News Room

Bush Administration Declares War on Whales

Navy Pushing For Exemptions from Marine Mammal Protection Act
Submitted by International Marine Mammal Project
March 12, 2003

San Francisco, CA~ Earth Island Institute's International Marine Mammal Project and Seaflow have denounced a new effort in Congress by the Navy and the Bush Administration to seriously weaken the Marine Mammal Protection Act (MMPA), supposedly for "national defense." The MMPA protects whales and other marine mammals from harm, but the Bush Administration is hiding extensive Navy exemptions from the law in the National Defense Authorization Act, a funding bill for the Dept. of Defense unrelated to environmental law. Additional amendments would gut the Endangered Species Act, Clean Air Act, and other key environmental laws. The Bush Administration is ignoring existing provisions that resolve, on a case-by-case basis, any potential conflicts.

"The proposed Bush Administration 2004 Defense Authorization Bill," states Mark J. Palmer, Assistant Director of the Earth Island International Marine Mammal Project, "is the most egregious assault in history on the integrity of the Marine Mammal Protection Act (MMPA) and the world's whales, dolphins and seals it protects. In most cases, the military can resolve problems of environmental concern under existing law, but this Bush Administration proposal would simply exempt the Navy and other services completely from major environmental laws, with dire effects on the world's oceans."

Michael Stocker, Bio-Acoustician and member of Seaflow's Board of Directors, states: "While the legislation has direct effects on marine mammals, the resulting Navy actions will also result in severe harm to fisheries, other marine life, and marine ecosystems. If Congress goes along with this proposal, Navy activities including use of underwater explosives, loud active sonars, and other actions that harm marine mammals and other marine life will no longer be restricted to protect the environment."

The Navy proposes to gut the MMPA in four principal ways:

(1) The proposed bill would WEAKEN the definition of "harassment" of marine mammals in the MMPA;
(2) The bill proposes a process for exempting actions of the Navy for "military training." This "alternative track" for approving Navy training with Low Frequency Active (LFA) Sonar and other active sonars, as well as bombing practice and use of underwater explosives, will exempt the Navy against active enforcement of current MMPA restrictions for protection of marine mammals throughout all oceans;
(3) The proposed bill further allows the Secretary of Defense to grant the Navy exemptions for ANY ACTIVITY with a "defense purpose" from provisions of the MMPA; and
(4) The proposed amendments would further eliminate current MMPA permit restrictions that limit "take" (e.g. any harassment, killing, injuring, etc.) of marine mammals to "small numbers" and "limited geographic areas," issues which are the subject of current environmental lawsuits against the Navy's active sonar program, including the controversial LFA Sonar.

The legislation is on a fast track in Congress, with hearings scheduled in both the House and Senate Armed Services Committees tomorrow in Washington DC. The National Defense Authorization Bill is intended to set budget levels for the Department of Defense in the coming fiscal year.

A similar effort in 2002 was defeated in Congress, but the Pentagon is banking on public fears about war and terrorism along with a Republican majority in Congress to gut environmental laws. The result, environmentalists contend, will be a global war on whales and the marine environments that require protection.

"If the Department of Defense is successful in gaining exemptions to environmental laws," states Michael Stocker of Seaflow, "we can be sure that industry groups and polluters will be asking Congress to exempt them as well. This is a zero-sum game that threatens thirty years of environmental progress in America."

The House Armed Services Subcommittee on Readiness will meet at 10:30AM in Room RH-2118 in Washington DC on Thursday, March 13th. The Senate Armed Services Subcommittee on Readiness and Management Support will also meet at 2PM on Thursday in Room SH-216. Few environmentalists were invited to testify at these critical hearings, which will shape the future debate in Congress.

"Congress must stand up to the Bush Administration's war on whales," concluded Mark J. Palmer of Earth Island. "We strongly believe that our national security is dependent on healthy oceans to support us. We cannot allow the Pentagon to use fear to stampede a wholesale repeal of the environmental laws that protect whales, dolphins, and seals."

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Earth Island Institute is a nonprofit educational organization dedicated to protecting the diversity of life on Earth. The International Marine Mammal Project works to protect whales, dolphins and other marine mammals around the world.

Seaflow is a grassroots organization focusing on human-generated noise in the sea and its impact on all ocean life, including marine mammals and ocean fisheries. Our current focus is stopping Low Frequency Active (LFA) Sonar, which broadcasts one of the loudest noises ever created by humans throughout the oceans.

For more information contact:
Mark J. Palmer, Earth Island Institute (415) 788-3666 x139
Michael Stocker, Science Advisor, Seaflow (415) 488-0553