Bush Derails Judge’s Order, Allows Navy Use of Sonar

By Anastacia Mott Austin

Marine mammal welfare activists are up in arms this week over President Bush’s decision to override a judge’s order to restrict the Navy’s use of mid-frequency sonar, effectively exempting the Navy from the restrictions.

Earlier this week federal judge Florence-Marie Cooper ruled that the Navy could only continue its sonar operations off of the coast 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 own studies in her ruling, which have shown that sonar "…will cause widespread harm to nearly 30 species of marine mammals." Many other studies have shown that the high-pitched sound of the "mid-frequency" sonar used by the Navy in exercises harms whales and dolphins, by either directly causing damage to their hearing ability or throwing them off course by interfering 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 and mating activities.

Cooper ruled that the Navy must not use mid-frequency sonar within 12 nautical miles of the coastline, or turn it off if marine life is seen in the area. In addition, she stated that the Navy must employ specific "lookouts" who will screen for whales and other species affected by sonar.

Navy representatives say that these measures are too strict and would interfere with proper training exercises.

"We cannot in good conscience send American men and women into potential trouble spots without adequate training to defend themselves," said Navy admiral Gary Roughead to reporters.

President Bush agreed, and drafted a memo exempting the Navy from Judge Cooper’s restrictions, explaining that sonar exercises are "essential to national security."

The case has been returned to Cooper, who has been ordered to consider the exemption. Appeals are expected regardless of what she decides.

Environmentalists concerned about whale safety are incensed that the President would ignore a 36-year-old law which allows states to decide federal issues if they impinge on local coastlines. The Coastal Zone 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, told reporters, "This is not a national security issue. 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 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 under the banner of fear."

But the Navy counters that there are already many protective measures in place to safeguard the health of whales, and that other "alternative measures" such as better reporting practices will be used in the future. "These alternative measures, in addition to the 29 protective measures already in place, will ensure our operating forces can train realistically without harming the environment," said Navy Secretary Donald C. Winter in a press release.

Navy officials emphasized that the southern California coastal area was ideal for advanced training for Navy officers.

But Joel Reynolds says that the Navy still needs to follow the letter of the law, and that the President himself does not have the right to go against that. "The President’s action is an attack on the rule 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."