In March 1998, various groups and individuals filed suit against the U.S. Navy to stop the testing of the SURTASS LFA system off the west coast of Hawai`i. The evidence presented at that time included the declarations of Chris Reid and Dr. Barbara Schmid. These declarations documented the insonification of Ms. Reid by a SURTASS LFA broadcast and her medical condition as a result of that broadcast.
Captain Kevin Merrill, who had brought Ms. Reid to the bay where the insonification took place, also filed a declaration documenting his presence with hydrophones at the time of the broadcast and filed a recording of the broadcast with the court.
In response to the presentation of this evidence, a scientist within the Navy's Scientific Research Program admitted that a broadcast had taken place at the time Ms. Reid claimed to have been affected and that the broadcast exposed Ms. Reid to 125 decibels (dB) of low frequency active sonar.
Mr. Reid filed a declaration four months after the exposure documenting continuing physiological and psychological effects from the insonification.
At no time did the Navy, the scientists participating in the Scientific Research Program, or anyone in the government contact Ms. Reid to request further information, schedule a physical examination, or otherwise pursue the information provided by Ms. Reid and the doctor.
Below are the declarations or relevant parts of the declarations.
In the draft Environmental Impact Statement (DEIS) for SURTAAS LFA deployment, neither Technical Report 3 discussing potential impacts of LFAS on humans nor the DEIS discussed the insonification of Ms. Reid.
The technical report and the DEIS concluded that limiting SURTAAS LFA recevied levels in potential diving and swimming areas to 145 dB would prevent any potential injury to humans in the water.
Ms. Reid filed the following declaration shortly after her exposure.
I, Chris Reid, do affirm the following to be true and say:
I am Chairwoman of International Cetacean Reseach and Education Center of Hawai`i, Inc., and a certified naturalist, conducting ocean eco-tours and nature study retreats on the Big Island (Hawaii).
1. On March 10, spinner dolphin pods in Honokohau Harbor and Hoona Bay appeared to be dangerously close to the shoreline, clustering in a tight defensive posture on the surface and exhibiting constant and excessive vocalization. (In a declaration filed in No. CV. 98-00232 [a separate case], I stated that I had the following experience on March 12. I had confused the dates because I was also in the water on the 12th. I have confirmed from the charter boat captain that the events recounted did take place on March 10, as recorded in his logs.) I was snorkeling/diving at about 300 feet distance from the dolphins while in Hoona Bay and both heard and felt the LFAS testing sequence over a period of about 45 minutes. (In the declaration mentioned above, I inadvertently stated that I was 300 yards from the dolphins, rather than 300 feet.) The dolphins behavior can be described as erratic, their vocalization and time on the surface appeared unusual, and they were clearly very agitated and defensive. I have logged thousands of hours in the water and on boats observing dolphins over the last ten years, and consider this behavior to be extrememly abnormal.
2. After spending 35-45 minutes in the water, I experienced a loss of equilibrium, and other symptoms of physiological distress. As I am in excellent health and in similar water conditions almost daily, I can only conclude that my physical discomfort resulted from exposure to the sonar testing. I was examined about 2 hours after my exposure to the LFA, by a medical doctor with whom I had been working prior to the experience. It more than 24 hours for me to fully recover from the effects of the LFA.
...
March 23, 1998
/s/ Chris Reid
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The doctor who examined Ms. Reid shortly after her insonification filed the following declaration. Dr. Schmid is certified as a medical doctor, psychiatrist, and homeopath.
Dr. Barbara Schmid
Bahnhofstr. 6
CH 8180 Bauma, Switzerland
To whom it may concern I'm a M.D. and certified psychiatrist, working since 1985 in my own clinic in Switzerland. In psychiatric formation in Switzerland we also learn neurological testing.
I was in vacation on Big Island from janurary 29 until march 19, 1998. Partially I stayed at the house of Chris, which [whom] I came to know as a very effective, reasonable and friendly host.
On march 10 I met Chris at 12.15 at Honokahau harbor after having been out with "dolphin discovery" in the morning. Because she really looked sick, pale and distressed I asked her at the harbor what had happened. During the whole stay at her house and also having been with her on different boats as a dolphin expert I never saw her in such a distressed state - it almost looked for me like people I saw after an accident on acute ward.
She could barely talk, had difficulties in expressing and finding words, expressed dizziness and confusion. I tested her with basic neurological testing: There were tremor in reaching at things and difficulties in walking straight forward with open eyes, with closed eyes not possible. Reflexes o.k. Kinesiologically: cross pattern activity disturbed on all levels, switching on deep main fuses of the body on a electromagnetic level were gone, which happens normally just as a consequence of a heavy mental or body trauma.
