The Recovery Report
The Otter Project Newsletter

Fall 2009

Fish and Wildlife Service Fails To End The No Otter Zone- The Otter Project Sues!

We’ve been wringing our hands over the no otter zone for a long time—as our most seasoned members well know. With the no otter zone, there’s a lot to worry about--a huge patch of native otter habitat now full of industries hostile to otters—where otters aren’t protected by the most basic of our wildlife laws-- is a recipe for otter trouble: harassment, boat strike and death. This is no laughing matter for a population in decline.

The no otter zone is bad for otters, bad for ecosystems and bad for coastal communities. And it’s time to end it. This September The Otter Project and Environmental Defense Center (EDC) in Santa Barbara jointly filed a lawsuit against the US Fish and Wildlife Service for failing to end the no otter zone in spite of 16 years worth of the agency admitting that they ought to. In addition to being our partner in the suit, EDC’s legal staff is representing us.

Getting Fish and Wildlife Service to act can be a challenge, especially on an issue that is steeped in controversy. Fish and Wildlife Service is the agency that is officially responsible for recovering the sea otter population under the Endangered Species Act—and with the no otter zone in place, this is impossible. The Service has argued that leaving the zone in place (for just a little longer…) causes no harm to otters but we disagree. Failing to act is not a productive policy—and The Otter Project is ready to use legal means to get a decision out of the Service.

We’ve been working for years to resolve this issue without having to apply legal pressure—even though the Services’ failure to act is clearly a violation of the Endangered Species Act. We’ve negotiated with the Service at various levels; we’ve enlisted the help of our Congressional representatives, including Sam Farr, Barbara Boxer, Anna Eshoo, and Lois Capps. We have statements from the Channel Islands National Marine Sanctuary, Channel Islands National Park, and the Monterey Bay Aquarium advocating on behalf of sea otters. We’ve passed on your letters and requests and pleas. We’ve passed on the kid art which echoes your pleas, but in a cuter way. The response has always been the same—another six months, another year, its right around the corner.

We’ve turned that corner many times though, and a final decision is always just a little further out of reach. Most recently, the Navy has gotten involved, claiming that the Service didn’t consider their input (almost 5 years after the public comment period ended, in which the Navy did not comment). In spite of our protracted engagement on this issue, the Service has been tightlipped about the negotiations. When we pressed for a timeline, we were told that these things are “hard to predict,” and that “these things take a long time.”

Well we know what “just around the corner” means to the Service. A long time? It could be 16 more years! And with the otter population in decline, we are simply not willing to give them that time. It’s time to sue. In fact, it’s long overdue.

Lawsuits are controversial, but we have reason to believe that we’re suing the Service into taking an action that they want to take—many of the staff at the Service realize that ending the no otter zone is necessary, but have just gotten caught in the bureaucratic red tape that is a modern public agency.

We have reason to believe that the suit will be successful—and with the support of our partners at EDC and members like you, we think we can end the no otter zone—and protect otters everywhere—once and for all!

Sea Otter Bill Passes In The House- Now It's Time For The Senate!

After years of hard work, the Sea Otter Recover and Research Act passed the House on July 28, 2009.

Thank you to every one of you who helped make it happen—your letters, e-mails and phone calls really made a difference in letting legislators know that sea otters and ocean issues are important to their constituents. The bill passed with a 2/3 majority vote.

There’s still more to do though—the bill has now been sent to the Senate. Californian Senator Barbara Boxer has agreed to sponsor the bill. It has been referred to the Committee on Commerce, Science and Transport, where it has to go through the process all over again. That means we’re going to need your help again!

We’re far closer than ever to seeing a sea otter bill passed—which would provide essential funding for research AND our hard earned recovery actions! Stay tuned for more ways you can help make this bill a reality.

Otter Safety Is No Accident- What To Do If You Witness Harassment.

As we fight to end the no otter zone, controversy over otters is bound to flare. You and I might believe in the otters’ right to inhabit its native waters, but not everyone does. We’ve heard hostile fisherman brag about shooting otters, and otters in the no otter zone show higher levels of fear towards humans than those in other parts of the range—suggesting that they have been harassed.

So what to do if you witness otter harassment?

U.S. Fish and Wildlife Service is the federal agency responsible for sea otters. If you want to file a report with an agent, you can do so at one of their three California law enforcement offices:

Torrance: (310) 328-1516

Burlingame: (650) 876-9078

Sacramento (916) 414-6660

Tell the operator that you wish to speak to an agent regarding sea otter harassment. Filing a report with FWS will let them know that otter harassment is happening, but their offices are remote, and they are not likely to respond in the field unless it’s an ongoing problem.

You can also notify any agent authorized to enforce wildlife laws, such as Sanctuary enforcement officers, National Marine Fisheries Service, or CA Department of Fish and Game.

Remember, if you see an injured otter, don’t approach it! Call the Monterey Bay Aquarium at (831) 648-4840 or the Marine Mammal Center at (415) 289-7325.

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