Whale hearing

Amid increasing criticism for the deaths of whales after testing powerful new sonar in the Bahamas, the U.S. Navy has announced it will conduct further studies on how the technology affects the animals. Coming as it does after years of denying any link between sonar and whale injury and just weeks before the federal agency charged with protecting whales closes its increasingly criticized public comment period on the Navy’s request for licenses to deploy the technology, the need for a review of the entire unsatisfactory process is clear.

The new technology – not so new; it’s been undergoing development and testing for 20 years – is active sonar, which emits sound pulses at extremely high volumes to canvass huge areas of ocean for modern, silent-running submarines. The beaching of 14 whales occurred in March, during a Navy active sonar test; a similar incident occurred last year in the Mediterranean during a NATO test.

Animal-protection activists have been battling the Navy on this issue for several years with no great success; the Navy has until now taken refuge behind the veil of military secrecy and the assertion that there is no scientific evidence that the high-decibel emissions harm whales. With the technology now, in the Navy’s estimation, ready to go from R&D to full deployment, permits are needed from the National Marine Fisheries Service and it has become a public matter.

A matter NMFS has not handled particularly well so far. Public hearings held this spring left not just activists but also members of Congress upset at the agency’s aloof attitude, evidenced by both the failure of top decision-makers to attend and the reported open smirking by the mid-level staffers who did. Maine saw this unfortunate behavior first-hand during the NMFS hearings a few years ago on the impact of lobster gear upon whales and it is behavior that must cease.

NMFS was created more than a century ago to foster the nation’s fishing industry. In the last quarter century, it has found itself in the unfamiliar position of environmental regulator, particularly as the primary enforcer of the Marine Mammal Protection Act, and it still struggles with the transition. With that extremely important law up for reauthorization this year, a congressional review of the agency itself is in order. In the meantime, NMFS should further extend the comment period on the Navy’s active sonar and hold additional public hearings – this time with sincerity.

Staff of Maine’s congressional delegation meets today with Navy officials. The Navy says it has sonar already deployed that provides more than ample protection, it already voluntarily restricts the active sonar volume and now it is proceeding with more testing on the technology’s effect upon whales. This willingness to meet and to acknowledge valid concerns is a welcome change and should be encouraged. It is a change that NMFS would do well to emulate.