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Navy files for “Incidental Take Permit” in the Gulf of Alaska

Friday, March 5th, 2010

GoA - Navy pic reducedA few weeks back we submitted comments on the US Navy’s Draft Environmental Impact Statement (DEIS) for the expansion of Anti-submarine Warfare exercises in the Gulf of Alaska (GOA). The DEIS, at some 950 pages was very wordy, though we found it lacking on many counts.

In requesting permission to open this area up to environmental compromise, the Navy is also requires a “Letter of Authorization” (LOA) from the National Marine Fisheries Service (NMFS) “to take or harass marine mammals.”

The Navy’s LOA request was also a very wordy document – some 426 pages and reading a bit like a marine natural history textbook. Although all of these words were wrapped around a scant ten day transect survey of the proposed 42,000 sq. mile area.  We found this shortcoming exacerbated by the fact that the transects were performed in April to derive estimates marine mammal populations throughout the summer feeding season when they want to do their exercises.

The EPA among others also found the population estimates inadequate so I suspect the Navy will be asked to do a more thorough survey job. But in our comments we also found quite a few more deficiencies in the impact estimates – statistical anomalies and carefully selected (but outdated) research papers used to substantiate their models, for example.

Another troubling symptom of their request is that they mention nothing about the dumping of 10,000 lbs. of toxins each year into the GOA – toxins which are persistent, are known endocrine disrupters, and are increasingly found in high concentrations in the tissues of marine mammals.

Our comments on the GOA Letter of Authorization Request are not particularly light reading, but we believe that they call for much more than just a recalibration of marine mammal population estimates to induce a “green light” from NMFS.

Lunar connection on Hanalei Bay stranding nixed.

Monday, August 10th, 2009

Hanalei Bay Melon headsOn the morning of July 3 2004 there was an agitated aggregation of Melon Headed whales in Hanalei Bay, Hawai’i. This event was concurrent to the RIMPAC international naval exercise  which happens every two years.

As is typical with these tragic events, the US Navy rolled up their collective sleeves and focused on how to establish that they were not responsible.

In this case they started out with the claim that the exercises were not in progress until after the event. They also sponsored an extensive modeling of the event and presented the findings at the Fall 2004 Acoustics Society meeting. (“Analysis of melon-headed whale aggregation in Hanalei Bay,” David Fromm et. al JASA 2004)

While Dr. Fromm’s presentation was interesting, it was also fraught with data gaps – such as an analysis of the frequencies and signal types used in the exercises. The study was also reiterated their claim that the “embayment” happened before the Navy commenced the exercise (which was later in the day than the stranding.).

A critical element that was omitted from the study was that the warships were calibrating their sonar prior to commencing the exercises. These calibrations were coincident to the embayment of the whales.

There were a number of other troubling  assumptions that did not square with the incident – including a “lunar” connection (based on an aggregation of melon headed whales that occurred on the same day in Japan). All tolled, it was a well funded, beautifully presented model based on exculpating assumptions – and ultimately signifying very little. The paper has not been published after peer review, and remains in abstract form in the J. Acoustical Society of America.

Hallway comments from closely linked (Office of Naval Research- ONR) sponsored scientists seemed to agree that the modeling was an expensive “CYA” presentation (their words).   Your tax dollars at work…

Noise impacts from military communication sonars are much more widespread than the US Navy would like to admit. ONR is funding research on the impacts,  but their priorities seem more focused on how to prevent these embarrassing stranding events from occurring – such as spatial-temporal planning and “recoverable threshold” testing on marine mammals – rather than  determining what the mechanism is for the aggravation.

We believe that the Navy could accomplish their mission safely if they chose to examine the signal characteristics that are agonistic and then crafted communication signals that are more benign.

Toward this end we are working on a metrics system that can qualify noise by loudness as well as “roughness” – the characteristic that distinguishes the differences between alarming sounds and pleasant sounds that may be equally loud. Hopefully this ‘metric’ will provide design guidance in the tempering of mid-frequency communication sonar signals.

The referring articleis  in AAAS Science with a nice title “Whale Stranding: Sonar or Lunar

US Navy and National Marine Fisheries Service work on Pacific Northwest sonar guidelines

Monday, August 3rd, 2009

Infamous USS Shoup incedent

Infamous USS Shoup incedent

“The July 13 Federal Register reported that the Navy wants NMFS to permit up to 14 dead marine mammals from its proposed sonar use up to 250 miles from the Northwest coast…”

In ongoing discussions about defining the Pacific Northwest warfare training ground, NMFS is being asked to weigh in on sonar guidelines.

