Oral arguments on the California sonar case will take place before the Supreme Court on Wednesday, October 8, in the culmination of perhaps the most convoluted sonar challenge to date. The case began as a simple NEPA challenge to routine Naval sonar training off the Southern California coast in early 2007, and has turned into a test of the powers of both the executive and judicial branches to set environmental standards. Read the rest of this entry »

A new Draft Overseas EIS released by the Navy shifts the preferred site for a long-planned sonar training range from North Carolina to Florida, near Jacksonville. The 575 square mile Undersea Warfare Training Range would be outfitted with a grid of instrumentation which is designed to provide detailed feedback during training missions using mid-frequency active sonar. The instrumentation, including passive listening devices, would also allow for more robust monitoring for marine mammals. Read the rest of this entry »

The eternal cycle of Yellowstone Winter Use Plans looks to continue for at least one more round, as the third “final” National Park Service rule governing snowmobile access to Yellowstone and Grand Teton National Parks has been tossed out by a Federal District Court after challenges form a consortium of environmental organizations.  DC-based judge Emmet Sullivan found that the NPS plan that would allow 540 snowmobiles to enter the parks each day was “arbitrary and capricious.” Sullivan expressed three key objections: the current average use of 263 snowmobiles is already exceeding the noise standards set by the Park Service (with the additional snowmobiles likely to further increase the area in which snowmobiles are audible for over half the day from 21 square miles to 63 square miles); NPS “utterly failed to explain why none of the seven alternatives would constitute impairment or unacceptable impacts” (despite NPS figures that suggest an increase in exhaust gasses and particulates of 18-100%); and NPS “failed to provide a rational explanation for the source of the 540 snowmobile limit.” The case turned on how to interpret the Organic Act, a 1916 law that established the Park Service

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The Minerals Management Service has released the final report of the Sperm Whale Seismic Study, which lasted five years and used acoustic D-tags that track the movements of whales while also recording received sound levels. Unfortunately, few of the 98 whales that were successfully tagged during the study came any closer than 5km to the seismic survey air guns being used as the test sound source, so the final conclusions only address long-range impacts. According to Doug Biggs of Texas A&M, one of the lead scientists, “The bottom line is that airgun noise from seismic surveys that are thousands of yards distant does not drive away sperm whales living in the Gulf.” Biggs also noted that some individual whales feeding at depth reduced the rate at which they made echolocation clicks while in search of prey when the air guns came closer; not enough instances of this occurred during the study to make definitive conclusions about how large an impact this might cause. The study provided a wealth of new information about the Gulf of Mexico sperm whale population, which appears to be genetically distinct from open-ocean sperm whale stockes, smaller in size and with distict vocalization patterns. Sources: PhysOrg.com, 8/21/08 [READ ARTICLE]  ScienceDaily/Texas A&M, 8/21/08 [READ ARTICLE]

Been wondering what’s up with the great “Sonar Kills Whales”/”Everything’s Fine, Just Go Away” rhetorical battle between NRDC and the Navy? As you might suspect, the reality is not nearly so neatly defined as either of them might suggest….and if you’re up for digging into it more deeply, the Acoustic Ecology Institute has just posted an AEI FactCheck that explores three key questions:

• Dead Whales: How Common?
• Behavioral Reactions: Millions of Whales Affected, or Negligible Impact
• Additional Mitigation: Common Sense Precautions or Undermining Sailor Safety?

There’s a fair dose of decoding science and regulatory details in this document, as well as acknowledgment of the underlying unspoken ethical questions that lead to radically different perspectives on the same data.

Check it out at
http://www.AcousticEcology.org/srSonarFactCheck.html
AEI is a resource/information center for sound-related environmental issues, run by editor/writer Jim Cummings (yup, that’s me…). We’ve some how managed to become friends with top scientists and agency staff, major environmental groups, and even a few folks in the Navy and oil and gas industry. More at http://AEInews.org

A federal district court has approved a settlement between the Navy and a NRDC-led coalition of environmental groups that will limit training missions using Low-Frequency Active Sonar to several specific regions in the Paciific Ocean. Negotiations were ordered by the court after NRDC challenged the legality of permits the Navy received which would have allowed nearly worldwide use of the powerful submarine-detection system. Ed note: in practice, the Navy’s two LFAS-equipped ships have remained in the western Pacific, where they can monitor Chinese and North Korean subs. The new agreement allows the Navy to use LFAS in more areas than were allowed under a similar agreement several years ago, including waters near the Philippines and Japan (with seasonal restrictions), as well as areas north and south of Hawaii, while explicitly banning its use in some biologically important areas, including marine sanctuaries near Hawaii. Read the rest of this entry »

