[Senate Report 111-362]
[From the U.S. Government Publishing Office]
111th Congress
2d Session SENATE Report
111-362
_______________________________________________________________________
Calendar No. 686
THE SOUTHERN SEA OTTER RECOVERY AND RESEARCH ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1748
December 10, 2010.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce Andrews, General Counsel
Ann Begeman, Republican Staff Director
Brian Hendricks, Republican General Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 686
111th Congress Report
SENATE
2d Session 111-362
======================================================================
THE SOUTHERN SEA OTTER RECOVERY AND
RESEARCH ACT
_______
December 10, 2010.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 1748]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1748) to establish a program of
research, recovery, and other activities to provide for the
recovery of the southern sea otter, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1748 is to establish a program of research,
recovery, and other activities to provide for the recovery of
the southern sea otter, including monitoring, analysis, and
assessment of southern sea otter population demographics,
health, causes of mortality, and life history parameters
including wide-ranging population surveys. The bill would also
require the development and implementation of measures to
reduce or eliminate potential factors limiting southern sea
otter populations related to marine ecosystem health or human
activities.
Background and Needs
The southern sea otter (Enhydra lutris nereis) is a
subspecies of sea otter that is currently listed as
``threatened'' under the Endangered Species Act (ESA) and
protected under the Marine Mammal Protection Act (MMPA). The
southern sea otter is a ``keystone'' species in the California
kelp forest ecosystem, which strongly influences the abundance
and diversity of species. It is also considered a ``sentinel''
species, or a species that warns of compromised ecosystem
function or health, and may foreshadow threats to human health.
The subspecies occupies the coastal waters of California. Its
habitat ranges from San Mateo County at the northern edge of
its range to Santa Barbara County at the southern extent. There
is also a small, isolated population that was translocated to
San Nicolas Island, roughly 75 miles west of Los Angeles in
1987 as part of an experimental recovery program. Historically,
the southern sea otter inhabited coastal waters from Baja to
Northern California,\1\ and may have extended as far north as
Prince William Sound in Alaska.\2\ However, during the 18th and
19th centuries, the population was decimated by fur hunters
seeking their high-value pelts and assumed to be extinct for
the next several decades.\3\ In the early 1900s, a small group
of roughly 50 otters was discovered along the Big Sur coast,
and the current population of southern sea otters is completely
derived from this small group.\4\ In 1911, the International
Fur Seal Treaty, the first international treaty for wildlife
conservation, gave sea otters protection from hunting.
---------------------------------------------------------------------------
\1\Wilson, DE, MA Bogan, RL Brownell Jr., AM Burdin, and MK Maminov
(1991) Geographic variation in sea otters, Enhydra lutris. J. Mammal,
72(1) 22-36.
\2\Riedman, ML and JA Estes (1990) The sea otter: behavior, ecology
and natural history. US Fish and Wildlife Service, Biol. Rep. 90(14)
126-127.
\3\Bryant, HC (1915) Sea otters near Point Sur. California
Department of Fish and Game Bulletin 1, 134-135.
\4\Jessup, David A, Melissa Miller, Jack Ames, Mike Harris,
Christine Kreuder, Patricia A. Conrad, and Jonna A.K. Mazet (2004)
Southern sea otter as sentinel of marine ecosystem health. EcoHealth 1,
239-245.
---------------------------------------------------------------------------
The most common causes of mortality among southern sea otters
are bacterial infections, parasitic disease, shark attack, and
cardiac disease.\5\ Many scientists believe that the prevalence
of infectious and parasitic disease, as well as cardiac
disease, may be linked to pollutants reaching the near-shore
marine environment. These pollutants likely include sewage from
treatment facility overflow, urban run-off, and agricultural
chemicals.\6\ The diet of the southern sea otter consists
primarily of filter-feeding bottom dwellers, such as abalone,
mussels, and sea urchins, which tend to concentrate
contaminants and disease-causing pathogens. This makes sea
otters very susceptible to marine pollutants. Entanglement and
drowning in fishing gear, shootings, and boat strikes are also
low-level, but persistent, causes of direct human-caused
mortality.\7\ Food availability and habitat degradation may be
limiting factors in southern sea otter population recovery.
