Fighting for the Rights of Southern Resident Orcas

By Will Falk and Sean Butler / Voices for Biodiversity

On December 18, 2018, the Center for Biological Diversity and the Wild Fish Conservancy threatened the Trump administration with a lawsuit under the Endangered Species Act (ESA) for allowing salmon fisheries to take too many salmon, which the critically endangered Southern Resident orcas depend on for food.

The impulse to protect the orcas is a good one. Southern Resident orcas are struggling to survive — only 75 remain. According to the statement by the Center for Biological Diversity and Wild Fish Conservancy, “The primary threats to Southern Resident killer whales are starvation from lack of adequate prey (predominantly Chinook salmon), vessel noise …that interferes with … foraging … and toxic contaminants that bioaccumulate in the orcas’ fat.”

You probably assume, when reading that list of primary threats to the orcas, that the threatened lawsuit would demand an end to these harmful activities. But it doesn’t. Instead, the organizations are merely asking the National Marine Fisheries Service — the agency responsible for issuing permits to Pacific coast fisheries — to deal with alleged violations of the ESA.

The Center for Biological Diversity and the Wild Fish Conservancy aren’t asking that activities harmful to Chinook salmon, and consequently to the Southern Resident orcas, be stopped. They aren’t asking for noisy vessels that disturb the whales’ foraging behaviors to be prohibited. They aren’t even asking for an end to the toxic contaminants that accumulate in the whales’ fat.

Why aren’t they asking for any of these things? Because under American law they aren’t allowed to ask for them.

All they are asking is that these harmful activities receive the proper permits.

Right now, laws like the Endangered Species Act are the main legal means for protecting threatened species and habitat in the United States. But these laws only allow us to challenge permit applications and ask that projects complete the permit process.

While it may hard to believe, these permits are designed to give permission to cause harm. Regulatory agencies only regulate the amount of harm that takes place. They do not, and cannot, stop ecocide. Instead they allow for softer, sometimes slower versions of ecocide.

To understand this, it helps to know a bit about how the Endangered Species Act actually works. The Act prohibits any person, including any federal agency, from “taking” an endangered species without proper authorization. “Take” is defined as: “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.”

You might expect that the Act completely prohibits any activity that “takes” an endangered species. But it doesn’t. Under the Act, federal agencies may harm members of an endangered species as long as the activity is “not likely to jeopardize the continued existence of any endangered species.”

While that may sound more promising, it isn’t. When a proposed action is likely to jeopardize an endangered species, the agency can then issue an Incidental Take Statement (ITS), which merely sets a limit on the number of individuals of an endangered species that can be taken.

In other words, a species that has already endured so much destruction can legally be further harmed if that harm is in compliance with certain terms and the correct forms are filled out.

So an ITS allows a federal agency to harm endangered species. But there are also Incidental Take Permits (ITPs). These allow private entities to harm endangered species. All a private entity needs to do to get an ITP is create a plan that purportedly minimizes and mitigates harm to an endangered species.

The irony is not lost on Professor J.B. Ruhl, who describes the situation in his aptly-titled law review article, “How to Kill Endangered Species, Legally”:

“Rather, when we strip away its noble purpose… at bottom the ESA is little different from the modern pollution control statutes which broadly prohibit a defined activity with one hand, then with the other hand give back authority to do the same activity under regulated conditions.”

In the original 1973 version of the Endangered Species Act, ITS and ITP exemptions did not exist. They are the result of amendments passed by Congress in 1982 to undermine several pro-environmental Supreme Court decisions that interpreted the Act as broadly protecting endangered species. Those amendments are a powerful and dangerous loophole.

In a 2011 report, a trial attorney with the Environmental Crimes Section of the U.S. Department of Justice, Patrick Duggan, found that ITPs are being issued at alarming rates — and with ever-broader scopes. “In the first decade after the 1982 Amendments, there were 14 ITPs issued, by August 1996, there were 179, and by April 2010, there were 946 approved by the U.S. Fish and Wildlife Service (FWS) alone.” Even FWS has acknowledged this trend of permissiveness, recently noting how the number of approved plans has “exploded.”

Most people mistakenly believe that regulations are being enforced by regulatory agencies. They’re not. Some environmental lawyers call this the “regulatory fallacy.” Not surprisingly, this drains focus from potentially more effective tactics by funneling it into a belief that government agencies will actually protect people and natural communities by denying permits.

The system isn’t working — and it’s very unlikely that it will protect the critically endangered Southern Resident orcas. But why doesn’t it work?

To begin to understand why the Endangered Species Act is failing, it’s helpful to acknowledge perhaps the most fundamental assumption of the Act and all similar pollution control statutes, as Professor Ruhl calls them. That assumption is that we have an inalienable right to use the natural world for our own purposes.

The answer to the regulatory fallacy, then, is to turn this on its head. If we truly want to protect endangered species like the Southern Resident orcas, our laws cannot treat them and their essential food source as objects or property. Instead, we must acknowledge their inherent rights to exist, and create laws that uphold and enforce those rights. True sustainability requires transforming the status of nature from a legal object to a rights-bearing subject.

