US sued over Navy sonar tests in whale waters

Center for Whale Research via AP

A female orca, or killer whale, travels with her offspring in waters around the San Juan Islands in Washington State.

Environmental groups sued the Obama administration on Thursday for granting the Navy permits to test underwater sonar along the West Coast -- and potentially harass up to 650,000 porpoises, seals, dolphins and whales over a five-year period.

The alliance said it wasn't seeking to stop the testing but to scale it back, especially at certain times and in waters important for feeding and giving birth.

Several studies have found that marine mammals can hear low-frequency sonar, which is magnified under water, and periodically dolphins and even whales have been found with perforated ear drums.


The National Marine Fisheries Service "fell down on the job and failed to require the Navy to take reasonable and effective actions to protect" marine mammals, Steve Mashuda, an attorney for the law firm Earthjustice, said in a statement.

The lawsuit, filed in U.S. District Court in San Francisco, claims that the Navy's sonar use might be strong enough to kill the animals outright. But even if it doesn't, it claims, the repeated use of sonar in certain critical habitats is unwarranted.

In 2010, the fisheries service approved the Navy's five-year plan for operations in the Northwest Training Range Complex, an area roughly the size of California that stretches from Washington state to Northern California.

Under the five-year plan, the service said it was acceptable for the Navy to incur up to 650,000 cases of harassment of marine mammals.

Regulators determined that while sonar use has been associated with the deaths of whales around the world, including the beaching of 37 whales on North Carolina's Outer Banks in 2005, there was little chance of that happening on the West Coast. The short duration of the sonar use, typically 90 minutes at a time by a single surface vessel, and reduced intensity would help prevent whale deaths, they said.

Regulators are requiring the Navy to shut down sonar operations if whales, sea lions, dolphins or other marine mammals were spotted nearby by ships in the water.

But the plaintiffs argue that visual mitigation is ineffective.

"Visual detection can miss anywhere from 25–95 percent of the marine mammals in an area,” stated Heather Trim, policy director for People For Puget Sound. "It’s particularly unreliable in rough seas or in bad weather. We learn more every day about where whales and other mammals are most likely to be found — we want NMFS to put that knowledge to use to ensure that the Navy’s training avoids those areas when marine mammals are most likely there."

A spokeswoman for the Navy declined to comment, saying she had not seen the lawsuit, and the fisheries service did not immediately return an email seeking comment.

The Associated Press contributed to this report.

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This would not be an issue if the USA would stop its false flag attacks.

    Reply#56 - Thu Jan 26, 2012 9:04 PM EST

    No biggie . The navy doesn't have to provide Obamacare for hearing impaired whales , because the lawsuit was filed in Pelosi's district .

    • 2 votes
    Reply#57 - Thu Jan 26, 2012 9:20 PM EST

    From what I have been reading, in the article and comments as well...

    The whole entire situation is stupid. U.S. Navy has done nothing to harm the animals. The navy has more than one frequency from Low Frequency Active Sonar (LFAS) to High Frequency Antenna System (HFAS) The whales can hear a 300Hz radio frequency, but studies had shown there was no statistically significant correlation between the use of LFAS and whale strandings. Since 300Hz is LFAS, this is an illogical argument and very idiotic suing.

    • 1 vote
    Reply#58 - Thu Jan 26, 2012 9:25 PM EST

    some of you people are jerks... it would be nice to subject some of you to an hour and a half of sound you can't take times however many days. You'd have a new found respect for what the sea life go through due to dumb humans who think they're better than any other being.Its ridiculous enough to have to hear booming and loud music animals have to hear that crap too only since their hearing is more acute than ours they're being forced to listen to it ten times louder but people don't care. Me me I I is our world. Get a clue people! and what comes around goes around.

    • 4 votes
    Reply#59 - Thu Jan 26, 2012 9:28 PM EST

    I have yet to read a compelling reason for the Navy to test sonar in such a richly populated area of the Pacific. To clarify, sonar is a modality that has been around for about 70 years. What exactly needs to be tested? It is known that there are two types of sonar, active and passive. Further, China, North Korea and Iran have acquired old Russian diesel powered subs and modified them so that they can run absolutely silently for a brief amount of time. During that period, they are absolutely undetectable to passive sonar and because of their composite hulls they are undetectable to active sonar as well. Clearly there is a need for testing. The major question is why test in an area that is known to be a very active area? The Navy has been testing for years in the area of Johnson Island and other areas in the S. Pacific. It is well known that pilot whales have beached themselves in New Zealand for several years. 82 pilot whales died just a few days ago for that very reason. This has nothing to do with comparison of human intelligence with that of cetaceans. Not so sure we really want to go there. This has to do with necessity. If damage can be avoided and the goal obtained then it makes sense to do so. Is there any compelling reason the Navy must test off the Washington,Oregon, and California coast? If so, I believe we need to hear it. It is fact that active sonar testing causes damage to many different species, including divers. Maybe those tests could be performed off the Eastern coast somewhere near Kennebunkport,Maine ,Connecticut and Martha's Vineyard so that when the stinking beached carcasses can be enjoyed by the Bush Family and the rest of the Hampton's set.

