Federal Laws and Applicable Regulations
(also see Chapter 6 - Integrated Natural Resources Mgmt. Plan)
Endangered Species Act
MCAS Miramar provides habitat that supports eleven (11) federally listed threatened and endangered species (2 birds, 3 invertebrates (fairy shrimp and butterfly), and 6 plants). These species are widely distributed throughout the Station. As a result, conservation and compliance with the Endangered Species Act is a primary focus the MCAS Miramar natural resource management program. Section 7 of the Endangered Species Act requires that we consult with the U.S. Fish and Wildlife Service regarding any action that “may affect” a threatened or endangered species.
Guidelines for Preparing Biological Assessments for Section 7 ESA Consultation, MCAS Miramar
Clean Water Act
Section 404, Clean Water Act, requirements for permitting actions that would place dredge or fill material into “waters of the United States”, including wetlands, are of principle natural resources management concern on MCAS Miramar. MCAS Miramar strives to avoid impacts to “waters of the U.S.”. Avoiding impacts to “waters of the U.S.” conserves our resources and avoids the need for lengthy and time-consuming permit processing that delays mission accomplishment.
The Section 404 regulatory program is administered by the U.S. Army Corps of Engineers (ACoE), Civil Works, Regulatory section with oversight by the U.S. Environmental Protection Agency. MCAS Miramar is within the Los Angeles District (ACoE) that has a local regulatory office in Carlsbad, California.
Migratory Bird Treaty Act
The Migratory Bird Treaty Act of 1918 was codified as federal law to implement protective regulations for migratory birds traveling between the United States and Canada. The U.S. Fish and Wildlife Service enforces the MBTA to prevent the unlawful pursuit, hunting, taking, capturing, killing or selling of birds meeting the classification of migratory.
Other Relevant Laws and Executive Policy
Department of Defense, Department of the Navy, and USMC Policy
Operating Procedures for Wildlife Aboard the Installation
Wildlife Problems and Complaints
For issues involving snakes, rodents, rabbits, and insects:
- Call Public Works Trouble Desk at 307-1609/1619.
For issues involving live birds, call the base Wildlife Biologist at 307-6498
- Natural Resources Division guidance for Migratory Birds
- Response for bird nest in vehicles and building
- Nesting Birds SOP
For issues involving land mammals aboard the installation, view the following SOP:
Endangered Species Act, Section 7 Consultation: – The Natural Resources Division staff for the Environmental Management Department processes these consultations on behalf of MCAS Miramar. Action proponents are responsible for ensuring the preparation of documentation needed to support Endangered Species Act consultation. Documentation requirements are described in the Endangered Species Act links above.
Clean Water Act, Section 404 Permitting: The Environmental Management Department processes Clean Water Act permitting applications on behalf of MCAS Miramar. The Natural Resources Division staff assists with Section 404 permitting, and the Environmental Engineering Division staff assists with associated Section 401 Water Quality Certifications. Action proponents are responsible for ensuring the preparation of documentation and/or permit applications needed. The Clean Water Act links above provide information regarding the permitting process and requirements.
Records
Endangered Species Act Consultations (Contact NRD)
Clean Water Act, Section 404 Permits (Contact NRD)