[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5957 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5957
To reduce risks to marine mammals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 12, 2021
Mr. Larsen of Washington (for himself, Mr. Fitzpatrick, Mr. Kilmer, Ms.
Strickland, Mr. Grijalva, Ms. Schrier, and Ms. DelBene) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Transportation and
Infrastructure, and Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reduce risks to marine mammals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. VESSEL SPEED RESTRICTIONS IN MARINE MAMMAL HABITAT.
(a) In General.--The Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) is amended by inserting after section 120 the
following:
``SEC. 121. VESSEL SPEED RESTRICTIONS IN MARINE MAMMAL HABITAT.
``(a) In General.--The Secretary shall, in coordination with the
Marine Mammal Commission and the Commandant of the Coast Guard, and
applying the best available scientific information--
``(1) designate areas of importance for marine mammals
known to experience vessel strikes and establish for each such
area seasonal or year-round mandatory vessel speed restrictions
to reduce vessel strikes or other vessel-related impacts, as
necessary, for vessels operating in such areas; and
``(2) implement for such species, as appropriate, dynamic
management area programs incorporating mandatory vessel
restrictions to protect marine mammals from vessel strikes or
other vessel-related impacts occurring outside designated areas
of importance.
``(b) Areas of Importance.--In designating areas under subsection
(a), the Secretary--
``(1) shall consider including--
``(A) the important feeding, breeding, calving,
rearing, or migratory habitat for priority species of
marine mammals, including all areas designated as
critical habitat for such species under section 4 of
the Endangered Species Act of 1973 (16 U.S.C. 1533)
except any area the Secretary determines does not
intersect with areas of vessel traffic such that an
elevated risk of mortality or injury caused by vessel
strikes exists; and
``(B) areas of high marine mammal mortality,
injury, or harassment caused by vessel strikes; and
``(2) may consider including--
``(A) any area designated as a National Marine
Sanctuary, Marine National Monument, National Park, or
National Wildlife Refuge; and
``(B) areas of high marine mammal primary
productivity with year-round or seasonal aggregations
of marine mammals to which this section applies.
``(c) Deadline for Regulations.--Not later than 2 years after the
date of the enactment of this section, the Secretary shall designate
areas and vessel restrictions under subsection (a) and issue such
regulations as are necessary to carry out this section, consistent with
notice and comment requirements under chapter 5 of title 5, United
States Code.
``(d) Modifying or Designating New Areas of Importance.--
``(1) In general.--The Secretary shall issue regulations to
modify or designate the areas of importance and vessel
restrictions under this section not later than 180 days after
the issuance of regulations to establish or to modify critical
habitat for marine mammals pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
``(2) Reexamination.--The Secretary shall--
``(A) reexamine the areas of importance designated
and vessel restrictions under this section every 5
years following the initial issuance of the regulations
to determine if the best available scientific
information warrants modification or designation of
areas of importance for vessel restrictions; and
``(B) not later then 14 months after any revisions
under subparagraph (A), publish such revisions in the
Federal Register after notice and opportunity for
public comment.
``(3) Petition; findings; regulations.--
``(A) Initial finding.--Not later than 90 days
after receiving the petition of an interested person
under section 553(e) of title 5, United States Code, to
designate, modify, or add an area of importance or
vessel restriction under this section, the Secretary
shall make a finding as to whether the petition
presents substantial scientific information indicating
that the petitioned action may be warranted.
``(B) Additional findings; regulations.--The
Secretary shall--
``(i) promptly publish a finding under
subparagraph (A) in the Federal Register for
comment;
``(ii) not later than 1 year after the
close of comments under clause (i), publish in
the Federal Register a finding of whether the
petitioned action is warranted;
``(iii) if the Secretary determines that
the petitioned action is warranted, publish
draft regulations designating or modifying and
vessel restrictions the area of importance; and
``(iv) not later than 12 months after
publication of draft regulations under clause
(iii), issue final regulations designating or
modifying the area of importance and vessel
restrictions.