---------------------------------------------------------------------------
\5\Kreuder, C., MA Miller, DA Jessup, LJ Lowenstine, MD Harris, JA
Ames, TE Carpenter, PA Conrad, and JAK Mazet. (2003) Patterns of
Mortality in Southern Sea Otters from 1998-2001. Journal of Wildlife,
39(3) 495-509.
\6\Jessup, David A. Melissa Miller, Chris Kreuder-Johnson, Patricia
A. Conrad, Timothy Tinker, James Estes and Jonna AK Mazet. (2007) Sea
Otters in a Dirty Ocean. Journal of the American Veterinary Medical
Association, 231(11) 1648-1652.
\7\USFWS (2008) Final Southern Sea Otter Stock Assessment Report.
Ventura, CA
---------------------------------------------------------------------------
In 1982, the U.S. Fish and Wildlife Service (USFWS) formed a
Southern Sea Otter Recovery Team and created a recovery plan
for the species. Revised drafts were completed in 1991, 1996,
2000, and 2003. The recovery plan sets a goal of at least 8,400
animals as the optimal sustainable population level (there are
currently about 2,800 southern sea otters). It also sets forth
criteria for delisting\8\ or uplisting\9\ the subspecies, and
sets out monitoring and research plans, necessary mitigation
actions and a cost of recovery program.\10\ The State of
California has also enacted a law to reduce southern sea otter
entanglement and drowning in fishing gear.\11\
---------------------------------------------------------------------------
\8\The southern sea otter population should be considered for
delisting under the ESA when the average population level over a three-
year period exceeds 3,090 animals.
\9\The southern sea otter population should be considered for
listing as ``endangered'' under the ESA if the population declines
below an ``effective population size of 500 animals,'' or 1,850
animals.
\10\USFWS (2003) Final revised recovery plan for the southern sea
otter. Portland, OR. xi+165 pp.
\11\California Senate Bill No. 2563
---------------------------------------------------------------------------
On November 7, 1986, Public Law 99-625 was enacted, which
authorized the Secretary of the Interior to develop and
implement a plan to relocate and manage an experimental
population of southern sea otters. Under the program, some sea
otters were relocated to San Nicolas Island as an experimental
population. Additionally, an ``otter free'' management zone was
created along the coast, south of Point Conception. Animals
found in the management zone were removed and relocated to the
northern part of their range. This process of relocation ended
in 1998, resulting in controversy among the fishing community,
as a small number of otters moved in and out of the management
zone on a seasonal basis. Some in the fishing community, like
urchin and abalone fishermen, view otter presence as
competition for scarce resources.
In 2000, an ESA section 7 consultation determined that the
relocation program would jeopardize the recovery of the
southern sea otter.\12\ In 2005, USFWS drafted a Supplemental
Environmental Impact Statement on the Translocation of Sea
Otters, proposing the termination of the southern sea otter
translocation program on San Nicolas Island and a cessation of
otter removal from translocation or management zones.\13\
---------------------------------------------------------------------------
\12\USFWS. (2000) Reinitiation of formal consultation on the
containment program for the southern sea otter (1-8-99-FW-81).
California/Nevada Operations Office. 19 July.
\13\USFWS (2005) Draft Supplemental Environmental Impact Statement,
Translocation of Southern Sea Otters. Ventura, CA.
---------------------------------------------------------------------------
From 2007-2009, the southern sea otter population averaged
2,813 individuals--about 20 percent of the estimated carrying
capacity of the region (approximately 16,000 individuals\14\).
Overall, the population growth rate appears to be stable or
slightly declining.\15\ However, the population has higher
growth rates at the southern extent of its range and lower
growth rates at the central and northern parts.\16\ The
recovery of this species in California remains a concern for
wildlife managers. Other recovering sea otter populations in
Washington, British Columbia, and Alaska have been growing at a
rate of up to 17 to 20 percent, while southern sea otter
population growth from 2003-2008 was only about 3 percent.\17\
---------------------------------------------------------------------------
\14\Laidre, Kristin L, Ronald J Jameson, Douglas Demaster (2000) An
estimation of the carrying capacity for sea otters along the California
coast. Marine Mammal Science 17 (2) 294-309.
\15\USGS, http://www.werc.usgs.gov/Project.aspx?ProjectID=91
\16\Tinker, MT, JA Estes, K Ralls, TM Williams, D Jessup, and DP
Costa (2006) Population dynamics and biology of the California sea
otter at the southern edge of its range. MMS OCS Study 2006-2007.
