U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

99–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

111–362 

Calendar No. 686 

THE SOUTHERN SEA OTTER RECOVERY AND 

RESEARCH ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1748 

DECEMBER 10, 2010.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LEMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

BRUCE ANDREWS, General Counsel 

ANN BEGEMAN, Republican Staff Director 

BRIAN HENDRICKS, Republican General Counsel 

TODD BERTOSON, Republican Senior Counsel 


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Calendar No. 686 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–362 

THE SOUTHERN SEA OTTER RECOVERY AND 

RESEARCH ACT 

DECEMBER 10, 2010.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1748] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1748) to establish a program of research, recovery, and other activities to provide for the recovery of 

the southern sea otter, having considered the same, reports favorably thereon with an amendment (in the nature of a substitute) 

and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 1748 is to establish a program of research, recovery, and other activities to provide for the recovery of the southern sea otter, including monitoring, analysis, and assessment of 

southern sea otter population demographics, health, causes of mortality, and life history parameters including wide-ranging population surveys. The bill would also require the development and implementation of measures to reduce or eliminate potential factors 

limiting southern sea otter populations related to marine ecosystem 

health or human activities. 

BACKGROUND AND NEEDS

The southern sea otter (Enhydra lutris nereis) is a subspecies of 

sea otter that is currently listed as ‘‘threatened’’ under the Endangered Species Act (ESA) and protected under the Marine Mammal 

Protection Act (MMPA). The southern sea otter is a ‘‘keystone’’ species in the California kelp forest ecosystem, which strongly influences the abundance and diversity of species. It is also considered 


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1Wilson, DE, MA Bogan, RL Brownell Jr., AM Burdin, and MK Maminov (1991) Geographic 

variation in sea otters, Enhydra lutris. J. Mammal, 72(1) 22-36. 2 Riedman, ML and JA Estes (1990) The sea otter: behavior, ecology and natural history. US 

Fish and Wildlife Service, Biol. Rep. 90(14) 126-127. 3 Bryant, HC (1915) Sea otters near Point Sur. California Department of Fish and Game Bulletin 1, 134-135. 4 Jessup, David A, Melissa Miller, Jack Ames, Mike Harris, Christine Kreuder, Patricia A. 

Conrad, and Jonna A.K. Mazet (2004) Southern sea otter as sentinel of marine ecosystem 

health. EcoHealth 1, 239-245. 5Kreuder, C., MA Miller, DA Jessup, LJ Lowenstine, MD Harris, JA Ames, TE Carpenter, 

PA Conrad, and JAK Mazet. (2003) Patterns of Mortality in Southern Sea Otters from 1998- 

2001. Journal of Wildlife, 39(3) 495-509. 6 Jessup, David A. Melissa Miller, Chris Kreuder-Johnson, Patricia A. Conrad, Timothy Tinker, James Estes and Jonna AK Mazet. (2007) Sea Otters in a Dirty Ocean. Journal of the 

American Veterinary Medical Association, 231(11) 1648-1652. 7 USFWS (2008) Final Southern Sea Otter Stock Assessment Report. Ventura, CA 

8The southern sea otter population should be considered for delisting under the ESA when 

the average population level over a three-year period exceeds 3,090 animals. 

a ‘‘sentinel’’ species, or a species that warns of compromised ecosystem function or health, and may foreshadow threats to human 

health. 

The subspecies occupies the coastal waters of California. Its habitat ranges from San Mateo County at the northern edge of its 

range to Santa Barbara County at the southern extent. There is 

also a small, isolated population that was translocated to San Nicolas Island, roughly 75 miles west of Los Angeles in 1987 as part 

of an experimental recovery program. Historically, the southern sea 

otter inhabited coastal waters from Baja to Northern California,1

and may have extended as far north as Prince William Sound in 

Alaska.2 However, during the 18th and 19th centuries, the population was decimated by fur hunters seeking their high-value pelts 

and assumed to be extinct for the next several decades.3 In the 

early 1900s, a small group of roughly 50 otters was discovered 

along the Big Sur coast, and the current population of southern sea 

otters is completely derived from this small group.4 In 1911, the 

International Fur Seal Treaty, the first international treaty for 

wildlife conservation, gave sea otters protection from hunting. 