``(e) Exceptions for Safe Maneuvering and Using Authorized
Technology.--
``(1) In general.--Restrictions established under
subsection (a) shall not apply to a vessel operating at a speed
necessary to maintain safe maneuvering speed if such speed is
justified because the vessel is in an area where oceanographic,
hydrographic, or meteorological conditions severely restrict
the maneuverability of the vessel and the need to operate at
such speed is confirmed by the pilot on board or, when a vessel
is not carrying a pilot, the master of the vessel. If a
deviation from the applicable speed limit is necessary pursuant
to this subsection, the reasons for the deviation, the speed at
which the vessel is operated, the latitude and longitude of the
area, and the time and duration of such deviation shall be
entered into the logbook of the vessel. The master of the
vessel shall attest to the accuracy of the logbook entry by
signing and dating the entry.
``(2) Authorized technology.--
``(A) In general.--Vessel restrictions established
under subsection (a) shall not apply to a vessel
operating using technology authorized by regulations
issued by the Secretary under subparagraph (B).
``(B) Regulations.--The Secretary may issue
regulations authorizing a vessel to operate using
technology specified by the Secretary under this
subparagraph if the Secretary determines that such
operation is at least as effective as the vessel
restrictions established under subsection (a) in
reducing mortality and injury to marine mammals.
``(f) Applicability.--Any speed restriction established under
subsection (a)--
``(1) shall apply to all vessels subject to the
jurisdiction of the United States, all other vessels entering
or departing a port or place subject to the jurisdiction of the
United States, and all other vessels within the Exclusive
Economic Zone of the United States, regardless of flag; and
``(2) shall not apply to--
``(A) vessels owned, operated, or under contract by
the Department of Defense or the Department of Homeland
Security, or engaged with such vessels;
``(B) law enforcement vessels of the Federal
Government or of a State or political subdivision
thereof, when such vessels are engaged in law
enforcement or search and rescue duties;
``(C) pilot vessels engaged in support of pilotage
operations; or
``(D) vessels with foreign sovereign immunity, as
reflected under international law.
``(g) Statutory Construction.--
``(1) In general.--Nothing in this section shall be
interpreted or implemented in a manner that--
``(A) subject to paragraph (2), preempts or
modifies any obligation of any person subject to the
provisions of this title to act in accordance with
applicable State laws, except to the extent that those
laws are inconsistent with any provision of this title,
and then only to the extent of the inconsistency;
``(B) affects or modifies any obligation under
Federal law; or
``(C) preempts or supersedes the final rule titled
`To Implement Speed Restrictions to Reduce the Threat
of Ship Collisions With North Atlantic Right Whales',
codified at section 224.105 of title 50, Code of
Federal Regulations, except for actions that are more
protective than the Final Rule and further reduce the
risk of take to North Atlantic right whales.
``(2) Inconsistencies.--The Secretary may determine whether
inconsistencies referred to in paragraph (1)(A) exist, but may
not determine that any State law is inconsistent with any
provision of this title if the Secretary determines that such
law gives greater protection to covered marine species and
their habitat.
``(h) Priority Species.--For the purposes of this section, the term
`priority species' means, at a minimum, all Mysticeti species, species
within the genera Physeter and Trichechus, and the Southern Resident
Killer Whale distinct population segment of Orcinus orca.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated--
``(1) to the Secretary to carry out this section,
$3,000,000 for each of fiscal years 2022 through 2026; and
``(2) to the Commandant of the Coast Guard to carry out
this section, $3,000,000 for each of fiscal years 2024 through
2026.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
120 the following:
``Sec. 121. Vessel speed restrictions in marine mammal habitat.''.
SEC. 2. MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric Administration
(hereinafter in this Act referred to as the ``Administrator''), and the
Director of the United States Fish and Wildlife Service (hereinafter in
this Act referred to as the ``Director'') shall maintain and expand an
Ocean Noise Reference Station Network, using and coordinating with the
Integrated Ocean Observing System, the Office of National Marine
Sanctuaries, and the Department of Defense, to--
(1) provide grants to expand the deployment of Federal and
non-Federal observing and data management systems capable of
collecting measurements of underwater sound in high-priority
ocean and coastal locations for purposes of monitoring and
analyzing baselines and trends in the underwater soundscape to
protect and manage marine life;
(2) continue to develop and apply standardized forms of
measurements to assess sounds produced by marine animals,
physical processes, and anthropogenic activities; and
(3) after coordinating with the Department of Defense,
coordinate and make accessible to the public the datasets,
modeling and analysis, and user-driven products and tools,
resulting from observations of underwater sound funded through
grants authorized by this section.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator, to support integrated ocean
observations activities carried out under this section, $1,500,000 for
each of fiscal years 2022 through 2026.
