THE U.S. District Court in Washington, D.C. has ordered an immediate and permanent prohibition on all military training exercises on Farallon de Medinilla—a decision that CNMI and Guam officials describe as a major blow to the local economy and national security.
In his final judgment on June 3, Judge Emmet G. Sullivan said military activities on FDM that harm and kill migratory birds violate the Migratory Bird Treaty Act and the Administrative Procedures Act.
Congressman Robert Underwood, D-Guam, said yesterday that the court’s decision “necessitates the fixing of the problem by law,” and he would personally push for the passage of the U.S. House version of the Defense bill.
On May 1, the U.S. House Armed Service Committee included provisions in the Defense bill that would exempt the military from some of the nation’s environmental laws, including the Migratory Bird Treaty Act.
The Senate version of the bill, however, did not include this provision.
“We will go to a conference if not toward the end of July, then in early September. I will be fighting for the House version of the bill to allow the Department of Defense to have incidental taking,” Underwood told Variety.
“I believe that in the end we will prevail. This is not an issue of endangering species, just an aggressive interpretation of the Migratory Bird Treaty Act,” Underwood said.
Senate President Paul A. Manglona, in a separate interview, expressed optimism that the issue will be addressed in the U.S. Congress.
“This is sad news for us, given its impact on businesses and the economy of the CNMI and Guam. I am, however, optimistic that this will be resolved in the Congress,” said Manglona, R-Rota.
The Navy will soon issue an official statement, according to Petty Officer Mike Mitchell of the Navy’s public information office on Guam.
Mike Schadeck, chairman of the Saipan Chamber of Commerce armed forces committee, said the court’s recent decision “is terrible not only to businesses but to the whole CNMI as well.”
“It amazes me that there are people who think that a few birds are more important than people. If the military is not prepared, then we are all in danger,” Schadeck said in a separate interview.
The CNMI government and the Saipan Chamber of Commerce said the presence of the U.S. military has resulted in economic gains for the islands, including the infusion of some $8.9 million into Saipan in 1999 and 2000.
Sullivan’s 30-day preliminary injunction enjoining further military training at FDM resulted from a petition filed by the Center for Biological Diversity, which has expressed concerns about the effects of the military exercises on the island’s marine life.
FDM is the only U.S. live fire training range in the Western Pacific. It has been a training target for bombs, missiles and naval gunfire for the past 30 years.
Rudolfo M. Pua, director of the Emergency Management Office, said the Navy had not advised EMO of any live fire training exercises on FDM, except for the May 25 to 27 bombing activities.
The office of Underwood noted that Sullivan explicitly based his injunction on the reasons he set forth in his May 1 injunction, which the Court of Appeals stayed on the basis that the Navy would likely succeed on the merits of their arguments against that injunction.
Underwood’s office said the U.S. Department of Justice intends to file a request for an emergency stay of the injunction pending appeal.
Joseph E. Duenas, a staff of Underwood, said the next round of training on FDM is scheduled for June 17.
“The Navy plans to also file a notice of appeal of the final order along with the request for an emergency stay,” he said.
