§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 defense. These areas include the waters around Naval Base Ventura County, San Nicolas Island, and Begg Rock within these coordinates: N. Latitude/W. Longitude 33°27.8′/119°34.3′ 33°20.5′/119°15.5′ 33°13.5′/119°11.8′ 33°06.5′/119°15.3′ 33°02.8′/119°26.8′ 33°08.8′/119°46.3′ 33°17.2′/119°56.9′ 33°30.9′/119°54.2′, and the waters off Naval Base Coronado and San Clemente Island running parallel to shore to 3 nautical miles from the high tide line as designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone. If a southern sea otter is accidentally harmed during military readiness activities in those areas, sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) and sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) do not apply. Sea otters in the areas must be treated for section 7 purposes as if they were members of a species proposed for listing. No law requires removing sea otters from these areas. The Secretary of the Interior, after consulting the Secretary of the Navy, may change or end these exceptions if military activities harm sea otter conservation or their return to optimum sustainable population levels. The Navy must monitor and study effects on sea otters and the near-shore ecosystem, set methods with the Service, and report to Congress and the public by November 25, 2017, and every three years after. Definitions: Southern sea otter — the subspecies Enhydra lutris nereis; Take — meaning as used in the Endangered Species Act or the Marine Mammal Protection Act, as appropriate; Incidental taking — a take that is accidental and not the goal of the activity; Military readiness activity — meaning given in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (16 U.S.C. 703 note) and includes training, operations, and realistic testing of equipment, vehicles, weapons, and sensors; Optimum sustainable population — the number of animals that gives maximum productivity while accounting for habitat limits and ecosystem health.