![](media/image1.png){width="1.01875in" height="1.6in"}DOD HAS A LONG
HISTORY OF WORKING SUCCESSFULLY WITH THE ESA

The Department of Defense (DOD) is again pursuing exemptions from key
environmental laws. A legislative package with these exemptions has been
sent to Congress, which will soon be casting crucial votes. If this
legislation is approved it will greatly reduce DOD's obligations under
the Endangered Species Act (ESA), Marine Mammal Protection Act, Clean
Air Act, Superfund, and Resource Conservation and Recovery Act.

Last year, the Administration requested exemptions from six
environmental statutes, and Congress settled on an exemption from the
Migratory Bird Treaty Act.

DOD and ESA Success Stories

DOD has argued, and intends to do so again, that the ESA is too
inflexible and that a sweeping new exemption is needed. However, this
argument is not based on having encountered insurmountable hurdles
complying with the ESA. In fact, the General Accounting Office has
concluded, based on a review of DOD's own readiness reports, that the
military is at a high state of readiness and that DOD has never
demonstrated that the ESA has significantly impeded training.

Nonetheless, without any public debate, DOD sought to bypass the ESA's
careful balancing between military training needs and conservation of
imperiled wildlife. The facts show that this would be an unfortunate and
unnecessary departure from DOD's long history of working successfully
with the ESA.

# Marine Corps Air Station Miramar, California

In an effort to protect the station's ten endangered species, the U.S.
Fish and Wildlife Service (FWS) initially proposed to designate 65
percent of Miramar's land area as critical habitat. FWS later exercised
its discretion under existing law and withdrew this proposed designation
after the Marine Corps established a framework to protect and preserve
the station's endangered species, guaranteed the plan would be
implemented, and defined measures to judge the plan's effectiveness.
According to DOD, in so doing, "the plan made military readiness
activities and endangered species protection mutually compatible."

# Mokapu Peninsula of Marine Corps Base Hawaii

Among the 50 species of birds that call this island home are all four of
Hawaii's endangered waterbirds: the Hawaiian stilt, Hawaiian coot,
Hawaiian gallinule, and the Hawaiian duck. Management activities at the
base have more than doubled the number of stilts on the base over the
past 20 years. The growth of non-native plants, which can decrease the
waterbirds' reproductive success, is controlled through annual "mud-ops"
maneuvers by Marine Corps Assault Vehicles (AAVs). Just before the onset
of nesting season, these 26 ton vehicles are deliberately deployed in
supervised plow-like maneuvers that break the thick mats of invasive
plants, improving nesting and feeding opportunities while also giving
drivers valuable practice in unusual terrain.

# Air Force in Alaska

In 1995 FWS found that the Air Force's low-level, high speed training
flights in Alaska had the potential to disturb the three North American
subspecies of endangered peregrine falcons. After the Air Force
consulted with FWS under the ESA, the Air Force agreed to protective
"no-fly" zones around dense peregrine nesting locations. The peregrine
falcon has since recovered to the point that it has been removed from
the ESA's list of threatened and endangered species, and FWS has
declared that "the knowledge gained by Air Force research projects was
important in the recovery process."

# Marine Corps Base Camp Lejeune, North Carolina

Initially 10 percent of this base was restricted in order to protect the
red-cockaded woodpecker, but now only 1 percent of the base is
restricted for that purpose, as the number of breeding pairs of the bird
have doubled in the past ten years. The Marines attribute the success of
its conservation efforts to its partnership with FWS, the State of North
Carolina, academic experts, and environmental advocacy groups.

# Fort Bragg, North Carolina

Fort Bragg contains important habitat for the red-cockaded woodpecker,
enabling the base to proudly claim that "this single species has
survived because of the havens provided by our installations' training
land and ranges." Working with the Nature Conservancy and others, DOD
has created buffers around its installations and training areas,
lessening restrictions on training while enabling the endangered
red-cockaded woodpecker to move closer to recovery.

DOD has successfully worked with the ESA to achieve its military
readiness objectives while conserving imperiled species. Please ask your
lawmakers to oppose any proposals that exempt DOD from the ESA and other
environmental laws!

*For more information, contact Corry Westbrook, Legislative
Representative, National Wildlife Federation, at 202-797-6840,
westbrook@nwf.org.*