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.
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) The public would benefit from having well 
managed and viable fisheries, healthy marine eco-
systems, and a recovered sea otter population. 
(7) 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 count. 
(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 how human activities affect 
their survival. 
(b) ANNUAL REPORT.—The Secretary shall report on 
the status of southern sea otter populations as part of an-
nual reports to the Congress under the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361 et seq.) or other 
reporting requirements. 
(c) HEALTH ASSESSMENT PLAN.—The Secretary 
shall—
(1) in consultation with the Southern Sea Otter 
Recovery Implementation Team established under 
section 6, 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 systematically assess and 
evaluate, among other matters, the immunology, vi-
rology, toxicology, bacteriology, parasitology, endo-
crinology, and nutritional status of southern sea ot-
ters; 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 
recover sea otters while promoting ecosystem sustain-
ability by addressing—
(1) key threats to marine ecosystem health, and 
ways to mitigate those threats; and
(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. 
SEC. 4. SOUTHERN SEA OTTER RESEARCH PROGRAM. 
(a) GRANT AUTHORITY.—The Secretary shall award 
competitive grants to support research regarding southern 
sea otters. 
(b) RESEARCH SUBJECTS.—Research funded with 
grants under this section shall be in accordance with the 
research goals established by the Sea Otter Recovery Im-
plementation Team under section 5, and shall include the 
following topics: 
(1) Southern sea otter demographics and nat-
ural history. 
(2) The effects and sources of contaminants on 
southern sea otters and sequestration of contami-
nants. 
(3) Infectious diseases and parasites affecting 
southern sea otters. 
(4) Limitations on the availability of food re-
sources for southern sea otters and the impacts of 
food limitation on southern sea otter carrying capac-
ity. 
(c) RECOMMENDATION OF GRANTS BY RECOVERY 
IMPLEMENTATION TEAM 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 implementation of the southern sea 
otter recovery program and research goals; 
(2) make recommendations to the Secretary re-
garding prioritization of recovery actions, funding 
needs, and implementation schedules; 
(3) facilitate coordination, cooperation, and 
communication amongst persons interested in south-
ern sea otter recovery;
(4) facilitate implementation of actions identi-
fied in the recovery plan for the southern sea otter; 
(5) monitor progress of recovery actions for the 
southern sea otter; 
(6) recommend changes to the recovery plan as 
new information is obtained or unexpected conserva-
tion issues arise; 
(7) review the recommendations of the Sci-
entific Advisory Subcommittee established by section 
6; and 
(8) 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 appoint mem-
bers 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, which may include 
commercial and recreational fishing organiza-
tions;
(C) individuals who are representatives of 
marine conservation and other public interest 
organizations; 
(D) individuals who are representatives of 
organizations involved in southern sea otter res-
cue, rehabilitation, and release; and 
(E) individuals who are representatives of 
scientific and educational organizations. 
(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. 
(d) STAFFING
AND ASSISTANCE.—The Secretary 
may make available to the Team any staff, information, 
administrative services, or assistance the Secretary deter-
mines is reasonably required to enable the Team to carry 
out its function. 
(e) ADMINISTRATION.—
(1) 
INTERNAL
ADMINISTRATIVE
REGULA-
TIONS.—The Team shall adopt rules, procedures, 
and other internal administrative regulations as may 
be necessary to carry out its functions. 
(2) SUBSIDIARY BODIES.—The Team may es-
tablish such subsidiary bodies as it considers nec-
essary to carry out its functions.
(3) CONFLICTS OF INTEREST.—Team members 
shall address conflicts of interest and other ethical 
problems in accordance with the following guidelines: 
(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 com-
pany by which they are employed, apart from 
matters that are inherent in their employment 
or outside affiliation. 
(B) Members who participated in the de-
velopment 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. 
(C) Members must not solicit business for 
themselves or their firms or seek an economic 
advantage based on their position on the Team. 
(D) Members must hold any nonpublic in-
formation obtained as a result of their services 
on the Team in confidence and ensure that it 
is used exclusively for official purposes. Mem-
bers should not use or permit the use of such 
information for their own private gain or the 
gain of another person.
(E) Members must not use the resources 
available to the Team for purposes of assisting 
a political campaign, or for any political cam-
paign business. 
(f) PUBLIC PARTICIPATION AND PROCEDURAL MAT-
TERS.—The following apply with respect to the conduct 
of business meetings of the Team: 
(1) With the exception of executive sessions, 
each meeting shall be open to the public, and inter-
ested persons shall be allowed to present oral or 
written statements on items on the agenda. 
(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. 
(3) Timely notice of each meeting, including the 
time, place, and agenda of the meeting, shall be pub-
lished locally and may be published in the Federal 
Register. 
(4) Minutes of each meeting shall be kept, and 
shall contain a summary of attendees and matters 
discussed. 
(g) RESPONSIBILITIES
OF
THE SECRETARY.—The 
Secretary shall oversee and coordinate all Team activities, 
and shall be responsible for the following: 
(1) Establishing and disbanding the Team.
(2) Defining team functions (including revising 
the terms of reference for the Team) and estab-
lishing schedules for the Team for completing its 
products. 
(3) Approving, adopting, and amending recov-
ery plans. 
(4) Transmitting Team recommendations to 
other agencies and organizations, as appropriate. 
(5) Providing staff, information, and adminis-
trative services necessary for the Team to carry out 
its function. 
SEC. 6. SCIENTIFIC ADVISORY SUBCOMMITTEE OF THE SEA 
OTTER RECOVERY IMPLEMENTATION TEAM. 
(a) ESTABLISHMENT.—The Southern Sea Otter Re-
covery Implementation Team established under section 5 
shall establish the 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. 
(b) 
FUNCTIONS.—The 
Advisory 
Subcommittee 
shall—
(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); and 
(2) make recommendations to the Southern Sea 
Otter Recovery Implementation Team regarding 
funding of such proposals. 
(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 rep-
resent the views of—
(1) Federal, State, or local agencies with exper-
tise in sea otter management; 
(2) local marine user groups, which may include 
commercial and recreational fishing organizations; 
(3) marine conservation and other public inter-
est organizations; 
(4) organizations involved in southern sea otter 
rescue, rehabilitation, and release; and 
(5) scientific and educational organizations.
(d) TERMS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the term of a member of the Advisory 
Subcommittee shall be 3 years. 
(2) INITIAL APPOINTMENTS.—Of the members 
first appointed as members of the Advisory Sub-
committee—
(A) 3 shall be appointed to an initial term 
of 1 year; and 
(B) 3 shall be appointed to an initial term 
of 2 years. 
(e) CONFLICTS OF INTEREST.—A member of the Ad-
visory Subcommittee who participated in the development 
of a proposal may not participate in the review and rec-
ommendation of grants under section 4(c) with respect to 
the proposal by the Advisory Subcommittee. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated 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. 
(b) ADMINISTRATIVE EXPENSES.—Of amounts avail-
able each fiscal year to carry out section 5, the Secretary
may expend not more than 6 percent or $80,000, which-
ever is greater, to pay the administrative expenses nec-
essary to carry out section 5.
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