Halibut Hangar

Originally Published June 24, 2008; Updated and Republished July 09, 2008; Updated and Republished August 12, 2008; Updated and Republished October 08, 2008; Updated and Republished November 12, 2008; Updated and Republished December 29, 2008:

Modern electric submarines have less noisy machinery, greater endurance, reduced indiscretion ratio, and use energy absorbing materials. This increased "stealth" has pushed our Navy's antisubmarine warfare efforts in the direction of using lower frequency, higher power sonar.

However, the new sonar's energy may fatally harm or hinder our whales, dolphins, and perhaps other marine life over disputed distances of between 200 - 482,803 meters—an environmental impact study is needed and our Navy is required by law to provide it.

Our Navy has sought to unsuccessfully interpose a waiver in lieu of conducting the required study. After several adverse rulings our Navy has appealed to the United States Supreme Court for relief from conducting the required study.

The next administration and Secretary of Navy must immediately dismiss Winter v. National Resources Defense Council, Inc. (No. 07-1239) and direct the Navy to conduct the needed impact study.

"The navy thus faced the danger of losing its five-year exemption from the Marine Mammal Protection Act. Perhaps, however, that problem represented a small debt the navy could repay the creatures whose hydrodynamic beauty had inspired the father of the submarine more than a century earlier"--Thomas Parrish, The Submarine--

Res:

• UPDATED 11/12/2008Winter v. Natural Resources Defense Council, Inc., 07-1239 (.3M pdf). US Supreme Court decision.

  "We do not discount the importance of plaintiffs’ ecological, scientific, and recreational interests in marine mammals. Those interests, however, are plainly outweighed by the Navy’s need to conduct realistic training exercises to ensure that it is able to neutralize the threat posed by enemy submarines. The District Court abused its discretion by imposing a 2,200-yard shutdown zone and by requiring the Navy to power down its MFA sonar during significant surface ducting conditions. The judgment of the Court of Appeals is re-versed, and the preliminary injunction is vacated to the extent it has been challenged by the Navy."--Winter v. Natural Resources Defense Council, Inc., 07-1239--

• Lower Court Decision against the Navy 518 F.3d 658 (pdf)

Web:

• Updated 01/02/2009 AP, Study: Hawaii's pygmy killer whales stay close.
• Updated 12/29/2008 Navy.mil, Navy Settles Worldwide Mid-Frequency Active Sonar Lawsuit.

• Updated 10/09/2008 Navy.mil, Supreme Court Hears Navy Sonar Case.

  "A well-trained Navy is key to defending our security and prosperity."--CNO, Admiral Gary Roughead--

  
  Our Navy must learn to defend our security and prosperity with the smallest possible footprint—we are not required to choose between killing our marine life and living in security and prosperity, they are complementary.
• Updated 10/08/2008 Google->AP, [US Supreme] Court wrestles with case on Navy sonar, whales

• Updated 08/12/2008 NYT, Navy Agrees to Sonar System Restriction and SFGate, Navy to restrict sonar blasts to protect whales, other sea mammals. Navy agrees to limit its usage of low-frequency high power sonar.

  Still on appeal from the ninth circuit, in a separate case (see above), is continued usage of mid-frequency sonar.

• Updated 07/09/2008 NYT Opinion Rear Admiral Larry Rice, Marine Mammals and the Navy. Submarines are all about optimization under constraints. In order to optimize given a specific constraint we must understand the constraint(s).

  The study the Navy seeks to avoid conducting via waiver and litigation is about understanding those constraints marine mammals may impose on our submarines—not four dollar a gallon gas.

  It is uncharacteristic for a navy admiral to use demagoguery, PR stunts, and NYT's editorial pages verses the scientific process and data to optimize performance under constraints.

• Updated 07/04/2008 Canadian Press, U.S. Navy has adopted new rules to help protect marine mammals
• Updated 07/04/2008 US Navy, Environmental News
• New sonar ruling backs global restrictions