Makua to get full review
By William Cole
Advertiser Military Writer
With the Earthjustice Legal Defense Fund threatening a lawsuit, the Army yesterday said it will "formally consult" with the U.S. Fish and Wildlife Service over a July 22 fire at Makua Military Reservation.
The environmental group sent a letter yesterday on behalf of community group Malama Makua saying it would sue if the Army failed to consult. Earthjustice called the fire "catastrophic."
Whether the Army can return to live-fire training in the Wai'anae Coast valley before the first of two brigades deploys to Afghan-istan in February is in doubt.
Following the 900-acre "controlled burn" that got out of control and scorched 2,100 acres in the valley many Hawaiians consider sacred, Earthjustice said the Army was legally obligated under the Endangered Species Act to formally consult with Fish and Wildlife to develop a new habitat protection plan.
But the Army had agreed only to "informal" consultation, which is intended to provide quick solutions, and is limited to situations where the activity "is not likely to affect endangered species."
Earthjustice said the July 22 fire destroyed at least 71 individual endangered plants and 150 acres of critical habitat — area essential to species recovery — for the endangered O'ahu 'elepaio bird and endangered plants.
The Army said less than 10 percent of 'akoko plants, one percent of the nehe, and less than one percent of the kului'i in Makua Valley were burned.
After being told of the Army's decision Earthjustice attorney David Henkin said, "This is the first I've heard that they plan to consult formally. Every response I've gotten up till now is, 'We hear you, and we'll get back to you.'
"We would be pleased with the outcome if, without the need for litigation, the Army initiated formal consultation and put in place the guarantees necessary to ensure that they will not have fires or other destructive activities until they get their house in order and figure out how they are going to adequately protect the species at Makua."
As part of formal consultation, Henkin said the Army should not engage in activities that could start another fire, and the community group could seek an injunction to prevent live-fire training because it has sparked fires before.
"If there are circumstances where the risk of fire is zero, they can train," Henkin said.
Yesterday, Army officials said no schedule for Makua has been developed, but the hope is that soldiers can return to the valley for live-fire training before 3,500 soldiers from the 2nd Brigade Combat Team deploy to Afghanistan in February.
The formal review the Army has agreed to includes a 90-day consultation period with Fish and Wildlife and 45 additional days for the agency to issue a habitat report with steps to protect species. That means the review could extend through January.
The Endangered Species Act requires any federal agency, including the Army, to ensure that its actions will neither push a species to extinction nor destroy critical habitat. Henkin said the valley and adjoining areas are home to 45 at-risk plants and animals.
In 1998, following a string of training-related fires in Makua Valley, Earthjustice served notice it intended to sue the Army to force it to complete the first such comprehensive review for species protection.
After a Marine training accident involving mortars subsequently burned 800 acres, the Army agreed to the habitat-protection study and training was stopped. Two lawsuits followed, and the Army did not return to training in Makua until 2001.
Reach William Cole at 525-5459 or wcole@honoluluadvertiser.com.
