[Congressional Record (Bound Edition), Volume 155 (2009), Part 14]
[House]
[Pages 19409-19411]
[From the U.S. Government Publishing Office, www.gpo.gov]




              SOUTHERN SEA OTTER RECOVERY AND RESEARCH ACT

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 556) to establish a program of research, recovery, and other 
activities to provide for the recovery of the southern sea otter, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 556

       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. SOUTHERN SEA OTTER RECOVERY AND RESEARCH PROGRAM.

       (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:
       (1) Monitoring, analysis, and assessment of southern sea 
     otter population demographics, health, causes of mortality, 
     and life history parameters, including range-wide population 
     surveys.
       (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.
       (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)).
       (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 shall be in accordance with the 
     research recommendations of any plan referred to in 
     subsection (a), and may include the following topics:
       (A) Causes of sea otter mortality.
       (B) Southern sea otter demographics and natural history.
       (C) Effects and sources of pollutants, nutrients, and 
     toxicants on southern sea otters and sequestration of 
     contaminants.
       (D) Effects and sources of infectious diseases and 
     parasites affecting southern sea otters.

[[Page 19410]]

       (E) Limitations on the availability of food resources for 
     southern sea otters and the impacts of food limitation on 
     southern sea otter carrying capacity.
       (F) Interactions between southern sea otters and coastal 
     fisheries and other human activities in the marine 
     environment.
       (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.
       (H) Assessment of the adequacy of emergency response and 
     contingency plans.
       (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--
       (A) protect and recover southern sea otters;
       (B) reduce, mitigate, or eliminate potential factors 
     limiting southern sea otter populations that are related to 
     human activities, including projects to--
       (i) reduce, mitigate, or eliminate factors contributing to 
     mortality, adversely affecting health, or restricting 
     distribution and abundance; and
       (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
       (C) implement emergency response and contingency plans.
       (d) Report.--The Secretary shall--
       (1) within 12 months after the date of enactment of this 
     Act, report to Congress on--
       (A) the status of southern sea otter populations;
       (B) implementation of the Recovery and Research Program and 
     the grant program; and
       (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
       (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--
       (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;
       (B) an evaluation of actions taken to improve southern sea 
     otter health, reduce southern sea otter mortality, and 
     improve southern sea otter habitat;
       (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
       (D) recommendations for funding to carry out this Act.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Recovery and research program.--The term ``Recovery and 
     Research Program'' means the recovery and research program 
     under section 2(a).
       (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.

     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 2010 through 2015 of which--
       (1) no less than 30 percent shall be for research grants 
     under section 2(c)(3); and
       (2) no less than 30 percent shall be for recovery projects 
     under section 2(c)(4).
       (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.

     SEC. 5. TERMINATION.

       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)).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Washington (Mr. Hastings) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, growth of the southern sea otter 
population has been slow over the last decade because of high mortality 
rates. Otters die from many causes, including disease and parasites, 
malnutrition and entanglement in fishing gear. Additional action is 
needed to ensure the recovery of these animals is a success.
  H.R. 556, introduced by our colleague Congressman Sam Farr of 
California, would direct the U.S. Fish and Wildlife Service to 
implement a program that would address the decline of the southern sea 
otter by looking at health, mortality, and life history parameters, 
develop measures to reduce factors impacting marine ecosystems, health 
and human activities that limit sea otter populations, and to do so in 
accordance with consensus recommendations made by the Service's 
published Southern Sea Otter Recovery Plan.
  H.R. 556 has been substantially revised since it was introduced, 
largely to address concerns of coastal fishing interests. The bill also 
benefited from further changes to streamline the recovery and research 
grant program and clarify its scope as it advanced through the 
committee process.
  H.R. 556 is necessary to provide a stable and reliable source of 
funding for critically needed research, monitoring, and implementation 
of recovery actions. Its provisions would apply directly to southern 
sea otters, but because these otters are a keystone and a sentinel 
species, H.R. 556 would also benefit the California coastal ecosystem 
as a whole.
  So I urge Members, Mr. Speaker, to support the bill and reserve the 
balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself as much time 
as I may consume.
  Mr. Speaker, I rise in opposition to H.R. 556, a bill which will take 
a threatened species and place its management needs above others, even 
if those species are in danger of becoming extinct.
  The U.S. Fish and Wildlife Service is the agency with management over 
the southern sea otter and most other animals listed as endangered or 
threatened under the Endangered Species Act. The Service should be 
afforded the opportunity to make its own determination on how best to 
use Endangered Species Act recovery funds.
  Mr. Speaker, I don't believe Congress should get into the habit of 
promoting one species' needs over other more endangered species. We 
should let the management agency do its job, guided by the Endangered 
Species Act.
  I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Farr).
  Mr. FARR. Mr. Speaker, the southern sea otters are a keystone 
species, as the chairwoman pointed out. That means that if they break 
the chain, the whole ecological system falls apart. And essentially, 
what you find in the oceans are the sea urchins are kind of like the 
snails of the ocean. They eat the seaweed. And if the sea urchins go 
unchecked, you'll clearcut the oceans and have no habitat for all the 
fish and other things that live in the kelp beds.
  So the sea otters, by eating urchins--and frankly, we have a big 
urchin industry in California as well--have been compatible for years 
and years. The problem we have with the southern sea otters is that 
it's a remarkable recovery, and it's a tribute to Federal law that 
listed them, because they were less than 100 animals, and now they're 
up to about 2,000.
  But guess what? They're not growing and there are less than there 
were a few years ago. So there is something happening to this species 
that nobody can understand. And that's why you need specific 
legislation to try to get--as the bill points out, it's a research 
bill.
  And I want to point out to the ranking member, Mr. Hastings, that 
where he pointed out that we shouldn't have these management sort of by 
single caveat, although we have done, in law, the African Elephant, the 
Bald and the Golden Eagle--and I know those are important to you in 
your district--the Tule Elk Preservation Act, the Fur Seal Act, the 
Crown of Thorns Starfish Act, the North Pacific Halibut Act, the Salmon 
Conservation Act, and the Atlantic Striped Bass Conservation; those

