RAAUZYUW RUENAAA3926 3221635-UUUU--RUCRNAV. ZNR UUUUU ZUI RUEWMCS0697 3221626 R 181634Z NOV 05 PSN 102529K19 FM SECNAV WASHINGTON DC TO ALNAV ZEN/ALNAV @ AL ALNAV(UC) INFO ZEN/CNO CNO BT UNCLAS SUBJ/RETENTION OF ALL RECORDS RELATED TO MID-FREQUENCY ACTIVE SONAR TESTING AND TRAINING// PASS TO OFFICE CODES FM SECNAV WASHINGTON DC TO ALNAV BT UNCLAS //N05212// ALNAV 081/05 MSGID/GENADMIN/OGC WASHINGTON DC// SUBJ/RETENTION OF ALL RECORDS RELATED TO MID-FREQUENCY ACTIVE SONAR TESTING AND TRAINING// REF/A/DOC/SECNAVINST 5212.5D PARA 3 OF PART II/NAVY AND MARINE CORPS PAGE 02 RUENAAA3926 UNCLAS RECORDS DISPOSITION MANUAL. REF/B/DOC/UNSECNAV MEMO DTD 28DEC00/COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS IN THE CONDUCT OF NAVAL EXERCISES OR TRAINING AT SEA REF/C/DOC/ASTSECNAV (I&E) LTR DTD 5AUG05/MID-FREQUENCY SONAR STRATEGY LETTER POC/GORDON MODARAI/CDR/NAVY LITIGATION OFFICE/TEL: COMM 202.685.7028/ POC/ROSLYN TOBE/SENIOR TRIAL ATTORNEY/NAVY LITIGATION OFFICE/TEL: 202.685.7026/ POC/JOHN TEW/SENIOR TRIAL ATTORNEY/NAVY LITIGATION OFFICE/TEL: 202.685.7030/ NARR/ REF A DIRECTS RETENTION OF RECORDS RELEVANT TO LITIGATION. REF B IS NAVY POLICY MEMORANDUM OF 28 DEC 00, DIRECTING CONTINUED COMPLIANCE WITH CERTAIN ENVIRONMENTAL REQUIREMENTS. IT IS CUSTOMARILY REFERRED TO AS THE AT SEA POLICY. REF C IS A LETTER TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ADMINISTRATOR DETAILING THE NAVY S MID-FREQUENCY ACTIVE SONAR STRATEGY. RMKS/1. PER REF A, ALL COMMANDS AND PERSONNEL ARE REQUIRED TO RETAIN ALL RECORDS RELATED TO MID-FREQUENCY ACTIVE SONAR TESTING AND TRAINING UNTIL FURTHER NOTICE. PERSONNEL ARE ALSO REQUIRED TO IMPLEMENT REASONABLE SAFEGUARDS TO ENSURE THAT ALL RELEVANT DOCUMENTS PAGE 03 RUENAAA3926 UNCLAS ARE NOT DESTROYED, ALTERED OR DELETED. DOCUMENTS ARE TO BE PRESERVED IN THEIR NATIVE FORMAT (E.G. DOCUMENTS PRODUCED IN MS WORD MUST BE PRESERVED AS MS WORD DOCUMENTS). 2. FOR PURPOSES OF THIS DIRECTION, MID-FREQUENCY ACTIVE SONAR IS DEFINED AS ANY SYSTEM OPERATING WITHIN THE FREQUENCY RANGE OF 1 KHZ AND 210 KHZ. 3. ON 19OCT05, ENVIRONMENTAL SPECIAL INTEREST GROUPS FILED SUIT IN US FEDERAL COURT ALLEGING THAT THE NAVY HAS FAILED TO COMPLY WITH ENVIRONMENTAL LAWS INVOLVING TESTING AND TRAINING WITH MID-FREQUENCY ACTIVE SONAR. THE NAVY IS REQUIRED BY LAW AND REF A TO RETAIN ALL REASONABLY RELEVANT DOCUMENTS THAT MAY BE SOUGHT BY PLAINTIFFS DURING THE COURSE OF LITIGATION. AT THIS TIME, LITIGATION MAY BE REASONABLY INTERPRETED TO INVOLVE THREE BROAD AREAS OF INFORMATION THAT MUST BE RETAINED: A. ALL EXERCISES AND TRAINING ASSOCIATED WITH MID-FREQUENCY ACTIVE SONAR; B. ALL TECHNICAL INFORMATION INVOLVING DEVELOPMENT AND USE OF MID-FREQUENCY ACTIVE SONAR, INCLUDING ALL TECHNICAL INFORMATION, INVESTIGATION, AND STUDIES PERTAINING TO INCIDENTS INVOLVING INJURY OR STRANDINGS OF MARINE MAMMALS ALLEGEDLY CAUSED BY THE USE OF PAGE 04 RUENAAA3926 UNCLAS MID-FREQUENCY ACTIVE SONAR; C. ALL DOCUMENTS INVOLVING REF B DEVELOPMENT THROUGH ONGOING DISCUSSIONS INVOLVING REF C AND DRAFT OPNAV SONAR POLICY. 4. RECORDS TO BE RETAINED INCLUDE ALL CLASSIFIED AND UNCLASSIFIED MEDIA INCLUDING, BUT NOT LIMITED TO, EMAILS, ELECTRONICALLY CREATED AND MAINTAINED INFORMATION, LOGS, MESSAGES, PHOTOGRAPHS, VIDEO, DOCUMENTS, AND DRAFT VERSIONS OF DOCUMENTS. INFORMATION ON CLASSIFIED SYSTEMS IS NOT EXEMPT FROM THESE RETENTION AND POSSIBLE DOCUMENT PRODUCTION REQUIREMENTS. THIS MESSAGE DOES NOT SEEK IMMEDIATE PRODUCTION OF THE RECORDS AND DOCUMENTS IDENTIFIED HEREIN. 5. WHEN SPECIFIC DOCUMENT PRODUCTION REQUIREMENTS ARE IDENTIFIED, THEY WILL BE RELEASED SEPCOR. AT THAT TIME, REQUIREMENTS FOR GATHERING, PRODUCING AND FORWARDING DOCUMENTS TO THE NAVY LITIGATION TEAM WILL BE PROVIDED. 6. WHILE IT IS RECOGNIZED THAT THE SCOPE OF RECORDS TO BE RETAINED IS EXTREMELY BROAD, COMMANDS SHOULD ERR ON THE SIDE OF PRESERVING DOCUMENTS IF IN DOUBT WHEN ATTEMPTING TO IDENTIFY RECORDS REASONABLY RELEVANT TO THE LITIGATION. QUESTIONS AND QUERIES SHOULD BE FORWARDED VIA CHAIN OF COMMAND TO POCS. 7. RELEASE AUTHORIZED BY THE UNDER SECRETARY OF THE NAVY. BT #3926 NNNN