The most common causes of mortality among southern sea otters 

are bacterial infections, parasitic disease, shark attack, and cardiac 

disease.5 Many scientists believe that the prevalence of infectious 

and parasitic disease, as well as cardiac disease, may be linked to 

pollutants reaching the near-shore marine environment. These pollutants likely include sewage from treatment facility overflow, 

urban run-off, and agricultural chemicals.6 The diet of the southern 

sea otter consists primarily of filter-feeding bottom dwellers, such 

as abalone, mussels, and sea urchins, which tend to concentrate 

contaminants and disease-causing pathogens. This makes sea otters very susceptible to marine pollutants. Entanglement and 

drowning in fishing gear, shootings, and boat strikes are also lowlevel, but persistent, causes of direct human-caused mortality.7

Food availability and habitat degradation may be limiting factors 

in southern sea otter population recovery. 

In 1982, the U.S. Fish and Wildlife Service (USFWS) formed a 

Southern Sea Otter Recovery Team and created a recovery plan for 

the species. Revised drafts were completed in 1991, 1996, 2000, and 

2003. The recovery plan sets a goal of at least 8,400 animals as the 

optimal sustainable population level (there are currently about 

2,800 southern sea otters). It also sets forth criteria for delisting 8


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9The southern sea otter population should be considered for listing as ‘‘endangered’’ under the 

ESA if the population declines below an ‘‘effective population size of 500 animals,’’ or 1,850 animals. 10 USFWS (2003) Final revised recovery plan for the southern sea otter. Portland, OR. xi+165 

pp. 11 California Senate Bill No. 2563 12 USFWS. (2000) Reinitiation of formal consultation on the containment program for the 

southern sea otter (1-8-99-FW-81). California/Nevada Operations Office. 19 July. 13 USFWS (2005) Draft Supplemental Environmental Impact Statement, Translocation of 

Southern Sea Otters. Ventura, CA. 14Laidre, Kristin L, Ronald J Jameson, Douglas Demaster (2000) An estimation of the carrying capacity for sea otters along the California coast. Marine Mammal Science 17 (2) 294– 

309. 15 USGS, http://www.werc.usgs.gov/Project.aspx?ProjectID=91 16Tinker, MT, JA Estes, K Ralls, TM Williams, D Jessup, and DP Costa (2006) Population 

dynamics and biology of the California sea otter at the southern edge of its range. MMS OCS 

Study 2006–2007. Coastal Research Center, Marine Science Institute, University of California, 

Santa Barbara, California. MMS Cooperative Agreement Number 14–35–0001–31063. 17 USFWS (2008) Final Southern Sea Otter Stock Assessment Report. Ventura,CA. 

or uplisting 9 the subspecies, and sets out monitoring and research 

plans, necessary mitigation actions and a cost of recovery program.10 The State of California has also enacted a law to reduce 

southern sea otter entanglement and drowning in fishing gear.11

On November 7, 1986, Public Law 99–625 was enacted, which 

authorized the Secretary of the Interior to develop and implement 

a plan to relocate and manage an experimental population of 

southern sea otters. Under the program, some sea otters were relocated to San Nicolas Island as an experimental population. Additionally, an ‘‘otter free’’ management zone was created along the 

coast, south of Point Conception. Animals found in the management zone were removed and relocated to the northern part of their 

range. This process of relocation ended in 1998, resulting in controversy among the fishing community, as a small number of otters 

moved in and out of the management zone on a seasonal basis. 

Some in the fishing community, like urchin and abalone fishermen, 

view otter presence as competition for scarce resources. 

In 2000, an ESA section 7 consultation determined that the relocation program would jeopardize the recovery of the southern sea 

otter.12 In 2005, USFWS drafted a Supplemental Environmental 

Impact Statement on the Translocation of Sea Otters, proposing 

the termination of the southern sea otter translocation program on 

San Nicolas Island and a cessation of otter removal from 

translocation or management zones.13

From 2007–2009, the southern sea otter population averaged 

2,813 individuals—about 20 percent of the estimated carrying capacity of the region (approximately 16,000 individuals14). Overall, 

the population growth rate appears to be stable or slightly declining.15 However, the population has higher growth rates at the 

southern extent of its range and lower growth rates at the central 

and northern parts.16 The recovery of this species in California remains a concern for wildlife managers. Other recovering sea otter 

populations in Washington, British Columbia, and Alaska have 

been growing at a rate of up to 17 to 20 percent, while southern 

sea otter population growth from 2003–2008 was only about 3 percent.17

On Wednesday, November 4, 2009, the Subcommittee on Oceans, 

Atmosphere, Fisheries, and Coast Guard held a hearing entitled, 

‘‘The Future of Ocean Governance: Building Our National Ocean 

Policy,’’ at which testimony was provided by several departments 

and agencies of the Federal government, including the U.S. DepartVerDate Mar 15 2010 04:49 Dec 11, 2010 Jkt 099010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6601 E:\HR\OC\SR362.XXX SR362

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ment of the Interior (DOI). As a part of that hearing, DOI described the beneficial role that narrowly focused conservation efforts, such as recovery efforts for individual species, can play as 

part of a more comprehensive, ecosystem-based approach for managing natural resources. 

