Southern Sea Otter Recovery and Research Act - Requires the Secretary of the Interior, acting through the United States Fish and Wildlife Service, to carry out a recovery program for southern sea otter populations along the coast of California.
Requires the Secretary to: (1) develop a Southern Sea Otter Health Assessment Plan; (2) collect and analyze tissue samples from southern sea otters; and (3) submit the tissue to the Secretary of Commerce for inclusion in the National Marine Mammal Tissue Bank to allow for managed access to such tissues by other researchers.
Requires the Secretary to: (1) award competitive grants to support research regarding southern sea otters; and (2) establish the Southern Sea Otter Recovery Implementation Team to make recommendations on overall southern sea otter recovery program administration and research goals, as well as funding of scientific research, serve as a link between the recovery program and stakeholders, and review the recommendations of the Southern Sea Otter Recovery Scientific Advisory Committee.
Requires the Secretary to establish the Southern Sea Otter Recovery Scientific Advisory Committee to evaluate and make recommendations to the Team regarding the scientific merit and quality of southern sea otter research funding proposals.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3545 Introduced in House (IH)]
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 Representatives 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 coastline.
(2) Southern sea otters are listed as a threatened species
under the Endangered Species Act of 1973, and are recognized as
depleted under the Marine Mammal Protection Act of 1972.
(3) Southern sea otters have educational, economic,
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 otters, is limiting
recovery of the population; and
(B) determined that the major threats to the
southern sea otter are largely due to degraded 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 Southern Sea Otter (Enhydra lutris
nereis'') could lead to delisting of the southern sea otter
under the Endangered Species Act of 1973.
(6) Research underlies every aspect of recovering southern
sea otter populations, educating citizens and stakeholders, and
restoring coastal ecosystems.
SEC. 3. SOUTHERN SEA OTTER RECOVERY PROGRAM.
(a) In General.--The Secretary of the Interior, acting 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 parameters, including
a biannual population census.
(2) Protection of southern sea otter populations.
(3) Reduction or elimination of potential factors limiting
southern sea otter populations that are related to human
activities.
(4) Assessment of southern sea otter health in accordance
with the Southern Sea Otter Health Assessment 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 Assessment Plan;
(2) collect and analyze tissue samples from southern sea
otters;
(3) after such analysis, submit the tissue samples to the
Secretary of Commerce for inclusion in the National Marine
Mammal Tissue Bank provided for under section 407 of the Marine
Mammal Protection 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 developed 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 resources 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 Interior shall award
competitive grants to support research regarding 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 Implementation 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 affecting
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 Recovery 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 IMPLEMENTATION TEAM.
(a) Establishment.--The Secretary of the Interior shall establish
the Southern Sea Otter Recovery Implementation 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 regarding overall
southern sea otter recovery program administration and research
goals;
(2) serve as a link between the recovery program and
stakeholders;
(3) review the recommendations of the Scientific Advisory
Committee established by section 6; and
(4) make recommendations to the Secretary regarding funding
of scientific research under section 4.
(c) Membership.--
(1) In general.--The Team shall have balanced
representation and shall consist of no more than 13 members.
The Secretary shall, in consultation 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;
(D) individuals who are representatives of
organizations involved in southern sea otter rescue,
rehabilitation, and release; and
(E) individuals who are representatives of
scientific and educational organizations.
(2) Chairman.--The Team shall elect a member of the Team as
chairman of the Team for a term of 3 years. A member of the
Team may not serve more than 2 terms as chairman.
(d) Conflicts of Interest.--A member of the Team who participated
in the development 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.
(e) Staffing and Assistance.--The Secretary may make available to
the Team any staff, information, administrative services, or assistance
the Secretary determines is reasonably required to enable the Team to
carry out its function.
(f) Administration.--
(1) Internal administrative regulations.--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 establish such
subsidiary bodies as it considers necessary to carry out its
functions.
(g) Public Participation and Procedural Matters.--The following
apply with respect to the conduct of business meetings of the Team:
(1) Each meeting shall be open to the public, and
interested 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 a year. Other extraordinary meetings of the Team may
be held at the call of the chairman.
(3) Timely notice of each meeting, including the time,
place, and agenda of the meeting, shall be published locally
and in the Federal Register.
(4) Minutes of each meeting shall be kept, and shall
contain a summary of attendees and matters discussed.
SEC. 6. SCIENTIFIC ADVISORY COMMITTEE.
(a) Establishment.--The Secretary shall establish the Southern Sea
Otter Recovery Scientific Advisory Committee (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 Committee.
(b) Functions.--The Advisory Committee 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 Secretary; and
(2) make recommendations to the Southern Sea Otter Recovery
Implementation Team established by section 5 regarding funding
of such proposals.
(c) Membership.--The Advisory Committee shall have balanced
representation, and shall consist of no more than 11 members appointed
by the Secretary from among individuals with a doctorate or equivalent
education degree. The Secretary shall, in consultation with the Marine
Mammal Commission and the Sea Otter Recovery Implementation Team
established under section 5, appoint members of the Team from among--
(1) representatives of Federal, State, or local agencies
with expertise in sea otter management;
(2) representatives of local marine user groups;
(3) representatives of marine conservation and other public
interest organizations;
(4) representatives of organizations involved in southern
sea otter rescue, rehabilitation, and release; and
(5) representatives of scientific and educational
organizations.
(d) Terms.--
(1) In general.--Except as provided in paragraph (2), the
term of a member of the Advisory Committee shall be 3 years.
(2) Initial appointments.--Of the members first appointed
as members of the Advisory 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 Advisory Committee who
participated in the development of a proposal may not participate in
the review and recommendation of grants under section 4(c) with respect
to the proposal by the Advisory Committee.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary of the Interior to carry out this Act $5,000,000 for each of
fiscal years 2004 through 2009, of which $2,000,000 each fiscal year
shall be for grants under section 4.
(b) Administrative Expenses.--Of amounts available each fiscal year
to carry out section 6, the Secretary may expend not more than 6
percent or $80,000, whichever is greater, to pay the administrative
expenses necessary to carry out section 6.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Executive Comment Requested from Interior.
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