This transformation begins with granting nature the legal right to challenge the conduct of someone else in court. As Supreme Court Justice William O. Douglas wrote in his famous 1972 dissent in Sierra Club v. Morton, this “would be simplified and also put neatly in focus if we fashioned a federal rule that allowed environmental issues to be litigated before federal agencies or federal courts in the name of the inanimate object about to be despoiled, defaced, or invaded by roads and bulldozers…”

In the US, the rights-based approach has been pioneered by the Community Environmental Legal Defense Fund (CELDF), a nonprofit, public interest law firm. Since 2006, CELDF has helped dozens of communities in ten states enact rights of nature laws. Their model uses a “Community Bill of Rights,” which declares that citizens of the city or county have a right to clean air, clean water, etc., and that the natural communities within its borders have a right to exist, flourish, regenerate and naturally evolve. Natural communities are specifically granted legal standing and citizens are empowered to bring lawsuits to enforce these rights. This is similar to the way guardians represent children in court.

Southern Resident orcas range from as far south as California and along the coasts of Oregon and Washington. If the communities along the West Coast had rights of nature laws, they could now bring a lawsuit on behalf of the Southern Resident orcas, with claims that fishery practices, dams, shipping activities and pollution violate the whales’ rights to exist, flourish, regenerate and naturally evolve. They could ask the courts to completely ban harmful fishery practices in order to protect the rights of nature, and to order those responsible for harm to pay for the regeneration of the natural community. They could seek this relief from the courts because the fundamental rights of the ocean and its residents are being violated.

What’s more, because the plaintiff in such a lawsuit would be a whole population of salmon or whales, or even an entire ecosystem like the Salish Sea, the damages awarded would be measured according to the losses suffered by the natural communities themselves. And any award of damages would go toward the restoration of those communities, rather than to human plaintiffs who might not use it to benefit the ecosystem that has been damaged.

“We’d be having very different conversations and much more effective results if we approached recovery with the orcas’ best interests in mind,” says Elizabeth M. Dunne, Esq., who is part of a coalition that helped draft the Declaration for the Rights of the Southern Resident Orcas, led by the grassroots community group, Legal Rights for the Salish Sea. Dunne explains that, “by signing the Declaration, we want people, organizations and governments to recognize that the Southern Residents’ have inherent rights, to recognize that we have a responsibility to protect those rights, and to commit to taking concrete actions to protect and advance those rights.”

Environmentalists who engage within today’s regulatory framework and rights of nature proponents begin in the same place. They both want to protect the natural world. But the way they frame the issue could not be more different. Environmentalists who rely on regulatory laws frame the issue as one of improperly prepared reports or how many parts per million of toxins may permissibly be released into water supplies. For example, the Center for Biological Diversity and Wild Fish Conservancy want to protect the Southern Resident orcas, but all they can ask for under the ESA is that the responsible federal agency “reinitiate and complete consultation on the Pacific Coast salmon fisheries” with new scientific information.

Rights of nature proponents, on the other hand, affirm nonhumans’ value as subjective beings, framing the issue in terms of whether a proposed action violates their fundamental rights. Though we cannot put an orca on the witness stand to testify about the impacts that the National Marine Fisheries Service’s plan has on her species, empowering humans to speak for her through enforcement of her legal rights brings nature’s voice directly into the courtroom.

Originally listed as endangered in 2005, Southern Resident orca numbers have continued to decline. The Center for Biological Diversity reports that the population is at its lowest point in 34 years. And, “In 2014, a population viability study estimated that under status quo conditions, the Southern Resident killer whales…would reach an expected population size of 75 in one generation (or by 2036).” Instead, it was just four years later that the Southern Resident orca population stood at 75.

In the end, the only measure of success in this case should be the whales’ recovery. The people of Washington aren’t concerned that regulations haven’t been followed— we’re concerned that our neighbors, the Southern Resident orcas, are starving. We’re horrified that these beautiful animals’ right to life is not being respected and that their ecosystem is being destroyed. And we’re outraged because deep down we believe that the natural world does have inherent value — and therefore inherent rights.

It’s time to stop begging for regulatory table scraps. It’s time to have the courage of our convictions and create new laws that recognize the inherent rights of the Southern Resident orcas and the Salish Sea as a whole to exist, flourish and evolve.

Dahr Jamail interviewed by Derrick Jensen about US Navy’s Northern Edge

This interview was conducted by Derrick Jensen for his Resistance Radio series. Find options to listen to this interview, or any in the series, at the Resistance Radio archive.

Dahr Jamail is an award winning journalist and author who is a full-time staff reporter for Truthout.org. His work is currently focusing on Anthropogenic Climate Disruption. We discuss the harm caused by massive military maneuvers off of Alaska.

Derrick Jensen: Something terrible is happening off the coast of Alaska. Can you tell me about that?

Dahr Jamail: The Navy is poised to begin what they call Northern Edge, a huge, joint exercise they’re doing in conjunction with the Air Force, Marines and Army. The Navy’s aspect is going to focus in a huge area – over 8,000 square nautical miles, off the coast of Alaska, between Cordova and Kodiak. In this giant rectangle they’re permitted to conduct active and passive sonar, weapons testing, and live-fire exercises, including bombs, missiles, bullets and torpedoes. It starts June 15th and continues for at least two weeks. They’re permitted to continue doing this year after year. Plans are in the works for them to request permits up to 2030.

