Theos-Talk Archives (March 1998 Message tt00058)

If anyone has been concerned about the whale testing, here is a letter from
a U.S. Representative. - Brenda

Aloha Tage,

I want to personally thank you for writing my office with your concern in
regard to the proposed U.S. Navy LFA sonar testing off the west coast of the
Big Island.

My office began researching this issue when the letters from concerned
citizens like yourself began to pour in. We have been in contact with the
State Marine Mammal Specialist, representatives from the Hawai'i Coastal
Zone Management Program, the Hawaiian Islands Humpback Whale National Marine
Sanctuary, and the National Marine Fisheries Service. I have also written a
letter to Mike Wilson requesting more detailed information. However, since
this project is moving quickly, I wanted to get word out to you with what we
have determined so far.

As many of you know, the proposed study is the last phase of a three part
scientific study to determine the effects, if any, that new U.S. Navy
technologies will have on whales if used globally. The study is part of an
Environmental Impact Statement for the use of this technology and should not
be confused with previous projects, such as ATOC. Phase one and two were
conducted last year and this year off of California's shoreline on the blue,
fin and gray whales to record behavioral responses to Low Frequency Active
Sonar (LFA). Phase three of the project, in the Hawaiian Islands, will
study the effects LFA on singing humpback whales and sperm whales. This
study is proposed during the breeding and calving season to determine if
this technology will affect this important stage in the life cycle.

The Study Methods in brief: As explained to my staff, there will be
monitoring stations on shore and at sea that will watch for singing humpback
whales and sperm whale groups. These animals will be monitored for an hour
before any sonar is projected into the area to determine 'normal' behavior.
After this hour of observation, the scientists will start emitting sound at
the source at a low decibel and increase the volume 10 decibels every minute
until the days maximum for the test (below the determined harmful threshold)
is reached. This slow progression is to allow any marine life that is
uncomfortable with the sound the chance to leave the affected area.

Then the animals in the area will be tracked acoustically and visually
before one individual is chosen for the focus of the LFA sonar by various
criteria: not targeting mother and calf, not too close to the source so that
no permanent shift in the threshold would occur and other measures to
prevent harm to the marine life. There will be transmissions of sound at
the same decibel that was reached in the previous progression for 42 seconds
every 6 minutes for 1 hour to complete a test. During this time, the focal
whale and other non-focal marine life will be observed for behavioral
activity. Scientists will be studying all behaviors and will record all
'takes' during the test. A 'take' is be any behavior change such as a dive,
leaving the source, attraction to the source, etc. Behavior will be
monitored by visual and acoustical means. Should any detrimental effects be
suspected, the test will stop immediately. If a stranding should occur, the

study will discontinue until the cause of stranding/death is known by a
necropsy performed by a team of biologists and veterinarians, including a
hearing specialist from Harvard University. There will be three tests a
day, not to exceed one hour for each test and not to exceed 20 days of
testing.

Steps necessary to conduct this study include:

1. Scientific Research Permit: Permit to Take Marine
Mammals (in this sense "take" refers to a degree of harassment not a permit
for removal or fatalities) permit #875-1401 with the National Marine
Fisheries Service (NMFS) Exp. 10/31/98. This permit allows a degree of
harassment of a limited number of Marine Mammals (and sea turtles) for
study between the months of February and April. Status: Acquired

2. State Consistency Review, provided by the Coastal
Zone Management Program Office, looks at how the environment and coastal
activities will be effected by this test. The review has no veto authority
over federal projects, but did recommend that Allen Tom from the National
Marine Sanctuary be involved in the process. Status: Complete

3. Scientific Collecting Permit issued by the
state from the Department of Land and Natural Resources (DLNR) chaired by Mike
Wilson. The decision has not been made as to whether the state will require
this kind of permit as their is some question as to whether it applies.
Regardless, federal projects can rule supremacy and are not required to file
state and/or local permits if they choose not to. Status: Awaiting decision
of Mike Wilson and the U.S. Navy

The U.S. Navy and its scientific team will meet on Monday, February 23rd and
Tuesday, February 24th with Mike Wilson and DLNR staff to discuss the permit
and the project. We are awaiting the results of these meetings. At this
point, the decision is in the hands of the state DLNR. Unfortunately, the
legislature and the House Committee on Ocean Recreation and Marine Resources
do not have any authority to approve or reject any application to conduct
this research.

I appreciate your concern about this project. I agree with you that it is
essential to protect the whales, other marine mammals and marine life. That
is the goal of this permit process, so I will carefully follow this process
and work hard to help make sure it achieves this goal.

Best regards,

David A. Tarnas
State Representatives
North Kona - South Kohala
Chair, House Committee on Ocean Recreation and Marine Resources