As a new UK Navy report suggests that beaked whales made “potentially very significant” behavioral changes in response to mid-frequency active sonar signals, a team of scientists has just completed a pilot study that involved monitoring the detailed behavior of whales during a major Naval exercise. The UK military report details observations of whale activity during Operation Anglo-Saxon 06, a submarine war-games exercise in 2006. Produced for the UK’s Defence Science and Technology Laboratory, the study used an array of hydrophones to listen for whale sounds during the war games. Across the course of the exercise, the number of whale recordings dropped from over 200 to less than 50. “Beaked whale species appear to cease vocalizing and foraging for food in the area around active sonar transmissions,” said the report.  Read the rest of this entry »

Plans for a modest-sized wind farm in rural Wales have been abandoned after one of the developers decided that it would have to be cut in half to meet local noise standards. While energy company E.On had hoped to build a 10 megawatt, 8-turbine wind farm, their analysis showed that only a 5 megawatt project would avoid causing a “noise nuisance” to nearby homes, and they could not justify investing in the smaller project. E.On’s head of new business Danny Shaw said: “We certainly didn’t take this decision lightly but, as a responsible developer, we simply wouldn’t be willing to build a scheme that we thought had the potential to exceed acceptable noise limits.” E.On’s planned partner, Arts Factory, hopes to proceed with the smaller project. Arts Factory chief executive Elwyn James said, “We’re disappointed obviously, although we would be just as cautious as E.On about the possibility of causing noise disturbance.” Source: BBC News. 7/2/08 [READ ARTICLE]

The US Navy has released its first completed Environmental Impact Statement examining active sonar training activities, this one covering training in waters around Hawaii, and proposing to continue current Navy operating procedures, rather than adopting more stringent safety measures. Eleven other regional training ranges are receiving similar scrutiny, with draft EISs released for two, and the final decisions planned for all by the end of 2009. Read the rest of this entry »

The appearance of beaked whales on beaches always raises concern about possible sonar impacts, since these deep-diving whales are the family that is apparently most sensitive to mid-frequency active sonar. Over the past couple of weeks, two beaked whales stranded, one dead near Atlantic City, one alive in Florida. The Florida whale has been diagnosed with meningitis, along with infections in multiple organs and a heavy parastic infection in its liver. The whale was too ill to return to the sea; it was euthanized after Navy scientists conducted hearing tests, which have rarely been possible with beaked whales. The Atlantic City whale underwent a necropsy; initial results did not show any clear cause of death or weakness. The Navy has said that there has been no active sonar activity within a hundred miles of Atlantic City since a major exercise ended in early June; while this does not preclude the possibility that the whale was injured while escaping sonar signals, the single animal does not match earlier incidents that involved multiple animals or species. A beaked whale that stranded in the same area in December had an inner ear infection, which could have contributed to its stranding. While ongoing research and closer public scrutiny are offering a clearer sense of the ways that sonar affects beaked whales (especially triggering dangerous/injurious fleeing behavior), it is also important to remember that not every dead whale is a victim of sonar impacts. Sources: CBS4.com, 6/25/08 [READ ARTICLE] Press of Atlantic City, 6/29/08 [READ ARTICLE]

The US Navy continued its increasingly adamant defense of its mid-frequency sonar training program this week, with the US Pacific Fleet Commander telling reporters that court-ordered restrictions are making it more difficult to train. Admiral Robert Willard said that one of his strike groups showed “adequate, although degraded” anti-submarine warfare proficiency during recent exercises off California. The fleet certified the group anyway, but noted the ships altered standard techniques and procedures to comply with court rulings. Willard said sailors were learning artificial tactics they wouldn’t use in the real world. “Translate that into the Western Pacific or into the Middle East, where quiet diesel-powered submarines exist in large numbers, and we’re potentially in trouble,” Willard said. Meanwhile, during a field trip to a Navy destroyer off the coast of Virginia, Jene Nissen, the Navy’s environmental acoustics manager, said the Navy was working hard to align their practices with what scientists say is necessary, stressing the lack of any strandings “linked scientifically” to Navy activities during 40 years of presence on the east coast. Some of the scientists on board as experts for the press questioned the Navy’s absolute assurance, noting several incidents in which mid-frequency sonar is suspected of causing strandings or agitated reaction among whales, though absolute proof was not found. Nina Young of the Ocean Leadership Consortium (a program that coordinates several agency ocean programs) said the Navy uses uncertain cause of death rulings to downplay possible links between sonar and mammals. “It’s unfortunate that the threshold for the Navy seems so absolute, and the burden of proof so high, that it undermines efforts to engage in a productive discussion, she said. Andrew Wright, a marine mammal scientist who has worked for the Marine Mammal Commission and NOAA, said definitive proof of sonar’s effect on whales didn’t exist until recently. “We’ve only really known about the problem since 2000, 2002. We don’t have long-term information, even on humans,” Wright said later. “There’s so much uncertainty around this, and it all depends on where you place the burden of proof.” Sources: The Virginian-Pilot, 6/16/08 [READ ARTICLE]  San Diego Union-Tribune, 6/10/08 [READ ARTICLE]

