Military Readiness and Southern Sea Otter Conservation Act - Directs the Secretary of Defense (DOD) to establish Southern Sea Otter Military Readiness Areas for national defense purposes (thereby conserving the southern sea otter [otter] in such Areas while allowing reasonable military readiness activities). Allows certain incidental otter takings in such Areas in the course of a military readiness activity, while authorizing the Secretary of the Interior to revise or terminate such authorized takings upon determining that the military activities are substantially impeding otter conservation or the return of such otters to optimum sustainable levels.
Directs: (1) the Secretary of the Navy to monitor the Areas, at least annually, to evaluate otter status; and (2) the Secretaries of the Navy and the Interior to report jointly every three years to Congress and the public on such monitoring.
Requires the Secretary of the Interior, upon ending a specified otter relocation and management plan and in planning and implementing recovery and conservation measures to allow for the expansion of otter range, to coordinate and cooperate with: (1) the Secretary of the Navy, (2) the Secretary of Commerce regarding recovery efforts for endangered species, and (3) the state of California in continuing viable commercial harvest of state fisheries.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4043 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4043
To amend title 10, United States Code, to direct the Secretary of
Defense to establish Southern Sea Otter Military Readiness Areas for
national defense purposes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2012
Mr. Gallegly introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on
Natural Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to direct the Secretary of
Defense to establish Southern Sea Otter Military Readiness Areas for
national defense purposes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Readiness and Southern Sea
Otter Conservation Act''.
SEC. 2. SOUTHERN SEA OTTER MILITARY READINESS AND CONSERVATION ACT.
(a) Findings and Purpose.--The Congress finds and declares the
following:
(1) The United States Fish and Wildlife Service--
(A) developed a relocation and management plan for
southern sea otters as authorized by Public Law 99-625
(Nov. 7, 1986, 100 Stat. 3500);
(B) promulgated governing regulations on August 11,
1987 (52 Fed. Reg. 29754), in accordance with section
1(b) of Public Law 99-625; and
(C) has administered the plan since August 1987.
(2) National defense-related activities at San Nicolas
Island have not had adverse affects on southern sea otters, but
continued expansion of the southern sea otter population into
the area designated by Public Law 99-625 as the management zone
may result in national security impacts. Military training
programs evolve, as they are linked to real world events,
necessitating greater flexibility in the types and amounts of
training events the military departments conduct.
(3) Sikes Act Compliant Integrated Natural Resources
Management Plans for military installations in California
adequately address the special management needs of threatened
and endangered species, and provide conservation benefits to
the near shore marine environments through watershed and land-
based management actions.
(4) Public Law 99-625 provided the authority under the
Endangered Species Act of 1973 and the Marine Mammal Protection
Act of 1972 for otters established at San Nicolas Island to be
designated a nonessential experimental population and this
designation should be continued to provide for the flexibility
needed for military readiness requirements guaranteed by Public
Law 99-625.
(b) Purpose.--The purpose of this section is to enhance
conservation of the southern sea otter and its growth toward an optimum
sustainable population while allowing reasonable assurances for
military readiness activities, as defined 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), to continue.
(c) Establishment of the Southern Sea Otter Military Readiness
Areas.--Chapter 136 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2283. Establishment of the Southern Sea Otter Military Readiness
Areas
``(a) Establishment.--The Secretary of Defense shall establish
Southern Sea Otter Military Readiness Areas for national defense
purposes, consisting of--
``(1) 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
``3327.8'/11934.3'
``3320.5'/11915.5'
``3313.5'/11911.8'
``3306.5'/11915.3'
``3302.8'/11926.8'
``3308.8'/11946.3'
``3317.2'/11956.9'
``3330.9'/11954.2';
``(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 C.F.R. part 165 on May 20, 2010, as the San
Clemente Island 3NM Safety Zone; and
``(3) that area that includes Marine Corps Base Camp
Pendleton and the adjacent waters within the following
coordinates:
``Latitude/W. Longitude
``3326.6'/11738.9'
``3321.3'/11745.8'
``3356.2'/11739.7'
``336.5'/11728.5'
``3310.2'/11723.7'
``3311.8'/11723.2'
``3326.6'/11738.9'.
``(b) Activities Within the Southern Sea Otter Military Readiness
Areas.--
``(1) Incidental takings under endangered species act of
1973.--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.
``(2) Incidental takings under marine mammal protection act
of 1972.--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.
``(3) Treatment as species proposed to be listed.--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).
``(c) Removal.--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.
``(d) Revision or Termination of Exceptions.--The Secretary of the
Interior may revise or terminate the application of subsection (b) if
the Secretary, in consultation with, and with the concurrence of, the
Secretary of the Navy, determines that military activities authorized
under subsection (b) are substantially impeding southern sea otter
conservation or the return of southern sea otters to optimum
sustainable population levels.
``(e) Monitoring.--
``(1) In general.--The Secretary of the Navy shall monitor
the Southern Sea Otter Military Readiness Areas not less than
every three years to measure the growth or decline of the
southern sea otter population.
``(2) Reports.--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).
``(f) Relationship to Other Federal Law.--Except as provided in
subsections (a) and (b), nothing in this section shall be construed as
repealing, superseding, or modifying any provision of Federal law.
``(g) Ecosystem Management.--
``(1) Ecosystem management plan.--Consistent with Public
Law 99-625 and the notice and comment provisions of chapter 5
of title 5, the Director of the United States Fish and Wildlife
Service and the Director of the National Marine Fisheries
Service, in cooperation with the Marine Mammal Commission,
shall develop an ecosystem management plan that, for waters off
the coast of California, ensures--
``(A) the recovery of the southern sea otter;
``(B) the recovery of the endangered black abalone
and the endangered white abalone; and
``(C) the commercial harvest of shellfish fisheries
at levels approximating current harvests.
``(2) Assessment of carrying capacity.--The Director of the
United States Fish and Wildlife Service shall, within one year
after the effective date of this section, assess the carrying
capacity of the habitat for southern sea otters, including an
assessment of the impacts of water quality on that carrying
capacity and the causes of water quality degradation.
``(3) Continued implementation of existing plan.--The
Director of the United States Fish and Wildlife Service shall
continue implementing the relocation and management plan for
southern sea otters authorized by Public Law 99-625 (100 Stat.
3500) until the date the management plan and assessment
required under paragraphs (1) and (2), respectively, are
completed.
``(h) Definitions.--In this section:
``(1) Incidental taking.--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.
``(2) Optimum sustainable population.--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.
``(3) Southern sea otter.--The term `southern sea otter'
means any member of the subspecies Enhydra lutris nereis.
``(4) Take.--The term `take'--
``(A) 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
``(B) 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.
``(5) Military readiness activity.--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.''.
(d) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``2283. Establishment of the Southern Sea Otter Military Readiness
Areas.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
Referred to the Subcommittee on Readiness.
Subcommittee Hearings Held.
Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 13.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-606, Part I.
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Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-606, Part I.