SEC. 3. GRANTS FOR SEAPORTS TO ESTABLISH PROGRAMS TO REDUCE THE IMPACTS
OF VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE MAMMALS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator and the Director, in
coordination with the Secretary of Defense, shall establish a grant
program to provide assistance to up to 10 seaports to develop and
implement mitigation measures that will lead to a quantifiable
reduction in threats to marine mammals from shipping activities and
port operations.
(b) Eligible Uses.--A grant under this section may be used to
develop, assess, and carry out activities that quantifiably reduce
threats and enhance the habitats of marine mammals by--
(1) reducing underwater stressors related to marine
traffic;
(2) reducing vessel strike mortality and other physical
disturbances;
(3) enhancing marine mammal habitat, including the habitat
for prey of marine mammals; or
(4) monitoring sound, vessel interactions with marine
mammals, or other types of monitoring that are consistent with
reducing the threats to and enhancing the habitats of marine
mammals.
(c) Priority.--The Administrator and the Director shall prioritize
assistance under this section for projects that--
(1) assist ports with higher relative threat levels to
vulnerable marine mammals from vessel traffic;
(2) reduce disturbance from vessel presence or mortality
risk from vessel strikes;
(3) are in close proximity to National Marine Sanctuaries,
Marine National Monuments, National Parks, National Wildlife
Refuges, and other Federal, State, and local marine protected
areas; and
(4) allow eligible entities to conduct risk assessments and
track progress toward threat reduction and habitat enhancement,
including protecting coral reefs from encroachment by commerce
and shipping lanes.
(d) Outreach.--The Administrator and the Director shall conduct
outreach to seaports to provide information on how to apply for
assistance under this section, the benefits of the program under this
section, and facilitation of best practices and lessons learned.
(e) Eligible Entities.--A person shall be eligible for assistance
under this section if the person is--
(1) a port authority for a seaport;
(2) a State, regional, local, or Tribal agency that has
jurisdiction over a maritime port authority or a seaport; or
(3) a private entity or government entity, applying for a
grant awarded under this section in collaboration with another
entity described in paragraph (1) or (2), that owns or operates
a maritime terminal.
(f) Report.--The Administrator and the Director shall jointly
submit annually to the Committee on Natural Resources of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, a report that includes the following:
(1) The name and location of each entity receiving a grant.
(2) The amount of each grant.
(3) The name and location of the seaport in which the
activities took place.
(4) A description of the activities carried out with the
grant funds.
(5) An estimate of the impact of the project to reduce
threats or enhance habitat of marine mammals.
(g) Requirements for Department of Defense Consultation.--
(1) In general.--Prior to awarding any grants under this
section, the Administrator and the Director shall consult with
the Secretary of Defense to ensure each eligible entity and its
proposed activities do not raise national security concerns.
(2) Notification.--In carrying out the requirements of
paragraph (1), the Administrator and the Director shall--
(A) provide the Secretary of Defense with a copy of
any grant applications being considered for funding;
and
(B) ensure such grant applications include any
information requested by the Secretary of Defense to
conduct a national security review.
(3) Determination of potential adverse impact.--
(A) Requirement.--Not later than 60 days after
receiving the information requested pursuant to
paragraph (2), the Secretary of Defense shall determine
whether a proposed activity may have a potential
adverse impact with respect to national security. A
determination that cannot be completed in the 60-day
period may be extended by mutual agreement between the
agencies.
(B) No determination made.--A determination
required under this paragraph that has not been issued
within 120 days, and for which the Administrator and
the Director have not agreed to further extensions,
shall be considered complete for the purposes of this
subsection and the proposed activity may move forward.
(C) Limitation.--Neither the Administrator or the
Director may award any grants until the Secretary of
Defense has completed a determination pursuant to this
subsection. A proposed activity determined to have a
potential adverse impact to national security may not
proceed until modifications are made to such proposed
activity to resolve national security concerns.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator, for carrying out this section,
$5,000,000 for each of fiscal years 2022 through 2026, to remain
available until expended.
SEC. 4. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE
WHALES.