What’s really troubling about this, aside from the obvious, is that the area in question is critical habitat for all five Alaska salmon species, as well as almost a dozen whale species, including the highly endangered North Pacific Right Whale, of which there are only about 30 left. It also includes dolphins and sea lions and hundreds of other marine species in the area. There are a dozen native tribes living along coastal Alaska who are going to be directly impacted by their subsistence living being damaged and poisoned: destroyed. Some of those tribes include the Eskimo, the Eyak, the Athabaskans, Tlingit, and the Shungnak and Aleut tribes,

There have been and continue to be uprisings in the communities in coastal Alaska against this. For example, the cities of both Kodiak and Cordova have passed resolutions opposing the Navy’s plans, but the Navy has basically thumbed their noses at these voices of protest and are loading up their bombs.

D.J.: How is this going to harm the creatures who live there?

Dahr J.: The Navy is permitted to release as much as 352,000 pounds of what they call ‘expended material’ every year. That includes the live munitions that I mentioned ― missiles, bombs, torpedoes, etc. ― but also other types of things that will be released into the marine environment. Just by way of example, one of the propellants in one of the missiles and torpedoes they want to use contains cyanide. The EPA’s ‘allowable’ limit of cyanide is one part per billion, and the type of cyanide in the Navy torpedo is going to be introducing cyanide into the waters of Alaska in the range of 140 to 150 parts per billion.

Other impacts include ‘takes’, which are basically a military bureaucratic way of covering over a death. The Navy’s own Environmental Impact Statement estimates that over the five-year period that their war games are going to be conducted, there will be over 182,000 takes.

There are two ways they’ll be killing marine mammals. First is direct impact of them literally being exploded by bombs or shot by bullets or internally hemorrhaged by massive sonar. Secondarily, essential behaviors will be disrupted like surfacing or having babies or nursing.

Over a dozen large ships will be roaming the area, preventing fisherfolks from using it. Natives relying on that area for subsistence fishing and living will not be able to carry that out.

D.J.: You mentioned sonar. Can you talk more about that?

Dahr J.: It’s not your average sonar that a transport vessel or a fisherperson might use to navigate or to track the depth of the water. We’re talking about weapons grade sonar. The Navy regularly conducts underwater sonar weapons testing. They’re developing different types of sonar that they’ve weaponized to use to knock out communications and electronics, and I think they’re aiming towards killing humans in Navy vessels from other countries.

The NRDC won a lawsuit against the Navy down off Southern California for using this type of sonar. They showed the Navy was knowingly, deleteriously impacting over nine million different marine biota ― fish, whales, etc. ― by the use of this sonar. There are well-documented cases around the globe of pods of whales, dolphins, etc., that get hit by this sonar, and then these mammals wash up on the shore. A lot of times you’ll see their ear drums are exploded and it causes internal hemorrhaging. There have been cases of dolphins washing up, literally with blood coming out of their heads because they happened to have been where the Navy is using this type of weapons grade sonar.

To be clear, this sonar is powerful enough to literally explode the eardrums of whales and dolphins. That is how these mammals communicate; that is how they navigate; having that ability destroyed or compromised in any way basically means these mammals are going to die. And when the Navy is using it in a way that literally explodes their internal organs to the point where blood is coming out of their head that gives you an idea of how powerful it is.

D.J.: Here is something I wrote in Endgame about a National Science Foundation ship that was using air guns to fire sonic blasts of up to 260 dB, to use for mapping the ocean floor: “Damage to human hearing begins at 85 dB, a police siren at 30 meters is 100 dB. And decibels are logarithmic, meaning that every 10 dB increase translates to ten times more intensity. And sounds ― because human perception is also logarithmic ― twice as loud.

So what that means is that the blast from those research vessels was ten quadrillion times more intense than a siren at 30 meters, and would sound to humans 16,384 times as loud. The sound of a jet taking off at 600 meters is 110 dB, a rock concert is 120 dB, and whales and other creatures are subjected to sounds 100 trillion times more intense than that. The threshold at which humans die from sound is 160dB.”

Dahr J.: That gives people an idea of what we’re talking about: the military developing sound to use it as a weapon. As though the oceans aren’t already suffering enough, from the extreme amount of plastic pollution you’ve written and talked about for decades that’s now insidious around all the oceans on the planet, to acidification from rising temperatures.

And now on top of that, the military decides to go and use bombs and use sound weapons up in some of the most pristine waters on the planet outside of Antarctica. Bear in mind, these waters are at the end of an undersea current that is an upwelling, and this water is a thousand years old. This is why Alaska salmon are so prized, because they are a clean fish, they’re pure, and the Alaska salmon brand relies on it. Not to commercialize this, but it’s important to think about in regards to the people in Alaska relying so heavily on the salmon for both subsistence and to earn a living up there. All of that is being compromised.

The Navy’s action is creating some interesting collaborations between people across the political spectrum that normally wouldn’t mix.

D.J.: Leaving aside this culture’s death urge, why is the military doing this? What is their rationale?

Dahr J.: I mentioned in my article, Destroying What Remains: How the US Navy Plans to War Game the Arctic, that the Navy is increasingly focused on possible climate change wars up in the melting waters of the Arctic. In that context, it has no intentions of caretaking the environment when conducting its military exercises.

