I 

109TH CONGRESS 

1ST SESSION H. R. 2323

To establish a program of research and other activities to provide for the 

recovery of the southern sea otter. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2005

Mr. FARR (for himself, Mrs. CAPPS, Ms. WOOLSEY, Mr. LANTOS, Ms. ESHOO, 

Mr. BERMAN, Mr. CASE, Mr. HINCHEY, Mr. MCDERMOTT, Mr. GEORGE

MILLER of California, Mr. OWENS, Ms. ROYBAL-ALLARD, Ms. LINDA T. 

SA ́NCHEZ of California, Mr. SHERMAN, Mrs. TAUSCHER, Mr. VAN

HOLLEN, Mr. GRIJALVA, Mr. FOLEY, Mr. ABERCROMBIE, Mr. 

BLUMENAUER, Mr. SHAYS, and Mr. ISSA) introduced the following bill; 

which was referred to the Committee on Resources 

A BILL

To establish a program of research and other activities to 

provide for the recovery of the southern sea otter.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Southern Sea Otter 

5 Recovery and Research Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 
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1 (1) Sea otters were hunted to near extinction in 

2 the 18th and 19th centuries along the west coast of 

3 the United States. Today a small population of 

4 southern sea otters exists along the California coast5 line. 

6 (2) Southern sea otters are listed as a threat7 ened species under the Endangered Species Act of 

8 1973, and are recognized as depleted under the Ma9 rine Mammal Protection Act of 1972. 

10 (3) Southern sea otters have educational, eco11 nomic, ecological, and scientific importance to the 

12 people of California and the Nation. 

13 (4) Recent studies have—

14 (A) determined that an elevated level of 

15 mortality, particularly in adult southern sea ot16 ters, is limiting recovery of the population; and 

17 (B) determined that the major threats to 

18 the southern sea otter are largely due to de19 graded marine ecosystems, including infectious 

20 diseases, sequestration of contaminants, food 

21 resource limitations, and coastal oil spills. 

22 (5) Enactment of provisions to implement the 

23 United States Fish and Wildlife Service document 

24 entitled ‘‘Final Revised Recovery Plan for the south25 ern sea otter (Enhydra lutris nereis)’’ could lead to 
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1 delisting of the southern sea otter under the Endan2 gered Species Act of 1973. 

3 (6) The public would benefit from having well 

4 managed and viable fisheries, healthy marine eco5 systems, and a recovered sea otter population. 

6 (7) Research underlies every aspect of recov7 ering southern sea otter populations, educating citi8 zens and stakeholders, and restoring coastal eco9 systems. 

10 SEC. 3. SOUTHERN SEA OTTER RECOVERY PROGRAM. 

11 (a) IN GENERAL.—The Secretary of the Interior, act12 ing through the United States Fish and Wildlife Service 

13 (in this Act referred to as the ‘‘Secretary’’), shall carry 

14 out a recovery program for southern sea otter populations 

15 along the coast of California. The recovery program shall 

16 include the following: 

17 (1) Monitoring and analysis of southern sea 

18 otter population demographics and life history pa19 rameters, including a biannual population count. 

20 (2) Protection of southern sea otter popu21 lations. 

22 (3) Reduction or elimination of potential factors 

23 limiting southern sea otter populations that are re24 lated to human activities. 
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1 (4) Assessment of southern sea otter health in 

2 accordance with the Southern Sea Otter Health As3 sessment Plan developed under subsection (c). 

4 (5) Education and outreach to the public about 

5 southern sea otters and how human activities affect 

6 their survival. 

7 (b) ANNUAL REPORT.—The Secretary shall report on 

8 the status of southern sea otter populations as part of an9 nual reports to the Congress under the Marine Mammal 

10 Protection Act of 1972 (16 U.S.C. 1361 et seq.) or other 

11 reporting requirements. 

