Sec. 320. Military readiness and southern sea otter conservation

767 words·~3 min read·/bill/113/hr/1960/eh/section-320·

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Chapter 631 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall establish areas to be known as Southern Sea Otter Military Readiness Areas for national defense purposes. Such areas shall include each of the following: The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following 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′;

That area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by 33 CFR part 165 on May 20, 2010, as the San Clemente Island 3NM Safety Zone. Sections 4 and 9 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 , 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.

Sections 101 and 102 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1371 , 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting military readiness activities. For purposes of any military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ).

Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas as of the effective date of this section or thereafter be removed from the Areas. The Secretary of the Interior may revise or terminate the application of subsection

(b)if the Secretary, in consultation with the Secretary of the Navy, determines that military activities authorized under subsection

(b)are impeding southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels. The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the sea otter population and on the near-shore eco-system. Monitoring and research parameters and methods shall be determined in consultation with the service. Within 24 months after the effective date of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1). In this section: The term incidental taking means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. The term optimum sustainable population means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element. The term southern sea otter means any member of the subspecies Enhydra lutris nereis. The term take — when used in reference to activities subject to regulation by the Endangered Species Act of 1973 ( 16 U.S.C. 1531–1544 ) shall have the meaning given such term in that statute; and when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361–1423h ), shall have the meaning given such term in that statute. The term military readiness activity has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 116 Stat. 2509; 16 U.S.C. 703 note), and includes all training and operations of the Armed Forces that relate to combat, and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use. . The table of sections at the beginning of such chapter is amended by adding at the end the following: 7235. Establishment of the Southern Sea Otter Military Readiness Areas. . Section 1 of Public Law 99–625 ( 16 U.S.C. 1536 note) is repealed.

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