DOI noted that sea otters are important predators in the nearshore marine ecosystems of the North Pacific Ocean and are generally considered to be a keystone species in these communities. 

Sea urchins are a preferred prey item of sea otters, and are also 

commonly viewed as the most important subtidal grazers of large 

algae, including kelp, in California. Recovery of the southern sea 

otter would be beneficial to nearshore kelp forests and the species 

they support because, in areas where sea urchin grazing is limiting 

kelp establishment and growth, the presence of sea otters can generally be expected to keep sea urchin populations under control, resulting in increased stability and persistence of kelp forest habitat. 

Healthy kelp forests, in turn, provide numerous direct and indirect 

ecosystem benefits, including reductions in coastal erosion and improved habitat for numerous fish and invertebrate species. 

DOI also stated that a recovery and research program would 

have benefits for understanding and addressing factors affecting 

other species in California’s kelp ecosystem and human health. For 

example, research into parasitic infection of southern sea otters 

associated with the otters’ use of particular areas of coastline and 

selection of certain types of prey may allow the development of 

management interventions that will have implications for a wide 

range of marine and other animals that are vulnerable to the same 

parasites. 

SUMMARY OF PROVISIONS

S. 1748 would direct USFWS and US Geological Survey (USGS) 

to implement a southern sea otter recovery and research program. 

This program would include (1) monitoring, analysis, and assessment of population ecology and health; and (2) implementation of 

measures to reduce or eliminate potential factors limiting populations that are related to marine ecosystem health or human activities. The bill would mandate the establishment of a southern 

sea otter recovery implementation team as authorized under the 

ESA and the creation of a peer-reviewed, merit-based process to 

award competitive grants for: (1) research regarding the major 

stressors on southern sea otters; and (2) projects assisting in the 

recovery of southern sea otter populations. 

LEGISLATIVE HISTORY

Senator Boxer introduced S. 1748 on October 1, 2009. Senator 

Feinstein is a cosponsor of the legislation. The bill was referred to 

the Committee on Commerce, Science, and Transportation on October 29, 2009. A companion bill, H.R. 556, was introduced by Rep. 

Sam Farr of California on January 15, 2009, and was passed by the 

House of Representatives on July 28, 2009. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 


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Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1748—Southern Sea Otter Recovery and Research Act 

Summary: S. 1748 would authorize the appropriation of $5 million annually over the 2011–2016 period for the Fish and Wildlife 

Service and the United States Geological Survey to conduct research and recovery programs affecting southern sea otters along 

the coast of California. Assuming appropriation of the authorized 

amounts, CBO estimates that carrying out the program would cost 

$20 million over the next five years and an additional $10 million 

after 2015. Enacting the bill would not affect direct spending or 

revenues; therefore, pay-as-you-go procedures would not apply. 

S. 1748 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1748 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2011–2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ........................................................................... 5 5 5 5 5 25 

Estimated Outlays ............................................................................ 2 3 5 5 5 20 

Basis of estimate: For this estimate, CBO assumes that S. 1748 

will be enacted near the end of fiscal year 2010 and that the authorized amounts will be appropriated for each year. Estimated 

outlays are based on historical spending patterns for similar programs. 

Estimated intergovernmental and private-sector impact: S. 1748 

contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on state, local, or tribal 

governments. 

Previous CBO estimate: On June 16, 2009, CBO transmitted a 

cost estimate for H.R. 556, the Southern Sea Otter Recovery and 

Research Act, as ordered reported by the House Committee on Natural Resources on June 10, 2009. H.R. 556 and S. 1742 are similar 

but would authorize appropriations for different years. The CBO 

cost estimates reflect this difference. 

Estimate prepared by: Federal Costs: Martin von Gnechten; Impact on State, Local, and Tribal Governments: Melissa Merrell; Impact on the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 


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NUMBER OF PERSONS COVERED

S. 1748 would establish a program of research, recovery, and 

other activities to provide for the recovery of the southern sea otter, 

which has been listed as threatened under the ESA since 1977, and 

therefore also deemed to be ‘‘depleted’’ under the MMPA. The program that would be established under the bill would deal solely 

with the recovery of the southern sea otter. 

