HR 3639 IHCommentsClose CommentsPermalink

To establish a program of research and other activities to provide for the recovery of the southern sea otter.CommentsClose CommentsPermalink

September 24, 2007

Mr. FARR (for himself, Mrs. CAPPS, Ms. ESHOO, Mr. BLUMENAUER, Mr. DEFAZIO, Mr. MCDERMOTT, Mr. HINCHEY, Mr. KENNEDY, Ms. LEE, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

To establish a program of research and other activities to provide for the recovery of the southern sea otter.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Southern Sea Otter Recovery and Research Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress finds the following:CommentsClose CommentsPermalink





(1) Sea otters were hunted to near extinction in the 18th and 19th centuries along the west coast of the United States. Today a small population of southern sea otters exists along the California coastline.CommentsClose CommentsPermalink





(2) Southern sea otters are listed as a threatened species under the Endangered Species Act of 1973, and are recognized as depleted under the Marine Mammal Protection Act of 1972.CommentsClose CommentsPermalink





(3) Southern sea otters have educational, economic, ecological, and scientific importance to the people of California and the Nation.CommentsClose CommentsPermalink





(4) Recent studies have--CommentsClose CommentsPermalink





(A) determined that an elevated level of mortality, particularly in adult southern sea otters, is limiting recovery of the population; andCommentsClose CommentsPermalink





(B) determined that the major threats to the southern sea otter are largely due to degraded marine ecosystems, including infectious diseases, sequestration of contaminants, food resource limitations, and coastal oil spills.CommentsClose CommentsPermalink





(5) Enactment of provisions to implement the United States Fish and Wildlife Service document entitled `Final Revised Recovery Plan for the southern sea otter (Enhydra lutris nereis)' could lead to delisting of the southern sea otter under the Endangered Species Act of 1973.CommentsClose CommentsPermalink





(6) The public would benefit from having well managed and viable fisheries, healthy marine ecosystems, and a recovered sea otter population.CommentsClose CommentsPermalink





(7) Research underlies every aspect of recovering southern sea otter populations, educating citizens and stakeholders, and restoring coastal ecosystems.CommentsClose CommentsPermalink

SEC. 3. SOUTHERN SEA OTTER RECOVERY PROGRAM.

(a) In General- The Secretary of the Interior, acting through the United States Fish and Wildlife Service (in this Act referred to as the `Secretary'), shall carry out a recovery program for southern sea otter populations along the coast of California. The recovery program shall include the following:CommentsClose CommentsPermalink





(1) Monitoring and analysis of southern sea otter population demographics and life history parameters, including a biannual population count.CommentsClose CommentsPermalink





(2) Protection of southern sea otter populations.CommentsClose CommentsPermalink





(3) Reduction or elimination of potential factors limiting southern sea otter populations that are related to human activities.CommentsClose CommentsPermalink





(4) Assessment of southern sea otter health in accordance with the Southern Sea Otter Health Assessment Plan developed under subsection (c).CommentsClose CommentsPermalink





(5) Education and outreach to the public about southern sea otters and how human activities affect their survival.CommentsClose CommentsPermalink





(b) Annual Report- The Secretary shall report on the status of southern sea otter populations as part of annual reports to the Congress under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) or other reporting requirements.CommentsClose CommentsPermalink





(c) Health Assessment Plan- The Secretary shall--CommentsClose CommentsPermalink





(1) in consultation with the Southern Sea Otter Recovery Implementation Team referred to in section 5, develop a Southern Sea Otter Health Assessment Plan;CommentsClose CommentsPermalink





(2) collect and analyze tissue samples from southern sea otters;CommentsClose CommentsPermalink





(3) after such analysis, submit the tissue samples to the Secretary of Commerce for inclusion in the National Marine Mammal Tissue Bank provided for under section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f) to allow for managed access to the tissues by other researchers; andCommentsClose CommentsPermalink





(4) review progress on the implementation of the Southern Sea Otter Health Assessment Plan developed under paragraph (1) and report the status of the plan as part of the report under subsection (b).CommentsClose CommentsPermalink





(d) Contents of Plan- The Southern Sea Otter Health Assessment Plan developed under subsection (a)(1) shall include--CommentsClose CommentsPermalink





(1) mechanisms to systematically assess and evaluate, among other matters, the immunology, virology, toxicology, bacteriology, parasitology, endocrinology, and nutritional status of southern sea otters; andCommentsClose CommentsPermalink





(2) identification of centers of expertise and resources to implement the plan.CommentsClose CommentsPermalink





(e) Promotion of Ecosystem Sustainability- In implementing this section, the Secretary shall seek to recover sea otters while promoting ecosystem sustainability by addressing--CommentsClose CommentsPermalink





(1) key threats to marine ecosystem health, and ways to mitigate those threats; andCommentsClose CommentsPermalink





(2) mechanisms to revise the plan developed under subsection (c) to adapt in a timely manner to new information on the health of marine ecosystems.CommentsClose CommentsPermalink

SEC. 4. SOUTHERN SEA OTTER RESEARCH PROGRAM.

