ORDER (TRO) IN SAN FRANCISCO  COURT TO STOP SONAR   
    EXPERIMENTS ON 3,000  CALIFORNIA GRAY WHALES.

Hilo based attorney, Lanny Sinkin, acting on behalf of Gray Whales  and Humpback Whales, as well as a number of US and Australian animal and  environmental groups, will request that the Federal District Court act to  immediately restrain Dr Peter Tyack from experimenting on Gray Whales.  A  TRO Hearing has been set down for l0.00am, Wednesday 8th January, at Court  1, 17th Floor, Federal Court House, 450 Golden Gate, San Francisco. Case  No: 03-0078.

Dr Peter Tyack of Woods Hole Oceanographic Institute intends to begin  deploying sonar from Pacific Gas & Electric's property at Point Buchon from  January 8th -24th.
Dr Tyack has targeted Gray Whales at a time when the migration pulse is  composed principally of heavily pregnant whales and newborn calves.

At the recent International Whaling Commission (IWC) meeting in Japan, the
US delegation revealed that the Gray Whale population has crashed by 9,000
animals to a low of l7,000.

With no evidence of recovery and a continuing low calf count, the deployment
of mid and high frequency sonar at unprecedented levels has the potential to
send the species to extinction, said Mr Sinkin.

Dr Tyack intends to broadcast sonar at levels of l80dB 1 uPa. This is the
equivalent of standing next to an F-16 taking off.

Leading whale expert and research biologist, Ken Balcomb said in his deposition in support of the TRO that : 'It is a published fact that avoidance behavioural responses have been shown to occur in a variety of marine mammals from a variety of underwater sound frequencies at RL (received levels) less than 140dB 1 uPa.

Several species of beaked whales have been accidentally killed by exposure  to high intensity underwater sound. Sound-sensitive beaked whales occur  along the California coast coincident with the migration of the Gray whales,  he says.

Ken Balcomb's deposition highlights the little known fact that whalers used  intense underwater sounds ( eg Asdic, a 14-20kHz active sonar device) to increase the efficiency of their catch when chasing whales. The behaviour of many whale species was greatly modified when exposed to the Asdic device which has similar frequency characteristics to the device Dr Tyack is proposing to use.

Interference with Calf Communication.
Dr Tyack's intended frequency levels have the capacity to interfere with calf communication, says Mr Sinkin. This fact has been well documented in  a California Coastal Commission hearing on an experiment on sea lions proposed by NMFS in 1999 which used sonar devices broadcasting at frequencies that the CCC ruled would interfere with calf communication.

" Dr Tyack has stated that he will broadcast at similar frequencies, " says  Mr Sinkin.

" We have no research on the effects of mid and high frequency sonar on  calves in utero, or newborn calves. What we do know is that broadcasts at  180dB are recognized by the US Navy, the scientific community and at least  one Federal Judge as harmful to the extent of causing physical injury.

"This experiment targets more than 20 per cent of an extremely vulnerable
and fragile population," says Mr Sinkin.

"Through a process of deceptive amendments to his original permit, Dr Tyack 
has legally flawed consent from NMFS to 'Take and Harass' 417,000 whales
and dolphins in huge geographic areas across the planet. Many of these
species  are listed as endangered.

"Hawaian Humpback Whales are Dr Tyack's next target.
" It is simply unacceptable that the Humpback Whales in Hawaian waters
should again be subjected to sonar experiments.

" It is unacceptable that nearly half a million cetaceans should be subjected
to frequency and decibel levels that are known to cause harm.  The  public
has a right to know the full extent and ramifications of these experiments
which have not been subjected to any Environmental Impact Study.

" We are taking this legal action on behalf of the Gray and Humpback Whales, 
seeking standing on their behalf and on behalf of concerned Human groups.

" Gray Whales and Humpback Whales must not be used as living biological
models for sonar experiments. They have a right to exist in peace. I will
be requesting that the Court nullify the NMFS Permit in its entirety."

On behalf of Hawai'i County Green Party, Australians for Animals, Stop LFAS, Worldwide Network, Channel Islands Animal Protection Association,
Sea  Sanctuary Inc. Robert Puddicombe, Naturalist.

Written and authorized by Sue Arnold, Australians for Animals.


BBC Thursday, 2 January, 2003, 23:36 GMT  US caves in over Mexico tuna war Activists claim Mexico's methods will still harm dolphins
Mexican tuna is officially dolphin-safe as far as the US is concerned, bringing a 12-year trade battle to an end.

The decision by the US Commerce Department to end what the Mexican Agriculture Ministry called a "de facto embargo" allows Mexico to export tuna despite its controversial tactic of chasing - and netting - dolphins to lead its fishermen to tuna schools.

Mexico last year threatened to take the dispute to the World Trade Organisation, a move which could have further disrupted international trade talks.

But the US's redefinition of the technique as having "no significant adverse impact" on Pacific Ocean dolphin populations has incensed environmental activists.

They say the US federal government's own data shows dolphins continue to be under threat, and that the decision amounts to caving in to Mexican pressure.

As far as Washington DC is concerned, Mexico has addressed the problems that triggered the initial finding that its fishing methods threatened dolphins.

In Western Europe and the US, pressure groups have worked hard since the early 1990s to ensure that only tuna caught without endangering dolphins can get the coveted "dolphin-friendly" seal of approval.

The Commerce Department said Mexico's techniques had certainly killed numberless dolphins at first, but that they had since been refined to minimise the impact.

"This finding means that the definition of 'dolphin-safe' is that dolphins can be encircled or chased, but no dolphins can be killed or seriously injured in the net in which the tuna was harvested," it said in a statement.

At risk
But campaigners say the decision reeks of special pleading and the desire for an easy life.

The Earth Island Institute, an environmental pressure group, accused the Bush administration of "selling out dolphins in order to reward Mexican tuna millionaires".

The death toll each year would amount to 20-400,000 dolphins, it warned.

"The National Marine Fisheries Service has determined that depleted dolphin populations are not recovering in the Eastern Tropical Pacific, and that the cause is almost certainly... the deadly nets of the tuna fishing industry," it said.

Mexico produced about 133,000 metric tonnes of tuna in 2001, exporting about 15% of its catch with Spain as its principal foreign customer.
© MMIII | News Sources | Privacy

previous whale news                 subsequent whale news               whale index