The Department of Defense today announced authorization of a
six-month national defense exemption from requirements of the Marine Mammal
Protection Act (MMPA) for naval activity involving mid-frequency active sonar
use during major training exercises and on established ranges and operating
areas.
A lawsuit filed by a group of non-governmental organizations and a
private citizen to stop sonar use during U.S. Pacific Command's 'Rim of the
Pacific' (RIMPAC) sea, air and land exercise led to the U.S. Navy seeking an
exemption. The lawsuit was filed in spite of the National Oceanic and
Atmospheric Administration (NOAA) issuing three documents supporting RIMPAC
exercise operations while carefully protecting marine life.
Under the national defense exemption, the Navy will not be
required to seek permits for activities under MMPA during a six-month period.
DoD authorized this exemption after conferring with the Department of Commerce.
The exemption will allow the Navy to continue its work with NOAA
regulatory agencies to further its MMPA compliance strategy. It does not
affect Navy requirements under the National Environmental Policy Act (NEPA),
the Endangered Species Act (ESA), and all other federal environmental and
natural resource protection requirements.
"The Navy will continue to employ stringent mitigation measures to
protect marine mammals during all sonar activities, to include habitat
controls, safety zones around ships, trained lookouts, extra precautions
during chokepoint exercises, in coordination with National Marine Fisheries
Service," said Navy Rear Adm. James Symonds, director of environmental
readiness.
"The Navy has a comprehensive strategy in place to comply with the
MMPA. This temporary exemption period will give us the time to work with NOAA
and devote our resources to the success of our long term environmental actions
which form the core of our compliance strategy," said Symonds.
The Navy's long-term compliance plan will ultimately cover all
Navy ranges and operating areas with environmental impact statements under
NEPA, letters of authorization under the MMPA and consultation under the ESA
as required. Navy policy mandates that all its ranges and operating areas be
covered by overarching compliance actions by the end of fiscal 2009.
http://www.whalesandsonar.navy.mil.
