Navy Allowed to Kill Whales in Hawaii

Navy Allowed to Kill Whales in Hawaii





January 2009 - The federal government today 
issued authorization to the U.S. Navy to impact whales and dolphins while 
conducting sonar training exercises around the main Hawaiian Islands for 
the next five years. The letter of authorization and accompanying rules 
allow for injury or death of up to 10 animals of each of 11 species over 
the five years covered by the regulations.
 
The Navy requested authorization under the Marine Mammal Protection Act 
because the mid-frequency sound generated by tactical active sonar, and 
the sound and pressure generated by detonating explosives, may affect the 
behavior of some marine mammals or cause what the Navy calls "a temporary 
loss of their hearing."
 
Mid-frequency sonar can emit continuous sound well above 235 decibels, an 
intensity roughly comparable to a rocket at blastoff across hundreds of 
miles of ocean to reveal objects, such as submarines, underwater. 
NOAA's Fisheries Service, which issued the authorization says serious 
injury or death to marine mammals is not expected as a result of the 
exercises. But the agency acknowledges that exposure to sonar has been 
associated with the stranding of some marine mammals, and some injury or 
death could occur. 

The Fisheries Service has determined that these effects would have "a 
negligible effect on the species or stocks involved." 
Protective measures outlined by NOAA require the Navy to establish marine 
mammal safety zones around each vessel using sonar and shut down sonar 
operations if marine mammals are seen within designated safety zones. 
The Navy must use exclusion zones to ensure that explosives are not 
detonated when animals are detected within a certain distance. 
The Navy must implement a stranding response plan that includes a training 
shutdown provision in certain circumstances and a memorandum of agreement 
to allow the Navy to contribute in-kind services to NOAA's Fisheries 
Service if the agency has to conduct a stranding response and 
investigation. 

The regulations establish an area of extra caution in the Maui Basin 
because of its high density of humpback whales. The Hawaiian Islands 
National Marine Sanctuary covers the four island area of Maui; Penguin 
Bank; and extends off the north shore of Kauai, the north and south shores 
of Oahu, and the north Kona and Kohala coasts of the Big Island. 
Hawaii is the only place in the United States where humpbacks breed, 
calve, and nurse their young. Approximately 4,000-5,000 whales migrate to 
the Hawaiian Islands each winter. Although the population of humpbacks is 
increasing, these whales remain endangered. 

NOAA Fisheries Service said in a statement today that these measures 
"should minimize the potential for injury or death and significantly 
reduce the number of marine mammals exposed to levels of sound likely to 
cause temporary loss of hearing." 

But environmentalists disagree. 

"The role of the National Marine Fisheries Service is to protect the 
health and welfare of marine mammals and they are abdicating their duty 
with this authorization," said Taryn Kiekow, marine mammal staff attorney 
with the Natural Resources Defense Council. The nonprofit organization has 
fought a series of legal battles against the Navy's use of sonar due to 
its adverse effects on whales and dolphins. 

"They are recycling protections for sensitive marine mammal species and 
habitat near Hawaii that courts have repeatedly found inadequate," Keikow 
said. 

The Navy has been conducting training exercises, including the use of 
mid-frequency sonar, in the Hawaiian Islands for more than 40 years. 
Exercises range from large multi-national, month-long training exercises 
using multiple submarines, ships, and aircraft conducted every other year, 
known as Pacific Rim Training Exercises, to two- to three-day exercises to 
test the readiness of battle groups, known as Undersea Warfare Exercises, 
and shorter exercises that last less than a day. 

NOAA's Fisheries Service and the Navy have developed a monitoring plan to 
use independent, experienced aerial and vessel-based marine mammal 
observers as well as Navy watch standers, passive acoustic monitoring, and 
tagging to better understand how marine mammals respond to various levels 
of sound and to assess the effectiveness of mitigation measures. 
The implementation of this monitoring plan is included as a requirement of 
the regulations and the letter of authorization. 

The letter of authorization, which is required for the Navy to legally 
conduct sonar activities, is issued annually, provided the Navy abides by 
the terms and conditions of the letter, submits the required annual 
reports, and shows their activities do not result in more numerous effects 
or more severe harm to marine mammals than were originally analyzed or 
authorized. 





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