H.R. 4043 moves to House floor for vote
An edited version of a bill that would have detrimental effects on sea otters has passed the Natural Resources Committee and is now headed to the House floor for a vote as an amendment to H.R. 4310, the Defense Authorization Act.
The bill, called H.R. 4043 and originally introduced to the House of Representatives by Rep. Elton Gallegly (R – Santa Barbara and Ventura Counties), is worded differently than the original version that was introduced back in February. Friends of the Sea Otter and our partners, including the Monterey Bay Aquarium and Defenders of Wildlife, succeeded in altering language that would have changed the monitoring program already in place for sea otters at San Nicolas Island.
However, commercial fishing special interests have insisted on replacing text which would have required the federal government to maintain commercial shellfish harvest levels at current levels despite an expanding sea otter range. The new and unprecedented language instead supersedes the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) and strips protections for sea otters that live south of Point Conception.
The new language would essentially authorize fishermen to continue irresponsible fishing practices that have been proven to ensnare, trap, and kill sea otters. Normally the protections afforded the threatened southern sea otter under the ESA and MMPA would prohibit “incidental take” that might occur when a sea otter is trapped in large-scale fishing gear, in order to protect the species.
H.R. 4043’s new language, for the first time in history, exempts sea otters in Southern California from these protections under the country’s most landmark wildlife protection laws. This is not only disastrous for sea otters, but the bill also sets a horrible precedent for all species protected under the ESA and MMPA that might prove to be an “inconvenience” to a well-connected special interest group.
The bill will be voted on as an amendment to the National Defense Authorization when it reaches the floor of the House of Representatives.
(5/18/2012) UPDATE: House passed HR 4310, including the Gallegly amendment stripping Southern California’s sea otters of incidental take protections under Endangered Species Act and Marine Mammal Protection Act. Click to read FSO’s Press Release. FSO will continue to monitor and oppose the Gallegly amendment in the Senate.