(a) Grant Authority- The Secretary shall award competitive grants to support research regarding southern sea otters.CommentsClose CommentsPermalink





(b) Research Subjects- Research funded with grants under this section shall be in accordance with the research goals established by the Sea Otter Recovery Implementation Team under section 5, and shall include the following topics:CommentsClose CommentsPermalink





(1) Southern sea otter demographics and natural history.CommentsClose CommentsPermalink





(2) The effects and sources of contaminants on southern sea otters and sequestration of contaminants.CommentsClose CommentsPermalink





(3) Infectious diseases and parasites affecting southern sea otters.CommentsClose CommentsPermalink





(4) Limitations on the availability of food resources for southern sea otters and the impacts of food limitation on southern sea otter carrying capacity.CommentsClose CommentsPermalink





(c) Recommendation of Grants by Recovery Implementation Team Required- The Secretary--CommentsClose CommentsPermalink





(1) shall submit each grant proposal submitted under this section to the Southern Sea Otter Recovery Implementation Team referred to in section 5; andCommentsClose CommentsPermalink





(2) may not make a grant under this section unless the grant proposal has been recommended by such Team.CommentsClose CommentsPermalink

SEC. 5. SOUTHERN SEA OTTER RECOVERY IMPLEMENTATION TEAM.

(a) Establishment- There shall be a Southern Sea Otter Recovery Implementation Team (in this section referred to as the `Team') established and appointed by the Secretary of the Interior in accordance with this section. The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the Team.CommentsClose CommentsPermalink





(b) Functions- The Team shall--CommentsClose CommentsPermalink





(1) make recommendations to the Secretary regarding overall implementation of the southern sea otter recovery program and research goals;CommentsClose CommentsPermalink





(2) make recommendations to the Secretary regarding prioritization of recovery actions, funding needs, and implementation schedules;CommentsClose CommentsPermalink





(3) facilitate coordination, cooperation, and communication amongst persons interested in southern sea otter recovery;CommentsClose CommentsPermalink





(4) facilitate implementation of actions identified in the recovery plan for the southern sea otter;CommentsClose CommentsPermalink





(5) monitor progress of recovery actions for the southern sea otter;CommentsClose CommentsPermalink





(6) recommend changes to the recovery plan as new information is obtained or unexpected conservation issues arise;CommentsClose CommentsPermalink





(7) review the recommendations of the Scientific Advisory Subcommittee established by section 6; andCommentsClose CommentsPermalink





(8) make recommendations to the Secretary regarding funding of scientific research under section 4.CommentsClose CommentsPermalink





(c) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- The Team shall have balanced representation and shall consist of no more than 13 members. The Secretary shall appoint members of the Team from among--CommentsClose CommentsPermalink





(A) individuals who are representatives of Federal, State, or local agencies with expertise in sea otter management;CommentsClose CommentsPermalink





(B) individuals who are representatives of local marine user groups, which may include commercial and recreational fishing organizations;CommentsClose CommentsPermalink





(C) individuals who are representatives of marine conservation and other public interest organizations;CommentsClose CommentsPermalink





(D) individuals who are representatives of organizations involved in southern sea otter rescue, rehabilitation, and release; andCommentsClose CommentsPermalink





(E) individuals who are representatives of scientific and educational organizations.CommentsClose CommentsPermalink





(2) CHAIR- The Team shall elect a member of the Team as chair of the Team for a term of 3 years. A member of the Team may not serve more than 2 terms as chair.CommentsClose CommentsPermalink





(d) Staffing and Assistance- The Secretary may make available to the Team any staff, information, administrative services, or assistance the Secretary determines is reasonably required to enable the Team to carry out its function.CommentsClose CommentsPermalink





(e) Administration-CommentsClose CommentsPermalink





(1) INTERNAL ADMINISTRATIVE REGULATIONS- The Team shall adopt rules, procedures, and other internal administrative regulations as may be necessary to carry out its functions.CommentsClose CommentsPermalink





(2) SUBSIDIARY BODIES- The Team may establish such subsidiary bodies as it considers necessary to carry out its functions.CommentsClose CommentsPermalink





(3) CONFLICTS OF INTEREST- Team members shall address conflicts of interest and other ethical problems in accordance with the following guidelines:CommentsClose CommentsPermalink





(A) Members must disqualify themselves from advising on a matter that has direct and predictable effect on their personal financial matters, those of a client, or those of a company by which they are employed, apart from matters that are inherent in their employment or outside affiliation.CommentsClose CommentsPermalink





(B) Members who participated in the development of a proposal may not participate in the review and recommendation of grants under section 4(c) with respect to the proposal by the Team.CommentsClose CommentsPermalink