This connection was made amazingly clear to me in the course of writing this piece. I was in Alaska getting the ground data for this story, doing interviews. I went to Cordova, went over to Kodiak, passed through Anchorage, talking to people all along the way, and then I came back home to Washington State to write.

I live on Puget Sound, right on the Strait of Juan de Fuca. I’m writing this story about the impending Naval exercise up in the Gulf of Alaska, the largest of its kind in the more than 30 years the Navy has been doing them in that area. Meanwhile, about two miles from my house, out on the Strait of Juan de Fuca, Shell is bringing their giant drilling rig over to the port of Seattle where it’s going to tie up. So we have the military exercises at the same time they’re positioning these rigs in Seattle, getting them ready to take up to Alaska to start drilling.

It doesn’t take a genius to see the writing on the wall as to the timings of these. It’s not a coincidence. The Navy is getting ready to protect so-called US interests to go up into the Arctic. They’re racing Russia; they’re racing Scandinavian countries. Basically anyone who has any kind of border with the Arctic is in full preparation to go up there, in a race for what’s left, to try to tap into the oil that’s been inaccessible under the ice.

Over a year ago I wrote about the Navy conducting their own study and estimating we would see ice-free periods in the summer in the Arctic starting by 2016. A couple of weeks ago, the current satellite data mapping Arctic ice, both in extent and volume, showed Arctic ice at its lowest volume on record. So it’s certainly possible that by late summer of 2016, meaning late August, early September, we’ll see ice-free periods.

So that’s the context in which all of this is happening. The military is getting ready. That’s why there’s this massive uptick in war-gaming across the entire country ― not just the Navy, but on land, the Air Force is doing things, the Marines are doing things ― because the military is positioning itself for potential war against Russia and China, but also, the race for the Arctic resources is clearly very high on their agenda.

D.J.: This is a great example of something I’ve long thought: that this culture will not have a voluntary transformation to a sane and sustainable way of living. Instead of being horrified that the Arctic will soon be ice-free, they are looking at it with what can only be deemed ‘lust’ for the resources that will be made available. I find it impossible to express through words the disgust, contempt, and hatred that that makes me feel.

Dahr J.: One reason I wanted to do this article was that I lived up in Anchorage for ten years. That’s where I was living when the Iraq war broke out, and my work as a journalist is ultimately what brought me to move out of Alaska. But I love the state, meaning I love the nature there, and I loved going into the mountains and camping and climbing, and going out on boats with people into the waters. I reveled in the powerful natural beauty of the state. And of course, that includes the oceans and the marine mammals. When I learned of the Navy’s plans, I wanted to go up there and report on it, kind of out of a protective urge for this place that is so close to my heart. And when I was up there working on this story and talking to all these people who were going to be impacted by these Navy exercises, I felt that same kind of anger.

Or maybe first I just felt mystified: not only are we going off the cliff as a species, because of the industrial growth society and what it’s done to the planet and what it’s doing and continues to do, but we’re accelerating! The planet is showing us every distress signal it possibly can; we’re watching huge parts of the ecosystem die, increasingly vast numbers of species go extinct, even more and more public awareness of the possibility of our own species rendering itself extinct; but instead of taking a precautionary approach, slowing down, pausing a minute to think that maybe what we’re doing isn’t the best thing, it’s ‘let’s accelerate as fast as possible’ into this dark, death-giving future of ‘we’re going to war game, we’re going to drop more ordinance, we’re going to get ready to go into one of the most pristine areas left on the planet, pollute it like it’s never been polluted before, all for the sake of drilling it, sucking out more oil that shouldn’t even be burned in the first place, because it’s only going to further accelerate what we’re already doing to the planet!’ It really is stupefying; it’s almost beyond imagination. It’s something out of a really bad sci-fi novel, but, unfortunately, it’s the reality.

D.J.: Can we talk now about some of those surprising alliances you mentioned?

Dahr J.: There have been many. For example, the commercial fishing community in Alaska aren’t known for being ‘lefty/greeny’ environmentalists. They’re there to catch the maximum amount of fish allowed by law every season, and make as much money as they can. But when this news of the Navy’s plans started to spread around coastal Alaska, people from these very, very politically conservative fisherfolk across two different unions in the state started to band together, and literally everyone I spoke with about the Navy exercise ― every fisherperson, every person in the fishermen’s union across the state ― was opposed to the Navy’s plans.

And when the Navy played the national security card, saying they’re doing this to protect the state and the waters, the people in Alaska called B.S. Not just environmentalists, but people from all these other groups from the Alaska Marine Conservation Council to the Alaskans First! Coalition to fishermen’s unions to everyone banding together and saying look, we’re absolutely opposed to this.

It’s hard to find a silver lining to this story, but if there is one, that might be it: we’re starting to witness a coalescing of groups across the political spectrum who are seeing the madness perpetrated by the industrial growth society and who are starting to stand up against it together.

D.J.: Are people making that connection between these destructive activities and the industrial growth society? And were they making the connections that you were making, about how we’re going over a cliff and just accelerating?

Dahr J.: Not so much, unfortunately.. One of the most important voices in the story, however, does. Emily Stolarcyk works for the Eyak Preservation Council out of Cordova. It’s an environmental and social justice non-profit with a primary aim to protect wild salmon habitat, period.

