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1) Do you think that the provisions in H.R. 2760 will 



adequately address the resource competition problems between 

 the shellfish fisheries of California and the California Sea 

 Otter? If not, do you have any suggestions about how the 

 problem could be resolved? 



H.R. 2760 provides that the provisions of the Endangered 

 Species Act of 1973 and P.L. 99-625, and not the provisions of 

 the bill, would govern the incidental taking of California sea 

 otters during the course of commercial fishing operations. P.L. 

 99-625 provided authority to the Fish and Wildlife Service to (a) 

 capture and translocate sea otters from the parent population in 

 California to establish an experimental population at San Nicolas 

 Island; and (b) using non-lethal means, prevent sea otters from 

 expanding their range in California to the other Channel Islands 

 or mainland areas south of Point Conception. 



P.L. 99-625 does not authorize preventing or limiting 

 reoccupation of areas historically occupied by sea otters north 

 of their current range in California. Thus., as long as it 

 remains in effect, P.L. 99-625 requires that the Fish and 

 Wildlife Service prevent sea otters from reoccupying their 

 historic range south of Point Conception, but does not limit or 

 provide authority for limiting expansion northward. Further, if 

 the establishment of the experimental sea otter colony at San 

 Nicolas Island is determined not to have been successful, there 

 no longer would be a requirement, under P.L. 99-625, to prevent 

 range expansion south of Point Conception. 



Sea otters eat abalone, sea urchins, and other shellfish. 

 The best available information indicates that, prior to their 

 extirpation by commercial hunting in the last century, sea otters 

 limited the numbers of abalone, sea urchins, and other shellfish 

 wherever they were able to feed effectively. Thus, the removal 

 of sea otters allowed the growth of abalone, sea urchin, and 

 other shellfish populations which, in turn, allowed the 

 development of commercial fisheries for these sea otter prey 

 species. If sea otters are allowed to reoccupy their historic 

 range in California, they likely will reduce populations of 

 abalones, sea urchins, and other prey species to their pre-sea 

 otter exploitation levels, and thereby preclude commercial 

 fisheries for these species. Reduction of sea urchin populations 

 is likely to enhance kelp growth in some areas and enhance 

 finfish populations and fisheries. 



Under the Marine Mammal Protection Act as presently written, 

 taking of marine mammals is prohibited, except for certain 

 limited purposes, such as scientific research and enhancement, 

 if the affected population is not at its optimum sustainable 

 level . 



