rknox
Sun, 18 Jan 2004 00:02:17 -0800
on 1/17/2004 8:34 PM, Will Affleck-Asch at [EMAIL PROTECTED] wrote: > ----- forwarded message ----- > Date: Fri, 16 Jan 2004 05:35:16 -0700 > From: Teresa Binstock <[EMAIL PROTECTED]> > Subject: Judge considers suit to block study on whale detection - sonar > > Judge considers suit to block study on whale detection > Friday, January 16, 2004 > THE ASSOCIATED PRESS > http://seattlepi.nwsource.com/local/156873_whalesonar16.html > > SAN FRANCISCO -- A federal judge yesterday considered > whether to permit a team of marine biologists to continue testing > an experimental sonar system to detect whales that are otherwise > difficult to spot in the deep sea. > > U.S. District Judge Samuel Conti, who blocked testing of the > sonar one year ago, had declined Monday to immediately halt the > research, which some environmentalists claim can harm marine > mammals. > > Yesterday, the judge heard arguments from the New Hampshire > firm that designed the system, the government agency that > approved the testing and environmental groups that sued to block > the research. After a daylong hearing, he said he would announce > his decision today. > > Scientific Solutions Inc. of Nashua, N.H., resumed testing of the > sonar last week off the coast of Central California after receiving > a permit from the National Marine Fisheries Service. > > One day after the tests began, a coalition of environmental > groups -- including Australians for Animals, Sea Sanctuary and > others -- filed a lawsuit seeking a judicial ban. They claimed the > high-frequency sonar could distress and disorient whales, drive > them from their habitat and separate calves from their mothers. > > Scientific Solutions says the system has not harmed the whales > since testing began and will ultimately help protect them from > ship collisions and underwater explosions. > > Last year, environmentalists successfully blocked research on the > system after they filed a lawsuit, contending that an > environmental assessment should have been conducted before > research began. > > After obtaining such an assessment, Scientific Solutions received > a new permit to test its sonar in late December and began testing > in Pacific waters near San Luis Obispo on Jan. 6. They plan to > conduct 20 days of testing each year for five years during the > annual winter migration of gray whales. > > Yesterday, the environmental groups argued that research should > be stopped again because the company and the government failed > to consider the sonar's impact on certain types of whales. They > said a species known as the harbor porpoise, which is particularly > sensitive to noise, could be scared away from their feeding > grounds, threatening their survival. > > "They took the most sensitive species and buried it in > paperwork," said Lanny Sinkin, an attorney > representing the environmental groups. "The agency > prepared environmental documentation designed to allow the > experiment to proceed, despite the environmental impact." > > Attorneys representing the company and the government said the > environmental assessment was conducted properly, and that > there's been no evidence of harm done to marine mammals since > testing started last week. > > "The system is safe, and it was adequately reviewed before the > permit was issued," said James Arnold, an attorney representing > Scientific Solutions. "The goal is to develop a badly needed > technology to protect marine mammals, particularly whales, from > injury or even death." > > The case is Australians for Animals v. National Marine Fisheries > Service, C040086. > > * > The material in this post is distributed without profit to those > who have expressed a prior interest in receiving the included > information for research and educational purposes. > For more information go to: > http://www4.law.cornell.edu/uscode/17/107.html > http://oregon.uoregon.edu/~csundt/documents.htm > If you wish to use copyrighted material from this email for > purposes that go beyond 'fair use', you must obtain permission > from the copyright owner.