[va-bird] Navy position on birds

See Denise Ryans post copied below.  For the record, although I am no fan of 
the Navy's litigation position in the case involved, the Navy was not the 
author of this argument (that killing birds is a boon to birdwatchers as it 
will make the species rarer and more exciting to see).  My recollection is 
that some group filed a "friend of the court" (amicus curiae) brief that 
largely addressed technical issues, such as the plaintiff's standing to bring 
the case in the first place.  They made this argument (I believe in a 
footnote).  The well-meaning Department of Justice lawyer representing the 
Navy stated that the government agreed with and adopted the argument of 
amicus.  Technically, that meant he adopted the ridiculous argument in the 
footnote, which was not his intent.  Sloppy and embarassing, perhaps, but not 
evil.

FYI, the reason that I know this is that I represented the FWS in discussions 
within the government about this case (which FWS is not a party to, but has 
an obvious interest in).  Also FYI, the case is about to be mooted out by 
legislation.  The Defense Authorization bill approved by Congress, and soon 
to be signed by the President (I assume), included language that exempts 
military readiness activities from the MBTA for one year.  It also instructs 
FWS to promulgate a regulation to authorize incidental take thereafter.  DoD 
must concur with the substance of the regulation.

Ben Jesup

<<Earlier this month there was a posting asking for activism on birds 
regarding the military. I was disturbed to read this LA Times article 
yesterday with a terrible quote about the Navy's consideration of birds and 
bird watchers. The quote is below and a link to the article is at the bottom 
of the page. I don't think it is the best written article I've ever seen, but 
it conveys the sentiment that I think is felt by the current administration. 
I am sure there are scores of wonderful folks in the Navy and other branches 
of our defense that love birds and all things wild, but the orders come from 
the top and not the rank and file. Bird Activists should go for it. To do so 
in writing is better than email. 
************************************
Yet that's no excuse for this. Not for the inflammatory, 
rub-their-noses-in-it statement offered recently in a court case brought by 
the Center for Biological Diversity. In a feather-brained brief, the 
administration argued that conservationists should consider the upside of 
bird deaths at a remote Navy live-fire range. "Bird-watchers get more 
enjoyment spotting a rare bird than they do spotting a common one." Besides, 
the government added, Navy bombardment keeps away people who might otherwise 
disturb the birds. >>


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