In the wake of the Falmouth Bay strandings, the UK Navy has announced that it has been testing a new approach to “shock trials,” meant to be less dangerous for marine life. Shock trials test the resilience of ships to mines and torpedoes, typically accomplished by setting off large explosions near the ships. The new technique uses airguns, which release blasts of compressed air, in place of explosives. A Ministry of Defense spokesman said that the resulting pressure waves are less intense, adding that “the new approach reduces the risks to the environment as the only by-product is hot air bubbles.” This statement neglects to mention that another by-product is intense noise, and that, to fulfill its purpose in testing the resilience of ships, there is also a strong pressure wave created. Likely the airgun pulse is less sudden (i.e., the sound wave has a longer rise time), which may help reduce hearing-related damage, but it, like all airguns, will create a startling sound at close range (up to a km or so), and be audible for tens of kilometers at least. The brief press mention of this new “dolphin-friendly weapon” did not clarify whether the system was being used around Falmouth Bay at the time of the strandings; local reports indicate unusual explosive sounds were heard. Source: London Sunday Mirror, 6/15/08 [READ ARTICLE]

A scientific panel charged with overseeing environmental safeguards at the controversial Sakhalin-II oil and gas field off the Russian North Pacific coast has criticized project developers for failure to adhere to two key requirements designed to protect the critically endangered Western gray whales in the area. Speed limits for boats are not being observed, and the companies have failed to deploy noise monitoring equipment. In addition, the adequacy of the noise monitoring being planned was criticized by the panel. The critique could jeopardize future funding for the project, as key banks have said that compliance with all of the Grey Whale Advisory Panel’s reasonable recommendations is a condition of financing, and the developers committed to doing so in their Health, Safety, Environment & Social Action Plan. Finalization is close on $5 billion loan from the Japan Bank for International Cooperation. Source: Dow Jones, 6/13/08 [READ ARTICLE]

After routine pre-deployment training exercises in Hawaii, some Navy personnel have complained that the differing operational requirements imposed by federal courts in Hawaii and California are complicating, and at times compromising, their mission. Rear Adm. James P. “Phil” Wisecup, commander of the strike group, said the changing sonar rules “just complicate things” in a warfare area that’s already very complex. “In the end, just give me a standard, and I can meet it,” Wisecup said, “But if the standard changes — and it is changing from one area to another — as different judges interpret the law and make decisions on a very complex issue — then we have to adapt.” Read the rest of this entry »

David Byrne is behind a public sound art project set to open this summer in New York’s Battery Maritime Building, an old waterfront structure. Keyboards, to be played by passers-by, will blow air through exposed pipes, creating deep flute-like sounds, trigger vibrations in steel girders so that they hum, and strike metal columns to ring with gong-like sounds. “It sounds really simple, but it’s kind of a lot of fun,” said Byrne, who started the Talking Heads. “It’s more than fun — it’s awe-inspiring.” Read the rest of this entry »

Across the eastern and central United States and Canada, small towns are writing ordinances to govern wind farm development, grappling with uncertainty about reasonable buffer zones to assure that residents will not be disturbed by turbine noise. In recent months, stories about several specific wind farms that have caused noise complaints have circulated more widely, raising local concerns elsewhere about the common practice of using 1000- to 1500-foot setbacks (with Mars Hill in Maine and Allegheny Ridge in Pennsylvania being the most commonly cited). The research and testimony of two doctors, one in New York and one in Italy, and several acoustics consultants, all of whom advocate for much larger buffers between large turbines and residences, are beginning to influence local towns to adopt more stringent ordinances, which energy companies say will severely limit their abilty to find suitable sites for wind farms. Read the rest of this entry »

 A surge in lease sales along Alaska’s west and north coasts has spurred predictable resistance from locals and environmental groups. While the effect of any possible oil spills in harsh waters is certainly a major focus of concerns being voiced, the impacts of the first phase of oil and gas exploration have moved to the forefront of discussions. The oil industry is gearing up to explore a record number of offshore lease areas in the next few years, and this summer, up to five seismic survey vessels are scheduled to be off the Alaskan coast, firing airguns 2-4 times per minute and listening for the echoes Read the rest of this entry »

 Todd and Jill Stull of Portage, Pennsylvania have sued the operators of the Allegheny Ridge Wind Farm, alleging that the turbines near their homes create noise in excess of local regulatory limits. Attorney Bradley Tupi, representing the Stulls, alleges in the lawsuit that Gamesa Energy misrepresented to local officials the noise levels from the turbines to get approvals for construction of the wind farm. “They assured the officials in the township in question that the turbines would be quiet. Read the rest of this entry »

