Quantcast

Groups File Lawsuit to Protect Mammals from Navy Warfare Training

Friends of the Earth

A coalition of conservation and American Indian groups sued the National Marine Fisheries Service (NMFS) Jan. 26 for failing to protect thousands of whales, dolphins, porpoises, seals and sea lions from U.S. Navy warfare training exercises along the coasts of California, Oregon and Washington.

Earthjustice, representing InterTribal Sinkyone Wilderness Council, Center for Biological Diversity, Friends of the Earth, Friends of the San Juans, Natural Resources Defense Council (NRDC) and People For Puget Sound, filed a lawsuit Jan. 26 in U.S. District Court for the District of Northern California challenging NMFS's approval of the Navy's training activities in its Northwest Training Range Complex. The lawsuit calls on NMFS to mitigate anticipated harm to marine mammals and biologically critical areas within the training range that stretches from Northern California to the Canadian border.

"These training exercises will harm dozens of protected species of marine mammals—Southern Resident killer whales, blue whales, humpback whales, dolphins, and porpoises—through the use of high-intensity mid-frequency sonar," said Steve Mashuda, an Earthjustice attorney representing the groups. "The Fisheries Service fell down on the job and failed to require the Navy to take reasonable and effective actions to protect them."

The Navy uses a vast area of the West Coast for training activities including anti-submarine warfare exercises involving tracking aircraft and sonar; surface-to-air gunnery and missile exercises; air-to-surface bombing exercises; sink exercises; and extensive testing for several new weapons systems.

"Since the beginning of time, the Sinkyone Council's member Tribes have gathered, harvested and fished for traditional cultural marine resources in this area, and they continue to carry out these subsistence ways of life, and their ceremonial activities along this Tribal ancestral coastline. Our traditional cultural lifeways, and our relatives such as the whales and many other species, will be negatively and permanently impacted by the Navy's activities," said Priscilla Hunter, chairwoman and co-founder of the InterTribal Sinkyone Wilderness Council. "Both NMFS and the Navy have failed in their obligations to conduct government-to-government consultation with the Sinkyone Council and its member Tribes regarding project impacts."

In late 2010, NMFS gave the Navy a permit for five years of expanded naval activity that will harm or "take" marine mammals and other sealife. The permit allows the Navy to conduct increased training exercises that can harm marine mammals and disrupt their migration, nursing, breeding or feeding, primarily as a result of harassment through exposure to the use of sonar.

"The Navy's Northwest Training Range is the size of the State of California, yet not one square inch is off-limits to the most harmful aspects of naval testing and training activities," said Zak Smith, staff attorney for NRDC. "We are asking for common-sense measures to protect the critical wildlife that lives within the training range from exposure to life-threatening effects of sonar. Biologically rich areas like the Olympic Coast National Marine Sanctuary should be protected."

The Navy's mid-frequency sonar has been implicated in mass strandings of marine mammals in, among other places, the Bahamas, Greece, the Canary Islands and Spain. In 2004, during war games near Hawai'i, the Navy's sonar was implicated in a mass beaching of up to 200 melon-headed whales in Hanalei Bay. In 2003, the USS Shoup, operating in Washington's Haro Strait, exposed a group of endangered Southern Resident killer whales to mid-frequency sonar, causing the animals to stop feeding and attempt to flee the sound.

"In 2003, NMFS learned firsthand the harmful impacts of Navy sonar in Washington waters when active sonar blasts distressed members of J pod, one of our resident pods of endangered orcas," said Kyle Loring, staff attorney for Friends of the San Juans. "Given this history, it is particularly distressing that NMFS approved the Navy's use of deafening noises in areas where whales and dolphins use their acute hearing to feed, navigate, and raise their young, even in designated sanctuaries and marine reserves."

"Whales and other marine mammals don't stand a chance against the Navy," said Miyoko Sakashita, oceans director at the Center for Biological Diversity.

The Navy's mitigation plan for sonar use relies primarily on visual detection of whales or other marine mammals by so-called "watch-standers" with binoculars on the decks of ships. If mammals are seen in the vicinity of an exercise, the Navy is to cease sonar use.

"Visual detection can miss anywhere from 25-95 percent of the marine mammals in an area," said Heather Trim, director of Policy 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."

The litigation is not intended to halt the Navy's exercises, but asks the Court to require NMFS to reassess the permits using the latest science and to order the Navy to stay out of biologically critical areas at least at certain times of the year.

Marcie Keever, legal director at Friends of the Earth, noted, "It has become increasingly clear from recent research that the endangered Southern Resident killer whale community uses coastal waters within the Navy's training range to find salmon during the fall and winter months. NMFS has failed in its duty to assure that the Navy is not pushing the whales closer to extinction."

Read the complaint filed Jan. 26 against the National Marine Fisheries Service by clicking here.

For more information, click here.

