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National Marine Committee
Marine Mammals

Action Alert on Defense Authorization legislation and the MMPA

Congress will be meeting shortly after the August recess to discuss the Marine Mammal Protection Act (MMPA) in the context of the Department of Defense authorization bill for next year. An agreement to significantly weaken the act with respect to activities of the Department of Defense (DOD) is very possible so your immediate assistance is critically needed.

Background

The MMPA is our nation's keystone law for the protection of whales, dolphins, sea otters, seals, sea lions, polar bears, and walrus. Enacted in 1972, and amended most recently in 1994, this act is designed to mitigate human impacts on marine mammals. Its goal is to protect these species "commensurate with sound polices of resource management" in order "to maintain the health and stability of the marine ecosystem."

The House of Representatives-passed version of the Defense authorization bill includes dangerous broad exemptions from the MMPA. The Senate-passed version, which Sierra Club supports, contains no exemptions from the MMPA. The differences between the House and Senate versions must be reconciled in conference and we need your help to ensure the Senate version is approved.

Your Senator has an important role to play supporting our nation's marine mammals through this process. Thousands of concerned ocean activists have already submitted letters to their Congressional Delegation on this issue. Timely calls, letters or visits from committed constituents like you during the month of August may be enough to ensure the important protections of MMPA continue well into the future.

Key Senators in this process include Snowe and Collins of Maine, Warner of Virginia, McCain of Arizona, Akaka of Hawaii, and Levin of Michigan. A list of the Senate and House conferees appears at the end of this alert.

What you can do

Please visit your legislator's field office, phone, or fax your comments on the MMPA and the Defense Authorization bill DURING AUGUST 2003.

  • Thank the Legislator (or his or her staff) for previous support for the MMPA and ask that they continue to strongly support the current Senate version of the DOD Authorization Bill, which does not provide any exemptions to the Marine Mammal Protection Act.
  • You believe the military has not made a good case for their requests (There has never been an occasion when the military has been unable to carry out a program because of environmental restrictions, and the Defense Secretary has the authority to declare an emergency that provides an exemption from such laws.)

  • You believe these complex issues should be addressed through the proper process - -reauthorization of the MMPA by the Commerce Committee through the Oceans, Fisheries, and Coast Guard Subcommittee, the committee of jurisdiction, and not tacked onto legislation relating to the Defense Department.

Additional background for talking points:

  • As your constituent, I urge you to oppose any environmental exemptions in the Department of Defense Authorization Act. I believe our nation's environment laws should apply to all Americans, in all of our endeavors and I do not believe we need to weaken conservation laws to have a strong national defense.

  • I am particularly concerned that the House version of the Department of Defense Authorization Act exempts the DoD from key provisions of the Marine Mammal Protection Act (MMPA). The proposed changes would significantly weaken the MMPA by modifying the definition of "harassment;" providing new authority for blanket exemptions from the MMPA; and eliminating existing restrictions on the number of, and geographic areas in which marine mammals may be harassed or injured as a result of military activities.

  • Our current regulations provide for case-by-case determinations to ensure that both military readiness and environmental protections are achieved. Instead of enacting broad legislative changes to the MMPA, I urge you to encourage federal agencies to make better use of the existing provisions by increasing current staffing and funding levels and improving coordination and communication among those agencies.


    Senate and House conferees on the Defense Authorization Bill

    SENATE DEFENSE AUTHORIZATION BILL CONFERENCE COMMITTEE MEMBERS:

    Senator John Warner (R-VA)
    Senator John McCain (R-AZ)
    Senator James Inhofe (R-OK)
    Senator Pat Roberts (R-KS)
    Senator Wayne Allard (R-CO)
    Senator Jeff Sessions (R-AL)
    Senator Susan Collins (R-ME)
    Senator John Ensign (R-NV)
    Senator James Talent (R-MO)
    Senator Saxby Chambliss (R-GA)
    Senator Lindsey Graham (R-SC)
    Senator Elizabeth Dole (R-NC)
    Senator John Cornyn (R-TX)
    Senator Carl Levin (D-MI)
    Senator Edward Kennedy (D-MA)
    Senator Robert Byrd (D-WV)
    Senator Joseph Lieberman (D-CT)
    Senator Jack Reed (D-RI)
    Senator Daniel Akaka (D-HI)
    Senator Bill Nelson (D-FL)
    Senator Ben Nelson (D-NE)
    Senator Mark Dayton (D-MN)
    Senator Evan Bayh (D-IN)
    Senator Hillary Clinton (D-NY)
    Senator Mark Pryor (D-AR)

    HOUSE DEFENSE AUTHORIZATION BILL CONFERENCE COMMITTEE MEMBERS:

    Committee on Armed Services:

    Rep. Duncan Hunter (R-CA)
    Rep. Curt Weldon (R-PA)
    Rep. Joel Hefley (R-CO)
    Rep. Jim Saxton (R-NJ)
    Rep. John McHugh (R-NY)
    Rep. Terry Everett (R-AL)
    Rep. Roscoe Bartlett (R-MD)
    Rep. Howard McKeon (R-CA)
    Rep. William Thornberry (R-TX)
    Rep. John Hostettler (R-IN)
    Rep. Walter Jones Jr. (R-NC)
    Rep. Jim Ryun (R-KS)
    Rep. James Gibbons (R-NV)
    Rep. Robin Hayes (R-NC)
    Rep. Heather Wilson (R-NM)
    Rep. Ken Calvert (R-CA)
    Rep. Ike Skelton (D-MO)
    Rep. John Spratt (D-SC)
    Rep. Solomon Ortiz (D-TX)
    Rep. Lane Evans (D-IL)
    Rep. Gene Taylor (D-MS)
    Rep. Neil Abercrombie (D-HI)
    Rep. Marty Meehan (D-MA)
    Rep. Silvestre Reyes (D-TX)
    Rep. Vic Synder (D-AR)
    Rep. Jim Turner (D-TX)
    Rep. Loretta Sanchez (D-CA)


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