Emily sees the bigger picture. She’s gone out of her way to sound the alarm bell on this and has therefore, of course, been targeted by the government of Alaska and the Navy itself. People are really coming after her now.

Unfortunately, the average person I spoke with tended not to see beyond the immediate economic impact. For a lot of folks, their prime motivation was not losing the Alaska salmon brand, in that they can’t have news come out that the salmon are contaminated in any way, because if that market tanks, they’re in big trouble.

D.J.: How is she being targeted?

Dahr J.: For example, the Navy has tried to discredit her, even though she has gone out of her way to quote directly from the Navy’s own Environmental Impact Statement. It’s online, people can look it up themselves, and she literally is using quotes. The Navy tells people she is not giving accurate information, that she’s inflating figures, and so on. The military is deified by mainstream America and by the corporate media as a benevolent force that is only there to protect us. Of course that’s absolute nonsense, but because of that misperception, most people still tend to believe the military.

Emily has also been targeted by Senator Lisa Murkowski, a hardcore right-wing, anti-environment, pro-corporate profit, pro-fossil fuel industry, pro-military senator up there in Alaska. She sent the state fisheries person down to meet with Emily. The fisheries person called Emily on her personal cell phone at night to cuss her out and threaten her. It was bad enough he later emailed her an apology for it. So there have been bellicose threats, bellicose language used against her from this person, and from the Navy itself.

The Navy has found anyone in these communities who could potentially be on their side and actively worked to turn them against Emily Stolarcyk and the Eyak Preservation Council. They’ve demonized them, putting out false statements, trying to make it seem the Eyak Preservation Council isn’t actually working for their stated purpose of preserving critical salmon habitat. Basically negative propaganda campaigns run against her and the organization she works for.

D.J.: How can people support her?

Dahr J: Other people need to take up the fight against the Navy. They need to get up on the facts of the story, understand what the Navy is planning on doing, and join in the fight. They don’t necessarily need to come work alongside Emily Stolarcyk, but to understand the relevance of her work and the importance of it. These types of Navy war games are happening off the coast of Alaska, Washington, Oregon and California, and have been for a long time. So, anyone in proximity to those coasts, this is our fight, too. And all of us need to be talking about this, all of us need to be getting this into the media and getting as many activists involved as possible, people who might have other ideas about how they can help.

D.J.: You mentioned Lisa Murkowski. Is the problem there individual politicians, that if she were replaced these atrocities might not occur? Or is the problem more institutional, and widespread?

Dahr J.: Lisa Murkowski is of course terrible, as is Congressman Don Young. No matter what, those two are always full steam ahead with anything the military and the fossil fuel industry want. They are villains in this story: they are actively working against the interest of nature and the planet in every possible, conceivable way. But the problem really is institutional.

Let’s use Washington state as a case study. Governor Jay Inslee paints himself as the ‘green’ governor, and when I first moved here I thought, ‘yeah, this guy is doing a lot of good stuff. He’s taking the climate change issue head on, he’s saying a lot of the right things and sometimes doing some of the right things.’

But because of how deeply embedded the military is in this state and how much money the state gets from their presence, this is a governor who knowingly accepts what the Navy is doing here. He refuses to take a stance directly against the wargaming that’s already going on here or against future wargame plans for the state of Washington, and is basically in their back pocket. The same for Derek Kilmer, one of the representatives here. And the same is true for numerous other political so-called representatives.

I’m sure the same can be said for California. I think many people hear about these military exercises, and think, “The Democrats are in charge, and they wouldn’t do this.” But political party is irrelevant in this story with the military. The military is so embedded in these states and there’s so much money being brought into the states by their presence that you’d be hard-pressed to find a political so-called representative who is not on the take. That gives you an idea why there isn’t any real political pushback against these exercises.

D.J.: We all know that the military is a form for massive corporate welfare. It’s a giant Keynesian stimulus. And we all know capitalism relies on subsidies. But that always leads to the question: why can’t they just subsidize nice things instead of bad things?

During the 1970s, liberal George McGovern asked somebody at one of the military contractors, “Since all you care about is making money, could we just subsidize your corporation to make school buses instead of bombers? Would you do that?”

The military contractor said, “Sure!” and then they both burst out laughing because they knew that Congress would never allow that in the budget.

Dahr J.: At this point the US military is in the final stage of empire. When we look through history, empires use numerous ways to maintain control and power. There’s the economy, there’s propaganda, there are appeals to people’s morality, etc. The final stage – and the weakest and the shortest – is using military might, pushing the military frontiers out as far as possible and putting all their resources into maintaining and growing the military. Then they collapse relatively shortly thereafter. That’s exactly what the US is doing.

Today, while we do this interview, we have news of them setting up yet another new US base in Iraq and sending more troops over there. Domestic military exercises are pushing new bounds of what’s ever been done before, looking at expanding up into the Arctic, and preparing for war gaming against Russia and China in the future.

Over 50% of all US taxpayer money is going directly to the Pentagon in one way or another. I think that underscores what you just said, Derrick, about the preposterous idea that something could be done differently. I don’t think anyone in the government could really take seriously any attempts to significantly defund the military. At this stage of the game everyone understands the military is the final weapon the US government is using geopolitically at this point. I think anyone who challenges that and thinks they’re going to change how the government and economy function at this stage of the game is not living in reality.

