Wildlife Service. The California Superior Court denied the 

 request for a temporary restraining order, concluding that 

 the action against the Fish and Wildlife Service should have 

 been brought in Federal court. On 11 September, plaintiffs 

 filed an amended complaint in the Federal District Court 

 adding allegations of violations of the National Environmental 

 Policy Act and P.L. 99-625. The Court denied the plaintiff's 

 motion for a preliminary injunction on 29 September, ruling 

 that the plaintiff was unlikely to succeed on the merits of 

 its claims. Both the Federal and State defendants filed 

 dispositive motions on 28 December 1987. California moved to 

 have the claims against it dismissed on the basis of the 

 Eleventh Amendment, which gives States immunity from suits in 

 Federal court. Federal defendants filed a motion for summary 

 judgment, seeking to have the case decided on the merits. A 

 hearing on the matter is expected in March 1988. 



In accordance with the Memorandum of Understanding signed 

 by the Fish and Wildlife Service and the California Department 

 of Fish and Game in August 1987, the State of California on 

 18 September 1987 enacted legislation prohibiting the use of 

 entangling fishing nets in all waters less than 20 fathoms 

 deep around San Nicolas Island and banning the discharge of 

 firearms within the designated translocation zone. 



Summary of 1987 Translocation Activities 



Capture of sea otters for translocation to San Nicolas 

 Island was initiated on 24 August 1987 in the southern third 

 of the mainland California sea otter range (Point Buchon 

 north to Lopes Point) by teams of biologists from the Fish 

 and Wildlife Service and the California Department of Fish 

 and Game. From 24 August to 30 October 1987 when capture 

 operations were concluded, 108 sea otters (48 males and 60 

 females) were captured. Sixty-four of these were transported 

 to the Monterey Bay Aquarium for examination, tagging, and 

 holding pending transfer to San Nicolas Island or return to 

 the original capture site. Three otters died while at the 

 Aquarium and one was returned to its capture site. Sixty 

 otters were transported to the island (13 males and 47 females) 

 in eight groups. Three otters are known to have died soon 

 after release at San Nicolas Island. Two more were found 

 dead on the mainland (on 11 and 22 October) and three live 

 animals, plus a newborn pup, were sighted in a kelp bed near 

 the Los Angeles/Ventura County line on 8 December 1987. In 

 addition, there have been reports that three otters were 

 caught and killed, two in lobster pots and one in a gill net, 

 in the Management Zone. 



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