Okinawa Dugong Report
Japan Environmental Lawyers Federation (JELF)
3rd Floor, Parkside Building
1-12-12 Saijo, Nishi-ku, Nagoya
Tel: 052-528-1560
Fax: 052-528-1561
Email: lawyer-kago@green-justice.com
Takaaki Kagohashi, Attorney
I. Overview
1. Summary
1) Because of the damage caused by Futenma Marine Corps Air Station
in Okinawa to the surrounding area, its relocation has long been high on
the political agenda. Beginning in 1995 the movement opposing the base gained
momentum, and the governments of Japan and the US responded by agreeing
to close Futenma Air Station on the condition that a replacement facility
would be provided at a new location. To replace the current base they decided
to build a sea-based facility in the Henoko area of Nago City, Okinawa Prefecture.
2) The sea offshore of Henoko is a thriving marine environment characterized
by a subtropical climate and much coral, and it is home to the nearly extinct
dugong. Base construction would not only deprive the dugongs of their habitat,
but also stress them with noise, light, and other disturbances, and pollute
the ocean. Other adverse impacts are also expected.
In addition to dugongs, this area is habitat for the loggerhead turtle
(Caretta caretta), the green sea turtle (Chelonia mydas), and the hawksbill
turtle (Eretmochelys imbricata). We oppose base construction in order to
protect the dugongs.
3) Okinawa's dugongs are designated an endangered species and subject
to protection under the US Endangered Species Act. We intend to use the
ESA to protect Okinawa's dugongs.
II. Base Overview
1. Runway
1) Runway
a) The Futenma Marine Corps Air Station Replacement Facility (below, "replacement
facility") will have one runway.
b) The runway will have a true bearing of about N 55｡ E.
c) The runway will be 2,000 m long.
2) Size and Configuration
a) The replacement facility main section will have a maximum area of about
184 ha.
b) The replacement facility's main section will be roughly rectangular,
about 2,500 m long and about 730 m wide.
2. Construction Method
Construction will be achieved by land reclamation.
3. Precise Location
The replacement facility will be located so that the shortest distance
from the center of Henoko Village (the Henoko Police Box) to the center
line of the runway will be about 2.2 km, and the shortest distance from
the island of Hirashima to the replacement facility's main section will
be 0.6 km. A final decision will be made on the location in accordance with
considerations of design based on a survey of seabed topography, an environmental
impact assessment, and other factors.
III. Okinawa's Dugongs
4. The dugong (Dugong dugon) is a marine mammal growing to a maximum length
of 3 m, and weighing up to 400 kg. Normally it lives in shallow areas under
30 m deep, and it eats mainly a seagrass called Ryukyu amamo (Cymodocea
serrulata). It moves slowly, is estimated to live about 70 years, and reaches
reproductive age in about 15 years. A female will bear one young every three
to five years, and nursing of young lasts as long as 18 months. Dugongs
belong to the order Sirenia, which also includes the manatees. Dugong habitat
covers the tropics and subtropics from the Indian Ocean to the western Pacific,
and coastal areas from eastern Africa to the islands of Vanuatu.
5. Japan's dugongs live at the northern extremity of dugong habitat. Okinawa's
oral tradition, the discovery of bones, and other evidence suggest that
in the past many dugongs lived south of Amami Oshima Island, but now there
is a population of only a few dozen individuals near Henoko, central Okinawa.
This population is isolated from other north Pacific populations. Some experts
observe that Japan's dugongs could be genetically different from the populations
of other areas. Experts warn that Japan's dugongs will become extinct unless
aggressive protection measures are enacted. The main reasons for the extinction
crisis threatening dugongs are indiscriminate coastal fixed shore nets and
gill netting, and reckless coastal development.
6. Okinawa is subtropical and blessed with a diverse natural environment
that has been devastated by WWII bombing, post-reversion public works, logging
for pulp chips, and other causes. It is even said that at least 95% of the
coral around Okinawa's main island is dead. The crisis of extinction facing
Okinawa's dugongs is also a crisis for Okinawa's natural environment.
