-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

Hello Dear Ones,

Following is an important message from Lanny Sinkin.
Lanny is the attorney from Hilo, Hawaii, who filed a lawsuit to
stop the US Navy from spending further money on LFAS until
after their final Environmental Impact Statement has been filed
and reviewed by a federal court.

Please forward this message to your networks and friends.

Wishing you all the very best,
Larry Morningstar
[EMAIL PROTECTED]

---------------- Begin Forwarded Message ----------------


Hawaii County Green Party Challenges Navy Plan to Resume Testing Low
Frequency Active Sonar System - Call for Congressional Action

>       *** Legal Challenge to Further Testing ***

According to an email received by Dr. Marsha Green of the Ocean Mammal
Institute, from Dr. Robert Gisiner, Office of Naval Research; the United
States Navy is now planning to conduct further tests of the Low
Frequency Active Sonar System known as SURTASS LFA.  The
correspondence between Dr. Green and Dr. Gisiner is posted at

     http://www.ilhawaii.net/~light/gisiner.html

These tests will probably target Sperm Whales in the Azores as the
primary species. A search may be made for the very elusive Beaked
Whales in the Azores or Dominica. The Navy may return to Hawai`i
for further testing on Humpback Whales.

If the Navy returns to Hawaii to follow up on the 1998 tests on
Humpback Whales, Dr. Gisiner's email states that the Navy would
like to achieve received levels (the intensity received by the whale)
of 160 to 180 decibels (dB). In the 1998 tests off Hawaii, very few
whales received levels reaching 140 dB. The proposed new levels
would therefore be 10,000 times more intense than the levels
which causes whales to leave the 1998 testing area. The 1998
testing area also happens to be a favorite breeding and calving
area for the Humpbacks.

Note: the decibel scale is logarithmic:
        150 dB is 10x as intense as 140 dB
        160dB is 100x as intense as 140dB.)

These levels would also be from 5,000 to 500,000 times more
intense than the 125 dB exposure which traumatized a swimmer
in the water in 1998.

On February 29, environmental and cultural organizations joined
an elected official in filing a suit challenging the Navy's preparations
to deploy this system in 80% of the world's oceans. A press release
explaining that lawsuit is included below.

This new information radically changes the Navy position in 1998. At that
time, various suits were filed challenging the testing. The Navy stopped
testing and went to the courts to state that they did not intend to
conduct any more tests and that the research was complete. Based on those
representations, the courts dismissed the cases as moot.

Given the new plan to conduct further tests, the Hawaii County Green
Party is returning to the judge in the 1998 case and asking that case be
reopened and consolidated with the case filed this year, which is before
the same judge. The Green Party will seek an injunction preventing
any further testing.


>       *** Need for Congressional Action ***

The time has come for Congress to step up to its responsibilities to
exercise oversight over the United States Navy. Please communicate
today to your Senators and Representative. The basic message which
you are urged to put into your own words and speak from your own
heart is:

The US Navy is preparing to deploy a low frequency active sonar
system that seriously threatens the marine environment, including
endangered whales and other species. The Navy illegally spent
hundreds of millions of dollars on this system, despite never
completing the environmental impact statement. The momentum of
these illegal expenditures is causing the Navy to ignore credible
evidence that this system is too dangerous to deploy. The time
has come for Congress to exercise oversight by asking the General
Accounting Office (GAO) to conduct an audit of the entire
SURTASS LFA program and to hold hearings in the appropriate
committees into the conduct of the Navy in this manner.

Ask your congressional representatives to either request a GAO audit
and to communicate with the appropriate committee responsible for
this program to urge that committee to request a GAO audit.

Also ask your congressional representative to call for a moratorium
on any further testing of this system until the litigation now pending
in Honolulu is decided.

If you do send a letter to your congressional delegation and are not in
Hawaii, please send a copy of your letter to:

Senator Daniel K. Inouye
722 Hart Senate Office Building
Washington, D.C.  20510

Senator Inouye is a ranking Democrat on the subcommittee on Defense
and a member of the subcommittee on Oceans and Fisheries. He has been
asked to request a GAO audit.

