Regarding the Dugong Population of Okinawa

The Japan Environment Lawyers Federation (JELF) was established in November 1996, and is the only nonprofit, non-governmental lawyers' organization working exclusively for the environment in Japan. We have been making gradual but steady progress by taking legal action and lobbying for wildlife preservation and prevention of toxic contamination. Our members presently number 380 lawyers, We can say that our member lawyers are involved in almost all the environmental issues in Japan.

JELF works to protect Japanese wild life including a population of Dugongs (Dugong dugon) found mainly along the eastern coast of Okinawa Island, a group of subtropical islands under Japanese jurisdiction located south of Korea. This Dugong population is considered to be very small and isolated. Their current year-round distribution is restricted to the east coast of central and northern Okinawa Island. The islands of Okinawa are enclosed by coral reefs, a geography characteristic of Eastern Asia. In and beyond the lagoons enclosed by coral reefs, various types of marine life can be found. This sea life and the colorful coral combine to create a beautiful spectacle. Okinawa dugongs are one of the interesting species of sea life in Okinawa. Dugongs surviving in the Okinawa waters are especially valuable not only because they contribute to the biodiversity of Japanese fauna - they are not found elsewhere in Japan - but also because their habitat adds to the global diversity of the ecosystems in which they live.

The Dugong belongs to the subcategory VU (vulnerable) among the threatened category determined by the IUCN, while the species is listed in Appendix 1 of the CITES, subject to the strictest regulations. (The population offshore of Australia, where Dugongs enjoy a more stable environment, are listed in Appendix 2 of the CITES.) Besides being listed as a Natural Symbol of Japan, the Fishery Agency has designated Dugong as a species of endangered marine fauna. The main area where the Dugongs of Okinawa have been identified is along the eastern coast of Okinawa Island. Most of this coastline has been evaluated as "area where strict nature conservation is needed" (Rank I) in "Guidelines for Nature Conservation" compiled by the Okinawan Prefectural Government. In October, 2000, the IUCN Second World Conservation Congress in Amman, Jordan, adopted a Recommendation for the conservation of Dugongs in Okinawa.

On November 22, 1999, it was announced that a US military airport at Futenma in Okinawa would be relocated to the coastal area of Henoko in Nago City. The proposed facility is a marine air base (heliport), to be built either as a solid structure on piles driven into the seabed, or on pontoons. The proposed heliport, dubbed the "megafloat", would be 1,500 m long and 600 m wide, with the ability to accommodate 2,500 troops and 60 helicopters. Henoko is on the eastern coast of Okinawa Island and the area offshore of Henoko is known to be a good feeding ground and habitat site for Dugongs. Furthermore, they are breed in waters in this vicinity. The construction and operation of a military base in this area may pose a severe threat to the survival of the Okinawa population of Dugongs.

In September of 1995, a group of U.S. soldiers raped an Okinawan schoolgirl. After this incident, demands for the adjustment & reduction of bases by the Okinawan people grew stronger. There was much controversy over the existence of the bases, so in November of the same year, both the U.S. and Japanese governments, inaugurated the Special Action Committee on Okinawa (SACO). In less than 5 months, that is after the conference of then Prime Minister Hashimoto and Walter Mondale, the governments of Japan and U.S. governments an interim report of the SACO committee in which they stated that the restoration of bases, like Futenma Air Base, would be on the condition of their relocation inside Okinawa. Therefore in December, 1996, they released the final report (which is now called `the SACO Agreement'). The most vital aspect of the SACO Agreement is that the Futenma Air Base for the Marine Corps will be returned to civilian use, and that, in compensation, a base will be made available offshore of Camp Schwab, the coastal area of Henoko in Nago City.

We (JELF) presume the military base construction offshore Henoko area is a cooperative action of Japan and U.S. government because Japanese Government never constructs a military base without the accord of the U.S. authorities. The U.S. military has a detail heliport proposal for the Japanese government. We request the governments of Japan and U.S. not to allow any new exploitation of the above marine area or any other new construction activity unless such activities are proved to be harmless to diversity of the ecosystems in waters off of Henoko, especially to Dugongs and their habitats. It should be noted that on the Nagoshi-Abu beach, last year (1999), a Hawksbill Sea Turtle (Eretmochelys imbricata), a rare species of marine turtle, was seen laying eggs.

In addition, under the Endangered Species Act of the United States, the Dugong, the Hawksbill and the Green Sea Turtles are designated as endangered species, and the Loggerhead Sea Turtle as critically endangered. These species are living in the waters off of Henoko. We call on the government of the United States to act in accordance with the Endangered Species Act with respect to construction of a U.S. military base in waters off of Henoko.