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Updated: 3/12/08


Navy Asks Judge to Clarify Whale Rules

by Audrey McAvoy

HONOLULU (AP) — The Navy on Tuesday asked a federal judge to clarify and modify an injunction placing restrictions on the service's use of sonar in Hawaii waters.

The U.S. Pacific Fleet said in a statement that it will go ahead with planned anti-submarine warfare exercises this month in accordance with an order issued late last month by U.S. District Judge David Ezra.

Officials will then determine whether to seek additional clarifications and modifications.

"If we determine the restrictions impede our ability to conduct realistic training and assessment, the Navy will report these concerns back to Judge Ezra and ask for necessary relief," said Capt. Scott Gureck, U.S. Pacific Fleet spokesman.

Ezra's injunction says the Navy cannot conduct exercises within 12 nautical miles, or 13.8 miles, of Hawaii's shoreline. That's where species that are particularly sensitive to sonar, such as the beaked whale, are found.

He also ruled the Navy must look for marine mammals for one hour each day before using sonar and employ three lookouts exclusively to spot the animals during sonar use.

The Navy faces a similar order in California, where a U.S. District Court judge in January issued an injunction creating a 12 nautical-mile no-sonar zone off Southern California.


Click here to read the complete story on the Associated Press.

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