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   Web Issue 3146 May 13 2008   
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Landmark US sonar case over whales
IAN BRUCE, Defence CorrespondentJanuary 02 2008

Scottish environmental campaigners are awaiting the outcome of a landmark American court case which could affect the way navies are allowed to use powerful sonars which can confuse, injure, or even kill whales and dolphins.

A Californian federal judge is expected to rule this week on whether the military can be forced to obey laws relating to the protection of marine life instead of claiming immunity on national security grounds.

At the centre of the debate is the Low Frequency Active (LFA) sonar system used by both the US and Royal navies to hunt and locate submarines by bouncing high-intensity sound-waves from their hulls.

The system emits a noise that can produce 160 decibels at a range of more than 120 miles, 50 times louder than the US Navy's own safe-sound limit for human divers. Tests on the British version of the system, known as sonar 2087, have been carried out at the Butec base, at Kyle of Lochalsh. The range is a laboratory for submarine development, covering a huge area of sea from the base north through the Sound of Raasay.

In Britain, the MoD is subject to all the wildlife legislation on the statute book. None has been applied to the LFA system.

The California stand-off began in late 2006, after the US Navy announced it would conduct 14 training operations off southern California between early 2007 and 2009. The exercises would involve extensive use of mid-frequency active sonar. Under the plan, the sonar would be used throughout thousands of square miles of ocean and would be permitted near Channel Islands National Park off Santa Barbara.

The Navy sent its plans to the state coastal commission for review, but excluded any mention of the sonar, claiming it would have no impact on the coast. The commission disagreed and proposed 12 preventative measures for the protection of marine mammals.

The navy responded by obtaining a formal exemption from the Marine Mammal Protection Act - the law that most clearly limits actions potentially harmful to whales.

The navy maintains it already minimises risks to marine life and has 29 existing procedures in place to avoid harming marine mammals. It also says that what the council and other groups are seeking would cripple essential sonar training which could cost human lives in war.

Environmentalists say evidence gathered since the mid-1990s connect sonar with mass strandings of whales, particularly the deep-diving beaked whale. A 2000 beaching of an entire whale pod in the Bahamas during a US Navy sonar exercise provided the first conclusive evidence that the sounds were driving some whales ashore to their deaths.

The Royal Navy meanwhile says it has developed "a range of mitigation measures to minimise the impact of sonar fitted to surface warships". These include cutting off the 2087 sonar system when whales, dolphins, and other cetaceans are detected nearby, and steering clear of areas known to be popular breeding-grounds.

It is estimated that as many as 27 species of whales, porpoises and dolphins visit Scottish waters.


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Posted by: Wullie, Aberdeen on 12:16am Wed 2 Jan 08
This is good news for Jackie Bailie when she goes for a paddle in the sea.
Posted by: donald, glasgow on 5:49am Wed 2 Jan 08
Does she allow the weans tae paddle at Faslane and Coulport while she puts wee Onion Jacks on their British sand castles??
Posted by: Scunnert, Travelling in Nihlon on 6:18am Wed 2 Jan 08
If Jackie Ballie is a beached whale and Wendy Alexander is an auld trout, how come Gordon Brown is a lemming? Or is he really a jelly fish going incognito?
Posted by: Wardog, Buckie on 1:27pm Wed 2 Jan 08
Or is he really a jelly fish going incognito?

ha ha ha ha ....that's priceless....
Posted by: lankasphinx, travelling on 1:43pm Wed 2 Jan 08
doesn't anyone have anything intelligent (as opposed to smart) to offer on this article? Like what effect 160 dB might have on humans, bearing in mind that shooting a 12-bore comes in at 168 decibels? Or that just because we have finally seen a link with whales, that might not be the only impact on other fish or mammals?

mind you, the jelly fish bit was good....
Posted by: Wullie, Aberdeen on 2:10pm Wed 2 Jan 08
lankasphinx wrote:
doesn't anyone have anything intelligent (as opposed to smart) to offer on this article? Like what effect 160 dB might have on humans, bearing in mind that shooting a 12-bore comes in at 168 decibels? Or that just because we have finally seen a link with whales, that might not be the only impact on other fish or mammals?

mind you, the jelly fish bit was good....
Shooting Jackie Baile with a 12 -bore is a bit harsh. A harpoon would be better, saving money on the bullet.
Posted by: Anders Nogiets, 20000 leagues under the sea on 6:55pm Wed 2 Jan 08
What if there was divers in the water anywhere? Would the humanists be objecting?
Posted by: Yok Finney, Ross-shire on 11:06pm Thu 3 Jan 08
which could affect the way navies are allowed to use powerful sonars

I doubt this. When they've fitted the gear, they'll use it -- just not have dead whales where the rich and famous holiday or on popular beaches.

When was the last time navies sank any of their rival's ships? Fisherman doing their hard and honest toil have been wiped out here and there. But no subsea operators will admit to this in any court. The Belgrano was a sitting duck and doesn't count.

Navies do sit and fire cruise missiles at undefended civilian populations as if it was a computer game not childrens' lives.

The once formidable Russian navy was as effective as the German surface fleet. So I tend to conclude that navies are mere playthings for our world government yet to be announced. Tony Blair to head it?
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