-Caveat Lector-

------- Forwarded message follows -------
To:                     [EMAIL PROTECTED], [EMAIL PROTECTED]
From:                   Cheryl Magill <[EMAIL PROTECTED]>
Subject:                [Elfrad-Group] Judge puts Navy sonar probe on hold to
protect whales
Date sent:              Fri, 01 Nov 2002 08:20:16 -0800



New - See this and other headlines at http://www.listen.to/lfas viewpoints.
Thanks. Cheryl
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Judge puts Navy sonar probe on hold to protect whales


By Kenneth R. Weiss, Los Angeles Times, 11/1/2002

A federal judge prohibited the US Navy yesterday from combing the world's
oceans with a powerful new sonar, ruling that the booming sounds meant to
detect enemy submarines could cause irreparable harm to whales.


The temporary injunction bans a type of low-frequency sonar that has not
been proven to cause deaths of marine mammals.

Although the ruling could allow the Navy to resume using the sonar in some
places, US Magistrate Judge Elizabeth D. LaPorte imposed a worldwide ban
until Navy officials and environmental specialists can agree on a list of
spots where sailors can deploy the sonar without harming marine life.

In her 58-page opinion, the judge, who is based in San Francisco, agreed
with the Navy that even a temporary peacetime ban on the low-frequency
sonar system could hamper military preparedness.

She gave the Navy and environmental groups that filed the lawsuit until
Nov. 7 to report back to her with an interim solution.

The Navy and federal marine fisheries officials declined immediate comment.

But environmental groups were elated by the preliminary injunction. They
had sued to overturn the Bush administration's decision last July that gave
the Navy permission to ''harass'' or injure whales in training missions
using sonar designed to search for super-quiet diesel submarines.

''There was no justification for giving the Navy a blank check to operate
this sonar in 75 percent of the world's oceans,'' said Joel Reynolds, an
attorney with the Natural Resources Defense Council. If allowed to
continue, he said, the sonar system would have ''threatened marine life on
a staggering and unprecedented geographic scale.''

Yesterday's ruling is the latest legal victory for environmental groups
trying to rein in powerful sonar and other loud sounds that science is
increasingly linking to deaths and injuries of marine mammals.

The Bush administration is pushing to exempt military activities from a
variety of environmental constraints. In September, a federal judge
rejected arguments that sonar use in the deep ocean was exempt from the
National Environmental Policy Act.

In early 2000, 16 beaked whales beached themselves in the Bahamas in a
mass-stranding that the Navy and other authorities have linked to bursts of
midfrequency sonar. A similar mass die-off of whales occurred in September
in the Canary Islands, following naval operations by warships from the
United States and about a dozen NATO allies.

''From a scientific point of view, there is very little question that,
given the right set of circumstances, active sonar can kill marine life,''
said Naomi Rose, a marine mammal scientist with the Humane Society of the
United States.

Yet military officials point out that naval operations in the Bahamas and
Canary Islands were not using the new Surveillance Towed Array Sonar System
banned yesterday. That system broadcasts low-frequency sonic waves through
18 speakers dangled behind a ship on cables hundreds of feet long.

This story ran on page A2 of the Boston Globe on 11/1/2002.
© Copyright 2002 Globe Newspaper Company.


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