§8635 Establishment of the Southern Sea Otter Military Readiness Areas

Summary

The Secretary of the Navy must set up areas called Southern Sea Otter Military Readiness Areas for national defense. One area covers Naval Base Ventura County, San Nicolas Island, Begg Rock and the nearby waters inside these coordinates: 33°27.8′ N / 119°34.3′ W, 33°20.5′ N / 119°15.5′ W, 33°13.5′ N / 119°11.8′ W, 33°06.5′ N / 119°15.3′ W, 33°02.8′ N / 119°26.8′ W, 33°08.8′ N / 119°46.3′ W, 33°17.2′ N / 119°56.9′ W, 33°30.9′ N / 119°54.2′ W. The other area includes Naval Base Coronado, San Clemente Island, and coastal waters out to 3 nautical miles from the high tide line that match the San Clemente Island 3NM Safety Zone designated on May 20, 2010. Certain parts of the Endangered Species Act (sections 4 and 9) and the Marine Mammal Protection Act (sections 101 and 102) will not apply to accidental harm to southern sea otters that happens during military readiness activities in these areas. For section 7 of the Endangered Species Act, otters in the areas during such activities must be treated like a species proposed for listing. The Interior Secretary can change or end these rules if military activities are harming otter conservation. The Navy must monitor and study effects on otter numbers and the near-shore ecosystem, work with the Service on methods, and report to Congress and the public by November 25, 2017 and every three years after. Definitions: southern sea otter = Enhydra lutris nereis; “take” = as defined in the ESA or MMPA; “incidental taking” = accidental take during lawful activity; “military readiness activity” = training and operations as defined in section 315(f) of the Bob Stump NDAA for FY2003; “optimum sustainable population” = the population size that gives maximum productivity while considering habitat and ecosystem health.