D.J.: Apart from the environmental degradation, do we know the numbers on how much this military exercise is going to cost?

Dahr J.: No. The military is very careful not to release total figures of these types of exercises. You always have to try to puzzle figures out from hints. For example, the Navy is trying to push through electromagnetic warfare training out on the Olympic Peninsula, planning on starting early next year. They want to use these jet aircraft called Growlers, maybe because they’re the loudest aircraft ever built. Extremely loud – ear-splittingly loud.

To fly one of those costs over $12,000 an hour. That’s just one jet. That’s not a war ship. It’s difficult to get the numbers, but I think it’s safe to say that a two-week joint military exercise involving a dozen ships, however many aircraft are going to be on those ships, all the personnel, all the weapons that are going to be used, all the fuel burned, will very easily cost hundreds of millions of dollars.

D.J.: What can people do if they are in Alaska or elsewhere, to prevent this from happening again?

Dahr J.: People need to recognize this is happening not just in and around Alaska, but all over. There’s a massive domestic military expansion happening everywhere. People need to become aware of this and make others aware of it. They need to get this information out there. And then they need to start raising hell. They need to start fighting it.

We’re starting to see people standing up, and we’re starting to see them work together.

This whole struggle dovetails with what’s happening in the battles against the pipelines and against fracking that we’re seeing down in Texas now, and across the Midwest, where really interesting alliances are being formed between some pretty right-wing political groups as well as some pretty hard-core left-leaning groups of environmentalists and other activists.

Just like those movements draw these alliances, people who are opposed to this military expansion—and that should be all of us—need to work together to stop this. People need to get involved. The sooner the better.

Sea Shepherd Crew Intercepts Japanese Whaling Ship

Sea Shepherd Crew Intercepts Japanese Whaling Ship

By Agence France-Presse

Anti-whaling activist group Sea Shepherd said Wednesday it had intercepted the Japanese fleet in its annual Southern Ocean hunt “before a single harpoon has been fired”.

Sea Shepherd claims to have saved the lives of 4,000 whales over the past eight whaling seasons with ever-greater campaigns of harassment against the Japanese harpoon fleet.

The militant environmentalist group said the Brigitte Bardot, a former ocean racer, had intercepted the harpoon ship Yushin Maru No. 3 in the Southern Ocean at a relatively northern latitude.

“Given that the large concentrations of whales are found further south, closer to the Antarctic continent where there are high concentrations of krill, this would indicate that they have not yet begun whaling,” said Brigitte Bardot captain Jean Yves Terlain.

Former Australian politician Bob Brown, who assumed leadership of the anti-whaling campaign from fugitive Sea Shepherd founder Paul Watson due to legal issues earlier this month, said it was welcome news.

“It is likely that we have intercepted these whale poachers before a single harpoon has been fired,” said Brown.

Watson is wanted by Interpol after skipping bail last July in Germany, where he was arrested on Costa Rican charges relating to a high-seas confrontation over shark finning in 2002.

He is on board Sea Shepherd’s main ship, Steve Irwin, but has stepped down as skipper and has vowed to abide by a US court ruling in December banning the group from physically confronting any vessel in the Japanese fleet.

The ruling by the US Court of Appeals for the Ninth Circuit requires Sea Shepherd to stay at least 500 yards (metres) from whaling vessels and prohibits “navigating in a manner that is likely to endanger the safe navigation of any such vessel”.

The whaling fleet left Japan for the Southern Ocean in late December, planning to catch up to 935 Antarctic minke whales and up to 50 fin whales.

Tokyo claims it catches whales for scientific research — a loophole in the international ban on whaling — but makes no secret of the fact that they ultimately end up on dinner plates.

Sea Shepherd’s campaign this year is its biggest yet, involving four ships, a helicopter, three drones and more than 100 crew members.

Read more from The Raw Story: http://www.rawstory.com/rs/2013/01/29/anti-whaling-group-intercepts-japanese-fleet/

Photo by Phillip Flores on Unsplash

Time is Short: Twenty Years of Sabotage & Agenda 21

Time is Short: Twenty Years of Sabotage & Agenda 21

It is important to note that this analysis and perspective is not meant to be authoritative on, nor instructive towards the objectives, organization and operation of Agenda 21; those are always their own to determine, as they see fit. This is definitively an outsider’s perspective, gleaned from publicly available information, and is undoubtedly lacking insight in various ways. Apologies for such inadequacies.

*DGR SUPPORTS THE EFFORTS OF AGENDA 21 AND ALL MILITANT DIRECT DISMANTLING OF INDUSTRIAL INFRASTRUCTURE*

It doesn’t take much to sink a ship.

The physics of buoyancy are somewhat precarious; thousands of pounds of iron & steel, carefully shaped to stay balanced and afloat. The smallest rupture in the hull can drag all the sophisticated design and calculations to cold and watery depths. In some instances, one may not even need to create a rupture, so much as expand existing weak-points—like the salt water intake valve—to submerge a vessel.

That simple technique has become the calling card for a mysterious organization in Norway, which has been targeting the country’s whaling fleet since 1996. They’re called Agenda 21, the name being a reference to the 1992 UN Conference on the Environment in Rio de Janeiro, which proposed an international “sustainable development” program under the name Agenda 21. To date, they’ve claimed responsibility for the sinking of 6 commercial whaling ships.