    • 2 votes
    Reply#60 - Thu Jan 26, 2012 9:36 PM EST

    Flight medic; Showing your "hate bush" mentality are'nt you? The NAVY will and should test sonar as it sees fit. You have the right to not like it, contact your congressman.

    • 1 vote
    #60.1 - Thu Jan 26, 2012 10:19 PM EST
    Reply

    Obama - Obama - Obama, more hope and change I can't stand.

    • 2 votes
    Reply#61 - Thu Jan 26, 2012 9:37 PM EST

    Laughingcat: You are the most ignorant person I have ever come in contact with. God created everything. We are above all other live, including whales. God made humans over animals, not animals over humans. For you to say that whales are more intelligent than humans, shows your true ignorance. I guess whales are smarter than God Himself. Let me guess, whales created everything? If you would look up the work "Moron," you face would be there for its definition.

    • 1 vote
    Reply#62 - Thu Jan 26, 2012 9:54 PM EST

    I wonder sometime what part of domion do we get confused with.

      Reply#63 - Thu Jan 26, 2012 9:55 PM EST

      Yeah, I say we just f$%k the whole planet up, Trash everything in it and kill every major life form... There's always "soylent green"...By that time people truly won't give a damn, they'll eat anything and won't expect to find any joy or beauty in life. But hey, who cares, right?

      • 2 votes
      Reply#64 - Thu Jan 26, 2012 10:11 PM EST

      touche' (sp)

        #64.1 - Thu Jan 26, 2012 10:47 PM EST
        Reply

        So if the Navy is not allowed to make some noise the water, shouldn't the Makah Indians be barred from hunting these whales?

        • 2 votes
        Reply#65 - Thu Jan 26, 2012 10:11 PM EST

        No, these tribes have been doing it for generations and generations. We all know that this tribe had .50 caliber rifles and outboard motors since the eurotrash showed up. Let them keep their tradition alive.

        • 3 votes
        #65.1 - Thu Jan 26, 2012 10:23 PM EST

        The Makahs are barred. Some NOAA pencil pusher is making a career by stalling the permit process.

          #65.2 - Thu Jan 26, 2012 11:16 PM EST
          Reply

          Bats are using sonar to kill bugs . Where can I find a bug eyed bat hating lawyer ?

            Reply#66 - Thu Jan 26, 2012 10:14 PM EST

            use P.E.T.A. or greenpeace peoples. put them in the water at say, 500 feet for a day and try the sonar tests around them. if they come back damaged, then we can also say that there is now pretty good proof that it does do harm and re-schedule the tests... ;)

            • 1 vote
            Reply#67 - Thu Jan 26, 2012 10:35 PM EST

            New Zealand, 100's of whales to be youth-n-ized(sp?) because after several attempts to redirect them back out to sea only for them to re-beach again.. Yes this sonar testing probably is the 100% reason for the whale's sonar being all messed up. New Zealand is across the pacific rim from us. No damage? What is wrong with this?

              Reply#68 - Thu Jan 26, 2012 10:44 PM EST

              A friend of mine who just got out of the Navy and who trained submarine crews said this so called "new" sonar is 20 year old technology, and just like the space shuttle, conducts the same old experiments year after year. He said the on going tests are to create work, to legitimize sailings and tests to protect military and civilian jobs. If they don't conduct these tests they lose funding. You know the old saying in gov't funding..."use it or lose it." My question is: what will the Navy do without those dolphins that plant mines and can seek out bombs planted to ships?

                Reply#69 - Thu Jan 26, 2012 11:06 PM EST

                Thats it. I'm suing Hustler Magazine for my carpel tunnel.

                • 1 vote
                Reply#70 - Thu Jan 26, 2012 11:11 PM EST

                Ok it is 2012 They should know the safe times to run the test. Just Stupid

                  Reply#71 - Thu Jan 26, 2012 11:20 PM EST

                  Why didn't the whales sue the Japanese when the little nuclear mishap occurred ?

                  • 1 vote
                  Reply#72 - Thu Jan 26, 2012 11:34 PM EST

                  The simple facts are the people who want the animals protected are just asking that the testing be done in a way that will minimize potential damage to whales, and other marine mammals. The tests are not being done to see if China or Iran have submarines off the West Coast. As for dolphins and porpoises riding the bow waves of ships, including submarines, they are surfing just like people. We do a lot of things to hurt ourselves. So do they. That doesn't give us a license to deliberately put them in danger. Some things we do to them are unavoidable, and neccessary. Know the difference.