(C) Members must not solicit business for themselves or their firms or seek an economic advantage based on their position on the Team.CommentsClose CommentsPermalink





(D) Members must hold any nonpublic information obtained as a result of their services on the Team in confidence and ensure that it is used exclusively for official purposes. Members should not use or permit the use of such information for their own private gain or the gain of another person.CommentsClose CommentsPermalink





(E) Members must not use the resources available to the Team for purposes of assisting a political campaign, or for any political campaign business.CommentsClose CommentsPermalink





(f) Public Participation and Procedural Matters- The following apply with respect to the conduct of business meetings of the Team:CommentsClose CommentsPermalink





(1) With the exception of executive sessions, each meeting shall be open to the public, and interested persons shall be allowed to present oral or written statements on items on the agenda.CommentsClose CommentsPermalink





(2) Regular business meetings of the Team shall occur at least once each year. Other meetings of the Team may be held at the call of the chair.CommentsClose CommentsPermalink





(3) Timely notice of each meeting, including the time, place, and agenda of the meeting, shall be published locally and may be published in the Federal Register.CommentsClose CommentsPermalink





(4) Minutes of each meeting shall be kept, and shall contain a summary of attendees and matters discussed.CommentsClose CommentsPermalink





(g) Responsibilities of the Secretary- The Secretary shall oversee and coordinate all Team activities, and shall be responsible for the following:CommentsClose CommentsPermalink





(1) Disbanding the Team.CommentsClose CommentsPermalink





(2) Defining team functions (including revising the terms of reference for the Team) and establishing schedules for the Team for completing its products.CommentsClose CommentsPermalink





(3) Approving, adopting, and amending recovery plans.CommentsClose CommentsPermalink





(4) Transmitting Team recommendations to other agencies and organizations, as appropriate.CommentsClose CommentsPermalink





(5) Providing staff, information, and administrative services necessary for the Team to carry out its function.CommentsClose CommentsPermalink

SEC. 6. SCIENTIFIC ADVISORY SUBCOMMITTEE OF THE SEA OTTER RECOVERY IMPLEMENTATION TEAM.

(a) Establishment- The Southern Sea Otter Recovery Implementation Team referred to in section 5 shall have a Scientific Advisory Subcommittee (in this section referred to as the `Advisory Committee'). The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the Advisory Subcommittee.CommentsClose CommentsPermalink





(b) Functions- The Advisory Subcommittee shall--CommentsClose CommentsPermalink





(1) evaluate the scientific merit and quality of southern sea otter research proposals submitted for funding in response to a request by the Secretary for proposals, based on the research goals established by the Southern Sea Otter Implementation Team under section 5(b)(1); andCommentsClose CommentsPermalink





(2) make recommendations to the Southern Sea Otter Recovery Implementation Team regarding funding of such proposals.CommentsClose CommentsPermalink





(c) Membership- The Advisory Subcommittee shall have balanced representation, and shall consist of no more than 11 members appointed by the Southern Sea Otter Recovery Implementation Team from among individuals with a doctorate or equivalent education degree or with proven expertise in sea otter science or sea otter health. The Southern Sea Otter Recovery Implementation Team shall, in consultation with the Secretary and the Marine Mammal Commission, appoint members of the Advisory Committee from among qualified individuals who represent the views of--CommentsClose CommentsPermalink





(1) Federal, State, or local agencies with expertise in sea otter management;CommentsClose CommentsPermalink





(2) local marine user groups, which may include commercial and recreational fishing organizations;CommentsClose CommentsPermalink





(3) marine conservation and other public interest organizations;CommentsClose CommentsPermalink





(4) organizations involved in southern sea otter rescue, rehabilitation, and release; andCommentsClose CommentsPermalink





(5) scientific and educational organizations.CommentsClose CommentsPermalink





(d) Terms-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the term of a member of the Advisory Subcommittee shall be 3 years.CommentsClose CommentsPermalink





(2) INITIAL APPOINTMENTS- Of the members first appointed as members of the Advisory Subcommittee--CommentsClose CommentsPermalink





(A) 3 shall be appointed to an initial term of 1 year; andCommentsClose CommentsPermalink





(B) 3 shall be appointed to an initial term of 2 years.CommentsClose CommentsPermalink





(e) Conflicts of Interest- A member of the Advisory Subcommittee who participated in the development of a proposal may not participate in the review and recommendation of grants under section 4(c) with respect to the proposal by the Advisory Subcommittee.CommentsClose CommentsPermalink

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There is authorized to be appropriated to the Secretary of the Interior to carry out this Act $5,000,000 for each of fiscal years 2007 through 2012, of which $2,000,000 each fiscal year shall be for grants under section 4 and the remainder for carrying out the recovery activities listed in section 3.CommentsClose CommentsPermalink





(b) Administrative Expenses- Of amounts available each fiscal year to carry out section 5, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out section 5.CommentsClose CommentsPermalink