The style has been more or less identical in each of the attacks: the group scouts a ship, boards at night, and opens the salt water intake valve in the engine room. They’ve been more successful in some instances than in others; in a 2010 attack, a ship alarm alerted the captain the ship was flooding, and the sabotage was discovered before the vessel had fully sunk. Nonetheless, they’ve been engaged in a campaign of underground direct action for close to two decades, and have maintained effective security; to the police who have investigated the actions, Agenda 21 is as mysterious today as it was when it emerged in 1996.

The story of Agenda 21 goes back to before the genesis of the group itself, to 1986, when the International Whaling Commission set a moratorium on commercial whaling around the world. Norway objected to the ban, and international politics being the absurdity that they are, suddenly the rule didn’t apply to the Scandinavian country. Paul Watson, of the Sea Shepherd Conservation Society, then threatened to sink any Norwegian vessel that violated the moratorium. The Sea Shepherds made good on their promise too: in 1992, they sank the whaler Nybraena, and two years later in 1994, they sank the Senet.

Agenda 21 (A21) is said to have taken over the effort in 1996, when they sank the Elin-Toril; it is unclear whether this was a coordinated take-over of the campaign by local Sea Shepherd supporters, or figurative language, but Watson and the Sea Shepherds say they don’t know anyone involved in A21.

The next attack came two years later, in 1998. The whaling ship Morild was scuttled, and A21 claimed responsibility, and was credited with the action.

There weren’t any subsequent attacks for a number of years, until August of 2007, when the group sunk the Willassen Senior in Svolvaer, causing more than £2,000,000 in damage, bankrupting the whaler.

Less than two years later, Agenda 21 struck again. In an effort to pre-empt the whalers, the group sunk the Skarbakk, a commercial whaling vessel docked in Henningsvaer in late April, shortly before the whaling season began in 2009. This action saw a marked increase in media coverage, especially foreign media, with reports, articles, and the group’s communique being published on alternative websites in the U.K. and the U.S. The Sea Shepherds also issued a press release praising the action and Agenda 21; Paul Watson compared the individuals involved to those who resisted Nazi occupation of Norway 60 years prior, and added, “The Agenda 21 team did an excellent job: no injuries, no evidence, no mistakes, and no more whaling. These are results that we can appreciate and admire.”

In A21’s own words, “We came to Henningsvaer. We saw the Skarbakk. We sank the bastard.”

The 2009 sinking of the Skarbakk began a string of more frequent attacks. Only a year after the action in Henningsvaer, A21 struck again; “Norway announced an increased quota of minke whales so we decided to increase our quota of sunken whalers.”

The target was the Sofie, docked in Svolvaer (only a “stone’s throw” from where the Willassen Senior had been when it fell prey to A21 in 2007). On the evening of April 2nd, members of Agenda 21 snuck on board the vessel, and (according to the communique issued afterwards) “[e]ntry was made through the wheelhouse. The engine room was accessed by removing the locked door from its frame using axe and crowbar. Two sea valves were opened fully submerging the engine and electrical systems.”

Unfortunately, as previously mentioned, an alarm alerted the ship’s owner who was asleep in his nearby home, and the fire department arrived before the vessel was entirely submerged. However, both the engine room and electrical equipment were put securely to rest under several feet of water. Apparently undeterred, the owner vowed to repair the damage and be hunting whales in less than a month, but whether or not he succeeded in his sadistic intentions is unconfirmed.

The repeated actions have certainly hurt the industry, and after the Sofie attack, the head of one whaling organization complained to the Norwegian Broadcasting Corporation, “It is outrageous that this can be done year after year without anyone being caught!”

There was a final attack, in October of 2011. The whaling boat Onsoyvaeringen was found on the morning of October 6th, with its bow in the air. The night before, Agenda 21 boarded the ship and opened repurposed one of the valves to let water into the ship, rather than keeping it out. In the communique issued after the action by A21, Onsoyvaeringen was said to have been the last whaling ship in Oslofjord. The statement also indicated the continued resolve of A21 to bring a permanent end to whaling in Norway by any means necessary and to continued escalation, reiterating that any vessels planning on whaling would be targets and that as Norway increases the Minke whale quota, A21 will step up its attacks.

Agenda 21 remains at large, as it has been for 16 years. It is difficult to talk about their organization and function, because they’ve done such an impeccable job of keeping any knowledge of themselves—other than their name and their actions—secret. However, there are still lessons to be learned and new insights to be gleaned in regards to strategic underground action.

To operate successfully for so long demonstrate an undeniable conviction as an organization, but also a careful patience, a keenness that ensures action is effective rather than simply self-actualizing and serves as a counterweight to the (often) blind urgency that strong conviction can fuel.

However, others have questioned whether Agenda 21 has been effective in the fight to end commercial whaling, or whether the organization has been just another group using glorified tactics but making little material difference. Critics point to reports that the numbers of whales killed in the summer season haven’t declined, or that there is a surplus of whaling ships and simply too few processing centers for the meat.

These are important considerations, and critical reflection on ourselves and the effectiveness of our particular strategies is absolutely vital if our movements are to be successful. This is true whether our goal is to end whaling in a particular region, restore grasslands, destroy institutional racism, or dismantle civilization.

