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HOPE Helping Our Peninsula's Environment |
Monday, May 14, 2001
US-Fish & Wildlife Service
California Department of Fish and Game
Federal Aviation Administration
Monterey Bay National Marine Sanctuary
Congressman Sam Farr
Re: Two Military Helicopters Flew Dangerously and Harmfully Low Over Sea Otter Refuge - Risking Pilot Lives, Causing Likely Criminal ESA and MMPA Take of Sea Otters, Potential ESA Take of Condors, and Violations of Monterey Bay National Marine Sanctuary Flight Altitude Restrictions.
To Whom it Should Concern:
Please consider this a formal and serious complaint and a request for immediate and permanent remedies.
On Saturday May 12, 2001 at approximately 3:05pm (15:05) I was walking with three friends on the coast of Big Sur, in Molera State Park, in Monterey County, California when we observed two loud Military Helicopters Flying harmfully and illegally low over the California Sea Otter Refuge and almost over the shoreline. The aircraft appeared to be a dull silvery color without apparent civilian or military identifying numbers or logo. An overcast ceiling was at about 2,500 feet ASL, wind was light from the Southeast.
Harmfully Low Over Otter Refuge
At the time we observed the helicopters, flying southerly toward us along the shoreline, we were standing at about 220 to 240 feet above sea level as indicated by the topographic lines on the map provided by State Parks.
All four of us observed the helicopters flying significantly below a) Point Sur; and b) the horizon.
Point Sur is 364 feet high. From our vantage point any object below the horizon would represent a maximum height of 240 feet above sea level (ASL).
As a physicist and an engineer I can explain, if necessary, how one can estimate the height of objects by using the horizon. Using this method I conservatively estimate the helicopters were flying no higher than about 200 feet above sea level.
Harmfully Close to Shore Over Otter Refuge
We observed the helicopters flying within a few hundred yards of the shore. The aircraft, when abreast of us, were close enough to observe the pilots.
Frequent and Increasing
According to acquaintances who hike Molera Park often - this type of military flight operation occurs often and has increased in recent months.
What's Wrong with That?
1. ILLEGALLY TOO LOW
Monterey Bay National Marine Sanctuary regulations strictly prohibit non-emergency, or non-scientific aviation below 500 feet ASL over the Sea Otter refuge. These aircraft were flying less than half that altitude.
2. AIRCRAFT FAILURE DANGER
At 200 feet there is no time or room to recover from an engine failure - even for an expert pilot.
3. BIRD STRIKE DANGER AND POTENTIAL ESA VIOLATION
At that altitude and location above the shore ecotone bird strikes are a high possibility. Bird strikes have caused the deaths of too many pilots and caused millions of dollars of losses in aircraft.
The flight path clearly overlapped that of the Endangered Species Act (ESA) listed Condors. A bird strike involving a condor, beyond its outrage, would be a deadly serious violation of the ESA.
4. NOISE IS ESA VIOLATION
The noise from the helicopters is very loud and can be characterized as large beats. They were so loud we could hear them when they were still north of Point Sur - at least 4 miles distant.
Military Helicopter Use and Noise
"Military helicopters are much larger and louder than small commercial helicopters (at least 107 dbA). Commercial helicopters do not operate in multi-aircraft formations, nor do they perform repeated passes over the shorelines and Coastal areas of Monterey." NOAA comments on Marine Exercise Mar 1 1999
"U.S. Army researchers conducted a study to measure the role of vibration and rattle in human response to helicopter noise. The researchers concluded that vibration and rattle can significantly increase the annoyance associated with a particular sound level." - AVIATION NOISE EFFECTS, FEDERAL AVIATION ADMINISTRATION, WASHINGTON, DC; MAR 1985, U.S. DEPARTMENT OF COMMERCE
We believe this noise is considered Take of the Southern Sea Otter (enhydra lutris nereis) a violation of both the US-Endangered Species Act and The Marine Mammal Protection Act.
Monterey County is not only well within the range of this species, it contains almost the entire population. Monterey County coastal waters contain the largest concentration of the Southern Sea Otter. It lives in nearshore kelp beds out to the 100 meter depth contour and occurs from Ano Nuevo in Santa Cruz County to the north to approximately Pt. Conception in the south. This specific location is near the very location of the tiny remnant population of otters of the early 1900's.
"As one of the few marine representatives of the order Carnivora, the sea otter evolved to inhabit a narrow ecological zone adapting to the near shore community and preferring a rocky shoreline with kelp beds." FWS, Draft Southern Sea Otter Recovery Plan June 1996
We suspect that there is no ESA Section 7 Incidental take permit, a MMPA Incidental take permit, nor a Biological Opinion - otherwise this dangerous activity, which has abundant and obvious feasible alternatives, would not be occurring.
* HOPE respectfully requests that Monterey Bay National Marine Sanctuary -
1. Immediately prosecute this specific violation for violating the MBNMS flight regulations and all other applicable laws.
* HOPE respectfully requests that US-Fish & Wildlife Service and California Department of Fish and Game -
1. Immediately prosecute this specific violation for violating our US-ESA and MMPA; and all other applicable laws.
Criminal Penalties for Willful Take of Listed Species.
If there are no ESA Incidental Take Permits (ITPs), these actions could be determined criminal violations by the pilots and the officers in charge of flight operations.
2. Stop it Permanently.
Alternative flight paths exist which do not endanger pilots or take ESA listed species. Alternative flight operations also exist.
We respectfully insist that the lead NEPA agency be determined and an Environmental Impact Statement be prepared before any further military flights take place over, or near, occupied Southern Sea Otter habitat or known Condor habitat flight areas.
We also respectfully insist US-Fish & Wildlife Service Consult with the Joint Chief of Staffs and the DOD to eliminate any other such take and potential take of listed species.
* HOPE respectfully requests that the Federal Aviation Administration -
1. Place this Monterey Bay National Marine Sanctuary on Flight charts so future pilot can be warned of the flight altitude restriction, the danger of bird strikes and the likely criminal violation of the US-ESA.
MEANINGFUL ADVANCE NOTICE
Please put us on your list of "Interested Parties" so we get all notices related in any way to the proposed project this property (if for no other reason than we ask under authority of CEQA Sections: 21092.(b)(3) and 21092.2) of -
* Hearings, Meetings, Study sessions, and
* all Document availability including -
* EIS, D-EIS, EA, FONSI,
* any Incidental Take Application,
* any Biological Report submitted,
* any Environmentally Sensitive Habitat Area survey submitted,
* any related Federal Register Notice.
Please acknowledge receipt of this letter within 5 days.
We look forward to your substantive, written response to the issues raised here within 10 days. It would be surprising if we have not made any inadvertent errors. So if any of this is in the slightest way unclear please contact us ASAP by phone, email or mail.
With all due Respect,
David Dilworth, Acting Secretary and Trustee 831/624-6500
Copies Sent to:
Senator Barbara Boxer
Senator Dianne Feinstein
Assemblyman Fred Keeley
Senator Bruce McPherson
US Secretary of Defense
California Coastal Commission, San Francisco, Peter Douglas
California Dept of Fish and Game, Robert Hight, Director
California Department of Parks & Recreation
Center for Biodiversity
Friends of the Sea Otter
Responsible Consumers of the Monterey Peninsula
League of Women Voters, Monterey
Sierra Club, Ventana Chapter
Ventana Wilderness Alliance
Ventana Wilderness Society
Peninsula Beacon
Coast Weekly
Monterey Herald