Posted on October 15, 2015 by animalblawg
Charles T. Jordan
A settlement has been reached that will provide whales and dolphins some peace and quiet in the waters around Hawaii and Southern California. The US Navy, on September 14, agreed to curb its use of sonar in these waters in order to prevent harming whales, dolphins, and other marine mammals.
Studies have sh own that whales and dolphins use their ears to navigate and survive in their habitat. However, this has gotten more difficult due to the immense quantities of noise in our waters. One particularly devastating source of noise is sonar. Vessels use sonar to detect dangers in the water to prevent collision. Sonar systems send out a high pitched and far ranging sound waves which have been shown to be harmful to marine mammals. The Navy, in its own five year Pacific weapons testing and training plan, estimated that marine mammals would be effected nearly 9.6 million times during high-intensity sonar exercises and weapons detonations. Injuries to the animals include ruptured eardrums and temporary hearing loss which in turn affects the animal’s normal behavior patterns; resulting in stranding, habitat avoidance and abandonment, and even death.
For many years a number of environmental groups (including the NRDC, Earthjustice, and Greenpeace) have been fighting the Navy and National Marine Fisheries Service (NFMS) in order to protect marine mammals from sonar interferences. Most recently in Conservation Council for Hawaii v. National Marine Fisheries Service, the plaintiffs sued NFMS to enforce the Navy’s five year training and testing plan in Hawaii and Southern California. On September 14 a settlement was reached, in which the Navy agreed to limit the use of sonar in the waters. These limits include; maintaining safe distances from mammals, limited number of sonar and weapon training and testing within certain areas near southern California (map 1), and prohibiting sonar and weapon training and testing in areas near Hawaii (map 2).
While this settlement represents a significant win for these marine mammals, and will certain do a lot to insure their survival, Continue reading
Filed under: ABA-TIPS Animal Law Committee, environmental law | Tagged: animal law, environmental law, marine mammals, navy sonar | 1 Comment »
Posted on October 25, 2012 by David
Dozens of protesters crashed through the gates of an Ontario theme park on Oct 7th railing against its treatment of marine life and managed to shut down a dolphin show at Marineland in Niagara Falls. Dylan Powell of the group Marineland Animal DefenSe, which organized the protest, says that the group is dedicated to ending animal captivity and is determined to shut down Marineland for good (Marineland closed for the season that weekend). Continue reading
Filed under: animal cruelty, animal ethics, exotic animals | Tagged: animal abuse, animal cruelty, animal ethics, animal suffering, animal welfare, marine mammals, Marineland, The Cove | 3 Comments »
Posted on January 31, 2012 by David
Does the United States still conscript people into the military? Yes—the case of military dolphins
Both from a strategic and moral standpoint, it is no surprise that when military action is contemplated, governments tend to favor effective tactics involving the least risk to human lives. Even better are effective tactics involving low risk to all human lives. If the goal of the military action is justified, what could be morally problematic with using such means? These widely held notions likely motivated the U.S. Navy’s recent contemplated use of military dolphins in the ongoing conflict between Iran and United States.
