Judge Imposes Stricter Rules on Navy to Protect Marine Life

[Judi Lynn]

Source: New York Times

Judge Imposes Stricter Rules on Navy to Protect Marine Life
By CAROLYN MARSHALL
Published: January 5, 2008

SAN FRANCISCO — A federal judge has ordered the Navy to adopt stringent new safeguards intended to improve protection of whales and dolphins during its sonar training exercises off Southern California.

The ruling, issued Thursday by Judge Florence-Marie Cooper of the United States District Court for the Central District of California, orders the Navy to limit its use of medium-range sonar to an area beyond 12 nautical miles from shore. Closer to the shore, marine mammals have exhibited frenzied and disoriented behavior during the emissions of sonar blasts as part of the Navy’s practice missions.

Judge Cooper’s order also outlined safeguards, which include a monitoring session one hour before a military exercise to detect the presence of marine mammals, the use of trained aerial lookouts throughout exercises and a mandatory sonar shutdown when mammals are spotted within 2,200 yards of training maneuvers.

The ruling stems from a long-running legal battle between environmental groups, led by the Natural Resources Defense Council, and the Navy, which has argued that mid-frequency sonar is vital to the training of submarine seamen and other crews who now face a new generation of quiet submarines that cannot be detected by traditional passive sonar waves.




Read more: http://www.nytimes.com/2008/01/05/us/05sonar.html?_r=1&ref=environment&oref=slogin

[Countdown_3_2_1]

1. Devil's Advocate

So if the military just ignores this ruling, who's going to enforce it?
How is anyone going to know if the ruling is being complied with?
3 miles outside of SF, isn't the military is out of the judge's jurisdiction?

Whats the penalty for non-compliance? If its a fee, from whom are they going to collect? And if the navy refuses to pay a fee, what then?

my point is this: Until this becomes a supreme court ruling, its toothless.

Case in point. The US ignored court judgments against Area 51...no one went to jail, no one was fined. This is a carbon copy.

[soothsayer]

2. ok, but it's a step in the right direction!

[LiberalFighter]

3. Courts have jurisidiction over all US citizens no matter where they are.

For instance, if a citizen goes to an Asian country and has underage sex with a boy or girl they can be prosecuted here.

As for the military they might have ruled that the vessel is an extension of the United States.

[ohio2007]

4. But what if the whale and dolphin beachings continue ?

Do the rules change and say all sonar activity should be stopped beyond the 12 mile limit ?

[Countdown_3_2_1]

6. What if the Navy doesn't care? Think military here.

Whales and dolphins don't vote. People employed by naval ports and bases do.
What happens if the navy pulls its bases from the area? massive unemployment.

All I'm trying to convey is this is an unenforceable, feel good ruling that is not likely to accomplish anything short of a USSC decision.

[lonestarnot]

5. Good.