RE: NDAA – PLEASE VOTE NO ON 23. BIGGS ANTI-ESA AMENDMENT #441

The Department of Defense has long worked with the expert wildlife agencies to ensure it meets its obligations under the ESA while still maintaining military readiness. [...] • The amendment prohibits the Secretary from designating as critical habitat any military installation or National Guard installation, or any other lands or waters designated for use by the Defense Department – including defense contractors – that the Secretary of Defense deems necessary for training, weapons testing or any other reason. [...] • The amendment also exempts the Secretary of Defense from consulting under Section 7(a)(2) of the ESA to ensure that Defense Department actions do not jeopardize the continued existence of an endangered or threatened species or result in destruction of critical habitat for such species (regardless of whether the area in question is subject to an integrated natural resources management plan under. [...] • Finally, the amendment exempts military personnel – including contractors and even employees of non-military agencies – engaged in national defense-related operations, including research, weapons testing, training, and any action the Secretary of Defense deems necessary to support the Defense Department’s mission, from the prohibitions on taking endangered species in Section 9 of the ESA. [...] This amendment would thus carve a huge and needless loophole in the ESA for all manner of military activities, including activities of a multitude of industrial contractors and subcontractors, exposing endangered and threatened species to unrestricted harm and possible extinction.