Show Comments ()
Sponsored
The turkey ranch in Sonora is where Diestel keeps its pasture-raised birds. Jeanne Cooper

Popular Diestel Turkey Sold at Whole Foods Tests Positive for FDA-Prohibited Drugs

Diestel Turkey, sold by Whole Foods and other retailers at premium prices, says on its website that its "animals are never given hormones, antibiotics or growth stimulants."

But Diestel Turkey samples tested by the U.S. Department of Agriculture (USDA) suggest otherwise, leading consumers to wonder: Can these companies be trusted?

Keep reading... Show less
Animals

Slaughter of 90,000 Wild Horses Could Proceed Despite 80% Objection From American Public

The American Wild Horse Campaign on Thursday harshly criticized Interior Sec. Ryan Zinke's appointment of Brian Steed, the former chief of staff for U.S. Rep. Chris Stewart (R-UT), as the acting director of the Bureau of Land Management (BLM) as dangerous and out of step with the wishes of the vast majority of Americans.

"Rep. Stewart is leading the charge to slaughter America's wild horses and burros over the opposition of 80 percent of Americans," said Suzanne Roy, AWHC Executive Director. "Putting his deputy at the helm of the agency charged with protecting these national icons is like putting the wolf in charge of the chicken coop."

Keep reading... Show less
Renewable Energy

Bright Idea: This Lamp Harvests Its Own Energy From Plants

Now that's green energy. Dutch product designer Ermi van Oers and her team are working on the first atmospheric lamp powered by living plants.

The Living Light does not require an electric socket. It can harvest its own energy through the photosynthetic process of the encased plant, which means the potential of this off-grid light source could be "huge," as Van Oers told Dezeen.

Keep reading... Show less
Climate

Landmark Youth Climate Lawsuit Heads to Federal Appeals Court

There has been a significant development in the constitutional climate change lawsuit so far successfully prosecuted by 21 youth plaintiffs: The Ninth Circuit Court of Appeals has decided to hear oral argument over whether the Trump administration can evade trial currently set for Feb. 5, 2018. Oral arguments will be heard before the Ninth Circuit Court of Appeals in San Francisco on Dec. 11 and can be watched on a live stream beginning at 10 a.m. PST.

Keep reading... Show less
Sponsored
Climate
Martin Schulz / Flickr

Pope Francis: These 4 'Perverse Attitudes' Could Push Earth to Its Brink

Pope Francis issued a strong message to negotiators at the COP23 climate talks in Bonn, Germany on Thursday, warning them not to fall into "four perverse attitudes" regarding the future of the planet—"denial, indifference, resignation and trust in inadequate solutions."

Francis, who has long pressed for strong climate action and wrote his 2015 encyclical on the environment, renewed his "urgent call" for renewed dialogue "on how we are building the future of the planet."

Keep reading... Show less
Climate
The Greenpeace ship Esperanza sits near the Statoil contracted oil rig Transocean Spitsbergen. Greenpeacce

Groups Sue Norway Over Failure to Protect Environment for Future Generations

By David Leestma

Greenpeace and the Nature and Youth environmental group opened a lawsuit this week over Norway's failure to abide by its constitutional obligation to safeguard the environment for future generations.

The lawsuit, which focuses on local environmental damage and the contribution that oil extraction will make to climate change, challenges 10 licenses issued by the Norwegian government for exploration in the Barents Sea. Given to Statoil, Chevron and other oil companies, the licenses violate Norway's constitution and the Paris agreement, according to the plaintiffs. Government lawyers claim the case is a publicity stunt that risks valuable jobs.

Keep reading... Show less
Sponsored
Food
Lia Heifetz of Barnacle Foods hauls kelp for salsa. Bethany Sonsini Goodrich

A Plea for Kelp: These Farmers and Chefs Want to Make Seaweed the Next Superfood

By Sarah Bedolfe

Summer in southeast Alaska is kelp season for the cofounders of Barnacle Foods, Lia Heifetz and Matt Kern. Each week, the pair watches the tides and weather, waiting for the right moment to cruise out to the abundant kelp beds offshore. They lean over the side of the boat and pull up the fronds and stalks, one piece at a time. As soon as they get back to shore, they start processing the day's harvest into a local delicacy: kelp salsa.

Salsa and Alaskan algae might seem like odd bedfellows, but for Barnacle Foods, it's a calculated decision. The kelp's savory notes make the salsa's flavor "a little more explosive," according to Kern. And the pairing is also a practical one. "Salsa is such a familiar food item," Heifetz said. It's "a gateway to getting more people to eat seaweed."

Keep reading... Show less
Popular
Lorie Shaull / Flickr

Massive Pipeline Leak Shows Why Nebraska Should Reject Keystone XL

About 210,000 gallons (5,000 barrels) of oil leaked Thursday from TransCanada's Keystone oil pipeline near Amherst, South Dakota, drawing fierce outcry from pipeline opponents.

The leak, the largest spill to date in South Dakota, comes just days before Nebraska regulators decide on whether its controversial sister project—the Keystone XL (KXL) Pipeline—will go forward.

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!