Protecting Whales from Dangerous Sonar

In the deep ocean, whales and other marine mammals depend on sound to communicate, navigate, find food and attract mates. Imagine, then, what happens when a noise as intense as 2,000 jet engines blasts through the water.

That sound is the result of military ships and submarines pinging the ocean with active sonar, and it’s why NRDC has been fighting for more than a decade for prudent safeguards -- eventually taking the fight all the way to the U.S. Supreme Court.

We don’t have to choose between national security and protecting the environment.
– Michael Jasny, NRDC senior policy analyst

NRDC first started pushing for safer sonar use in the mid-1990s, before evidence of its dangers became widespread. By 2000, the threat grew undeniable when 13 whales of four different species stranded themselves in the Bahamas after a mid-frequency sonar exercise.

Since then, researchers have investigated numerous similar strandings around the world, and concern about sonar has continued to rise.

Navy Admits Sonar is Harmful

Under much pressure, the Navy finally began to prepare impact statements on mid-frequency sonar in 2005. Its first environmental review, for a proposed training range off North Carolina, was so heavily criticized that Congress cut its annual funding for the range. The Navy then withdrew its plans and started over.

The Navy also admitted that training exercises off the coast of southern California posed dangers to marine life. It estimated that exercises planned between January 2007 and 2009 would disturb 170,000 marine mammals, permanently injure more than 500 whales and cause temporary hearing impairment in at least 8,000 others.

NRDC asked the Navy to adopt specific common-sense safety measures to ensure that whales and other animals would be protected during training exercises. They include:

• Refrain from using sonar within 12 nautical miles of the California coast and in certain vulnerable whale habitats.
• Stop using sonar when marine mammals are spotted within 2,200 yards of a sonar-emitting vessel.
• Power down sonar by 6 decibles during “surface ducting” conditions. (Surface ducts are areas in the water where sound waves can be channeled, resulting in more intense exposure for whales.)
• Keep a watch out for whales from the air and delay exercises when they’re within range.

To the High Court and Beyond

In early 2008, a Los Angeles federal court ruled in NRDC’s favor, requiring the Navy to implement the safeguards. The military appealed all the way to the U.S. Supreme Court.

Arguments were heard in October 2008, and a month later, the justices issued a split decision, overturning two of the six mitigation requirements imposed by the Ninth Circuit Court of Appeals.

But the ruling left four important safety measures in place, and the Navy complied with them for the remainder of its exercises in California.

Protecting whales from sonar has never posed a threat to national security. NRDC doesn’t argue that the Navy shouldn’t train its sailors -- only that those exercises should be undertaken with effective precautions.

It’s a matter of life and death for the marine mammals who share their home with our ships and submarines.