HR 556 EHRFS
111th CONGRESS
1st Session
H. R. 556
IN THE SENATE OF THE UNITED STATES
July 29, 2009
Received; read twice and referred to the Committee on Commerce, Science, and Transportation
AN ACT
To establish a program of research, recovery, and other activities to provide for the recovery of the southern sea otter.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. SOUTHERN SEA OTTER RECOVERY AND RESEARCH PROGRAM.
(a) In General- The Secretary of the Interior, acting through the United States Fish and Wildlife Service and the United States Geological Survey, shall carry out a recovery and research program for southern sea otter populations along the coast of California, informed by the prioritized research recommendations of the Final Revised Recovery Plan for the southern sea otter (Enhydra lutris nereis) published by the United States Fish and Wildlife Service and dated February 24, 2003, the Research Plan for California Sea Otter Recovery issued by the United States Fish and Wildlife Service Southern Sea Otter Recovery Implementation Team and dated March 2, 2007, and any other recovery, research, or conservation plan adopted by the United States Fish and Wildlife Service after the date of enactment of this Act in accordance with otherwise applicable law. The Recovery and Research Program shall include the following:
(1) Monitoring, analysis, and assessment of southern sea otter population demographics, health, causes of mortality, and life history parameters, including range-wide population surveys.
(2) Development and implementation of measures to reduce or eliminate potential factors limiting southern sea otter populations that are related to marine ecosystem health or human activities.
(b) Reappointment of Recovery Implementation Team- Not later than one year after the date of enactment of this Act, the Secretary shall appoint persons to a southern sea otter recovery implementation team as authorized under section 4(f)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)(2)).
(c) Southern Sea Otter Research and Recovery Grants-
(1) GRANT AUTHORITY- The Secretary shall establish a peer-reviewed, merit-based process to award competitive grants for research regarding southern sea otters and for projects assisting the recovery of southern sea otter populations.
(2) PEER REVIEW PANEL- The Secretary shall establish as necessary a peer review panel to provide scientific advice and guidance to prioritize proposals for grants under this subsection.
(3) RESEARCH GRANT SUBJECTS- Research funded with grants under this subsection shall be in accordance with the research recommendations of any plan referred to in subsection (a), and may include the following topics:
(A) Causes of sea otter mortality.
(B) Southern sea otter demographics and natural history.
(C) Effects and sources of pollutants, nutrients, and toxicants on southern sea otters and sequestration of contaminants.
(D) Effects and sources of infectious diseases and parasites affecting southern sea otters.
(E) Limitations on the availability of food resources for southern sea otters and the impacts of food limitation on southern sea otter carrying capacity.
(F) Interactions between southern sea otters and coastal fisheries and other human activities in the marine environment.
(G) Assessment of the keystone ecological role of sea otters in southern and central California’s coastal marine ecosystems, including both the direct and indirect effects of sea otter predation, especially as these effects influence human welfare, resource utilization, and ecosystem services.
(H) Assessment of the adequacy of emergency response and contingency plans.
(4) RECOVERY PROJECT SUBJECTS- Recovery projects funded with grants under this subsection shall be conducted in accordance with recovery recommendations of any plan referred to in subsection (a), and may include projects to--
(A) protect and recover southern sea otters;
(B) reduce, mitigate, or eliminate potential factors limiting southern sea otter populations that are related to human activities, including projects to--
(i) reduce, mitigate, or eliminate factors contributing to mortality, adversely affecting health, or restricting distribution and abundance; and
(ii) reduce, mitigate, or eliminate factors that harm or reduce the quality of southern sea otter habitat or the health of coastal marine ecosystems; and
(C) implement emergency response and contingency plans.
(d) Report- The Secretary shall--
(1) within 12 months after the date of enactment of this Act, report to Congress on--
(A) the status of southern sea otter populations;
(B) implementation of the Recovery and Research Program and the grant program; and
(C) any relevant formal consultations conducted under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to the southern sea otter; and
(2) within 24 months after the date of enactment of this Act and every 5 years thereafter, and in consultation with a southern sea otter recovery implementation team (if any) that is otherwise being utilized by the Secretary under section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)), report to Congress and the public on--
(A) an evaluation of southern sea otter health, causes of southern sea otter mortality, and the interactions of southern sea otters with California’s coastal marine ecosystems;
(B) an evaluation of actions taken to improve southern sea otter health, reduce southern sea otter mortality, and improve southern sea otter habitat;
(C) recommendation for actions, pursuant to current law, to improve southern sea otter health, reduce the occurrence of human-related mortality, and improve the health of such coastal marine ecosystems; and
(D) recommendations for funding to carry out this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) RECOVERY AND RESEARCH PROGRAM- The term ‘Recovery and Research Program’ means the recovery and research program under section 2(a).
(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the United States Fish and Wildlife Service and the United States Geological Survey.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There is authorized to be appropriated to the Secretary to carry out this Act $5,000,000 for each of fiscal years 2010 through 2015 of which--
(1) no less than 30 percent shall be for research grants under section 2(c)(3); and
(2) no less than 30 percent shall be for recovery projects under section 2(c)(4).
(b) Administrative Expenses- Of amounts available each fiscal year to carry out this Act, the Secretary may expend not more than 7 percent to pay the administrative expenses necessary to carry out this Act.
SEC. 5. TERMINATION.
This Act shall have no force or effect on and after the date the Secretary (as that term is used in section 4(c)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(2)) publishes a determination that the southern sea otter should be removed from the lists published under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
Passed the House of Representatives July 28, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 556
AN ACT
To establish a program of research, recovery, and other activities to provide for the recovery of the southern sea otter
LORRAINE C. MILLER,
Clerk.
U.S. Congress - Text of H.R.556 as Referred in Senate Southern Sea Otter Recovery and Research Act
