The latest court ruling over the use of mid-frequency navy
sonar off the coast of California points it out clearly: when it comes to
national security, nothing is more important, not even the lives of the whales
and dolphins. You might think things have finally come to an end in this
matter, but they are just beginning, environmentalists warn.
Joel Reynolds of the Natural Resources Defense Council said
Wednesday’s decision places marine mammals “at greater risk of serious and needless
harm.” However, he added, the decision is a narrow ruling that leaves in place
four of the injunction’s six safeguards. “it is significant that the court did
not overturn the underlying determination that the Navy likely violated the law
by failing to prepare an environmental impact statement.”
The dispute between environmentalists and the Navy has been
a very controversial one. On the one hand, environmentalists pleading for the
safety of marine mammals argued the use of sonar for training is of no
immediate necessity. On the other hand, President Bush made several attempts to
exempt the Navy from submitting to such regulations “in support of worldwide operational
and combat activities,” saying the training was essential for national
security.
But an early January decision limited the use of
mid-frequency sonar within 12 miles off the coast of Southern California, in
order to mitigate the negative impact on marine mammals. In January, a judge
concluded that since under federal rules, humans are to wear ear protection
when using the sonar, the animals have the right to be protected too.
Two months later, the Ninth Circuit Courts of Appeal upheld
the January decision, forcing the navy to comply with a set of regulations
which included not using the sonar within 12 miles of the coast of California,
avoid the use of sonar in whale habitats, shut down the sonar when mammals are
within 2,200 yards, and monitor the mammals.
But the decision made by the Supreme Court this week
overturned all that. Chief Justice John Roberts wrote in the majority decision that
the lower courts failed to properly assess the necessity of using the sonar in
training. “Forcing the Navy to deploy an inadequately trained anti-submarine
force jeopardizes the safety of the fleet,” Roberts wrote, adding that this
would result in harm to national security interests, as opposed to harm to an
unknown number of marine mammals that environmentalists study and observe.
But environmentalists will not give up, especially
considering the large number of mammals at stake. The waters off the southern
coast of California are extremely rich in marine habitat, NRDC noted, and
includes 5 endangered species of whales.
The Navy even admitted that the damage from 14 sonar
exercises would temporarily deafen at least 8,000 whales, and would cause
permanent injuries to over 500 whales.
The sonar is known to be able to harm marine mammals by
affecting their echolocation systems, causing them to become stranded and
perhaps stop feeding and breeding. Eight years ago, scientists found evidence of
the harmful effects of sonar on marine mammals after discovering whales from
four different species stranded on beaches in the Bahamas following the use of
mid-frequency sonar in a Navy training exercise.
That particular incident caused the area’s population of
Cuvier’s beaked whales to nearly disappear, NRDC says. The same effects have
also been observed in the Canary Islands, Greece, Madeira, the U.S. Virgin
Islands, Hawaii and in other places on the globe.
The environmentalists explained that the sonar causes the whales to
suffer physical trauma, including bleeding around the brain, ears and other
tissues, but also show symptoms of severe cases of “the bends,” an illness that
occurs when surfacing too quickly after diving in deep waters. “The clear
implication is that debilitating and lethal injuries are occurring in whales
exposed to sonar at sea, perhaps by altering their dive patterns,” NRDC wrote.