Navy to curb use of sonar system

Environmental groups and the U.S. Navy have struck a deal to dramatically limit the peacetime use of a new kind of sonar in the world's oceans after scientists found the technology can harm marine life, including whales and dolphins.

Navy sonar is being investigated as a possible cause of the deaths of 13 harbor porpoises that washed ashore in the San Juan Islands in May. And researchers last week reported that the bends -- a condition suffered when human divers surface too quickly -- might be triggered in whales after sonar exposure.

Although the restrictions wouldn't apply to the type of sonar suspected in the deaths of San Juan Islands porpoises, the move is "a major step forward" in preventing expansion of sonar's use, said Joel Reynolds, director of the Marine Mammal Protection Project with the Natural Resources Defense Council.

The low-frequency sonar restricted under the new agreement is considered dangerous by environmentalists and researchers because it travels even farther than the sonar believed to have harmed the porpoises in the San Juans.

Last year the National Marine Fisheries Service granted a permit to the Navy to use low-frequency sonar in more than 75 percent of the oceans, but the decision was challenged by the NRDC and others because of concern over harm to marine mammals.

The Navy had planned to deploy low-frequency sonar worldwide for long-distance submarine detection. This new form of sonar actively emits signals to help detect extremely quiet submarines.

In August, U.S. District Court Judge Elizabeth Laporte struck down the permit and issued a preliminary injunction that reduced the area in which the sonar could be used. She ordered the parties to negotiate an agreement over its use.

The agreement announced yesterday allows sonar use in less than 1 percent of the oceans and is similar to the restrictions imposed in the preliminary injunction. Laporte must grant final approval and is expected to take action later this week.

The Navy has not received final word of the agreement, but would comply, Lt. Cmdr. Cappy Surette said.

"Whatever the final decision is, the Navy will uphold the law," Surette said from the Pentagon.

Since the injunction, the Navy has used the sonar system, called the Surveillance Towed Array Sensor System, Low Frequency Active, in restricted areas without harm to marine life, Surrette said.

The agreement is "a good step because low frequency active sonar travels so far," said David Bain, a researcher with the University of Washington who studies the effects of noise on marine mammals. "It sets a good model for how to deal with midfrequency sonar."

Midfrequency sonar is used by U.S. and European militaries and not impacted by the agreement. It has been linked to whale deaths in the Bahamas three years ago and is suspected to have harmed marine mammals in other situations as well.

Although the decision was touted by many environmentalists as a victory for marine life, concerns remain.

Under the deal, low-frequency sonar will resonate through a slice of ocean that includes waters off Japan, China and the Philippines. At the center of this is Okinawa, home to a U.S. military installation and endangered dugong, a relative of the manatee.

"The waters off of Okinawa are described as the Galapagos of the East," said Peter Galvin, Pacific director for the Center for Biological Diversity, an environmental group based in Tucson, Ariz. "It's a very important area."

Last month, the Center for Biological Diversity and others filed suit against the U.S. Department of Defense over plans to build an airbase in Okinawa. The American and Japanese organizations that filed the suit claim the base could harm the dugong, which are protected under the U.S. Endangered Species Act.

"I know the that NRDC has the best of intentions," Galvin said. But Okinawa "is not a good location to have these sonar activities."

NRDC was joined in the sonar suit by The Humane Society of the United States, Cetacean Society International, League for Coastal Protection, Ocean Futures Society and Jean-Michel Cousteau.

The agreement does not apply to sonar activity during times of war or "heightened threat conditions." It prohibits sonar within a minimum of 30 nautical miles offshore and up to 60 nautical miles. There are also seasonal restrictions intended to protect migrating whales.

To address the issue of mid-frequency sonar, environmental groups yesterday filed a petition to NATO asking members to mitigate the effects of midfrequency sonar. They are also seeking international regulation of all underwater noise. If voluntary actions are not taking, legal steps could be taken under the guise of pollution laws, a spokesman with the NRDC said.

And the military has continued to fight for exemptions from environmental regulations, arguing that they impede training and preparation. Federal lawmakers are still considering their request.

"If the Navy is able to successfully exempt themselves from the (Marine Mammal Protection Act and the Endangered Species Act) this is going to be a very short-term success," said Fred Felleman of the Orca Conservancy.

The Associated Press contributed to this report. P-I reporter Lisa Stiffler can be reached at 206-448-8042 or lisastiffler@seattlepi.com

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