Since I had to hurry to get on my boat, I asked her to get some medical consultation immediately and to take two days to recover, which she didn't do, as she told me the next morning because she was leading a workshop herself. On this day (22 hours later) I found the same dizziness, same kinesiological disturbance. She also complained of weeping attacks and profound weakness on a body level.
My diagonosis with this healthy person would be normal posttraumatic reaction - but what was the trauma? The only possibility would be the LFAS testing to which she was exposed. Chris is an experienced workshop leader, so I don't think she was under so much stress to explain this clear neurological and kinesiological disorders.
Yours sincerely
/s/ Dr. med. Barbara Schmid
8494 Bauma Bahnhofstr. 6
W 4783 01
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The boat captain filed the following declaration:
I, KEVIN MERRILL, do affirm the following to be true and say:
1. On Tuesday, March 10, a group chartered my boat to observe dolphins and to enter the water in the bay just north of Keohole Point.
2. Upon reaching the bay, I lowered a hydrophone into the water and began recording at 8:45 a.m. according to my logs. In the period between 8:45 a.m. and 9:40 a.m., I recored low frequency sounds, which to the best of my information and belief originated from the Cory Chouest, a boat operated by the United States Navy. The broadcasting ended at 9:40 a.m.
3. I have provided a copy of the tape of those broadcasts to accompany this declaration as Exhibit 1.
4. At the time I made the recordings, the boadcasting boat was not in sight. At some point near the end of the broadcast or shortly thereafter, the boat did appear coming from the north.
March 22, 1998
/s/ Kevin Merrill
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Later in the litigation, Ms. Reid filed a declaration documenting her continuing abnormal physical and psychological conditions.
I, Chris Reid, do affirm the following to be true and say:
1. The information regarding my exposure to the SURTASS LFA broadcast on March 10, 1998 and the immediate effects of that exposure are set forth in Plaintiff's Exhibit 25. paragraphs 1 and 2.
2. The report of the doctor who examined me shortly after the exposure is set forth in Plaintiff's Exhibit 26.
3. I am filing this supplemental declaration to record the continuing impact of this exposure on my physical, emotional, and mental health.
4. I am normally a healthy, active, self-directed, and competent individual. 5. Since my exposure to the SURTASS LFA broadcast, I find myself in a completely abnormal condition.
6. Physically, I regularly experienced fatigue, headaches, loss of appetite and nausea. At the same time, I experienced an abnormal weight gain.
7. Emotionally, I have experienced intense grief, weeping, irrational fears, and social withdrawal.
8. Mentally, I have experienced loss of willpower, inability to concentrate, loss of memory, and depression.
9. All of the conditions described in paragraphs 6 through 8 were not part of my experiences prior to the exposure to the SURTASS LFA broadcast.
10. I have attempted to correct these conditions through a variety of therapies, including biokinesiology, chiropractic adjustments, psychotherapy, flower essences, herbal supplements and dietary adjustments, sound and color therapy, reiki, and lomi-lomi massages.
11. While these treatments have helped to ease my discomfort, I continue to experience periodic recurrence of the many symptoms mentioned in paragraphs 6 through 8, particularly the physical and mental symptoms.
12. Almost all the healing practitioners I have asked for help told me that my glandular system was disrupted and needed to be re-balanced.
13. At no time since my injury became public knowledge have the scientists conducting the SURTASS LFA testing, the United States Navy, the National Marine Fisheries Service, or any other governmental agency contacted me to request an interview, assess my physical condition, or otherwise gather any further information about the effects on me of the SURTASS LFA broadcast.
I declare under penalty of perjury that the above statements are true.
/s/ Chris Reid
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Mr. Kurt Fristrup, a scientist aboard the Cory Chouest as part of the Scientific Research Program, filed a declaration discussing various pieces of evidence submitted by plaintiffs. The part of his declaration responding to the report from Chris Reid appears below.
I, Kurt M. Fristrup, declare as follows:
...
2. Presently, I am acting as Chief Scientist aboard the Cory Chouest, exercising daily direction over the research effort. I have been aboard since 4 March, and Chief Scientist since 9 March.
3. On 10 March we broadcast during the interval specified by Mr. Sinkin in a letter to Michael Chun dated 25 March and by Mr. Merrill in exhibit 14. Given our source level and range from Keohole Pt., the conservative estimate of received level would be 125 dB.
... Executed this 26th day of March 1998, at sea on the Cory Chouest
/s/ Kurt Fristrup
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