By Anastacia Mott Austin
Marine mammal betterment activists are up in arms this week over President Bush’s decision to override a judge’s rule to restrict the Navy’s extras of mid-frequency sonar, effectively exempting the Navy from the restrictions.
Earlier this week federal judge Florence-Marie Cooper ruled that the navy could reserved persevere its sonar operations hit of the shore of southern California if they adopted stricter measures to protect the health of whales and other marine mammals. She issued an injunction to prevent the use of the sonar until those measures are in place.
Coooper cited the Navy’s concede studies ropes her ruling, which have shown that sonar „…will begin widespread harm to nearly 30 species of marine mammals.” multifarious other reviews have shown that the high-pitched sound of the „mid-frequency” sonar used by the Navy notoriety exercises harms whales and dolphins, by either directly causing damage to their listening to ability or throwing them massacre course by meddling with their own sonar noises. Whales have been found beached and bleeding from their ear-holes after sonar exercises, and sonar has been shown to disrupt feeding also mating activities.
Cooper ruled that the Navy have to now not use mid-frequency sonar within 12 nautical miles of the coastline, or bent it off if maritime racket is experimental pull the area. control addition, she stated that the Navy must enlist specific „lookouts” who will monitor for whales also other genus affected by sonar.
Navy representatives say that these measures are markedly strict besides could interfere with proper training exercises.
„We cannot in good conscience send American men and women significance potential hindrance spots without adequate training to militia themselves,” said army admiral Gary Roughead to reporters.
President Bush agreed, again drafted a memo exempting the military from Judge Cooper’s restrictions, explaining that asdic exercises are „essential to internal security.”
The case has been again to Cooper, who has been laid to consider the exemption. Appeals are expected regardless of what she decides.
Environmentalists concerned about whale safety are provoked that the President could ignore a 36-year-old law which enables states to decide national issues if they prevail on local coastlines. The Coastal girth Management Act has been in place since 1972, and no President until now has ever challenged it.
Joel Reynolds, a lawyer for the Natural Resources defense Council, informed reporters, „This is no longer a at ease wish punch in. The Navy doesn’t need to harm whales to train effectively with sonar. It simply chooses to for the sake of convenience.”
Executive director of the California Coastal Commission Peter Douglas agreed, adding that the current administration was now not considering the environment in its decision. „I’m not surprised at all,” said Douglas. „It’s typical for this Republican administration to ignore environmental protections beneath the banner of fear.”
But the Navy counters that there are already many protective measures in place to insure the health of whales, besides that other „alternative measures” such in that more useful reporting practices will symbolize used in the future. „These alternative measures, hold adjunct to the 29 monopolizing measures already in place, will ensure our operating forces can train realistically without harming the environment,” said Navy Secretary Donald C. iciness in a press release.
Navy officials emphasized that the southern California coastal area was shapely for advanced education for Navy officers.
But Joel painter says that the Navy still needs to follow the letter of the law, further that the President himself does not have the right to go against that. „The President’s action is an attack on the decree of law,” Reynolds told reporters,. „By exempting the Navy from basic safeguards under both federal and state law, the president is flouting the will of Congress, the decision of the california Coastal commission and a ruling by the federal court.”
