[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1748 Reported in Senate (RS)]
Calendar No. 686
111th CONGRESS
2d Session
S. 1748
[Report No. 111-362]
To establish a program of research, recovery, and other activities to
provide for the recovery of the southern sea otter.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 1, 2009
Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
December 10, 2010
Reported by Mr. Rockefeller, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
A BILL
To establish a program of research, recovery, 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Southern Sea Otter Recovery
and Research Act''.</DELETED>
<DELETED>SEC. 2. SOUTHERN SEA OTTER RECOVERY AND RESEARCH
PROGRAM.</DELETED>
<DELETED> (a) In General.--The Secretary of the Interior, acting
through the United States Fish and Wildlife Service and the United
States Geological Survey, shall carry out a recovery and research
program for southern sea otter populations along the coast of
California, informed by the prioritized research recommendations of the
Final Revised Recovery Plan for the southern sea otter (Enhydra lutris
nereis) published by the United States Fish and Wildlife Service and
dated February 24, 2003, the Research Plan for California Sea Otter
Recovery issued by the United States Fish and Wildlife Service Southern
Sea Otter Recovery Implementation Team and dated March 2, 2007, and any
other recovery, research, or conservation plan adopted by the United
States Fish and Wildlife Service after the date of enactment of this
Act in accordance with otherwise applicable law. The Recovery and
Research Program shall include the following:</DELETED>
<DELETED> (1) Monitoring, analysis, and assessment of
southern sea otter population demographics, health, causes of
mortality, and life history parameters, including range-wide
population surveys.</DELETED>
<DELETED> (2) Development and implementation of measures to
reduce or eliminate potential factors limiting southern sea
otter populations that are related to marine ecosystem health
or human activities.</DELETED>
<DELETED> (b) Reappointment of Recovery Implementation Team.--Not
later than one year after the date of enactment of this Act, the
Secretary shall appoint persons to a southern sea otter recovery
implementation team as authorized under section 4(f)(2) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)(2)).</DELETED>
<DELETED> (c) Southern Sea Otter Research and Recovery Grants.--
</DELETED>
<DELETED> (1) Grant authority.--The Secretary shall
establish a peer-reviewed, merit-based process to award
competitive grants for research regarding southern sea otters
and for projects assisting the recovery of southern sea otter
populations.</DELETED>
<DELETED> (2) Peer review panel.--The Secretary shall
establish as necessary a peer review panel to provide
scientific advice and guidance to prioritize proposals for
grants under this subsection.</DELETED>
<DELETED> (3) Research grant subjects.--Research funded with
grants under this subsection shall be in accordance with the
research recommendations of any plan referred to in subsection
(a), and may include the following topics:</DELETED>
<DELETED> (A) Causes of sea otter
mortality.</DELETED>
<DELETED> (B) Southern sea otter demographics and
natural history.</DELETED>
<DELETED> (C) Effects and sources of pollutants,
nutrients, and toxicants on southern sea otters and
sequestration of contaminants.</DELETED>
<DELETED> (D) Effects and sources of infectious
diseases and parasites affecting southern sea
otters.</DELETED>
<DELETED> (E) Limitations on the availability of
food resources for southern sea otters and the impacts
of food limitation on southern sea otter carrying
capacity.</DELETED>
<DELETED> (F) Interactions between southern sea
otters and coastal fisheries and other human activities
in the marine environment.</DELETED>
<DELETED> (G) Assessment of the keystone ecological
role of sea otters in southern and central California's
coastal marine ecosystems, including both the direct
and indirect effects of sea otter predation, especially
as these effects influence human welfare, resource
utilization, and ecosystem services.</DELETED>
<DELETED> (H) Assessment of the adequacy of
emergency response and contingency plans.</DELETED>
<DELETED> (4) Recovery project subjects.--Recovery projects
funded with grants under this subsection shall be conducted in
accordance with recovery recommendations of any plan referred
to in subsection (a), and may include projects to--</DELETED>
<DELETED> (A) protect and recover southern sea
otters;</DELETED>
<DELETED> (B) reduce, mitigate, or eliminate
potential factors limiting southern sea otter
populations that are related to human activities,
including projects to--</DELETED>
<DELETED> (i) reduce, mitigate, or eliminate
factors contributing to mortality, adversely
affecting health, or restricting distribution
and abundance; and</DELETED>
<DELETED> (ii) reduce, mitigate, or
eliminate factors that harm or reduce the
quality of southern sea otter habitat or the
health of coastal marine ecosystems;
and</DELETED>
<DELETED> (C) implement emergency response and
contingency plans.</DELETED>
<DELETED> (d) Report.--The Secretary shall--</DELETED>
<DELETED> (1) within 12 months after the date of enactment
of this Act, report to Congress on--</DELETED>