If you are moved to take further action, please communicate your
views to:

Secretary of the Navy Richard Danzig
1000 Navy Pentagon
Washington, D.C.  20350-1000
Telephone:  (703) 695-3131
Fax: (703) 614-3477

*****

To find the name of your US Congressperson and send them an email
message, go to:

    http://www.house.gov/writerep

*****

To send email messages to your US Senators or to search for their
names and snail mail addresses, go to:

    http://www.senate.gov/contacting/index.cfm

*****


>       *** THE SURTASS LFA THREAT ***

The Surveillance Towed Array Sonar System (SURTASS) Low
Frequency Active (LFA) Sonar is an extraordinarily powerful
system the Navy seeks to deploy in 80% of the world's oceans.
One observation about the potential effects of this system on
marine mammals, such as whales, comes from the United States
Marine Mammal Commission:

U.S. Marine Mammal Commission - Annual Report for 1997

Page 169 - Low Frequency Active Sonar

"the possible effects could include:

"death from lung hemorrhage or other tissue trauma;

"temporary or permanent hearing loss or impairment;

"disruption of feeding, breeding, nursing, acoustic communication
and sensing, or other vital behavior and, if the disruption is
severe, frequent, or long lasting, possible decreases in individual
survival and productivity and corresponding decreases in
population size and productivity;

"annoyance and subsequent abandonment or avoidance of traditional
feeding, breeding, or other biologically important habitats and, if
suitable alternative habitats are not available nearby, decreases
in both individual survival and productivity and in population size
and productivity;

"psychological and physiological stress, making animals more
vulnerable to disease, parasites, predation; and

"changes in the distribution abundance, or productivity of important
marine mammal prey species and subsequent decreases in both
individual marine mammal survival and productivity and in
population size and productivity."


>       *** PRESS RELEASE ***

FOR RELEASE TUESDAY, FEBRUARY 29, 2000

On Tuesday, February 29, ten national and Hawaiian organizations
and an elected official filed suit in a Honolulu federal court to
halt the US Navy's preparations to deploy a low frequency active
sonar system, known as LFAS.

The suit alleges that the Navy is violating environmental laws by
spending hundreds of millions of dollars on the sonar system
before completing the analysis of the system's environmental
effects.

The suit also alleges that the Navy is conducting a biased
environmental study designed to justify the expenditures already
made, rather than objectively evaluate the potential for harm to
whales and other marine life.

The plaintiffs claim that the sonar system poses a threat to
marine life, including whales, and to human swimmers and divers.

The suit seeks an injunction to stop the Navy from making any
further "irreversible or irretrievable commitments" to deployment
of the sonar, until the environmental impact statement is complete
and the federal court finds the statement to be adequate.

The suit also seeks an injunction to prevent the National Marine
Fisheries Service from processing a Navy application for a
deployment permit until the Navy is in compliance with
environmental laws.

Increased concern about the safety of the low frequency sonar
system emerged during testing off the Island of Hawai`i in March
1998. Whale watch captains reported the Humpback Whales to be
leaving the testing area. A snorkeler in the water during a
broadcast, emerged with symptoms a doctor described as similar
to a trauma patient in a hospital. Four law suits, which sought to
stop the testing, were declared moot by the courts when the
Navy ended the testing and left Hawaii.

The new law suit alleges that the draft environmental impact
statement deliberately omitted all of the evidence presented by
those filing the suits during the Hawaiian testing.

The plaintiffs filing the suit are:

   Hawaii County Green Party;
   Julie Jacobson, a member of the Hawaii County Council
   Ocean Mammal Institute
   Animal Welfare Institute
   Sea Shepherd Conservation Society
   Stop LFAS Worldwide Network
   Silent Oceans Trust, Inc.
   Kohanaiki `Ohana;
   Universal Cetacean Institute
   Orca Quest
   Whale Rescue Team.

For further information about the law suit and the SURTASS LFA
threat, visit

     http://go.to/lfaslawsuit
or
     http://www.ilhawaii.net/~light/lfaindex.html.


>       *** Funds are Needed ***

The opening of this additional front in the legal arena means that
financial support to pay the expenses of the litigation is even
more needed. Attorney Lanny Sinkin has taken on the case at no
charge (pro bono), however, there are many other costs, including
filing fees, Lanny's transportation to and from the court (by air
to Honolulu), photocopying costs, and mailing costs.

To make a tax deductible contribution, you can make out a check
to "ISF/Stop LFAS."

To contribute funds for unrestricted use, you can make out a check
to "Stop LFAS."

Send your contribution (tax deductible or not) to:

Stop LFAS
P.O. Box 944
Hilo, Hawaii USA 96721

Mahalo Nui Loa (Thanks Ever So Much)


>       *** PLEASE HELP TO SPREAD THE WORD ***

Very few people know about LFAS.
Our Congressional representatives know only what the Navy has told them.

Please forward this message on.
Please write letters to Congress.
Please write letters to your local newspapers.
Please visualize Quiet Oceans, happy whales and dolphins,
and
*** NO FURTHER TESTING OR DEPLOYMENT OF LFAS ***


Larry Morningstar
[EMAIL PROTECTED]


*:-.,_,.-:*'``'*:-.,_,.-:*'``'*:-.,_,.-:*'``'*:-.,_,.-:*

"Be the change you want to see in the world."

            -- Mahatma Gandhi

*:-.,_,.-:*'``'*:-.,_,.-:*'``'*:-.,_,.-:*'``'*:-.,_,.-:*

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