As part of a suit filed in May 2007 by several conservation groups, an injunction was issued Friday by a Hawaii federal district judge over the U.S. Navy’s use of active sonar that he recognized as harmful to whales. Judge David A. Ezra stated that the evidence presented by the Animal Welfare Institute (AWI) and fellow co-plaintiffs was both “compelling” and “convincing.”

Granting the motion for preliminary injunctive relief, Judge Ezra said, “[T]here is little disagreement that MFA [mid-frequency active] sonar can cause injury, death, and behavioral alteration to these animals.” Further, he ruled that the Navy’s reliance on a noise level of 173 decibels, below which it claims harm to animals from its sonar will not occur, was “arbitrary and capricious,” an acknowledgment that even sonar noise at much lower intensity levels can harm and kill marine mammals.

“Whales have stranded and died at predicted noise levels of around 150 decibels — 100 times less intense than the threshold set by the Navy,” said AWI President Cathy Liss. “Such a level is without scientific justification.”

The injunction now prevents the Navy from proceeding with its use of active sonar in an upcoming March exercise in Hawaiian waters until specific precautions prescribed by the judge are taken. After the exercise, Judge Ezra will review the results of the exercise to consider modification of these imposed safety measures.

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(Source: PRNewswire/ The Earth Times)