On September 17, 2009 Steve Sullivan of Sea Surveyors Inc. testified on the record before the California Ocean Protection Council, all part of the Natural Resources Agency - which oversees both the OPC, California Department of Fish and Game, the MLPAI.

Mr. Sullivan stated clearly before the OPC that he was concerned about entities operating in California waters, doing sonar surveys without the proper permit. This permit is called a Marine Geophysical Survey Permit, costs $5,000 and is issued by the California State Lands Commission. He complained specifically that the international corporation Fugro Palegos, had let its permit lapse in the previous year, and also did not adhere to the requirements of the permit which are designed to prevent harm to marine mammals, including whales. He also mentioned other entities operating without a permit, and not adhering to these regulations including California State University at Monterey Bay and the California Department of Fish and Game. He was specific and adamant in his September 17 testimony, about the danger to marine mammals by such unlicensed and non permited sonar and marine survey activity.

Then on October 19, 2009, a month later, a Fugro Palegos vessel the Pacific Star struck and killed a young fully mature 72 foot female blue whale. This beautiful and endangered animal suffered one or two deep gashes from the propellor near her spinal column, which caused her to bleed to death on the rocks just south of Fort Bragg. I am standing before you to say that the Ocean Protection Council and the MLPA are guilty of criminal negligence for not making sure the Pacific star was duly permitted, and was abiding by the terms of its permit after being duly notified of these dangers by Mr. Steve Sullivan.

October 22, three days after the whale strike, the California Lands Commission voted on agenda items number 55 and 56 - out of a 61 items on the agenda. (this would indicate that these items were added late for the October 22nd meeting.) This agenda item was a request for a retroactive Marine Geophysical Survey Permit, to cover the Pacific Star on the date that it hit the whale. This retroactive permit was granted to Fugro, to be effective commencing on October 1st. Thus the California State Lands Commission has been lax in its duties to protect the interests of the people of this state and also may have been complicit in an attempted cover-up.

Furthermore I was told by Paul Thayer, Executive Officer of the California Land Commission that he believes that Pacific Star did not have the required marine mammal observer on the vessel at the time it hit the whale. This is confirmed by Joe Cordero of NOAA, and reliable sources who spoke to crew members of the Pacific Star. This requirement of a marine mammal observer on board is part of the survey permit.

I am here today with the unhappy news that Fugro Palego is guilty of serious violations of the Marine Mammal Protection Act by the illegal taking of a marine mammal, a 72 foot blue whale. It is also guilty of serious violation of California law by not having in possession of valid marine geophysical survey permit, nor was abiding by the terms of that permit. The Ocean Protection Council, who contracted the Pacific Star on behalf of the MLPAI is guilty of criminal negligence in all of the above matters. They had full notice and knowledge of the dangers yet they chose to do nothing.

The MLPA has been rife with concerns about corruption and violations of law every step of the way, among the most egregious of these being the denial of the democratic process itself. Other violations include charges of graft, bribery, coercion, intimidation, conflicts of interest, violations of the Brown Act, and now the illegal take of a marine mammal.

Because of the conflicts of interest inherent in this matter, I am hereby calling for an independent special prosecutor outside of California, and not associated with NOAA, to investigate this matter and enforce the law. At present the only enforcement investigation going on is being conducted by NOAA, who was a supporting agency of the MLPA and the California Ocean Protection Council. I want a full independent investigation of this illegal take of a marine mammal.

David Gurney