To make matters worse, there are plans afoot to build a US military
heliport in the Henoko Sea near Nago City, which is vital habitat for Okinawa's
dugongs. There are coral reefs near the planned heliport site, and there
are beds of seagrasses including Ryukyu amamo inside the reefs and off the
coast south of Henoko Cape. The seagrass species found include Ryukyu sugamo
and Ryukyu amamo, which are widely distributed near the Okinawan islands.
Amamo is an important dugong food source.
7. A report by a group of researchers says that in the daytime Okinawan
dugongs are not seen because they go out to sea, while at night they move
in to the coast to eat amamo and other grasses. This peculiar behavior is
likely the reason that the Okinawan dugongs have not been observed for long.
The offshore heliport is to be about 2,500 m long and about 750 m wide.
In addition to the runway there will be support facilities including a control
tower, hangars, maintenance facilities, and warehouses. This offshore facility
is to serve both military and civilian uses. It will be built by reclamation
over the reef. Because dugongs move across the area slated for heliport
construction, the base will diminish the dugongs' habitat, and this has
generated concerns about adverse impacts on the dugongs. Another problem
is the adverse impacts of base noise and light, and of hazardous pollutants
that would be emitted from the base.
IV. Concerted Action by the US
1. Course of Events
Sep 4, 1995 Rape of girl in Okinawa, which fuels base opposition movement.
Nov 1995 Special Action Committee on Okinawa (SACO) established.
Aug 1997 SACO Final Report released. Four conditions, including construction
of a replacement heliport, were given for the return of Futenma Air Station.
1997 Nago City referendum, in which a majority voted against permitting
the heliport. In response, then Governor Ota indicated his opposition to
the Henoko base.
Nov 1999 Governor Ota loses the election, and his successor, Keiichi
Inamine, announces he will accept base relocation.
Dec 1999 Nago City assembly votes to encourage base relocation, and Mayor
Tateo Kishimoto announces that the city will accept the base.
2. SACO Developments
Jan 31, 1997 Futenma Implementation Group (FIG) established.
Mar 3, 1997 Meeting of the FIG "Coordination and Oversight Committee"
on the occasion of a mini-SSC meeting (US Naval Academy, Annapolis).
May 20, 1997 Mini-SSC meeting (National Defense University).
Oct 20, 2000 FIG meeting.
3. Replacement Facility Council
The Replacement Facility Council is a body that makes decisions in Japan
on the Henoko base issue. Its members include people from the Japanese government,
Okinawa Prefecture, and Nago City, but not from the US government.
Aug 25, 2000 First Replacement Facility Council meeting.
Oct 3, 2000 Second Replacement Facility Council meeting.
Jul 29, 2002 Third Replacement Facility Council meeting. Council decides
on draft of basic plan for the Futenma Air Station replacement facility.
4. Agencies and Procedures Associated with the Futenma Air Station Relocation
1) SACO Agreement
On September 4, 1995 in Okinawa Prefecture US servicemen raped a Japanese
girl. This led to a groundswell of Japanese sentiment against US bases that
pressured the Japanese and US governments to take action, and in November
1995 they created the Special Action Committee on Okinawa (SACO) as an body
to consider how to respond. SACO comprised, from Japan, personnel from the
Ministry of Foreign Affairs and the Defense Agency, and from the US, people
from US Forces in Japan, the Defense Department, and the State Department.
SACO determined the final proposal for relocating Futenma Air Station. Futenma
relocation and the construction of the Henoko base are to proceed in accordance
with the SACO agreement.
2) Two Decision-making Streams Related to the Construction Process
The base construction process involves two decision-making procedures.
One procedure is headed by the Security Subcommittee (SSC), which decides
on the specific processes for base construction. These are, for example,
the base's position, structure, and the relocation of units, equipment,
and the like.
