The Natural Resources Defense Council, which sued the military on the issue, and the Navy reached a settlement last week in which the Navy agreed to use the new system only in specific areas along the eastern seaboard of Asia, according to documents provided by the environmental group.
The agreement must be approved by a federal magistrate to become permanent, but if implemented the deal would greatly restrict the Navy’s original plan for the sonar system, which once was slated to be tested in most of the world’s oceans.
The Navy has not received final word of the agreement, but would comply, said Lt. Cmdr. Cappy Surette.
“Whatever the final decision is, the Navy will uphold the law,” Surette said from the Pentagon.
Environmentalists say sonar systems endanger marine mammals and fish, especially whales. They point to a different system the Navy used in 2000, when at least 16 whales and two dolphins beached themselves on islands in the Bahamas.
Eight whales died and scientists found hemorrhaging around their brains and ear bones, which could have been caused by exposure to loud noise.
“Oceans are an acoustic environment, and the species that live there have an acute acoustic sense,” Frederick O’Regan, president of the International Fund for Animal Welfare, said in a conference call Monday. “If we interfere with these critical behaviors, we may be affecting not just individual animals, but entire populations.”
Last year the Natural Resources Defense Council and other environmental groups sued the Navy over the new system, seeking to restrict its use.
U.S. Magistrate Elizabeth Laporte later issued a preliminary injunction restricting use of the system, and in a separate ruling ordered the environmentalists and the Navy to negotiate a final settlement.
The new deal, which is the result of those negotiations, largely mirrors the restrictions imposed by Laporte’s injunction.
Since the injunction, the Navy has used the sonar system in restricted areas without harm to marine life, Surette said. It is designed to detect enemy diesel submarines at great distances.
Joel Reynolds, director of the Marine Mammal Protection Project at the Natural Resources Defense Council, welcomed the settlement.
“This agreement safeguards both marine life and national security,” Reynolds said in a statement. “It will prevent the needless injury, harassment, and death of countless whales, porpoises and fish, and yet allow the Navy to do what is necessary to defend our country.”
In addition to restricting the system to the eastern seaboard of Asia, the Navy also agreed to seasonal restrictions designed to protect whale migrations, and to avoid using the system near the coast.
None of the restrictions applies during time of war.
Meanwhile, the Natural Resources Defense Council, International Fund for Animal Welfare and other environmental groups announced a new global campaign Monday to stop the spread of high-intensity sonar systems in oceans.
Such systems are used by the defense forces of Canada, Britain, France, Germany, Italy and other nations.
By Angela Watercutter, Associated Press