The entire plan has been getting a lot of public attention this last year because it apparently includes provisions to lob missiles over Seattle and other coastal cities into eastern Washington. (…and who wants to be living in a missile firing range?)

The regional sensitivity around the Mid-frequency sonar derives from a nasty affair in Washington’s Haro Straits involving the Navy Destroyer USS Shoup molesting the Puget Sound J-pod orcas and probably killing some 11 harbor porpoises in the area.

The Seattle Post Intelligencer article is pretty candid about the nature of the threats and risks, but the high take levels requested in the Federal Register are a bit stunning. I have not read the actual Request for Incidental Take Permit, so I don’t know how they came up with “14 dead.”  Perhaps it was taking the eleven dead from the Haro Strait incident and tossing in a few more for good measure…

I am also not a military strategist so I can’t comment with any authority about the Navy’s perceived threats. But I would suspect that there is a degree of institutional momentum here that could be combed through much as Congress did on the recent F-22 debacle (dog-fighter airplanes designed around the cold war threat of MIG-25’s).

I believe we have the responsibility to step back a few steps and do a risk/benefits analysis on the entire program being proposed. We might find that just like the F-22 fighter jets, we don’t really need to “incidentally” kill marine mammals to secure our coasts and military assets.

The public comment period on the draft plan will be out in the fall. More words to come.

Cornwall Mass Stranding Event

Wednesday, June 17th, 2009

Cornwall Stranding

The mass stranding event (MSE) in Cornwall UK last year points to Navy sonar. But if you read through the very comprehensive report you can see why it is difficult to arrive at unimpeachable scientific conclusions.

The report is here:

http://randd.defra.gov.uk/Document.aspx?Document=WC0601_8031_TRP.pdf

The quote from the report conclusion states:

“A period of naval exercises involving a variety of high intensity acoustic sources were conducted around the time of the MSE, but evidence of one of more specific naval activities that tightly coincided in time and space with the likely initial onset of the MSE were absent in all the records of naval activities released under the Freedom of Information Act.”

The term “tightly coincided in time” is at issue because the exercises were conducted within 60 hours of the strandings – close enough to not be eliminated as a cause, but not so close as to indicate sonar as a definitive reason for the stranding.

The report is quite thorough and illustrates why it is so difficult to ascertain causation for any stranding event.

This illustrates why the US Navy can state with scientific certainty that “only 37 whales have stranded as a consequence of Navy sonar.”

In science there is no Racketeer Influenced and Corrupt Organizations (RICO) act that can indict criminals because they always seem to be around the scene of a crime. We can only look at the correlations and make our informed assumptions.

Navy “Sparkle” and Propaganda – Evironmental “lawfare” threatens National Security

Saturday, May 30th, 2009

noiseA vaguely academic article published in  the “National Maritime Foundation: Advancing India’s Maritime Interests.” argues that environmental groups are actually agencies set up by adversarial governments to hobble the Navy’s readiness capabilities through environmental “lawfare.”

see: http://www.maritimeindia.org/modules.php?name=Content&pa=showpage&pid=166

I’m sure that the US Navy has an editorial board that weighs the degree of “sparkle” in the pieces they circulate to foreign publications. “Sparkle” being a term used by “intelligence” folks to frame predatory journalism; how much ‘lie’ you can infuse in a piece to influence readers in some particular way. The piece quoted smells highly of this. India readers are not going to question the implied enmity between the US and Russia or China, they will continue to see the US as “hero” being attacked from within by nefarious forces like NRDC and the Humane Society.

While this article was published in a foreign military publication, we are not exempt from military propaganda here at home – even in the academic circles of professional scientific conferences.

Back a couple of years ago Secretary of the Navy Donald Winter presented a PowerPoint slide show on the impacts of Navy sonar on marine life. In his presentation there was a slide that compares with relative dot sizes how many marine mammals are killed in fishing operations (Big Giant dot) with how many have been killed by sonar (only 37 – represented by this itty-bitty dot).

The actual numbers are much more than disputable because the 37  moralities they chose to represent were the stranded beaked whales from the Bahamas and from the Canarias – that due to necropsies were indisputably linked to acoustic trauma. The thousands more animals that happen to wash up on shore coincident to a Naval maneuvers are not represented on the slide because they are considered “anecdotal.”

Whale hearing specilist Darlene Ketten pulled this zinger slide out again last summer at the Paris Acoustics08 conference. I took her to task on this; both the disputability of the slides numbers as well as the question of its pedegree, to which she mumbled something about feeling like she was in a French Surrealist film (Cocteau, no doubt).