(a) Establishment of the Program.--The Administrator, in
coordination with the Secretary of Defense and the heads of other
relevant Federal departments and agencies, shall design and deploy a
Near Real-Time Large Whale Monitoring and Mitigation Program in order
to curtail the risk to large whales of vessel collisions, entanglement
in commercial fishing gear, and to minimize other impacts, including
underwater noise from development activities. Such program shall be
capable of detecting and alerting ocean users and enforcement agencies
of the location of large whales on a near real-time basis, informing
sector-specific mitigation protocols that can effectively reduce take
of large whales, and continually integrating improved technology. The
program shall be informed by the technologies, monitoring methods, and
mitigation protocols developed pursuant to the pilot program required
in subsection (b).
(b) Pilot Project.--
(1) Establishment.--In carrying out subsection (a), the
Administrator shall first establish a pilot monitoring and
mitigation project for North Atlantic right whales for the
purposes of informing a cost-effective, efficient, and results-
oriented near real-time monitoring and mitigation program for
large whales.
(2) Pilot project requirements.--In designing and deploying
the monitoring system, the Administrator, in coordination with
the heads of other relevant Federal departments and agencies,
shall, using best available scientific information, identify
and ensure coverage of--
(A) core foraging habitats of North Atlantic right
whales, including--
(i) the ``South of the Islands'' core
foraging habitat;
(ii) the ``Cape Cod Bay Area'' core
foraging habitat;
(iii) the ``Great South Channel'' core
foraging habitat; and
(iv) the Gulf of Maine; and
(B) important feeding, breeding, calving, rearing,
or migratory habitats of North Atlantic right whales
that co-occur with areas of high risk of mortality,
injury, or harassment of such whales from vessel
strikes, disturbance from development activities, and
entanglement in commercial fishing gear.
(3) Pilot project monitoring components.--
(A) In general.--Not later than 3 years after the
date of the enactment of this Act, the Administrator,
in consultation with relevant Federal agencies, Tribal
governments, and with input from affected stakeholders,
shall design and deploy a real-time monitoring system
for North Atlantic right whales that includes near
real-time monitoring methods, technologies, and
protocols that--
(i) comprise sufficient detection power,
spatial coverage, and survey effort to detect
and localize North Atlantic right whales within
core foraging habitats;
(ii) are capable of detecting North
Atlantic right whales acoustically and
visually, including during periods of poor
visibility and darkness;
(iii) take advantage of dynamic habitat
suitability models that help to discern the
likelihood of North Atlantic right whale
occurrence in core foraging habitat at any
given time;
(iv) coordinate with the Integrated Ocean
Observing System to leverage monitoring assets;
(v) integrate new near real-time monitoring
methods and technologies as they become
available;
(vi) accurately verify and rapidly
communicate detection data; and
(vii) allow for ocean users to contribute
data that is verified to be collected using
comparable near real-time monitoring methods
and technologies.
(B) National security considerations.--All
monitoring methods, technologies, and protocols under
subparagraph (A) shall be consistent with national
security considerations and interests.
(4) Pilot program mitigation protocols.--The Secretary
shall, in consultation with the Secretary of Homeland Security,
Secretary of Defense, Secretary of Transportation, and
Secretary of the Interior, and with input from affected
stakeholders, develop and deploy mitigation protocols that make
use of the near real-time monitoring system to direct sector-
specific mitigation measures that avoid and significantly
reduce risk of injury and mortality to North Atlantic right
whales.
(5) Pilot program access to data.--The Administrator shall
provide access to data generated by the monitoring system for
purposes of scientific research and evaluation, and public
awareness and education, through the NOAA Right Whale Sighting
Advisory System and WhaleMap or other successive public web
portals, subject to review for national security
considerations.
(6) Pilot program reporting.--
(A) Interim report.--Not later than 2 years after
the date of the enactment of this Act, the
Administrator shall submit to the Committee on Natural
Resources of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate, and make available to the public, an
interim report that assesses the benefits and efficacy
of the North Atlantic right whale near real-time
monitoring and mitigation pilot program. The report
shall include--
(i) a description of the monitoring methods
and technology in use or planned for
deployment;
(ii) analyses of the efficacy of the
methods and technology in use or planned for
deployment in detecting North Atlantic right
whales both individually and in combination;
(iii) how the monitoring system is directly
informing and improving species management and
mitigation in near real-time across ocean
sectors whose activities pose a risk to North
Atlantic right whales; and
(iv) a prioritized identification of gaps
in technology or methods requiring future
research and development.
