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 and appoint the Southern Sea Otter Recovery Implementation Team to make recommendations on overall implementation of the southern sea otter recovery program and research goals and review the recommendations of a Scientific Advisory Subcommittee. Requires the Subcommittee to evaluate the scientific merit and quality of southern sea otter research proposals submitted for funding and make funding recommendations.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3639 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3639
To establish a program of research and other activities to provide for
the recovery of the southern sea otter.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2007
Mr. Farr (for himself, Mrs. Capps, Ms. Eshoo, Mr. Blumenauer, Mr.
DeFazio, Mr. McDermott, Mr. Hinchey, Mr. Kennedy, Ms. Lee, and Mr.
George Miller of California) introduced the following bill; which was
referred to the Committee on Natural 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) The public would benefit from having well managed and
viable fisheries, healthy marine ecosystems, and a recovered
sea otter population.
(7) 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 count.
(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 how human activities affect their survival.
(b) Annual Report.--The Secretary shall report on the status of
southern sea otter populations as part of annual 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 referred to in 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 systematically assess and evaluate, among
other matters, the immunology, virology, toxicology,
bacteriology, 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 recover sea otters while promoting
ecosystem sustainability 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 Implementation Team under section 5, and shall
include the following topics:
(1) Southern sea otter demographics and natural history.
(2) The effects and sources of contaminants on southern sea
otters and sequestration of contaminants.
(3) Infectious diseases and parasites affecting southern
sea otters.
(4) Limitations on the availability of food resources for
southern sea otters and the impacts of food limitation on
southern sea otter carrying capacity.
(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 Recovery Implementation Team
referred to in 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.--There shall be a Southern Sea Otter Recovery
Implementation Team (in this section referred to as the ``Team'')
established and appointed by the Secretary of the Interior in
accordance with this section. 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
implementation of the southern sea otter recovery program and
research goals;
(2) make recommendations to the Secretary regarding
prioritization of recovery actions, funding needs, and
implementation schedules;
(3) facilitate coordination, cooperation, and communication
amongst persons interested in southern sea otter recovery;
(4) facilitate implementation of actions identified 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 conservation issues
arise;
(7) review the recommendations of the Scientific Advisory
Subcommittee established by section 6; and
(8) 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 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, which may include commercial and
recreational fishing organizations;
(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) 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 determines is reasonably required to enable the Team to
carry out its function.
(e) 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.
(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 company by which they are
employed, apart from matters that are inherent in their
employment or outside affiliation.
(B) Members 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.
(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 information
obtained as a result of their services on the Team in
confidence and ensure that it is used exclusively for
official purposes. Members 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 campaign business.
(f) Public Participation and Procedural Matters.--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 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 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 published 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) Disbanding the Team.
(2) Defining team functions (including revising the terms
of reference for the Team) and establishing schedules for the
Team for completing its products.
(3) Approving, adopting, and amending recovery plans.
(4) Transmitting Team recommendations to other agencies and
organizations, as appropriate.
(5) Providing staff, information, and administrative
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 Recovery Implementation
Team referred to in section 5 shall have a 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 represent the
views of--
(1) Federal, State, or local agencies with expertise in sea
otter management;
(2) local marine user groups, which may include commercial
and recreational fishing organizations;
(3) marine conservation and other public interest
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 paragraph (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 Subcommittee--
(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 Subcommittee
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 Subcommittee.
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 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 available each fiscal year
to carry out section 5, 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 5.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, and Oceans.
Subcommittee Hearings Held.
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