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International Fund for Animal Welfare Commends Appellate Court Sonar Decision, Urges Full Protection for Whales

Posted on: Thursday, 17 January 2008, 15:00 CST

WASHINGTON, Jan. 17 /PRNewswire-USNewswire/ -- Environmental and animal welfare organizations applauded yesterday's decision by the 9th Circuit Court of Appeals to delay the Bush Administration's attempt to nullify protections for marine mammals from potentially lethal underwater sound blasts until a federal district court can review the decision.

The Appeals Court's decision was in response to unprecedented waivers from the Coastal Zone Management Act (CZMA) and the National Environmental Policy Act (NEPA) given to the U.S. Navy by the President on Tuesday. The International Fund for Animal Welfare (IFAW), the Natural Resources Defense Council (NRDC) and four other groups originally filed suit in Federal District Court over two years ago to compel the Navy to take active steps to mitigate the impacts of peacetime use of mid-frequency active (MFA) sonar in training exercises off the Southern California coast.

"The President's attempt to override federal court orders and ignore federal law is incredibly unfortunate," said IFAW Washington, D.C., Office Director Jeffrey Flocken. "We hope that the district court will decide to reject these unnecessary waivers."

The Navy's high-intensity mid-frequency and low frequency active (LFA) sonar systems can blast vast areas of the oceans with dangerous levels of underwater noise, killing or seriously injuring marine wildlife. Among the most dramatic impacts associated with high-intensity sonar is mass stranding of whales. As sound is crucial to whales, dolphins, porpoises, and other marine wildlife for navigation, communication, mating, and finding food, any disturbance that undermines their ability to transmit or recognize sounds may jeopardize their capacity to function and, over the long term, to reproduce and survive.

Southern California waters have some of the richest marine habitat in the country, and include five endangered species of whales, a globally important population of blue whales, the largest animal ever to live on earth, and as many as seven individual species of beaked whales, which are known to be particularly vulnerable to underwater sound.

On January 3, 2008, U.S. District Court Judge Florence-Marie Cooper issued an injunction and required the Navy to monitor for and avoid marine mammals while operating high-intensity, mid-frequency sonar during the "SOCAL" naval exercises, now underway. Judge Cooper ruled that the Navy's scheme to mitigate harm had been "grossly inadequate to protect marine mammals from debilitating levels of sonar exposure" in Southern California's rich biological waters.

The President's waivers would have eliminated all of the court-ordered mitigations under the pretext of 'emergency.'

"In fact, no emergency conditions exist," adds Flocken. "The SOCAL exercises are routine training drills planned long in advance, but without meeting legal standards. There's no reason why the Navy can't abide by the law and train while avoiding harm to marine mammals wherever possible."

About IFAW (International Fund for Animal Welfare)

Founded in 1969, IFAW is an international animal welfare and conservation organization that works to protect wild and domestic animals and to broker solutions that benefit both animals and people. With offices in 15 countries around the world, IFAW works to protect whales, elephants, great apes, big cats, dogs and cats, seals, and other animals.

To learn more and to take action, visit http://www.ifaw.org/ today.

International Fund for Animal Welfare

CONTACT: Brandon Frazier of International Fund for Animal Welfare US,+1-202-536-1907, bfrazier@ifaw.org; or Abby Berman, +1-212-255-8455,abby@rosengrouppr.com, for International Fund for Animal Welfare

Web Site: http://www.ifaw.org/

Source: PRNewswire-USNewswire

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