WEST HAWAII TODAY | TUESDAY, SEPTEMBER 15, 2015 - page 5

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5A
WEST HAWAII TODAY | TUESDAY, SEPTEMBER 15, 2015
FROM PAGE ONE
disrupt feeding and commu-
nication of marine mammals,
and it can cause deafness or
death at a closer distance,
Henkin said. Four dolphins
died in 2011 in San Diego
when they got too close to an
explosives training exercise,
he said.
The Navy’s plans esti-
mate it could inadvertently
kill 155 whales and dolphins
off Hawaii and Southern
California, mostly from
explosives. It estimated it
could cause more than 11,000
serious injuries off the East
Coast and 2,000 off Hawaii
and Southern California.
Lt. Cmdr. Matt Knight, a
U.S. Pacific Fleet spokesman,
said the settlement preserves
key testing and training.
“Recognizing our environ-
mental responsibilities, the
Navy has been, and will con-
tinue to be, good environmen-
tal stewards as we prepare for
and conduct missions in sup-
port of our national security,”
Knight said.
Under the agreement, the
Navy cannot use sonar in
Southern California habitat
for beaked whales between
Santa Catalina Island and
San Nicolas Island. Sonar
also is not allowed in blue
whale feeding areas near San
Diego, according to the envi-
ronmental groups.
In Hawaii, the deal pro-
hibits sonar and explosives
training on the eastern side
of the Big Island and north
of Molokai and Maui. The
groups said that will protect
Hawaiian monk seals and
small populations of toothed
whales, including the endan-
gered false killer whale.
The Navy also won’t be able
to exceed a set number of
major training exercises in
the channel between Maui
and the Big Island and on
the western side of the Big
Island.
“The goal of the settlement
is to try to reduce as much
as we can through an agree-
ment with the Navy,” Henkin
said. “By establishing some
safe havens … the hope is to
bring down those estimated
numbers of injury and death.”
The agreement also says
that if there are injuries or
deaths, there will be a swift
review by the National
Marine Fisheries Service,
which approved the Navy’s
plans, Henkin said.
The settlement comes
after Earthjustice and other
environmental groups sued
in 2013, challenging the
fisheries service’s decision to
allow the training. Additional
environmental groups later
filed a similar lawsuit in San
Francisco. The two cases were
consolidated in Hawaii, and
the deal resolves both.
The Natural Resources
Defense Council, which was
also part of the legal battle,
said it will continue fighting
sonar use in the Navy’s other
training areas, such as off the
Pacific Northwest, in the Gulf
of Alaska and off northern
Florida.
U.S. District Court Judge
Susan Oki Mollway ruled in
March that the fisheries ser-
vice violated environmental
laws when it approved the
Navy’s plans. The military
branch, she said, also failed
to take a hard look at alter-
natives such as training in
different areas or at differ-
ent times to avoid potential-
ly harming dolphins, whales
and other species.
After the ruling, the Navy
“faced the real possibility that
the court would stop critically
important training and test-
ing,” said Knight, of the U.S.
Pacific Fleet.
The ruling set the stage for
settlement talks, Henkin said.
NAVY:
Settlement preserves
key testing, training
CONTINUED FROM PAGE 1A
agricultural policy.”
Bronster is scheduled to
address the group at 10:45 a.m.
today on “Local Jurisdictional
Challenges Facing Agriculture.”
She did not return phone mes-
sages Friday or Monday for
comment.
Those “jurisdictional chal-
lenges” are at the heart of law-
suits biotechnology and agri-
cultural interests have filed
against Maui, Kauai and Hawaii
counties.
Hawaii County’s lawsuit cen-
ters around its 2013 ordinance
that bans growing GMO crops in
open-air conditions, with some
exceptions. Papaya and corn
already growing on the island,
as well as scientific study in
greenhouses and other enclosed
settings, were exempted by the
county ordinance. The law is
on hold after U.S. Magistrate
Judge Barry Kurren invalidated
the county’s partial GMO ban
in a Nov. 27 order, saying state
law pre-empts county law on
the issue.
Hawaii County has appealed
to the Ninth Circuit Court of
Appeals and enlisted the help of
attorneys from national groups
Earthjustice and the Center for
Food Safety.
“The district court erred by
concluding that Hawaii law
impliedly pre-empts Hawaii
County Ordinance 13-121’s pro-
visions regulating planting of
genetically engineered crops,
where Hawaii has never enacted
any law regulating that subject
matter, no legislative history
indicates the Hawaii Legislature
ever intended to do so, noHawaii
administrative agency has ever
promulgated any regulation
doing so and Hawaii County has
a constitutional duty to protect
the public trust,” attorneys for
the county said in an May 4
court filing.
The agriculture interests
challenging the ordinance
include Hawaii Papaya Industry
Association, Big Island Banana
Growers Association, Hawaii
Cattlemen’s Council Inc.,
Pacific Floral Exchange Inc.,
Richard Ha, Jason Moniz,
Gordon Inouye, Eric Tanouye
and Hawaii Floriculture and
Nursery Association. They’ve
beenjoinedbytheBiotechnology
Industry Organization, which
bills itself as the world’s largest
trade association representing
biotechnology companies, aca-
demic institutions, state bio-
technology centers and related
organizations across the United
States and in more than 30
other nations.
“The county tried to short-cir-
cuit the process by taking mat-
ters into its own hands. But the
county lacks both the expertise
and the authority to regulate
GE crops and plants,” attorneys
for that side said in an Aug. 5
court filing. “As the district court
recognized, state and federal law
leave no regulatory gap to be
filled at the county level, and
thus the ordinance is pre-empt-
ed in its entirety.”
Once the final brief is filed, it
generally takes the Ninth Circuit
Court of Appeals about a year
to schedule oral arguments,
Paul H. Achitoff, attorney for
Earthjustice Legal Defense
Fund, said Friday. It’s not known
how long after that it will take
for a ruling to come down.
GMO:
Three counties facing lawsuits over issue
CONTINUED FROM PAGE 1A
Genetically modified corn
grows in an open field.
COURTESY PHOTO
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