<DELETED> (A) the status of southern sea otter
populations;</DELETED>
<DELETED> (B) implementation of the Recovery and
Research Program and the grant program; and</DELETED>
<DELETED> (C) any relevant formal consultations
conducted under section 7 of the Endangered Species Act
of 1973 (16 U.S.C. 1536) with respect to the southern
sea otter; and</DELETED>
<DELETED> (2) within 24 months after the date of enactment
of this Act and every 5 years thereafter, and in consultation
with a southern sea otter recovery implementation team (if any)
that is otherwise being utilized by the Secretary under section
4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)),
report to Congress and the public on--</DELETED>
<DELETED> (A) an evaluation of southern sea otter
health, causes of southern sea otter mortality, and the
interactions of southern sea otters with California's
coastal marine ecosystems;</DELETED>
<DELETED> (B) an evaluation of actions taken to
improve southern sea otter health, reduce southern sea
otter mortality, and improve southern sea otter
habitat;</DELETED>
<DELETED> (C) recommendation for actions, pursuant
to current law, to improve southern sea otter health,
reduce the occurrence of human-related mortality, and
improve the health of such coastal marine ecosystems;
and</DELETED>
<DELETED> (D) recommendations for funding to carry
out this Act.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Recovery and research program.--The term
``Recovery and Research Program'' means the recovery and
research program under section 2(a).</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the United States
Fish and Wildlife Service and the United States Geological
Survey.</DELETED>
<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) In General.--There is authorized to be appropriated to
the Secretary to carry out this Act $5,000,000 for each of fiscal years
2010 through 2015 of which--</DELETED>
<DELETED> (1) no less than 30 percent shall be for research
grants under section 2(c)(3); and</DELETED>
<DELETED> (2) no less than 30 percent shall be for recovery
projects under section 2(c)(4).</DELETED>
<DELETED> (b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this Act, the Secretary may expend not more
than 7 percent to pay the administrative expenses necessary to carry
out this Act.</DELETED>
<DELETED>SEC. 5. TERMINATION.</DELETED>
<DELETED> This Act shall have no force or effect on and after the
date the Secretary (as that term is used in section 4(c)(2) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(c)(2)) publishes a
determination that the southern sea otter should be removed from the
lists published under section 4(c) of the Endangered Species Act of
1973 (16 U.S.C. 1533(c)).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Sea Otter Recovery and
Research Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Recovery and research program.--The term ``recovery and
research program'' means the southern sea otter recovery and
research program carried out under section 3(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service and the Director of the United
States Geological Survey.
SEC. 3. SOUTHERN SEA OTTER RECOVERY AND RESEARCH PROGRAM.
(a) Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior, acting
through the United States Fish and Wildlife Service and the
United States Geological Survey, shall carry out a recovery and
research program for southern sea otter populations along the
coast of California, informed by--
(A) the prioritized research recommendations of the
Final Revised Recovery Plan for the southern sea otter
(Enhydra lutris nereis) published by the United States
Fish and Wildlife Service and dated February 24, 2003;
(B) the Research Plan for California Sea Otter
Recovery issued by the United States Fish and Wildlife
Service Southern Sea Otter Recovery Implementation Team
and dated March 2, 2007; and
(C) any other recovery, research, or conservation
plan adopted by the United States Fish and Wildlife
Service after the date of enactment of this Act in
accordance with otherwise applicable law.
(2) Requirements.--The recovery and research program shall
include--
(A) monitoring, analysis, and assessment of
southern sea otter population demographics, health,
causes of mortality, and life history parameters,
including range-wide population surveys; and
(B) development and implementation of measures to
reduce or eliminate potential factors limiting southern
sea otter populations that relate to marine ecosystem
health or human activities.
(b) Appointment of Recovery Implementation Team.--Not later than 1
year after the commencement of the recovery and research program under
subsection (a), the Secretary shall appoint persons to a southern sea
otter recovery implementation team as authorized in accordance with
section 4(f)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1533(f)(2)).
(c) Southern Sea Otter Research and Recovery Grants.--
(1) Grant authority.--The Secretary shall establish a peer-
reviewed, merit-based process to award competitive grants for
research regarding southern sea otters and for projects
assisting the recovery of southern sea otter populations.
(2) Peer review panel.--The Secretary shall establish as
necessary a peer review panel to provide scientific advice and
guidance to prioritize proposals for grants under this
subsection.
