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10 U.S.C. § 8635 — Establishment of the Southern Sea Otter Military Readiness Areas
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary of the Navy 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:
(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 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) The 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 part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371&num=0&edition=prelim), 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 conduc
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Source location: Title 10, Chapter 861, § 8635; chapter-861-secretary-of-the-navy-miscellaneous-powers-and-duties.md
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**(a) Establishment.—** The Secretary of the Navy 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:
(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 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) The 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 part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371&num=0&edition=prelim), 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 a military readiness activity.
(3) **Treatment as species proposed to be listed.—** — For purposes of conducting a 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1536&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim)).
**(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 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 of the Interior, in consultation with the Secretary of the Navy, determines that military activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the 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 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 southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service.
(2) **Reports.—** — Not later than November 25, 2017, 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) Definitions.—** In this section:
(1) **Southern sea otter.—** — The term “southern sea otter” means any member of the subspecies Enhydra lutris nereis.
(2) **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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), shall have the meaning given such term in that Act; and
(B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.) shall have the meaning given such term in that Act.
(3) **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.
(4) **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 ([16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) 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.
(5) **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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976.
**(b) Limitation on application to introduced species**
(1) **In general** — This subchapter applies only to migratory bird species that are native to the United States or its territories.
(2) **Native to the United States defined**
(A) *In general* — Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” me
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally**
(1) The Secretary shall by regulation promulgated in accordance with subsection (b) determine whether any species is an endangered species or a threatened species because of any of the following factors:
(A) the present or threatened destruction, modification, or curtailment of its habitat or range;
(B) overutilization for commercial, recreational, scientific, or educational purposes;
(C) disease or predation;
(D) the inadequacy of existing regulatory mechanisms; or
(E) other natural or manmade factors affecting its continued existence.
(2) With respect to any species over which program responsibilities have been vested in the Secretary of Commerce pursuant to Reorganization Plan Numbered 4 of 1970—
(A) in any case in which the Secretary of Commerce determines that such species should—
(i) be listed as an endangered species or a threatened species, or
(ii) be changed in status from a threatened species to an endangered species,
he shall so inform the Secretary of the Interior; who shall list such species in accordance with this section;
(B) in any case in which the Secretary of Commerce determines that such species should—
(i) be removed from any list published pursuant to subsection (c) of this section, or
(ii) be changed in status from an endangered species to a threatened species,
he shall recommend such action to the Secretary of the Interior, and the Secretary of the Interior, if he concurs in the recommendation, shall implement such action; and
(C) the Secretary of the Interior may not list or remove from any list any such species, and may not change the status of any such species which are listed, without a prior favorable determination made pursuant to this section by the Secretary of Commer
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
No officer of the Air Force or the Space Force may use an enlisted member of the Air Force or the Space Force as a servant.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities;
(2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man’s actions;
(3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully;
(4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals;
(5) marine mammals and marine mammal products either—
(A) move in interstate commerce, or
(B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce,
and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and
(6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal agency actions and consultations**
(1) The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this chapter. All other Federal agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of this chapter by carrying out programs for the conservation of endangered species and threatened species listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim).
(2) Each Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an “agency action”) is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical, unless such agency has been granted an exemption for such action by the Committee pursuant to subsection (h) of this section. In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available.
(3) Subject to such guidelines as the Secretary may establish, a Federal agency shall consult with the Secretary on any prospective agency action at the request of, and in cooperation with, the prospective permit or license applicant if the applicant has reason to believe that an endangered species or a threatened species may be present in the area affected by his project and that implementation of such action will likely
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition; exceptions** There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this chapter, during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States except in the following cases:
(1) Consistent with the provisions of [section 1374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374&num=0&edition=prelim), permits may be issued by the Secretary for taking, and importation for purposes of scientific research, public display, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of polar bear parts (other than internal organs) taken in sport hunts in Canada. Such permits, except permits issued under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), may be issued if the taking or importation proposed to be made is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III. The Commission and Committee shall recommend any proposed taking or importation, other than importation under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), which is consistent with the purposes and policies of [section 1361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim). If the Secretary issues such a permit for importation, the Secretary shall issue to t
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Federal law — U.S. Code and appendices · legal_authorities
Page 3317
TITLE 10—ARMED FORCES
§ 8635
2024’’ for ‘‘the Secretary of the Navy may conduct a
program’’.
Subsec. (e). Pub. L. 118–31, § 1248(a), struck out subsec.
(e). Text read as follows: ‘‘The Secretary of the Navy
may not accept the assignment of a member of the
naval service of a foreign country under this section
after September 30, 2008.’’
2018—Pub. L. 115–232 renumbered section 7234 of this
title as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
§ 8635. Establishment of the Southern Sea Otter
Military Readiness Areas
(a) ESTABLISHMENT.—The Secretary of the
Navy 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:
(1) The area that includes Naval Base Ven-
tura 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′.
(2) The area that includes Naval Base Coro-
nado, San Clemente Island and the adjacent
and surrounding waters running parallel to
shore to 3 nautical miles from the high tide
line designated by part 165 of title 33, Code of
Federal Regulations, on May 20, 2010, as the
San Clemente Island 3NM Safety Zone.
(b) ACTIVITIES
WITHIN
THE
SOUTHERN
SEA
OTTER MILITARY READINESS AREAS.—
(1) INCIDENTAL
TAKINGS
UNDER
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 8635
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Federal law — U.S. Code and appendices · legal_authorities
Page 1763
TITLE 16—CONSERVATION
§ 1361
(Pub. L. 92–195, § 11, formerly § 10, Dec. 15, 1971, 85
Stat. 651, renumbered Pub. L. 94–579, title IV,
§ 404, Oct. 21, 1976, 90 Stat. 2775.)
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of this section relating to the Secretaries of the Inte-
rior and Agriculture submitting a joint report to Con-
gress every twenty-four months on the administration
of this chapter, see section 3003 of Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title
31, Money and Finance, and page 147 of House Docu-
ment No. 103–7.
CHAPTER 31—MARINE MAMMAL
PROTECTION
SUBCHAPTER I—GENERALLY
Sec.
1361.
Congressional findings and declaration of pol-
icy.
1362.
Definitions.
SUBCHAPTER II—CONSERVATION AND
PROTECTION OF MARINE MAMMALS
1371.
Moratorium on taking and importing marine
mammals and marine mammal products.
1372.
Prohibitions.
1373.
Regulations on taking of marine mammals.
1374.
Permits.
1375.
Penalties.
1375a.
Use of fines for protection and recovery of
manatees, polar bears, sea otters, and wal-
ruses.
1376.
Seizure and forfeiture of cargo.
1377.
Enforcement.
1378.
International program.
1379.
Transfer of management authority.
1380.
Marine mammal research grants.
1381.
Commercial fisheries gear development.
1382.
Regulations and administration.
1383.
Application to other treaties and conven-
tions.
1383a.
Interim exemption for commercial fisheries.
1383b.
Status review; conservation plans.
1384.
Authorization of appropriations.
1385.
Dolphin protection.
1386.
Stock assessments.
1387.
Taking of marine mammals incidental to
commercial fishing operations.
1388.
Marine mammal cooperative a
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1361
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