12 (c) HEALTH ASSESSMENT PLAN.—The Secretary 

13 shall—

14 (1) in consultation with the Southern Sea Otter 

15 Recovery Implementation Team established under 

16 section 6, develop a Southern Sea Otter Health As17 sessment Plan; 

18 (2) collect and analyze tissue samples from 

19 southern sea otters; 

20 (3) after such analysis, submit the tissue sam21 ples to the Secretary of Commerce for inclusion in 

22 the National Marine Mammal Tissue Bank provided 

23 for under section 407 of the Marine Mammal Pro24 tection Act of 1972 (16 U.S.C. 1421f) to allow for 
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1 managed access to the tissues by other researchers; 

2 and 

3 (4) review progress on the implementation of 

4 the Southern Sea Otter Health Assessment Plan de5 veloped under paragraph (1) and report the status 

6 of the plan as part of the report under subsection 

7 (b). 

8 (d) CONTENTS OF PLAN.—The Southern Sea Otter 

9 Health Assessment Plan developed under subsection 

10 (a)(1) shall include—

11 (1) mechanisms to systematically assess and 

12 evaluate, among other matters, the immunology, vi13 rology, toxicology, bacteriology, parasitology, endo14 crinology, and nutritional status of southern sea ot15 ters; and 

16 (2) identification of centers of expertise and re17 sources to implement the plan. 

18 (e) PROMOTION OF ECOSYSTEM SUSTAINABILITY.—

19 In implementing this section, the Secretary shall seek to 

20 recover sea otters while promoting ecosystem sustain21 ability by addressing—

22 (1) key threats to marine ecosystem health, and 

23 ways to mitigate those threats; and 
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1 (2) mechanisms to revise the plan developed 

2 under subsection (c) to adapt in a timely manner to 

3 new information on the health of marine ecosystems. 

4 SEC. 4. SOUTHERN SEA OTTER RESEARCH PROGRAM. 

5 (a) GRANT AUTHORITY.—The Secretary shall award 

6 competitive grants to support research regarding southern 

7 sea otters. 

8 (b) RESEARCH SUBJECTS.—Research funded with 

9 grants under this section shall be in accordance with the 

10 research goals established by the Sea Otter Recovery Im11 plementation Team under section 5, and shall include the 

12 following topics: 

13 (1) Southern sea otter demographics and nat14 ural history. 

15 (2) The effects and sources of contaminants on 

16 southern sea otters and sequestration of contami17 nants. 

18 (3) Infectious diseases and parasites affecting 

19 southern sea otters. 

20 (4) Limitations on the availability of food re21 sources for southern sea otters and the impacts of 

22 food limitation on southern sea otter carrying capac23 ity. 

24 (c) RECOMMENDATION OF GRANTS BY RECOVERY

25 IMPLEMENTATION TEAM REQUIRED.—The Secretary—
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1 (1) shall submit each grant proposal submitted 

2 under this section to the Southern Sea Otter Recov3 ery Implementation Team established under section 

4 5; and 

5 (2) may not make a grant under this section 

6 unless the grant proposal has been recommended by 

7 such Team. 

8 SEC. 5. SOUTHERN SEA OTTER RECOVERY IMPLEMENTA9 TION TEAM. 

10 (a) ESTABLISHMENT.—The Secretary of the Interior 

11 shall establish the Southern Sea Otter Recovery Imple12 mentation Team (in this section referred to as the 

13 ‘‘Team’’). The Federal Advisory Committee Act (5 App. 

14 U.S.C.) shall not apply to the Team. 

15 (b) FUNCTIONS.—The Team shall—

16 (1) make recommendations to the Secretary re17 garding overall implementation of the southern sea 

18 otter recovery program and research goals; 

19 (2) make recommendations to the Secretary re20 garding prioritization of recovery actions, funding 

21 needs, and implementation schedules; 

22 (3) facilitate coordination, cooperation, and 

23 communication amongst persons interested in south24 ern sea otter recovery; 
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1 (4) facilitate implementation of actions identi2 fied in the recovery plan for the southern sea otter; 

3 (5) monitor progress of recovery actions for the 

4 southern sea otter; 

5 (6) recommend changes to the recovery plan as 

6 new information is obtained or unexpected conserva7 tion issues arise; 

8 (7) review the recommendations of the Sci9 entific Advisory Subcommittee established by section 

10 6; and 

11 (8) make recommendations to the Secretary re12 garding funding of scientific research under section 

13 4. 

