Composite Training Unit Exercises and Joint Task ... - Govsupport.us

COMPTUEX/JTFEX EA/OEA Final Chapter 3with the enforceable policies of that approved state management programs. The California Coastal Act(CCA) (California Public Resources Code, sections 3000 et seq.) implements California’s CZMAprogram. The CCA includes policies to protect and expand public access to shorelines, and to protect,enhance and restore environmentally sensitive habitats including intertidal and nearshore waters,wetlands, bays and estuaries, riparian habitat, certain wood and grasslands, streams, lakes, and habitat forrare or endangered plants or animals. Analysis of resources subject to state-enforceable policy underCZMA can be found in both Chapter 7 – Possible Conflicts between the Action and the Objectives ofFederal, Regional, State, and Local Plans, Policies, and Controls, and Appendix O – FederalConsistency with Coastal Zone Management Act.The National Marine Sanctuaries Act (NMSA) (16 U.S.C. § 1431) authorizes the Secretary of Commerceto designate and manage areas of the marine environment with special national significance due to theirconservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or estheticqualities as National Marine Sanctuaries. The primary objective of this law is to protect marine resources,such as coral reefs, sunken historical vessels or unique habitats. The act also directs the Secretary tofacilitate all public and private uses of those resources that are compatible with the primary objective ofresource protection. Sanctuaries are managed according to site-specific Management Plans prepared bythe NOAA National Marine Sanctuary Program (NMSP), within NOAA's Ocean Service. Operationsunder this proposal do not occur within the Channel Islands National Marine Sanctuary or any otherNational Marine Sanctuary, therefore, further analysis is not required.The Magnuson-Stevens Fishery Conservation and Management Act (MSA), (16 U.S.C. § 1801) asamended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), established proceduresdesigned to identify, conserve, and enhance Essential Fish Habitat (EFH) for those species regulatedunder a Federal fisheries management plan. Federal agencies must consult with NMFS on actions thatmay adversely affect EFH, and NMFS must provide conservation recommendations for any Federal orState action that would adversely affect EFH.The Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. § 703) and its amendments implement fourinternational treaties governing the protection of migratory birds. The Act makes it unlawful to pursue,hunt, take, capture, kill, or ship migratory birds except by regulation. The National DefenseAuthorization Act for Fiscal Year 2003 (PL 107-314) authorized exemption of the DoD from the MBTAin the event of the incidental taking of migratory birds during authorized military readiness activities.Section 315 of the Authorization Act provides that, not later than one year after its enactment, theSecretary of the Interior (Secretary) shall exercise his/her authority under Section 704(a) of the MBTA toprescribe regulations to exempt the Armed Forces for the incidental taking of migratory birds duringmilitary readiness activities authorized by the Secretary of Defense or the Secretary of the militarydepartment concerned. The Authorization Act further requires the Secretary to promulgate suchregulations with the concurrence of the Secretary of Defense. The rule would authorize the Armed Forcesto take migratory birds incidental to military readiness activities, subject to certain limitations and subjectto withdrawal of the authorization to ensure consistency with the provisions of the migratory bird treaties.The MBTA required the DoD to take appropriate actions to avoid any unnecessary takings and to monitorthe impact of authorized activities on affected categories of migratory birds. At applicable ranges, theDoD is an active participant in programs to promote and support a partnership role in the protection andconservation of migratory birds and their habitat by protecting vital habitat, enhancing biodiversity, andmaintaining healthy and productive natural systems consistent with the military mission.3-9 February 2007