Coastal Research Center, Marine Science Institute, University of
California, Santa Barbara, California. MMS Cooperative Agreement Number
14-35-0001-31063.
\17\USFWS (2008) Final Southern Sea Otter Stock Assessment Report.
Ventura,CA.
---------------------------------------------------------------------------
On Wednesday, November 4, 2009, the Subcommittee on Oceans,
Atmosphere, Fisheries, and Coast Guard held a hearing entitled,
``The Future of Ocean Governance: Building Our National Ocean
Policy,'' at which testimony was provided by several
departments and agencies of the Federal government, including
the U.S. Department of the Interior (DOI). As a part of that
hearing, DOI described the beneficial role that narrowly
focused conservation efforts, such as recovery efforts for
individual species, can play as part of a more comprehensive,
ecosystem-based approach for managing natural resources.
DOI noted that sea otters are important predators in the
nearshore marine ecosystems of the North Pacific Ocean and are
generally considered to be a keystone species in these
communities. Sea urchins are a preferred prey item of sea
otters, and are also commonly viewed as the most important
subtidal grazers of large algae, including kelp, in California.
Recovery of the southern sea otter would be beneficial to
nearshore kelp forests and the species they support because, in
areas where sea urchin grazing is limiting kelp establishment
and growth, the presence of sea otters can generally be
expected to keep sea urchin populations under control,
resulting in increased stability and persistence of kelp forest
habitat. Healthy kelp forests, in turn, provide numerous direct
and indirect ecosystem benefits, including reductions in
coastal erosion and improved habitat for numerous fish and
invertebrate species.
DOI also stated that a recovery and research program would
have benefits for understanding and addressing factors
affecting other species in California's kelp ecosystem and
human health. For example, research into parasitic infection of
southern sea otters associated with the otters' use of
particular areas of coastline and selection of certain types of
prey may allow the development of management interventions that
will have implications for a wide range of marine and other
animals that are vulnerable to the same parasites.
Summary of Provisions
S. 1748 would direct USFWS and US Geological Survey (USGS) to
implement a southern sea otter recovery and research program.
This program would include (1) monitoring, analysis, and
assessment of population ecology and health; and (2)
implementation of measures to reduce or eliminate potential
factors limiting populations that are related to marine
ecosystem health or human activities. The bill would mandate
the establishment of a southern sea otter recovery
implementation team as authorized under the ESA and the
creation of a peer-reviewed, merit-based process to award
competitive grants for: (1) research regarding the major
stressors on southern sea otters; and (2) projects assisting in
the recovery of southern sea otter populations.
Legislative History
Senator Boxer introduced S. 1748 on October 1, 2009. Senator
Feinstein is a cosponsor of the legislation. The bill was
referred to the Committee on Commerce, Science, and
Transportation on October 29, 2009. A companion bill, H.R. 556,
was introduced by Rep. Sam Farr of California on January 15,
2009, and was passed by the House of Representatives on July
28, 2009.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1748--Southern Sea Otter Recovery and Research Act
Summary: S. 1748 would authorize the appropriation of $5
million annually over the 2011-2016 period for the Fish and
Wildlife Service and the United States Geological Survey to
conduct research and recovery programs affecting southern sea
otters along the coast of California. Assuming appropriation of
the authorized amounts, CBO estimates that carrying out the
program would cost $20 million over the next five years and an
additional $10 million after 2015. Enacting the bill would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures would not apply.
S. 1748 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1748 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level......................................... 5 5 5 5 5 25
Estimated Outlays........................................... 2 3 5 5 5 20
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
1748 will be enacted near the end of fiscal year 2010 and that
the authorized amounts will be appropriated for each year.
Estimated outlays are based on historical spending patterns for
similar programs.
Estimated intergovernmental and private-sector impact: S.
1748 contains no intergovernmental or private-sector mandates
as defined in UMRA and would impose no costs on state, local,
or tribal governments.
Previous CBO estimate: On June 16, 2009, CBO transmitted a
cost estimate for H.R. 556, the Southern Sea Otter Recovery and
Research Act, as ordered reported by the House Committee on
Natural Resources on June 10, 2009. H.R. 556 and S. 1742 are
similar but would authorize appropriations for different years.
The CBO cost estimates reflect this difference.