14 (c) MEMBERSHIP.—

15 (1) IN GENERAL.—The Team shall have bal16 anced representation and shall consist of no more 

17 than 13 members. The Secretary shall appoint mem18 bers of the Team from among—

19 (A) individuals who are representatives of 

20 Federal, State, or local agencies with expertise 

21 in sea otter management; 

22 (B) individuals who are representatives of 

23 local marine user groups, which may include 

24 commercial and recreational fishing organiza25 tions; 
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1 (C) individuals who are representatives of 

2 marine conservation and other public interest 

3 organizations; 

4 (D) individuals who are representatives of 

5 organizations involved in southern sea otter res6 cue, rehabilitation, and release; and 

7 (E) individuals who are representatives of 

8 scientific and educational organizations. 

9 (2) CHAIR.—The Team shall elect a member of 

10 the Team as chair of the Team for a term of 3 

11 years. A member of the Team may not serve more 

12 than 2 terms as chair. 

13 (d) STAFFING AND ASSISTANCE.—The Secretary 

14 may make available to the Team any staff, information, 

15 administrative services, or assistance the Secretary deter16 mines is reasonably required to enable the Team to carry 

17 out its function. 

18 (e) ADMINISTRATION.—

19 (1) INTERNAL ADMINISTRATIVE REGULA20 TIONS.—The Team shall adopt rules, procedures, 

21 and other internal administrative regulations as may 

22 be necessary to carry out its functions. 

23 (2) SUBSIDIARY BODIES.—The Team may es24 tablish such subsidiary bodies as it considers nec25 essary to carry out its functions. 
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1 (3) CONFLICTS OF INTEREST.—Team members 

2 shall address conflicts of interest and other ethical 

3 problems in accordance with the following guidelines: 

4 (A) Members must disqualify themselves 

5 from advising on a matter that has direct and 

6 predictable effect on their personal financial 

7 matters, those of a client, or those of a com8 pany by which they are employed, apart from 

9 matters that are inherent in their employment 

10 or outside affiliation. 

11 (B) Members who participated in the de12 velopment of a proposal may not participate in 

13 the review and recommendation of grants under 

14 section 4(c) with respect to the proposal by the 

15 Team. 

16 (C) Members must not solicit business for 

17 themselves or their firms or seek an economic 

18 advantage based on their position on the Team. 

19 (D) Members must hold any nonpublic in20 formation obtained as a result of their services 

21 on the Team in confidence and ensure that it 

22 is used exclusively for official purposes. Mem23 bers should not use or permit the use of such 

24 information for their own private gain or the 

25 gain of another person. 
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1 (E) Members must not use the resources 

2 available to the Team for purposes of assisting 

3 a political campaign, or for any political cam4 paign business. 

5 (f) PUBLIC PARTICIPATION AND PROCEDURAL MAT6 TERS.—The following apply with respect to the conduct 

7 of business meetings of the Team: 

8 (1) With the exception of executive sessions, 

9 each meeting shall be open to the public, and inter10 ested persons shall be allowed to present oral or 

11 written statements on items on the agenda. 

12 (2) Regular business meetings of the Team 

13 shall occur at least once each year. Other meetings 

14 of the Team may be held at the call of the chair. 

15 (3) Timely notice of each meeting, including the 

16 time, place, and agenda of the meeting, shall be pub17 lished locally and may be published in the Federal 

18 Register. 

19 (4) Minutes of each meeting shall be kept, and 

20 shall contain a summary of attendees and matters 

21 discussed. 