Calumet County, in eastern Wisonsin, recently faced a dilemma that is increasingly common in rural America: an outside company had appeared in their region, planning to build wind farms and seeking permits. Many local governmental bodies have taken a cursory look at complex reports submitted by companies, taken assurances of “no noise” at face value, and later regretted not learning more. The Calumet County Board of Supervisors took two years to consider the issue, and in March instituted a carefully considered ordinance to govern wind farm development that is exceedingly (perhaps even excessively) weighted toward protection of local residents from noise impacts. Read the rest of this entry »

While reports of nearby industrial wind farms causing annoyance with their noise are becoming fairly common, a physician who has been looking at the most severe complaints has coined a phrase: “wind turbine syndrome.” Nina Pierpont, a New York pediatrician who has taught at the Columbia University College of Physicians and Surgeons, has found a consistent cluster of symptoms associated with people living near wind turbines, including sleep problems, headaches that increase in severity, dizziness, nausea, exhaustion, anger and irritability. “A setback of 1.5 miles from homes, schools, hospitals and similar institutes will probably be adequate Read the rest of this entry »

Bristol Bay Oil and Gas Planning Announced by MMS; CBD Vows to Stop Leasing Process Due to Critical Habitat Designation – The Minerals Management Service has officially announced the start of a planning process to consider a 2011 lease sale for offshore oil and gas exploration in the North Aleutian Basin in Alaska. The publication of the proposal marks the start of the process, which will involve a public comment period and months of gathering information for an environmental impact statement, said Robin Cacy, a minerals service spokeswoman in Anchorage. “No decisions have been made on the sale. This is just the beginning,” she said. The area, which had been protected from drilling since 1990, is north of the Aleutian Islands near Bristol Bay. On the same day that the plan was announced, NMFS published its final decision naming parts of the lease sale as Critical Habitat for the North Pacific right whale. Read the rest of this entry »

Navy Releases Southern California Sonar Draft EIS, Proposals Fall Short of Court Orders – The Navy has released its long-planned Draft Environmental Impact Statement on offshore training exercises in Southern California, including the use of mid-frequency active sonar. Recent legal challenges to the Navy training, in which a circuit court judge imposed additional restrictions on use and an appeals court upheld the ruling, have been based on both the Navy’s previous lack of comprehensive environmental analysis, and on the standing of the California Coastal Commission to impose its own restrictions beyond those imposed by the federal National Marine Fisheries Service. The DEIS continues to make the case that the Navy’s existing operational procedures, developed in consort with NMFS, provide adequate protection to marine life; California state officials and laywers told the press that they are likely to challenge the final EIS if additional safety measures are not added.  Read the rest of this entry »

Navy Looks to Supreme Court for Sonar Relief – The US Navy has, as widely expected, asked the Supreme Court to review a decision by a Federal Appeals Court that upheld a lower court ruling imposing a larger buffer zone and other additional operational restrictions on its sonar training in southern California. The Justice Department petition argues that the restrictions jeopardize the Navy’s ability to train sailors and Marines for service in wartime, and could possibly prevent certification of some naval strike groups preparing to deploy to the Persian Gulf. The agency also contends that national security interests can trump those of marine mammals, and that its use of mid-frequency sonar in training exercises hasn’t caused any documented harm to dolphins or beaked whales in the waters where they’re conducted. “We believe that this is an issue that is absolutely essential to national security and that a Supreme Court review of this case is warranted,” said Cmdr. Jeff Davis, a Navy spokesman.  Read the rest of this entry »

Listening Buoys Deployed in Shipping Lanes Near Boston – Ten hydrohones installed in December in and near Stellwagen Bank National Marine Sanctuary are now active, monitoring the busy shipping lanes for whales. When a whale is heard, tanker captains are notified within a half hour, and required to slow down (which reduces noise) and post lookouts, so that fewer extremely endangered Northern right whales are killed by ship strikes. The listening network will also help scientists to understand how the whales respond to the approach of ships. “A lot of the coastline throughout the world is becoming industrialized,” said Sofie Van Parijs,  Read the rest of this entry »

Urban Noise Threatens Dawn Chorus and Bird Populations – European researchers are increasingly concerned about accumulating evidence that urban and suburban noise is having dramatic effects on bird populations. Some birds may be adapting by developing new behaviors, perhaps changing dramatically enough to be considered new species: nightengales sing up to 14dB more loudly in the city (some at 95dB, enough to cause discomfort to human ears), great tits are singing at a higher pitch, and robins have abandoned their noisy dawn (i.e. rush hour) chorus and now sing at night, when it is quieter. Birds must hear each other in order to mate and warn each other of predators. Declining populations of house sparrows (down by two-thirds over the past couple of decades) and overall bird populations (down 20% in the past four years) could be due to difficulty in finding mates, or abandonment of urban and suburban habitat.Source: Daily Mail, 3/26/08 [READ ARTICLE]