Estimate prepared by: Federal Costs: Martin von Gnechten;
Impact on State, Local, and Tribal Governments: Melissa
Merrell; Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1748 would establish a program of research, recovery, and
other activities to provide for the recovery of the southern
sea otter, which has been listed as threatened under the ESA
since 1977, and therefore also deemed to be ``depleted'' under
the MMPA. The program that would be established under the bill
would deal solely with the recovery of the southern sea otter.
ECONOMIC IMPACT
The bill would authorize annual appropriations of $5 million
for each of fiscals years 2010 through 2015. These funding
levels are not expected to have an inflationary impact on the
Nation's economy.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
S. 1748 would not impose any new paperwork requirements on
private citizens, businesses, or other entities.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title
This section would provide that this Act may be cited as the
``Southern Sea Otter Recovery and Research Act.''
Section 2. Definitions
This section would define the terms ``recovery and research
program'' as ``the southern sea otter recovery and research
program carried out under section 3(a)'' and ``Secretary'' as
``the Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service and the Director of
the United States Geologic Survey.''
Section 3. Southern Sea Otter Recovery and Research Program
Subsection (a) of this section would direct the Secretary of
the Interior, acting through the USFWS and the USGS to carry
out a recovery and research program for southern sea otter
populations along the coast of California informed by: (1) the
USFWS Final Revised Recovery Plan for the southern sea otter;
(2) the USFWS Research Plan for California Sea Otter Recovery,
drafted by the Southern Sea Otter Recovery and Implementation
Team in 2007; and (3) any other USFWS recovery, research or
conservation plan adopted after the enactment of this Act. It
would require that this recovery and research program include:
(1) monitoring, analysis, and assessment of the population
demographics, health, causes of mortality, and life history
parameters of southern sea otters; and (2) development and
implementation of measures to reduce or eliminate potential
factors limiting southern sea otter populations related to
marine ecosystem health or human activities.
Subsection (b) of this section would require the appointment
of a Recovery Implementation Team not later than one year after
the date of enactment.
Subsection (c) of this section would authorize the
establishment of a peer-reviewed, merit-based process to award
competitive grants for southern sea otter research, and for
projects assisting in the recovery of southern sea otter
populations. The Secretary would be required to establish, as
necessary, a peer review panel to provide scientific advice and
guidance to prioritize proposals for these grants. Research
funded by grants made under this program may focus on: (1)
causes of mortality; (2) demographics and natural history of
sea otters; (3) effects and sources of poor water quality on
sea otters and mechanisms for addressing their effects and
sources; (4) effects and sources of infectious diseases and
parasites; (5) limitations on food availability and impacts on
carrying capacity; (6) interactions with fisheries and other
human marine activities; (7) the keystone ecological role of
sea otters, including effects of sea otter predation,
especially how this impacts human welfare, health and ecosystem
services; and (8) emergency response and contingency plans.
Recovery projects funded with grants made under this program
may include projects that (1) protect and recover southern sea
otter populations; (2) reduce, mitigate, or eliminate potential
human-caused factors that limit population growth (such as
habitat degradation, factors that cause mortality, compromise
health, or factors restricting distribution or abundance); or
(3) implement emergency response and contingency plans.
Subsection (d) of this section would require a report within
one year after the date of enactment on (1) the status of sea
otter populations; (2) the implementation of the recovery and
research program and grant program; and (3) any relevant formal
ESA consultation. It would require a second report within two
years after the date of enactment and every five years
thereafter, in consultation with the southern sea otter
recovery and implementation team, that includes: (1) an
evaluation of health, causes of mortality and interactions with
California coastal marine ecosystems; (2) an evaluation of
actions taken for the improvement of sea otter health or
habitat, or reduction of mortality; (3) recommendations to
further improve sea otter and California coastal marine
ecosystem health and reduce sea otter mortality; and (4)
funding recommendations.
Section 4. Authorization of appropriations
This section would authorize $5,000,000 for each of fiscal
years 2010 through 2015, and would cap administrative expenses
at 7 percent. The authorization is further allocated with 30
percent of the authorization for research, 30 percent for
recovery activities, and the remainder provided to the
Secretary of the Interior for additional grants for either
research or recovery projects.
Section 5. Termination
This section provides that the Act would terminate on the
date that the Secretary publishes a determination that the
southern sea otter be should be removed from ESA listing.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.