(3) Research grant subjects.--Research funded with grants
under this subsection--
(A) shall be in accordance with the research
recommendations of any plan referred to in subsection
(a); and
(B) may include research on topics such as--
(i) causes of sea otter mortality;
(ii) southern sea otter demographics and
natural history;
(iii) effects and sources of poor water
quality on southern sea otters (including
pollutants, nutrients, and toxicants) and
mechanisms for addressing those effects and
sources;
(iv) effects and sources of infectious
diseases and parasites affecting southern sea
otters;
(v) limitations on the availability of food
resources for southern sea otters and the
impacts of food limitation on southern sea
otter carrying capacity;
(vi) interactions between southern sea
otters and coastal fisheries and other human
activities in the marine environment;
(vii) assessment of the keystone ecological
role of sea otters in coastal marine ecosystems
of southern and central California, including
the direct and indirect effects of sea otter
predation, especially as those effects
influence human welfare, resource use, and
ecosystem services; and
(viii) assessment of the adequacy of
emergency response and contingency plans.
(4) Recovery project subjects.--Recovery projects funded
with grants under this subsection--
(A) shall be conducted in accordance with recovery
recommendations of any plan referred to in subsection
(a) and the findings of the research conducted under
this section; and
(B) may include projects--
(i) to protect and recover southern sea
otters;
(ii) to reduce, mitigate, or eliminate
potential factors limiting southern sea otter
populations that are related to human
activities, including projects--
(I) to reduce, mitigate, or
eliminate factors contributing to
mortality, adversely affecting health,
or restricting distribution and
abundance; and
(II) to reduce, mitigate, or
eliminate factors that harm or reduce
the quality of southern sea otter
habitat or the health of coastal marine
ecosystems; and
(iii) to implement emergency response and
contingency plans.
(d) Report.--The Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, submit to Congress a report on--
(A) the status of southern sea otter populations;
(B) implementation of the recovery and research
program and the grant program under this Act; and
(C) any relevant formal consultations conducted
during the 2 years preceding the date of enactment of
this Act, and any other consultations the Secretary
determines to be relevant, under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) with
respect to the southern sea otter; and
(2) not later than 2 years after the date of enactment of
this Act and every 5 years thereafter, and in consultation with
a southern sea otter recovery implementation team that is
otherwise being used by the Secretary under section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)), submit to
Congress and make available to the public a report that
includes--
(A) an evaluation of--
(i) southern sea otter health;
(ii) causes of southern sea otter
mortality; and
(iii) the interactions of southern sea
otters with the coastal marine ecosystems of
California;
(B) an evaluation of actions taken--
(i) to improve southern sea otter health;
(ii) to reduce southern sea otter
mortality; and
(iii) to improve southern sea otter
habitat;
(C) recommendations for actions that may be taken
pursuant to all applicable law--
(i) to improve southern sea otter health;
(ii) to reduce the occurrence of human-
related mortality; and
(iii) to improve the health of the coastal
marine ecosystems of California;
(D) recommendations for funding to carry out this
Act; and
(E) a description of any formal consultations that
the Secretary determines to be relevant to the research
and recovery program established under this Act that
are conducted in accordance with section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) after
the date of enactment of this Act.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this Act $5,000,000 for each of fiscal years
2011 through 2016.
(b) Minimum Percentages for Grants and Projects.--During the period
of fiscal years 2011 through 2016 for which funds are authorized to be
appropriated under subsection (a)--
(1) not less than 30 percent of the total amounts
appropriated for that period shall be for research grants under
section 3(c)(3); and
(2) not less than 30 percent of the total amounts
appropriated for that period shall be for recovery projects
under section 3(c)(4).
(c) Administrative Expenses.--Of the amounts made available for
each fiscal year to carry out this Act, the Secretary may expend not
more than the greater of 7 percent of the amounts, or $150,000, to pay
the administrative expenses necessary to carry out this Act.
SEC. 5. TERMINATION.
This Act shall have no force or effect on and after the date on
which the Secretary (as that term is used in section 4(c)(2) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(c)(2)) publishes a
determination that the southern sea otter should be removed from the
lists published under section 4(c) of the Endangered Species Act of
1973 (16 U.S.C. 1533(c)).
Calendar No. 686
111th CONGRESS
2d Session
S. 1748
[Report No. 111-362]
_______________________________________________________________________
A BILL
To establish a program of research, recovery, and other activities to
provide for the recovery of the southern sea otter.
_______________________________________________________________________
December 10, 2010
Reported with an amendment