Sonar

Coastal Commission v. U.S. Navy/ Use of Undersea Sonar Activities because of Adverse Affects on Marine Mammals ( Source/Contact: Jamee Jordan Patterson, Deputy Attorney General, Calif. Department of Justice )  __COASTAL COMMISSION SUES U.S. NAVY OVER USE OF UNDERSEA SONAR ACTIVITIES __ The California Coastal Commission filed suit against the U.S. Navy in Federal District Court, over the Navy’s decision not to comply with Commission conditions that would help protect marine mammals and endangered sea turtles from harmful impacts associated with use of undersea sonar during training exercises. Under the federal Coastal Zone Management Act, the Commission has the authority to review military exercises in coastal waters to ensure compliance with the California Coastal Act, a statewide law that protects coastal and marine resources, including marine wildlife. In January of 2007, the Commission approved the Navy’s underwater sonar training exercises, but found them to be consistent with the Coastal Act //only// if the Navy took certain precautions to protect marine mammals and sea turtles. Because mid-frequency sonar has been linked to the stranding deaths of whales and dolphins world-wide, the Commission imposed the following conditions:  • Seasonal restrictions to avoid grey whale migratory routes  • Thirty minutes of marine mammal surveys before testing begins  • Avoidance of areas with high numbers of whales and/or dolphins  • Larger safety zones when marine mammals are in the vicinity of testing activities  • Lower sound levels during times of low visibility  <span style="FONT-SIZE: 10pt; COLOR: black; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">In addition, the Commission included a clause that allows the Navy to make modifications if specific conditions render any of the requirements infeasible. Most of the conditions have been met by the Navy in previous exercises. Navy officials have announced that they do not intend to follow the Commission’s recommendations, but provided no additional explanation. Nor did they make the case that the conditions were infeasible. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; COLOR: black; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">“The Commission understands the important national security implications of the Navy’s training exercises,” said Coastal Commission Chairman, Patrick Kruer of San Diego. “That’s why we approved the project. But we believe these activities should be done in a way that limits harm to whales and dolphins.” <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; COLOR: black; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">“This is baffling, because the conditions are so easy to implement, and they haven’t shown us any evidence that they can’t do them” said Kruer. “By refusing to cooperate with us, they are challenging the jurisdiction of the entire Commission and undermining the Coastal Act and federal coastal protection laws that apply to all coastal states. That has implications way beyond this case.” <span style="FONT-FAMILY: 'Times New Roman','serif'"> ** U.S. Supreme Court to Hear Navy Sonar Case  **<span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">On June 23, 2008 the United States Supreme Court announced its decision to hear arguments regarding the U.S. Navy’s use of sonar in ongoing training exercises through 2009. The underlying lawsuit was brought by a coalition of conservation organizations led by the Natural Resources Defense Council (NRDC). The other groups are the International Fund for Animal Welfare, the League for Coastal Protection, Cetacean Society International, and Ocean Futures Society and its president and founder Jean-Michel Cousteau. In April, the Navy petitioned the Court for review of the February 29, 2008, decision by the Ninth Circuit Court of Appeals, allowing naval training exercises to continue in the Southern California region but with greater environmental safeguards in the use of harmful mid-frequency active sonar (MFA). The Navy, in its official "Environmental Assessment" of the exercises, acknowledges sonar use now underway in Southern California waters will significantly disturb or injure an estimated 170,000 marine mammals, including causing permanent injury to more than 450 whales and temporary hearing impairment in at least 8,000 whales. The petition for review by the Supreme Court was filed by the U.S. Solicitor General on behalf of the Navy. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">In a closely watched case involving national security and the natural environment, the court agreed to review restrictions on the Navy's use of sonar off the California coast. The Bush administration contends that the sonar rules, meant to protect marine mammals, hinder military preparedness. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">"The chief of naval operations determined ... that those restrictions unacceptably risk naval training, the timely deployment of (naval) strike groups and national security," Acting Solicitor General Gregory Garre said in a legal filing. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">The California Coastal Commission and environmental groups worry about sonar's potentially destructive impact in a 120,000-square-nautical-mile training area that extends from Santa Catalina Island in the north to Mexico's Guadalupe Island in the south. A federal judge agreed and imposed the strict rules that the Bush administration now is challenging. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">One rule requires the Navy to shut down its sonar when a marine mammal comes within 2,200 yards of a sonar source. Another requires the Navy to reduce sonar power during certain ocean conditions. The active sonar also is banned within 12 miles off the California coast. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">"The imposition of these measures is not likely to prevent effective training," the 9th U.S. Circuit Court of Appeals concluded in February, adding that "irreparable harm to marine mammals will almost certainly result should the Navy be permitted to conduct its remaining exercises without appropriate mitigation measures." <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">The Supreme Court's decision to take up the case, announced Monday, means that at least four justices agreed to review the lower court's decision. That's notably good news for the Bush administration. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">The court, dominated by Republican appointees, often defers to the Pentagon's judgment on military matters. The court is also in the habit of overturning the 9th Circuit. The Supreme Court has reversed the 9th Circuit in seven cases and upheld it only once this year, according to statistics compiled by scotusblog.com. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">"Today's decision was anticipated, and we have already begun to prepare for Supreme Court review," said Joel Reynolds, Natural Resources Defense Counsel senior attorney. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">Although oral arguments won't be heard until at least next fall, the case is attracting early attention. The California Forestry Association, based in Sacramento, already has filed an amicus brief, in hopes that the court will use the case to make it harder for environmental groups to obtain preliminary injunctions. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">The Navy wants to undertake multiple training exercises involving ships, submarines and aircraft. Active sonar is part of each exercise. It involves emitting a loud noise underwater. If the noise bounces back, it's evidence that a submerged submarine has been detected. "The Navy has concluded that in certain environments, including shallow coastal waters where ambient noise levels are high, (active) sonar allows better detection of quiet submarines," the 9th U.S. Circuit Court of Appeals noted. <span style="FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">However, the Navy's Southern California training area is also home to at least 37 species of marine mammals, including nine that are protected under the Endangered Species Act. The species range from various dolphin types to the blue whale, stellar sea lion and sea otter. High sonar frequencies can rupture eardrums and cause temporary or permanent hearing loss among marine mammals, scientists have found. "Active sonar may cause behavioral responses such as attempting to avoid the site of sound exposure, swimming erratically, sluggish behavior, tail popping and aggressive behavior," the 9th Circuit noted. Beaked whales, in particular, appear to be discombobulated by active sonar, and a number have run aground and become stranded after exposure to high-frequency sounds. <span style="FONT-FAMILY: 'Times New Roman','serif'">
 * Sonar Factsheet  **<span style="FONT-SIZE: 9pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">Aubrey Faust <span style="FONT-SIZE: 10pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'"> <span style="FONT-FAMILY: 'Times New Roman','serif'">