We, Japan Environmental Lawyers Federation (JELF), are opposing to a new alternative plan, agreed at the meeting of Security Consultative Committee, to relocate U.S. Marine Corps Futnema Air Station to the Henoko reef and Oura Bay , Nago city, Okinawa , Japan .

We are concerned the new plan will cause serious damages on the natural environment of Henoko waters and Oura Bay and the daily lives of local residents will be threatened by noise pollution. JELF, composed of 500 Japanese environmental lawyers, strongly urge that the both governments should withdraw the new proposal and instead commit to protect the rich natural environment.

The government of Japan and the U.S. gave up the plan to construct the replacement facility on the waters off Henoko based on the SACO agreement due to strong protests from citizen groups and environmental organizations including JELF. However, both governments reached an unofficial agreement to construct a military airport with 1800 meter long (with a 1600 meter runway) on October 27 th , 2005.

The Okinawa dugong population, which exists in the north limit of the world, is now on the verge of extinction. The last remaining dugongs survive only in the waters around the main land of Okinawa .

The Okinawa dugong, an endangered species, should be protected domestically and internationally. In Japan , Okinawa dugongs are under the protection of the Cultural Properties Protection Act and the Preservation of the Species Act. They are also protected by the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA) in the United States .

In addition, the World Conservation Union (IUCN) adopted recommendations to the governments of Japan and the United States on Okinawa dugongs protection in 2000 and 2004. The United Nations Environment Program (UNEP) also recommended Japanese government to take urgent conservation activities in its dugongs conservation report 2002.

Under these conditions, environmental advocates from the United States and Japan , including JELF, with a legal collaboration of the Earth Justice Legal Defense Fund filed a U.S. lawsuit to stop the original project in September 2003. The lawsuit asks the US Department of Defense to comply with the NHPA by publicly assessing the impacts of the proposed project on the Okinawa dugong in consultation with Okinawan communities. The case is currently being heard in US Federal District Court in San Francisco .

According to the newly agreed plan, the substitute airport will occupy a part of the peninsula now hosting US Marine Camp Schwab, as well as a portion of reclaimed marine habitat on either side of the peninsula. Therefore, this plan would bring environmental problems to both sides, Henoko and Oura.

There are large scale of seagrass beds in Henoko Bay , where is a significant habitat of the dugongs. Oura Bay is a home to a kind of Halophila and other valuable seagrasses. It is also famous for its beautiful coral reef and is the spot where the largest number of dugongs have been eye witnessed. Some dugongs were witnessed until very recently

These options ignore the recommendations and warnings from the international authorities and environmental NGOs. They are serious infringement upon the common asset of human kind.

The US government has asserted repeatedly that US Forces will not be stationed where it is not welcomed. If what the government says is true, US Marine should not relocate to Henoko and Oura Bay because local residents and local governments of Nago city and Okinawa prefecture are all against the relocation plan.

JELF calls for the suspension of any relocation plans involving Okinawa dugongs and Henoko. We also request the governments to set up a dugong sanctuary and outline a dugong conservation plan based on the IUCN recommendation.

Best regards,

Takeji Fujiwara

Administrative Director

Japan Environmental Lawyers Fderation