§8635 Establishment of the Southern Sea Otter Military Readiness Areas

Summary

The Secretary of the Navy must create areas called “Southern Sea Otter Military Readiness Areas” for national defense. One area must cover Naval Base Ventura County, San Nicolas Island, Begg Rock, and the nearby waters inside 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′. Another area must cover Naval Base Coronado, San Clemente Island, and the waters running parallel to shore out to 3 nautical miles from the high tide line as designated in part 165 of title 33, Code of Federal Regulations, on May 20, 2010 (the San Clemente Island 3NM Safety Zone). In those areas, Sections 4 and 9 of the Endangered Species Act (16 U.S.C. 1533, 1538) and Sections 101 and 102 of the Marine Mammal Protection Act (16 U.S.C. 1371, 1372) do not apply to the accidental harming (“incidental taking”) of southern sea otters during military readiness activities. For military readiness activities, any southern sea otter in the areas is treated under section 7 of the Endangered Species Act as if it were part of a species proposed for listing. No law requires moving sea otters out of the areas. The Secretary of the Interior can change or stop the exceptions above if, after talking with the Navy, those military activities are harming otter recovery or keeping them from reaching an optimum sustainable population. The Navy must do monitoring and research, consult with the Fish and Wildlife Service on methods, and report to Congress and the public by November 25, 2017, and every three years after. Definitions included: “southern sea otter” = Enhydra lutris nereis; “take” = meaning given in the ESA or MMPA as applicable; “incidental taking” = a take that is accidental and not the purpose; “military readiness activity” = the meaning in section 315(f) of the Bob Stump NDAA for FY 2003 and includes combat-related training and testing; “optimum sustainable population” = the number of animals that gives the best long-term productivity, considering habitat and ecosystem health.