New limits for Navy sonar off Hawaii
 MSNBC.com |
HONOLULU - A federal judge has ordered the Navy to take additional precautions when conducting sonar exercises off Hawaii that environmentalists say can seriously injure or kill marine mammals.
U.S. District Judge David Ezra said Friday the Navy cannot conduct exercises within 12 nautical miles, or 13.8 miles, of the shoreline, where species that are particularly sensitive to sonar, such as the beaked whale, are found.
Among other requirements, the Navy must look for marine mammals for one hour each day before using sonar, employ three lookouts exclusively to spot the animals during sonar use and stop sonar transmission altogether when one of the mammals is within 500 feet.
It must also gradually increase its sonar power before beginning any exercise to allow animals to leave the area before they can be harmed.
Similar order in California
The Navy faces a similar order in California, where a U.S. District Court judge last month issued an injunction that created a 12 nautical-mile no-sonar zone off Southern California.
The judge a few weeks later upheld the injunction, ruling against a waiver signed by President George W. Bush exempting the Navy and its anti-submarine warfare exercises from the decision.
The Navy has appealed the decision.
Although environmentalists had called for additional restrictions on the Navy, Ezra said he had to balance the need to protect the environment with the country's safety. The ruling rejects a call for the Navy to limit sonar use during humpback calving season and either stop the exercises or reduce sonar power in low visibility conditions.
National security argument
Government officials have argued the anti-submarine warfare exercises that use the sonar are essential to national security.
The Navy plans to conduct up to 12 of the exercises off Hawaii over a two-year period that began January 2007. The next exercise is expected to begin in March.
The Hawaii case was initiated by EarthJustice, which sued the Navy in May on behalf of five groups, including the Ocean Mammal Institute and the Animal Welfare Institute.
Paul Achitoff, an attorney with EarthJustice, said Friday he was happy Ezra realized the "military is not above the law."
Although the judge did not grant all of their demands, he said the training exercises will be safer for marine mammals.
An after-hours call seeking comment from a Navy spokesman wasn't immediately returned.
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