[[Page 19411]]

are just 8 which I could quickly find, and I'm sure there's a lot more.
  I think that the crisis here of the sea otter, and, frankly, it's a 
big economic issue, too, because those of us who live along the central 
coast of California, it is a big draw for tourism, and that's why the 
Monterey Bay Aquarium, their single-most looked at and visited exhibit 
is the sea otters.
  So this bill came about with a lot of work from a lot of 
organizations. There's 13 organizations that have gone in support of 
this bill and brought these issues to us, including the Defenders of 
Wildlife, Friends of the Sea Otter, The Humane Society of the United 
States, the Marine Conservation Biology Institute, the Natural 
Resources Defense Counsel, Oceana, and many others, and they represent 
about 14 million members.
  So I'm pleased that we were able to work out this bill with the 
committee and bring it to the floor and hopefully get it adopted so 
that we can figure out why this canary species, if the sea otters are 
dying, then something else is happening that is very keen to the 
coastal and near-shore environment that affects the well-being of 
mankind.

                              {time}  1530

  So I would appreciate your support on this bill. It is important to 
good science and to the preservation of our marine ecosystem.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of 
my time.
  Mrs. CAPPS. Mr. Speaker, I rise today to express my support for H.R. 
556, the Southern Sea Otter Recovery and Research Act.
  I want to thank my neighbor, Sam Farr, for introducing this 
legislation, which I have cosponsored. We both represent districts that 
are home to the southern sea otter, and so this topic is of great 
concern to me and my constituents.
  Sea otters on the California coast are dying. A recent study by the 
U.S. Geological Survey found that otter populations are down 3.8 
percent from last year, the fastest decline since the 1990s.
  We need to act, and we need to act now.
  Scientists believe that these elevated mortality rates are linked to 
water pollution, but continued research is needed to clearly understand 
the pathways of diseases and to learn how to protect the sea otter. And 
we need to take concrete action to recover the population.
  H.R. 556 requires the Fish and Wildlife Service, in conjunction with 
the U.S. Geological Survey, to carry out just such a research and 
recovery program.
  This program requires monitoring, analysis, and assessment of 
population health and mortality, and directs the agencies to find ways 
to reduce or eliminate those factors that might be causing the decline 
in sea otter populations.
  The health of Central California's marine ecosystem and economy 
depends in large part on the health of the sea otter.
  Sea otters are keystone species and economic drivers. By foraging on 
sea urchins they help to maintain a lively kelp forest environment. 
Kelp forests, in turn, influence oceanographic patterns, ensure a 
healthy habitat for many commercially important fish species, and 
provide countless recreational opportunities. As a symbol of 
California, sea otters also bring in droves of tourists who want to 
nature watch and purchase merchandise.
  This bill is not just about preserving one species, but about 
preserving an ecosystem, an economy, and a way of life. In these 
uncertain times, we must fight to preserve all that we can. The science 
is clear; the sea otters need our help. And, quite frankly, we need 
theirs.
  I urge all of my colleagues to vote in support of H.R. 556.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support the bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 556, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HASTINGS of Washington. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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