonar.
In his ruling, Ezra said: "The fact remains that we are currently at war on two fronts, and this court will not compromise our nation's ability to fight and defend itself.
"Furthermore, it is not within the bounds of reason to assume that other rogue nations, such as North Korea and Iran, that have shown both hostility and contempt for the United States, may attempt to exploit any perceived weakness in this country's defense.
"In short, a poorly trained Navy in an increasingly hostile and unpredictable global environment is a recipe for national disaster."
Ezra noted that although the Navy disputes "the exact mechanism and factors associated with marine mammal stranding events associated with MFA (midfrequency active) sonar, there is little disagreement that MFA sonar can cause injury, death and behavioral alteration to these animals."
He said although a preliminary injunction is warranted, it is mitigated by "the undeniable national security interest of having a competently trained Navy in these uncertain times."
Judge imposes limits on training
U.S. District Judge David Ezra ordered the Navy to:
» Cut the power of sonar used in exercises by 6 decibels if a marine mammal is spotted within 4,950 feet and until the animal has left the area or is not sighted for 30 minutes.
» Cut the power of the sonar by 10 decibels when a marine mammal is sighted within 2,475 feet.
» Cease all sonar operations when a marine mammal is sighted within 1,650 feet.
» Monitor the area where the sonar will be used for the presence of marine mammals for at least 60 minutes before the exercise begins.
» The Navy must "ramp up," or gradually increase, sonar power before beginning the exercise.
» Require helicopters, which will drop sonar buoys, monitor the drop area for 10 minutes before deploying the sonar devices.
» Reduce the power of sonar being used when certain environmental factors are present.
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