ECONOMIC IMPACT

The bill would authorize annual appropriations of $5 million for 

each of fiscals years 2010 through 2015. These funding levels are 

not expected to have an inflationary impact on the Nation’s economy. 

PRIVACY

The reported bill would not have any adverse impact on the personal privacy of individuals. 

PAPERWORK

S. 1748 would not impose any new paperwork requirements on 

private citizens, businesses, or other entities. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide that this Act may be cited as the 

‘‘Southern Sea Otter Recovery and Research Act.’’ 

Section 2. Definitions 

This section would define the terms ‘‘recovery and research program’’ as ‘‘the southern sea otter recovery and research program 

carried out under section 3(a)’’ and ‘‘Secretary’’ as ‘‘the Secretary of 

the Interior, acting through the Director of the United States Fish 

and Wildlife Service and the Director of the United States Geologic 

Survey.’’ 

Section 3. Southern Sea Otter Recovery and Research Program 

Subsection (a) of this section would direct the Secretary of the Interior, acting through the USFWS and the USGS to carry out a recovery and research program for southern sea otter populations 

along the coast of California informed by: (1) the USFWS Final Revised Recovery Plan for the southern sea otter; (2) the USFWS Research Plan for California Sea Otter Recovery, drafted by the 

Southern Sea Otter Recovery and Implementation Team in 2007; 

and (3) any other USFWS recovery, research or conservation plan 

adopted after the enactment of this Act. It would require that this 

recovery and research program include: (1) monitoring, analysis, 

and assessment of the population demographics, health, causes of 


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mortality, and life history parameters of southern sea otters; and 

(2) development and implementation of measures to reduce or 

eliminate potential factors limiting southern sea otter populations 

related to marine ecosystem health or human activities. 

Subsection (b) of this section would require the appointment of 

a Recovery Implementation Team not later than one year after the 

date of enactment. 

Subsection (c) of this section would authorize the establishment 

of a peer-reviewed, merit-based process to award competitive 

grants for southern sea otter research, and for projects assisting in 

the recovery of southern sea otter populations. The Secretary would 

be required to establish, as necessary, a peer review panel to provide scientific advice and guidance to prioritize proposals for these 

grants. Research funded by grants made under this program may 

focus on: (1) causes of mortality; (2) demographics and natural history of sea otters; (3) effects and sources of poor water quality on 

sea otters and mechanisms for addressing their effects and sources; 

(4) effects and sources of infectious diseases and parasites; (5) limitations on food availability and impacts on carrying capacity; (6) 

interactions with fisheries and other human marine activities; (7) 

the keystone ecological role of sea otters, including effects of sea 

otter predation, especially how this impacts human welfare, health 

and ecosystem services; and (8) emergency response and contingency plans. Recovery projects funded with grants made under this 

program may include projects that (1) protect and recover southern 

sea otter populations; (2) reduce, mitigate, or eliminate potential 

human-caused factors that limit population growth (such as habitat 

degradation, factors that cause mortality, compromise health, or 

factors restricting distribution or abundance); or (3) implement 

emergency response and contingency plans. 

Subsection (d) of this section would require a report within one 

year after the date of enactment on (1) the status of sea otter populations; (2) the implementation of the recovery and research program and grant program; and (3) any relevant formal ESA consultation. It would require a second report within two years after 

the date of enactment and every five years thereafter, in consultation with the southern sea otter recovery and implementation 

team, that includes: (1) an evaluation of health, causes of mortality 

and interactions with California coastal marine ecosystems; (2) an 

evaluation of actions taken for the improvement of sea otter health 

or habitat, or reduction of mortality; (3) recommendations to further improve sea otter and California coastal marine ecosystem 

health and reduce sea otter mortality; and (4) funding recommendations. 

Section 4. Authorization of appropriations 

This section would authorize $5,000,000 for each of fiscal years 

2010 through 2015, and would cap administrative expenses at 7 

percent. The authorization is further allocated with 30 percent of 

the authorization for research, 30 percent for recovery activities, 

and the remainder provided to the Secretary of the Interior for additional grants for either research or recovery projects. 


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Section 5. Termination 

This section provides that the Act would terminate on the date 

that the Secretary publishes a determination that the southern sea 

otter be should be removed from ESA listing. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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