The other procedure is to ensure that the base is legal under treaties
between Japan and the US. It has legal authority when recognized by the
Japan-US Joint Committee (JC), a body under the US-Japan Security Treaty.
3) FIG
FIG is the venue for working-level discussions to implement the SACO
agreement.
FIG decisions are approved by the SSC and then become finalized. The
Japanese and US governments are to follow the SSC-determined process in
making their preparations for building the replacement facility.
4) Japan-US Joint Committee
US military bases in Japan are provided to US forces pursuant to the
US-Japan Security Treaty and the Status of Forces Agreement (SOFA). The
specifics of base provision are fleshed out by agreements made by the Joint
Committee pursuant to SOFA Article 2. The Joint Committee is independent
of the SSC.
5. US Government Involvement in Henoko Base
1) Problems
The base is to be provided to the US military after Japan's government
builds it. Because the ESA applies to base construction due to the US government's
involvement, the specifics and extend of US government involvement in base
construction are at issue.
2) The Significance of US Involvement
Because the base will be provided for US military use, it will not be
built unless the US government first decides on base position, structure,
how it will be used, and other attributes. Japan's government uses the term
"operational requirements" for the base's required functions, mode of operation,
and other characteristics, and it has stated repeatedly that it will build
the base in accordance with US operational requirements. "Operational requirements"
is therefore a keyword in weighing US government involvement.
This report shows that although Japan's government will build the base,
the specifics and method of construction are determined by US government
decisions and agreements by the US and Japanese governments based on those
decisions.
3) Ministry of Foreign Affairs Documents
a) Creation of FIG [1]
Pursuant to the SACO Final Report, the Japanese and US governments on
January 31, 1997 created the FIG as a joint Japan-US working group on building
a replacement facility in conjunction with the return of Futenma Air Station.
FIG consists of the Coordination and Oversight Committee and panels
for each field, established under the committee as necessary. The committee
comprises, from Japan, the deputy director-general of the Foreign Ministry's
North American Affairs Bureau and a defense councilor from the Defense Agency
(who are joint chairmen), and officials from the Ministry of Foreign Affairs,
Defense Agency, Defense Facilities Administration Agency, Joint Staff Office,
and other agencies, and from the US, deputy assistant secretary of defense
(chairman) and officials from the Joint Chiefs of Staff, Pacific Command,
US Forces in Japan, and the US Embassy in Japan. Panels comprise people
in various fields from both governments, who work out the details in their
respective fields.
FIG activities comprise those of the Coordination and Oversight Committee,
which performs FIG decision-making, and coordinates and supervises panel
activities, while the panels discuss the details concerning problems of
operational requirements, technologies, equipment/construction, and other
areas. In dealing with everyday communications, coordination, and other
tasks, meetings of the Coordination and Oversight Committee are held when
the occasion demands, with director-level personnel as acting chairmen for
both governments (from Japan, the Foreign Ministry and Defense Agency; from
the US, the Headquarters, US Forces Japan). At critical junctures, chairmen
from both countries attend meetings of this committee and directly serve
in their capacities. FIG is under SSC supervision.
FIG performs its duties with the JC, a consultative body based on SOFA
Article 25, and was to prepare an implementation plan no later than December
1997. In accordance with this plan, FIG is to supervise the design, construction,
and testing of the new base, and the relocation of units, armaments, and
other items upon gaining authorization from the Security Consultative Committee
(SCC) and in cooperation with the JC. It is also supposed to periodically
report the status of the work to SCC.
