I 
108TH CONGRESS 
1ST SESSION H. R. 3545
To establish a program of research and other activities to provide for the 
recovery of the southern sea otter. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 20, 2003
Mr. FARR 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Southern Sea Otter 
Recovery and Research Act’’.
SEC. 2. FINDINGS. 
The Congress finds the following: 
(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 coast-
line. 
(2) Southern sea otters are listed as a threat-
ened species under the Endangered Species Act of 
1973, and are recognized as depleted under the Ma-
rine Mammal Protection Act of 1972. 
(3) Southern sea otters have educational, eco-
nomic, ecological, and scientific importance to the 
people of California and the Nation. 
(4) Recent studies have—
(A) determined that an elevated level of 
mortality, particularly in adult southern sea ot-
ters, is limiting recovery of the population; and 
(B) determined that the major threats to 
the southern sea otter are largely due to de-
graded marine ecosystems, including infectious 
diseases, sequestration of contaminants, food 
resource limitations, and coastal oil spills. 
(5) Enactment of provisions to implement the 
United States Fish and Wildlife Service document 
entitled ‘‘Final Revised Recovery Plan for the South-
ern Sea Otter (Enhydra lutris nereis’’) could lead to 
delisting of the southern sea otter under the Endan-
gered Species Act of 1973.
(6) Research underlies every aspect of recov-
ering southern sea otter populations, educating citi-
zens and stakeholders, and restoring coastal eco-
systems. 
SEC. 3. SOUTHERN SEA OTTER RECOVERY PROGRAM. 
(a) IN GENERAL.—The Secretary of the Interior, act-
ing 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: 
(1) Monitoring and analysis of southern sea 
otter population demographics and life history pa-
rameters, including a biannual population census. 
(2) Protection of southern sea otter popu-
lations. 
(3) Reduction or elimination of potential factors 
limiting southern sea otter populations that are re-
lated to human activities. 
(4) Assessment of southern sea otter health in 
accordance with the Southern Sea Otter Health As-
sessment Plan developed under subsection (c). 
(5) Education and outreach to the public about 
southern sea otters and their survival.
(b) ANNUAL REPORT.—The Secretary shall annually 
submit to the Congress a report on the status of southern 
sea otter populations. 
(c) HEALTH ASSESSMENT PLAN.—The Secretary 
shall—
(1) in consultation with the Southern Sea Otter 
Recovery Implementation Team established under 
section 5, develop a Southern Sea Otter Health As-
sessment Plan; 
(2) collect and analyze tissue samples from 
southern sea otters; 
(3) after such analysis, submit the tissue sam-
ples to the Secretary of Commerce for inclusion in 
the National Marine Mammal Tissue Bank provided 
for under section 407 of the Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1421f) to allow for 
managed access to the tissues by other researchers; 
and 
(4) review progress on the implementation of 
the Southern Sea Otter Health Assessment Plan de-
veloped under paragraph (1) and report the status 
of the plan as part of the report under subsection 
(b).
(d) CONTENTS OF PLAN.—The Southern Sea Otter 
Health Assessment Plan developed under subsection 
(a)(1) shall include—
(1) mechanisms to assess and evaluate, among 
other matters, the immunology, virology, toxicology, 
parasitology, endocrinology, and nutritional status of 
southern sea otters; and 
(2) identification of centers of expertise and re-
sources to implement the plan. 
(e) PROMOTION OF ECOSYSTEM SUSTAINABILITY.—
In implementing this section, the Secretary shall seek to 
promote ecosystem sustainability, in cooperation with the 
Secretary of Commerce and State fisheries management 
agencies. 
SEC. 4. SOUTHERN SEA OTTER RESEARCH PROGRAM. 
(a) GRANT AUTHORITY.—The Secretary of the Inte-
rior shall award competitive grants to support research re-
garding southern sea otters. 
(b) RESEARCH SUBJECTS.—Research funded with 
grants under this section—
(1) shall be in accordance with the research 
goals established by the Sea Otter Recovery Imple-
mentation Team under section 5; and 
(2) shall include the following topics:
(A) Southern sea otter demographics and 
natural history. 
(B) Contaminant sequestration. 
(C) Infectious diseases and parasites af-
fecting southern sea otters. 
(D) Limitations on the availability of food 
resources for southern sea otters. 
(c) RECOMMENDATION
OF GRANTS
BY ADVISORY 
BOARD REQUIRED.—The Secretary—
(1) shall submit each grant proposal submitted 
under this section to the Southern Sea Otter Recov-
ery Implementation Team established under section 
5; and 
(2) may not make a grant under this section 
unless the grant proposal has been recommended by 
such Team. 
SEC. 5. SOUTHERN SEA OTTER RECOVERY IMPLEMENTA-
TION TEAM. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
shall establish the Southern Sea Otter Recovery Imple-
mentation Team (in this section referred to as the 
‘‘Team’’). The Federal Advisory Committee Act (5 App. 
U.S.C.) shall not apply to the Team. 
(b) FUNCTIONS.—The Team shall—
(1) make recommendations to the Secretary re-
garding overall southern sea otter recovery program 
administration and research goals; 
(2) serve as a link between the recovery pro-
gram and stakeholders; 
(3) review the recommendations of the Sci-
entific Advisory Committee established by section 6; 
and 
(4) make recommendations to the Secretary re-
garding funding of scientific research under section 
4. 
(c) MEMBERSHIP.—
(1) IN GENERAL.—The Team shall have bal-
anced representation and shall consist of no more 
than 13 members. The Secretary shall, in consulta-
tion with the Marine Mammal Commission, appoint 
members of the Team from among— 
(A) individuals who are representatives of 
Federal, State, or local agencies with expertise 
in sea otter management; 
(B) individuals who are representatives of 
local marine user groups; 
(C) individuals who are representatives of 
marine conservation and other public interest 
organizations;