standing for the injunction suit as well. That authority came under the Coastal Zone Management Act (CZMA), and the Marine Mammal Protection Act (MMPA). The decision, however, was not a total victory for the city of Sausalito. The court rejected the city's claims under the NPS Organics Act and the Concessions Management Improvement Act (CMIA) and the Migratory Bird Treaty Act (MBTA). The court rulings on the other statutory claims are as follows: ESA: The law requires consulting the USFWS or National Marine Fisheries Service if federal activities might result in a taking. The 9th Circuit held that the NPS had consulted with USFWS as well as the NMFS during the evolution of the Fort Baker plan. Furthermore, the court held that the NPS had incorporated mitigation measures as recommended by the NMFS for salmonids and by the USFWS for the Mission blue butterfly into their final Environmental Impact Statement (EIS). They had complied with the Endangered Species Act. MMPA: The MMPA prohibits the taking of endangered or threatened species. The city argued that the National Park Service (NPS) failed to secure appropriate permits for takings as a result of construction activities associated with the Fort Baker plan. Since neither party had fully covered this issue in district court the 9th Circuit remanded the claim for an initial ruling on its merits. MBTA: Under this law it is unlawful to hunt, kill, or capture a migratory bird. There is an exception to this law and it revolves around habitat destruction. Habitat destruction does not effect a taking under the MBTA. The court ruled that the NPS did not have to seek MBTA authorization. This is because birds will only be distributed through habitat modification. CZMA: The coastal management program for the San Francisco Bay Area, federally approved, allows limited commercial recreational facilities within waterfront parks. They must be incidental to park use and not restrict public access to the bay, however. Both federal and state coastal management plans must be consistent with each other under CZMA. The "Bay Commission" determined that the NPS' Fort Baker plan was consistent with the Bay Plan. The city of Sausalito claimed that the Bay Commission's consistency determination did not satisfy the CZMA. The court concurred with the city on this point. It held that the NPS' consistency determination was based on improper ground, a general insufficient funding claim. The court remanded this claim, under