But the slide has legs, and showed up again last week at the Acoustics Society Meeting, held in Portland. This time it was in the presentation for the Marine Mammal Noise Exposure Criteria presentation – at a session I was hosting.  I did let the presenter know that the slide seriously pollutes the scientific integrity of the rest of the work. But being that the work is funded largely by the US Navy, I guess the “quid-pro-quo” for the funding is that the slide needs to get some screen time.

Along with the slide is the text (also used by Winter and Ketten) that all of the money “wasted on litigation” could be much better spent on bio-acoustic impacts research. Of course without the litigation posed by environmental NGO’s such as NRDC and the Humane Society, it is unlikely that any money would be allocated to research on bio-acoustic impacts because the situation would not be perceived as a “threat to national security.”  And so it goes…

Minke Whales harassed by Navy Sonar

Wednesday, May 27th, 2009
Photo Lewis Drysdale

Photo Lewis Drysdale

Yet another unfortunate event involving whales and mid-frequency sonar; two minke whales were seen “porpoising” at high speeds in waters where military operations were taking place. Observers also heard extremely loud sonar concurrent to the sightings.

Minke whales are the smallest of the baleen whales, reaching a bit over 30 ft. in length. Porpoising is a shallow and fast skipping across the top of the water, given to porpoises and dolphins, not 11 ton baleen whales.

It is probable that these animals were keeping as close to, and above the water surface to keep their hearing either out of harms way, or near the surface where some attenuation is afforded. (This is similar to the protective strategy used by the orcas during the Haro Strait incident in 2004).

The article also mentions a decrease in population over the years, though the sonar correlation is only insinuated.

For the complete article see: http://www.wildlifeextra.com/go/news/whales-sonar009.html#cr

This news was sent to us by OCR Board member and Acoustic Ecologists Jim Cummings. (See: www.acousticecology.org )

More sad news about our complex relationship with the sea.

Phillipines Mass Stranding

Tuesday, February 10th, 2009
Melon headed whales in Manila Bay

Melon headed whales in Manila Bay

Yesterday there was mass-stranding event in the Philippines, near the US Navy’s Subic Bay base. As of yet there has not been any definitive correlations with military operations, but the last time melon-headed whales were involved in a similar incident was a few years back in Hanalei Bay Hawai’i, coincident to a military exercise.

A BBC News article with dramatic footage can be seen here: http://news.bbc.co.uk/2/hi/asia-pacific/7880375.stm

A number of folks in the area from the conservation community have been asked to look into this, so we will keep you posted as we hear more.

The article states that fishermen have been “rescuing” the animals (actually a species of dolphin, not whale). While their hearts are in the right place, if these animals have been deafened, they are not likely to survive.

Stay tuned.

Supreme Court rules in favor of the Navy

Wednesday, November 12th, 2008

justices-topperSadly the Supreme Court ruled in favor of the US Navy in the recent gambit on the mitigation measures proposed by the California Coastal Commission.

The vote was 6-3, with Justices Alito, Scalia, Thomas and Kennedy joining an opinion written by Chief Justice Roberts. Justice Breyer filed an opinion concurring in part and dissenting in part, in which Stevens joined as to the concurrence. Ginsburg and Souter dissented outright.

The opinion can be read here:

http://www.supremecourtus.gov/opinions/08pdf/07-1239.pdf

The first few pages are the Syllabus and condense the arguments in the opinion. These pages are a good read and explain much of what the case was about, and how the Court viewed the arguments.

Some of the highlights (or low points) include the court deferring to the Navy’s expertise:

“Military interests do not always trump other considerations, and the Court has not held that they do, but courts must give deference to the professional judgment of military authorities concerning the relative importance of a particular military interest.”

This would not be so troubling to me if we could trust the Navy’s true motives and their record of being forthright and honest in matters of “National Security.”

The judgment also compromises the National Environmental Policy Act (NEPA) around the mechanisms and needs to prepare an Environmental Impact Statement (EIS):

“There is accordingly no basis for enjoining such training pending preparation of an EIS—if one is determined to be required—when doing so is credibly alleged to pose a serious threat to national security.”

So we have a situation here where the Navy Experts can determine the value of the public (environmental) interest in their training exercises, and determine if delaying them with an EIS would “threaten national security.”

Greg Stohr gives some wider ranging considerations here: http://www.bloomberg.com/apps/news?pid=20601087&sid=agB_f1yIavFo&refer=home

His article refers to the executive powers issue inasmuch as he mentions that the pesticide, forest products, agricultural and home building industries were behind the Bush administration’s position on the case

I don’t know what to say here except “oh well…”

Much appreciation goes to the NRDC team who have done a sterling job on this entire case – even in the face of a challenging Supreme Court.