b) FIG Deliberations
Having created FIG, the Japanese and US governments began in mid-February
1997 to establish subcommittees and carry out working-level coordination
of the tasks assigned to FIG. On March 3, 1997 a meeting of the FIG Coordination
and Oversight Committee was held. In addition to noting the state of negotiations,
the Japanese delegation gave a detailed explanation of the state of negotiations
with the local community regarding the on-site survey off the coast of Camp
Schwab, and noted that even though the survey could not be performed at
that time, it was important that US operational requirements (details on
the base's required functions, concept of base operation, and other matters)
be clearly defined. Both governments were of the opinion that an Operational
Requirements Subcommittee would be created. [1]
On May 20 vice ministerial-level diplomat and defense authorities talks
(Mini-SSC meeting) were held at National Defense University in the US, and
there was an explanation from the Japanese delegation on the state of SACO
implementation in Japan. With regard to relocating Futenma Air Station,
the explanation touched on matters including the negotiations with the local
community, which will lead to permission to perform a basic survey for a
sea-based facility (SBF), and arrangements were made to prepare an implementation
plan by the end of December based on specific operational requirements and
other information set forth by the US military. [2]
FIG subsequently met in Tokyo on September 9 and October 17 of that
year, but what transpired is unknown because a request for disclosure of
the documents was met with refusal. Formulation of a basic plan, which had
been scheduled for December 1997, was postponed.
c) FIG Resumption
FIG did not meet for a time, but the September 2000 Japan-US Security
Consultative Committee (the so-called "2+2") reached an agreement to resume
FIG meetings in the near future, and a FIG meeting was held at the Pentagon
in Washington on October 20, 2000.
The Japanese delegation noted that the Replacement Facility Council
had been established, and that Nago City Mayor Tateo Kishimoto had at the
first meeting of the council requested an environmental study on dugong
policy. It was also reported that the Defense Facilities Administration
Agency was to soon initiate a preliminary study in accordance with that
request, and US cooperation and understanding were sought. Concerning operational
requirements, the delegations agreed that Japan and the US would maintain
close talks based on progress made in council discussions, and in parallel
with them.
At a subsequent press conference, delegates expressed the highly interesting
view on FIG's purpose as a venue "for Japan and the US to develop a relocation
plan." [1]
d) Significance of Japan-US FIG Talks
As shown above, in a number of FIG meetings it was established that
the implementation plan for a facility to replace Futenma Air Station would
not be finalized until the US set forth definite operational requirements.
Thus US operational requirements are an essential element for base relocation.
It is impossible for Japan to develop a replacement facility implementation
plan while ignoring US operational requirements, meaning that a Futenma
relocation plan cannot happen without US involvement.
4) Ninth Replacement Facility Council Meeting
On July 29, 2002 the Replacement Facility Council held its ninth meeting,
at which it decided on the size, site, construction method, and other attributes
of the Henoko base.
The Minister of Foreign Affairs stated: "We have been holding close
talks with the US on the size of the facility to replace Futenma Air Station,
and I would like to report that we have confirmation also from the US government
that the size just given by the director-general of the Defense Agency satisfies
the US military's operational requirements."
This shows that US military consent had been obtained before deciding
on the size, location, and other attributes of the Henoko base.
5) US Military Report of September 1997
This was a working-level report on the intensive discussions held by
people from Marine and Navy technical units and other units on the functions
of the SBF and the challenges posed by relocation. The meeting had been
held in Honolulu, Hawaii in August 1997, and the report was prepared at
the beginning of September.
The newspaper Ryukyu Shimpo has obtained an analytical report by the
US military on the SBF that the Japanese and US governments have agreed
upon as the replacement facility for Futenma Air Station, and the report
examines construction of the SBF on the assumption that it will host the
MV-22 Osprey, the Marines' new main aircraft. It also says that base infrastructure
functions must accommodate a 20% increase in unit strength, and that therefore
plan development must proceed by including the possibility for function
upgrading. The report's analysis maintains that nine or 10 years will be
needed at the new base before returning Futenma because of the time needed
for personnel to get accustomed to the SBF, the time needed for aircraft
deployment, and other reasons. Its view is that it will be difficult to
return Futenma within the five- to seven-year time frame envisioned by the
Japanese and US governments.
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