I 
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 Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To amend title 10, United States Code, to direct the Sec-
retary of Defense to establish Southern Sea Otter Mili-
tary Readiness Areas for national defense purposes, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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 Serv-
ice— 
(A) developed a relocation and manage-
ment 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 ac-
cordance with section 1(b) of Public Law 99– 
625; and 
(C) has administered the plan since Au-
gust 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 des-
ignated by Public Law 99–625 as the management 
zone may result in national security impacts. Mili-
tary training programs evolve, as they are linked to 
real world events, necessitating greater flexibility in 
the types and amounts of training events the mili-
tary departments conduct. 
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(3) Sikes Act Compliant Integrated Natural Re-
sources Management Plans for military installations 
in California adequately address the special manage-
ment 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 des-
ignation should be continued to provide for the flexi-
bility needed for military readiness requirements 
guaranteed by Public Law 99–625. 
(b) PURPOSE.—The purpose of this section is to en-
hance conservation of the southern sea otter and its 
growth toward an optimum sustainable population while 
allowing reasonable assurances for military readiness ac-
tivities, as defined in section 315(f) of the Bob Stump Na-
tional 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, 
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United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 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 fol-
lowing 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′; 
‘‘(2) that area that includes Naval Base Coro-
nado San Clemente Island and the adjacent and sur-
rounding waters running parallel to shore to 3 nau-
tical miles from the high tide line designated by 33 
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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 
‘‘33°26.6′/117°38.9′ 
‘‘33°21.3′/117°45.8′ 
‘‘33°56.2′/117°39.7′ 
‘‘33°6.5′/117°28.5′ 
‘‘33°10.2′/117°23.7′ 
‘‘33°11.8′/117°23.2′ 
‘‘33°26.6′/117°38.9′. 
‘‘(b) ACTIVITIES
WITHIN
THE
SOUTHERN
SEA 
OTTER MILITARY READINESS AREAS.— 
‘‘(1) INCIDENTAL
TAKINGS
UNDER
ENDAN-
GERED 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 inci-
dental taking of any southern sea otter in the South-
ern 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 
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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 ac-
tivity, any southern sea otter while within the South-
ern Sea Otter Military Readiness Areas shall be 
treated for the purposes of section 7 of the Endan-
gered 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 south-
ern sea otter located within the Southern Sea Otter Mili-
tary Readiness Areas as of the effective date of this sec-
tion 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 consulta-
tion with, and with the concurrence of, the Secretary of 
the Navy, determines that military activities authorized 
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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 Read-
iness Areas not less than every three years to meas-
ure the growth or decline of the southern sea otter 
population. 
‘‘(2) REPORTS.—Within 24 months after the ef-
fective 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.—Ex-
cept 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.—Con-
sistent with Public Law 99–625 and the notice and 
comment provisions of chapter 5 of title 5, the Di-
rector of the United States Fish and Wildlife Service 
and the Director of the National Marine Fisheries 
Service, in cooperation with the Marine Mammal 
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Commission, shall develop an ecosystem manage-
ment plan that, for waters off the coast of Cali-
fornia, 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 har-
vests. 
‘‘(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 assess-
ment of the impacts of water quality on that car-
rying capacity and the causes of water quality deg-
radation. 
‘‘(3) CONTINUED IMPLEMENTATION OF EXIST-
ING PLAN.—The Director of the United States Fish 
and Wildlife Service shall continue implementing the 
relocation and management plan for southern sea ot-
ters authorized by Public Law 99–625 (100 Stat. 
3500) until the date the management plan and as-
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sessment required under paragraphs (1) and (2), re-
spectively, are completed. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) INCIDENTAL
TAKING.—The term ‘inci-
dental 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 ele-
ment. 
‘‘(3) SOUTHERN SEA OTTER.—The term ‘south-
ern 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 
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‘‘(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 oper-
ations 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.’’. 
Æ 
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