As reported in the New York Times, Iran has threatened to block the Strait of Hormuz, a crucially strategic waterway where 16 million barrels of oil flow through every day, and it can do so in relatively short time by deploying mines. U.S. governmental officials warned that Iran’s threat, if carried out, would cross a “red line” provoking a military response. Should the situation escalate to that point, the U.S. military would need to deal with the problem of how to detect (and then destroy) the mines, for which there is a time tested solution: mine-detecting dolphins. Once detected, the job of destroying the mines falls to human divers. Nonetheless, even though military dolphins operate only in a secondary role, the risk of harm to them is very real; they could accidentally set off live mines and, more seriously, prompt the Iranians to intentionally target them and other dolphins in the area. Still, is there a moral problem here? In addition to the strategic merits of the tactic, wouldn’t the very low risk to humans fully justify using dolphins in this way? Continue reading
Filed under: animal ethics, animal law | Tagged: animal advocacy, animal ethics, animal law, animal rights, animal welfare, dolphins, marine mammals, military dolphins, mine-detecting dolphins | 7 Comments »
Posted on November 29, 2010 by David
According to the Oregon Department of Fish and Wildlife, since 2008 40 California Sea Lions have been removed from the Bonneville Dam area (which straddles the Columbia River between Oregon and Washington.) 25 of these sea lions were euthanized, 10 were given to aquariums and 5 were captured and subsequently died (of unspecified causes.) Why was such a charismatic species being systematically removed from the area? The sea lions feed on spring chinook salmon and steelhead when the fish become stymied by the Dam and such action was needed, the agency claimed, to protect the endangered and threatened fish runs. Apparently, however, NMFS determined that only those sea lions that were “persistent offenders” and were caught repeatedly eating salmon or steelhead deserved the “removal” sentence, and as of March 2010, the agency had a list of 64 sea lions eligible to be euthanized for such behavior. Continue reading
Filed under: animal advocacy, animal law, endangered species, environmental law, marine animals | Tagged: animal advocacy, animal ethics, animal law, animal rights, animal welfare, Bonneville Dam, endangered species, Endangered Species Act, environmental advocacy, environmental ethics, environmental law, Humane Society, Marine Mammal Protection Act, marine mammals, NMFS, Oregon, Oregon Department of Fish and Wildlife, sea lions, Washington | Leave a comment »
Posted on August 18, 2010 by David
Hey you litigators, here’s a good looking job:
The Humane Society of the United States (HSUS) seeks an attorney with at least one year of relevant legal experience for a Staff Attorney position within the Animal Protection Litigation Section in our Washington, DC office.
The Animal Protection Litigation Section at The HSUS conducts precedent-setting legal campaigns on behalf of animals in state and federal courts around the country, and also serves as the primary line of defense against legal attacks on legislative measures designed to protect animals from cruelty and abuse. With a team of over a dozen in-house litigators, numerous outside attorneys, and a docket of more than forty active cases, the Animal Protection Litigation Section oversees the largest litigation program dedicated to ensuring the humane treatment of animals in the country. More information is available at www.humanesociety.org/about/departments/litigation/.
General Description: The Staff Attorney will work with some of the nation’s leading animal protection lawyers on all aspects of the organization’s animal protection litigation efforts. The Staff Attorney will serve as lead and co-counsel in a variety of state and federal court actions, primarily including actions to protect threatened and endangered species, marine mammals, migratory birds, and other wildlife, and also actions to improve the treatment of captive animals such as those used in traveling shows and other exhibitions, animal fighting ventures, medical research and other experimentation, puppy mills, and factory farms. Continue reading
Filed under: animal advocacy, animal law, environmental law | Tagged: animal abuse, animal advocacy, animal cruelty, animal experimentation, animal fighting, animal law, animal litigation, animal suffering, animal welfare, captive animals, endangered species, environmental advocacy, environmental law, factory farms, HSUS, HSUS Animal Protection Litigation Section, Humane Society of the United States, industrial farming, marine mammals, migratory birds, puppy mills, vivisection | 1 Comment »
Posted on March 11, 2010 by David
The Hump, a chic Japanese restaurant in Santa Monica, served sushi made from the flesh of the endangered sei whale to customers willing to fork over the appropriate dough. Two patrons went to the restaurant with an undercover film crew and, after racking up a $600 tab, requested whale meat. The chef served it up — it was even identified as such on their tab. The patrons (and their film crew, who were acting at the behest of Louie Psihoyos, Oscar-winning director of The Cove) smuggled some flesh out of the restaurant, where they had it genetically tested. Continue reading
Filed under: Uncategorized | Tagged: endangered species, Endangered Species Act, Louie Psihoyos, Marine Mammal Protection Act, marine mammals, National Oceanic and Atmospheric Administration, NOAA, sei whale, sushi, The Cove, whale meat, whale meat sushi, whales | 2 Comments »
Posted on January 3, 2010 by David
This article discusses some recent scientific findings about the intelligence of dolphins and their ability to communicate and learn. The researchers conclude that “it is morally unacceptable to keep such intelligent animals in amusement parks or to kill them for food or by accident when fishing.”
That’s nice, of course, but one wonders how many more such studies will be required before the obvious becomes too blatant to ignore. Quite a few, apparently, if the comments to the piece are any barometer. My personal favorite: Continue reading
Filed under: animal ethics, animal welfare, environmental ethics, marine animals | Tagged: animal abuse, animal advocacy, animal cruelty, animal ethics, animal rights, animal suffering, animal welfare, dolphins, environmental advocacy, environmental ethics, environmentalism, marine mammals | 3 Comments »