22 (g) RESPONSIBILITIES OF THE SECRETARY.—The 

23 Secretary shall oversee and coordinate all Team activities, 

24 and shall be responsible for the following: 

25 (1) Establishing and disbanding the Team. 
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1 (2) Defining team functions (including revising 

2 the terms of reference for the Team) and estab3 lishing schedules for the Team for completing its 

4 products. 

5 (3) Approving, adopting, and amending recov6 ery plans. 

7 (4) Transmitting Team recommendations to 

8 other agencies and organizations, as appropriate. 

9 (5) Providing staff, information, and adminis10 trative services necessary for the Team to carry out 

11 its function. 

12 SEC. 6. SCIENTIFIC ADVISORY SUBCOMMITTEE OF THE SEA 

13 OTTER RECOVERY IMPLEMENTATION TEAM. 

14 (a) ESTABLISHMENT.—The Southern Sea Otter Re15 covery Implementation Team established under section 5 

16 shall establish the Scientific Advisory Subcommittee (in 

17 this section referred to as the ‘‘Advisory Committee’’). The 

18 Federal Advisory Committee Act (5 App. U.S.C.) shall not 

19 apply to the Advisory Subcommittee. 

20 (b) FUNCTIONS.—The Advisory Subcommittee 

21 shall—

22 (1) evaluate the scientific merit and quality of 

23 southern sea otter research proposals submitted for 

24 funding in response to a request by the Secretary for 

25 proposals, based on the research goals established by 
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1 the Southern Sea Otter Implementation Team under 

2 section 5(b)(1); and 

3 (2) make recommendations to the Southern Sea 

4 Otter Recovery Implementation Team regarding 

5 funding of such proposals. 

6 (c) MEMBERSHIP.—The Advisory Subcommittee shall 

7 have balanced representation, and shall consist of no more 

8 than 11 members appointed by the Southern Sea Otter 

9 Recovery Implementation Team from among individuals 

10 with a doctorate or equivalent education degree or with 

11 proven expertise in sea otter science or sea otter health. 

12 The Southern Sea Otter Recovery Implementation Team 

13 shall, in consultation with the Secretary and the Marine 

14 Mammal Commission, appoint members of the Advisory 

15 Committee from among qualified individuals who rep16 resent the views of—

17 (1) Federal, State, or local agencies with exper18 tise in sea otter management; 

19 (2) local marine user groups, which may include 

20 commercial and recreational fishing organizations; 

21 (3) marine conservation and other public inter22 est organizations; 

23 (4) organizations involved in southern sea otter 

24 rescue, rehabilitation, and release; and 

25 (5) scientific and educational organizations. 
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1 (d) TERMS.—

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the term of a member of the Advisory 

4 Subcommittee shall be 3 years. 

5 (2) INITIAL APPOINTMENTS.—Of the members 

6 first appointed as members of the Advisory Sub7 committee—

8 (A) 3 shall be appointed to an initial term 

9 of 1 year; and 

10 (B) 3 shall be appointed to an initial term 

11 of 2 years. 

12 (e) CONFLICTS OF INTEREST.—A member of the Ad13 visory Subcommittee who participated in the development 

14 of a proposal may not participate in the review and rec15 ommendation of grants under section 4(c) with respect to 

16 the proposal by the Advisory Subcommittee. 

17 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There is authorized to be appro19 priated to the Secretary of the Interior to carry out this 

20 Act $5,000,000 for each of fiscal years 2007 through 

21 2012, of which $2,000,000 each fiscal year shall be for 

22 grants under section 4 and the remainder for carrying out 

23 the recovery activities listed in section 3. 

24 (b) ADMINISTRATIVE EXPENSES.—Of amounts avail25 able each fiscal year to carry out section 5, the Secretary 
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1 may expend not more than 6 percent or $80,000, which2 ever is greater, to pay the administrative expenses nec3 essary to carry out section 5.

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