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Pentagon Exempts Navy from Whale Protection Law

 

July 03, 2006 — By Kristin Roberts, Reuters

WASHINGTON — The Pentagon Friday exempted the Navy for six months from a law

protecting whales and other marine mammals, a move that may allow planned naval

exercises using military sonar to proceed despite a lawsuit.

 

The exemption allows the Navy to conduct the 13 exercises it plans over the next

six months without seeking permission for each under the Marine Mammal

Protection Act.

 

The exemption is allowed under law, but it was the first time the Pentagon had

used that authority. The Defense Department may renew the Navy's exemption for

up to two years.

 

Navy Deputy Assistant Secretary Donald Schregardus said the exemption was a

response to a lawsuit filed by a coalition of environmental groups led by the

Natural Resources Defense Council over the use of sonar that they say injures

and kills whales and other marine animals.

 

That lawsuit is still pending, and a trial date could be set as early as Monday,

Schregardus said.

 

The environmental groups argue that sonar used in routine training and testing

violates environmental laws. The suit accuses the Navy of failing to take

precautions that could spare marine animals injury or death.

 

The groups said they plan to pursue the lawsuit despite the Pentagon's action.

They said the Navy is also in violation of another law -- the National

Environmental Policy Act.

 

'HISTORIC RETREAT'

 

" This is an historic and unprecedented retreat by the U.S. Navy from our

national commitment to protect whales, dolphins and other marine life, " said

Joel Reynolds, a senior attorney at the National Resources Defense Council, of

the exemption.

 

" It's not that the Navy can't comply with the law; it's that the Navy chooses

not to. "

 

The group says the exemption shows the Pentagon knows its use of military sonar

does not comply with federal law.

 

Navy officials, however, said they set tough standards to protect marine mammals

during a recent sea, air and land exercise, and that those standards would be

met in the upcoming exercises as well.

 

The Navy remains subject to requirements under two other laws -- the National

Environmental Policy Act and the Endangered Species Act.

 

Permitting under the Marine Mammal Protection Act can take as long as eight

months. The Navy can obtain permits under the other two environmental laws

within weeks, Schregardus said.

 

The exemption, he said, will allow the Navy to proceed with its planned

exercises and give it time to work with regulatory agencies on a long-term plan

to put all Navy ranges and operating areas in compliance with environmental

laws.

 

 

" NOTICE: Due to Presidential Executive Orders, the National Security Agency may

have read this email without warning, warrant, or notice. They may do this

without any judicial or legislative oversight. You have no recourse nor

protection save to call for the impeachment of the current President. "

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