United States Navy

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Copyright 2006 Los Angeles Times

Navy rebuffs state's plea to better protect whales from sonar

By Kenneth R. Weiss

ken.weiss@latimes.com

Times Staff Writer

February 14, 2007

The Navy has rejected additional safeguards to protect whales from high-power sonar during war games in Southern California waters, saying that state officials who asked for extra precautions have no authority to tell the U.S. Navy what to do.

In a flurry of letters dated Monday, the Navy and the National Marine Fisheries Service agreed that California has no power under the federal Marine Mammal Protection Act to regulate the powerful sonic blasts linked to panicked whales, mass beachings and die-offs.

The letters, delivered just before offshore naval training exercises begin today, set up another jurisdictional battle between the California Coastal Commission and the federal government. The commission, meeting in San Diego this week, will discuss the Navy's rebuff and decide whether to file a lawsuit in federal court, said Mark Delaplaine, a commission project analyst.

"We always want to avoid federal litigation, but it's hard to avoid a challenge and make sure your authority isn't given away," Delaplaine said.

The Navy has been conducting exercises for 30 years in Southern California waters, using active mid-frequency sonar designed to use sound waves to "light up" submarines in the way a floodlight beam might reflect off an intruder. This type of sonar has increased in power over the years to help detect quiet diesel submarines, such as those operated by North Korea and China.

The issue has surfaced because of increasing scientific evidence linking the powerful sonar to mass die-offs of whales and dolphins in the Bahamas, the Canary Islands and elsewhere after naval exercises. So last year, the Navy sought the commission's blessing for exercises as part of internal guidelines to ensure that major exercises meet all environmental requirements.

The commission last month agreed to the exercises, but set additional conditions such as avoiding high concentrations of whales and turning down the volume at night when whales cannot be easily spotted. The commission sought to have its way under a separate federal law — the Coastal Zone Management Act — that ensures that federal activities don't run afoul of state environmental programs.

The Navy, in various letters, rejected the additional safeguards, saying its precautions were sufficient. "We can be responsible environmental stewards while our sonar operators receive the realistic training and experience at sea they need," said Vice Adm. Barry Costello.

In addition, the Navy said the Marine Mammal Protection Act "preempts state regulation."

In late January, the Navy was granted a two-year exemption from that act, so it could have the time to work out proper safeguards.

"It's ironic that the Navy takes the position that the Marine Mammal Protection Act preempts other laws right after it gets exempted from that law," said Joel Reynolds, a senior attorney with the Natural Resources Defense Council.

"If the Coastal Commission doesn't sue, we will," Reynolds added.