1. Application of Natural Resource Laws
Nearly all natural resource and planning statutes apply to national security activities at sea in some fashion
How the law applies often depends on where the activity is occurring

2. Natural Resource Laws Marine Mammal Protection Act (MMPA)
Prohibits “take” of marine mammals; broad prohibition that extends out through the high seas
No extraterritorial application
No military exemption
Definition of “harassment” elevates threshold of “take” for “military readiness” activities, but science not yet developed to fully benefit from this standard
National Defense Exemption (NDE) than can be issued by SECDEF
Endangered Species Act (ESA)
Prohibits takes of endangered and threatened species with similar jurisdictional reach as MMPA
SECDEF may issue exemption for individual activity after consultation with Sec of Commerce or Interior
Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA)
Primary concern is impacts to essential fish habitat
National Marine Sanctuaries Act (NMSA)
Generally prohibits injury to sanctuaries
DoD activities managed differently depending on the sanctuary

3. Planning Statutes and EOs
National Environmental Policy Act (NEPA)
Extraterritorial reach debated since NEPA enacted
Case law generally has held that NEPA does not apply extraterritorially, but some cases have diverged from this precedent to varying degrees
Question surrounding NEPA’s reach resulted in issuance of EO 12114
Agency practices vary
Coastal Zone Management Act (CZMA)
Have to ensure activities consistent with state enforceable policies
Primary concern for at-sea activities are migratory resources
National Historic Preservation Act (NHPA)
Impacts to historic or cultural properties in state waters