                    Reply#73 - Fri Jan 27, 2012 12:08 AM EST

                    So sound doesn't matter??? Then lets do our commercial Jet engines louder, including for take off and better fuel economy....Let's allow our Military planes to go supersonic over populated areas. Take off with full afterburners... After all, what's some broken windows/ glass, etc? What's some discomfort amongst humans???It matter NOT what WE do to others, RIGHT???

                    I, was a Torpedoman on a destroyer... WE filled in on Sonar watches... There is a difference between passive and active Sonar... BUT, there is a HUGE difference between active Sonar and ATTACK SONAR... A surface ship across the harbor from us had their Attack Sonar on a narrow beam and it sounded like someone pounding on our hull with a sledge hammer.... We winced and some headed topside in discomfort...

                    No doubt on this Board, the smarter than all people say so what??? Do you have evidence pounding on whales, or dolphins with a Sonar "sledge hammer" actually harms them?

                      Reply#74 - Fri Jan 27, 2012 12:11 AM EST

                      Under the NDAA recently signed by Obama, these "environmental" lawyers can be indefinitely detained in Guantanimo for endangering National Security. That sounds like a very good idea.

                        Reply#75 - Fri Jan 27, 2012 12:19 AM EST

                        JohnCarter-428979

                        So detaining U S A Citizens is fine as long as it's not you???

                        Signed, BUT created by a Republican dominated Congress, with needed items as a Hook and you forgot to say with a signing statement by President Obama rejecting the indefinite holding of USA Citizens... I, agree with him, WE the People need to replace Republican's and some Democrat's in Congress and give our President people to work with and replace that Bill....

                          #75.1 - Fri Jan 27, 2012 12:45 AM EST
                          Reply

                          "...spotted nearby by ships in the water" What about ships on land or the one's floating in the air?

                            Reply#76 - Fri Jan 27, 2012 12:33 AM EST

                            punk-2081962

                            QUOTE: "...spotted nearby by ships in the water" What about ships on land or the one's floating in the air?

                            ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

                            For your enlightenment "punk"... When, I, was in the Navy aboard the USS Samuel N. Moore DD747 (a Destroyer) we were in drydock, totally out of the water for repairs, upgrades, etc... Nearby were ships in the water...

                            But, you also said on dry land...

                            Excerps:

                            U.S.S. Albacore: Forerunner of the Future

                            by Robert Largess & James Mandelblatt

                            This book is the biography of U.S.S. Albacore, the first wholly streamlined submarine. She twice claimed the record for the fastest submarine in the world. Built at the Portsmouth Navy Yard in 1952-53, she made 27 knots at a time when no other submarine could do much better than 18 knots submerged.

                            ~~~~~~~~~~~~~~~~~~

                            As a ship memorial in Portsmouth, New Hampshire, Albacore is unusual in that she is preserved on dry land, mounted on huge concrete cradles in an excavated, permanent "dry dock."

                            ~~~~~~~~~~~~~~~

                            You're Welcome...

                              #76.1 - Fri Jan 27, 2012 2:30 AM EST
                              Reply

                              I don't understand why our government has to kill or make other of God's creatures suffer in order to find a way of self-defense. No one ever wins in war. I don't understand did America give up on Jesus and his walk of life. we're supposed to be saving lives instead were killing life due to our unknown fears. what then when we kill off all life are we getting eat one another? I pray to our Creator for change to have better ways and better days. we should all be united, and show the world through example of how to live.

                              Many prayers for the God's Spirits may God Bless us all, and kill all the evildoers like our government

                              • 1 vote
                              Reply#77 - Fri Jan 27, 2012 1:59 AM EST

                              Orcas are not whales. Orcas are the largest species of dolphin. Sonar to the best of my knowledge has not been tested in a setting to prove it has an effect on any marine wildlife, though I wouldn't be surprised if it did.

                                Reply#78 - Fri Jan 27, 2012 2:27 AM EST

                                lambochan

                                And Sonar is Passive = listening only..... Active = pinging and listening for echoes..... or Attack = focused beam on a target...Attack mode is quite powerful now.....

                                  Reply#79 - Fri Jan 27, 2012 2:37 AM EST

                                  I have to say that it does not matter the subject matter, it always ends up liberal vs conservative; dem. vs rep.; them vs us on this board. Frankly it gets tiresome, because it is the same old thing over and over. There is never an open, honest discussion about the subject matter. This board is a reflection of our government in action, and we wonder why nothing positive gets done. Unless we as a country, from the everyday person on the street to our political leaders don't learn to use some common sense and compromise we are going to continue on this road to ruin.

                                  Now, my thoughts about the subject. Why can't the Navy do these test in a different area or at a time that would cause the least amount of harm to the wildlife? Compromise is the way to go on this matter.

                                    Reply#80 - Fri Jan 27, 2012 2:38 AM EST
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