A simple breakdown of Agenda 21’s strategy (as I interpret it based on their actions and their public statements) is that at the core, they are fighting a battle of attrition (this seems to be the unconsciously preferred strategy of most activists—liberals and radicals alike—and is a separate discussion in itself), in which they hope to wear down the ability of their enemy (the Norwegian commercial whaling fleet) to operate. In order to be successful in a war of attrition, one must damage and deplete the enemy’s resources quicker than the enemy can replace them. Eventually, this drawdown reaches a critical point, and the enemy loses the ability to function as a force. This leaves us with two important factors to consider: first, how A21 draws down the resources of the commercial fleet, and secondly, the speed with which the fleet is able to replace those resources.

Obviously, A21’s preferred tactic is sinking commercial whaling vessels. The technique which they use to do this is simple, and seems relatively simple and to cost them little (in terms of time, technical knowledge, money, etc.). However, there are some additional, smaller ways in which the sinking of these ships may sap the resources and capacity of the whaling fleet: the attacks have seriously raised insurance premiums for whaling boats, and may discourage investors from fronting the capital for new whaling ships. They’re both smaller, and perhaps less directly measurable effects, but they’re impacts A21 has mentioned explicitly in their communiques.

As for the fleet itself, the most important fact to note is that the entire Norwegian fleet consists of less than two dozen ships: in 2012, only 18 ships participated in the whale hunt, one less than last year. This small fleet-size makes the loss of a ship a significant blow for the industry, much more serious and detrimental than a smashed window or graffiti on a storefront would be, and creates a (rare) situation that lends itself to a strategy of attrition.

It’s not necessarily possible to draw a clear line on whether Agenda 21 is definitively effective or not. Given that the number of whales hunted hasn’t significantly declined or changed, it would be hard to say A21 is close to bringing commercial whaling in Norway to a close. But at the same time, we cannot deny that there are 7 fewer vessels hunting for whales each summer due to A21. Perhaps it would be more appropriate to say that the A21 strategy has very real potential, and for Agenda 21 to ultimately be successful in winning their war of attrition against the whaling industry will require that they escalate the frequency of their actions to impose a fatal (for the industry) drawdown. If the reports of bottlenecks at the over-stressed processing facilities are true, they would represent another vulnerable node. If anything were to happen to those processing facilities resulting in their being temporarily or permanently shut down, the difficulties facing the industry wound undoubtedly be compounded, and the system as a whole would be further disrupted.

In any case, the story of Agenda 21 is a hopeful and promising one. And like all stories of resistance, it’s one that needs to be told. History is full of stories of people, even if only a few of them, organizing to find collective strength and shatter systems of abusive and destructive power that only months before seemed invincible. Those stories are taking place right now, around the world. We need to listen to them, learn from them, find our connection and meaning in them, and share them. We need to tell these stories of resistance, because resistance is a story; whether of mysterious folks scuttling ships on a spring evening so Minke whales can swim free, or Indian women training each other in self-defense and dealing retribution to abusers and batterers, or indigenous and Chicano neighborhoods marching on and scattering a Columbus Day march, or masked groups torching transmission substations to blackout the death culture of civilization: it’s a story larger than ourselves. We need to tell those stories, and then live them out.

Time is Short: Reports, Reflections & Analysis on Underground Resistance is a biweekly bulletin dedicated to promoting and normalizing underground resistance, as well as dissecting and studying its forms and implementation, including essays and articles about underground resistance, surveys of current and historical resistance movements, militant theory and praxis, strategic analysis, and more. We welcome you to contact us with comments, questions, or other ideas at undergroundpromotion@deepgreenresistance.org

US Navy study raises estimate of marine mammal casualties due to sonar and explosives

By the Associated Press

The U.S. Navy may hurt more dolphins and whales by using sonar and explosives in Hawaii and California under a more thorough analysis that reflects new research and covers naval activities in a wider area than previous studies.

The Navy estimates its use of explosives and sonar may unintentionally cause more than 1,600 instances of hearing loss or other injury to marine mammals each year, according to a draft environmental impact statement that covers training and testing planned from 2014 to 2019. The Navy calculates the explosives could potentially kill more than 200 marine mammals a year.

A notice about the study is due to appear Friday in the Federal Register.

The old Navy analysis — covering 2009-2013 — estimated the service might unintentionally cause injury or death to about 100 marine mammals in Hawaii and California, although no deaths have been reported.

The larger numbers are partially the result of the Navy’s use of new research on marine mammal behavior and updated computer models that predict how sonar affects animals.

The Navy also expanded the scope of its study to include things like in-port sonar testing — something sailors have long done but wasn’t analyzed in the Navy’s last environmental impact statement. The analysis covers training and testing in waters between Hawaii and California for the first time as well.

“Each time around, each time we swing through this process, we get better, we take a harder look, we become more inclusive,” said John Van Name, senior environmental planner at the U.S. Pacific Fleet.

The Navy isn’t saying it will injure whales and dolphins as it trains sailors and tests equipment. It’s telling the public and environmental regulators that its actions have the potential to harm or otherwise prompt a reaction in the animals.

The Navy takes a variety of measures to prevent harm to the animals, including turning off sonar when marine mammals are spotted nearby. It says the actual numbers of injured animals would be lower as a result.

Read more from The Washington Post: