Activists Plan Fight for Marine Mammals
Exempt From Some Rules to Protect Animals, Navy
Might Seek to Alter Sonar Limits
BY Marc Kaufman, Washington Post Staff Writer
The Navy won a backroom congressional victory last week that allows it to get
out from under laws that protect whales, dolphins and other marine mammals, but
in the process it touched off what could be a bruising battle over the future of
one of the nation's most popular environmental measures.
Environmental advocates and their congressional allies, including a handful
of Republicans, are promising to mount a concerted effort next year to overturn
the Navy provisions and to turn protection of the appealing and often endangered
marine creatures into an election-year issue.
Advocates for the oceans say there is a great deal at stake: They call the
changes the biggest "rollback" of the Marine Mammal Protection Act
since it was passed 30 years ago, and predict they will result in the death of
many more whales, dolphins and porpoises.
Apparently encouraged by its triumph, the Navy has served notice that it
might try to modify a court agreement it accepted last month that sharply limits
where it can deploy a new low-frequency sonar system designed to detect quiet
diesel submarines. Environmentalists say the new sonar is so loud that it can
harm and even kill noise-sensitive whales and dolphins.
The Navy got its way in the form of an amendment to the annual Defense
Department authorization bill, which was sent Wednesday to President Bush. The
long-sought provision essentially allows the Pentagon to exempt the Navy from
marine mammal protections and sets out a looser definition of what constitutes
illegal "harassment" of ocean mammals. The military has argued for
some time that the law's requirements have limited its operations and technology
in ways that endanger its forces by making it harder to track enemy submarines.
The legislative changes "will allow us to better provide the training
that our young men and women in uniform deserve before being asked to sail into
harm's way on our nation's behalf," said Navy spokesman Cappy Surette.
The use of the defense authorization bill as the vehicle for the Navy
amendments invaded jealously guarded turf lines in Congress, raising the hackles
of Sen. Olympia J. Snowe (R-Maine) in particular. She chairs the subcommittee
that has jurisdiction over the marine mammal act, which is up for renewal next
year.
Snowe said that the sponsors of the changes "disregarded our
jurisdiction and previous work on the reauthorization of the Marine Mammal
Protection Act, and they have seriously altered marine mammal policy in the
United States." Many of those changes, she said, cause her "serious
concern."
The Marine Mammal Protection Act was passed in 1972 to keep government and
commercial interests from harming the declining populations of whales, dolphins
and porpoises. The act is often credited with stabilizing some of those
populations, and advocates are concerned that the progress will stop.
In a bid to build momentum for a review of the Defense-inspired changes, Sen.
Susan Collins (R-Maine) sent a letter late last week to leaders of the Commerce
Committee asking for a full review of the issue. She said she supports some
changes to the law, but the Defense Department amendments "go beyond what
is necessary to defend our nation and do not include adequate provisions to
protect marine mammals, or indeed, even to know the impact of the provisions on
marine mammals."
Gerald Leape, vice president of the National Environmental Trust, said the
way the amendment went through -- with little public debate and a minimum of
scientific input -- was particularly unfortunate.
"We and other groups will be taking on this fight with great
vigor," he said. "They've created big holes in the [marine mammal
act], and that has long been the backbone of the protection for these
animals."
The Navy sought revisions in the act partially in response to its
long-running legal battle with environmental groups trying to curtail deployment
of a new low-frequency active sonar system. The Navy says that it needs the
sonar to detect diesel submarines -- used by North Korea and others -- that
sometimes cannot be traced with today's equipment, and that tests show the sonar
is safe for marine mammals.
But environmental groups argue that the low-frequency sonar, which sends out
underwater blasts of sound as loud as a jet engine, is likely to harm endangered
whales and other sea mammals, and should only be used in selected areas. In
recent years, several beachings of whales around the world have been linked by
scientists to warships using mid-frequency sonar, and some believe the
low-frequency version could be equally deadly.
Last month, the Navy agreed to a permanent injunction restricting deployment
of the sonar, after a federal judge ruled that government agencies had
improperly granted the necessary approvals.
Navy spokesman Surette said that after the congressional action, its
officials are discussing with the Justice Department how it might reopen the
case. "We are considering our appellate options, and these legislative
decisions will factor into those potential courses of action," he said.
The changes to the law were crafted in a House-Senate conference committee
that worked out the final language of the defense authorization, which also
loosened some of the Pentagon's obligations under the Endangered Species Act.
Military leaders have complained that large sections of training sites such as
Camp Pendleton in California have become off-limits because they are home to
endangered species, and the new legislation would ease the military's obligation
to protect "critical habitat" for protected animals.
The House and Senate overwhelmingly approved the final language of the
defense authorization bill, but some legislators said opposition to the
environmental provisions was masked by the legislators' desire to support
soldiers fighting in Iraq and Afghanistan.
"If there was an up-or-down vote on the changes alone, I don't think
they would pass Congress," Collins said.
Sen. Carl M. Levin (D-Mich.) criticized the amendments Wednesday on the
Senate floor, and said they need to be reviewed in the proper Senate committee.
He also criticized the Bush administration for rejecting "every proposal
that could have garnered broad bipartisan support in favor of an approach that
would impose virtually no obligation at all on the Department of Defense to be
environmentally responsible. I am concerned that this approach could result in
real and unnecessary harm to marine mammals and a serious backlash against the
Navy."
Joel Reynolds, senior attorney for Natural Resources Defense Council, said he
did not think the amendment would immediately undermine the low-frequency sonar
injunction inasmuch as the judge ruled that the government had broken a number
of laws in approving the sonar deployment. But he also said that "any
activity in the ocean that the military engages in will now be subject to less
regulation as a result of these ill-advised exemptions."
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