(B) Final report.--Not later than 3 years after the
date of the enactment of this Act, the Administrator,
in coordination with the Secretary of Defense and the
heads of other relevant Federal departments and
agencies, shall submit to the Committee on Natural
Resources of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate, and make available to the public, a final
report, addressing the components in subparagraph (A)
for the subsequent 1 year following the publication of
the interim report, and including the following--
(i) a strategic plan to expand the pilot
program to provide near real-time monitoring
and mitigation measures to additional large
whale species, including a prioritized plan for
acquisition, deployment, and maintenance of
monitoring technologies, and the locations or
species for which the plan would apply; and
(ii) a budget and description of
appropriations necessary to carry out the
strategic plan pursuant to the requirements of
clause (i).
(c) Additional Authority.--In carrying out this section, the
Administrator may enter into and perform such contracts, leases,
grants, or cooperative agreements as may be necessary to carry out the
purposes of this section on such terms as the Administrator considers
appropriate, consistent with Federal acquisition regulations.
(d) Reporting.--Not later than 1 year after the deployment of the
program described in subsection (b) (and after completion of the
reporting requirements pursuant to subsection (b)(5)), and annually
thereafter through 2029, the Administrator shall submit to the
Committee on Natural Resources of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the Senate, and
make available to the public, a report that assess the benefits and
efficacy of the near real-time monitoring and mitigation program.
(e) Definitions.--In this section:
(1) Core foraging habits.--The term ``core foraging
habitats'' means areas with biological and physical
oceanographic features that aggregate Calanus finmarchicus and
where North Atlantic right whales foraging aggregations have
been well documented.
(2) Large whale.--The term ``large whale'' means all
Mysticeti species and species within the genera Physeter and
Orcinus.
(3) Near real-time.--The term ``near real-time'' means that
visual, acoustic, or other detections of North Atlantic right
whales are transmitted and reported as soon as technically
feasible, and no longer than 24 hours, after they have
occurred.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator, to support development, deployment,
application and ongoing maintenance of the monitoring system as
required by this section, $5,000,000 for each of fiscal years 2022
through 2026.
SEC. 5. GRANTS TO SUPPORT TECHNOLOGY THAT REDUCES UNDERWATER NOISE FROM
VESSELS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Administrator of the Maritime Administration
shall establish a grant program, to be administered in consultation
with the heads of other appropriate Federal departments and agencies,
to provide assistance for the development and implementation of new or
improved technologies that quantifiably reduce underwater noise from
marine vessels.
(b) Eligible Uses.--Grants provided under this section may be used
to develop, assess, and implement new or improved technologies that
materially reduce underwater noise from marine vessels.
(c) Outreach.--The Administrator of the Maritime Administration
shall conduct outreach to eligible entities to provide information on
how to apply for assistance under this section, the benefits of the
program under this section, and facilitation of best practices and
lessons learned.
(d) Eligible Entities.--A person shall be eligible for assistance
under this section if the person is--
(1) a corporation established under the laws of the United
States;
(2) an individual, partnership, association, organization
or any other combination of individuals, provided that each
such individual shall be a citizen of the United States or
lawful permanent resident of the United States or a protected
individual as such term is defined in section 274B(a)(3) of the
Immigration and Nationality Act (9 U.S.C. 1324b(a)(3)); or
(3) an academic or research organization.
(e) Requirements for Department of Defense Consultation.--
(1) In general.--Prior to awarding any grants under this
section, the Administrator of the Maritime Administration shall
consult with the Secretary of Defense to ensure each eligible
entity and its proposed activities do not raise national
security concerns.
(2) Notification.--In carrying out the requirements of
paragraph (1), the Administrator of the Maritime Administration
shall--
(A) provide the Secretary of Defense with a copy of
any grant applications being considered for funding;
and
(B) ensure such grant applications include any
information requested by the Secretary of Defense to
conduct a national security review.
(3) Determination of potential adverse impact.--
(A) Requirement.--Not later than 60 days after
receiving the information requested pursuant to
paragraph (2), the Secretary of Defense shall determine
whether a proposed activity may have a potential
adverse impact with respect to national security. A
determination that cannot be completed in the 60-day
period be extended by mutual agreement between the
agencies.
(B) No determination made.--A determination
required under this paragraph that has not been issued
within 120 days, and for which the Administrator of the
Maritime Administration has not agreed to further
extensions, shall be considered complete for the
purposes of this subsection and the proposed activity
may move forward.
(C) Limitation.--The Administrator of the Maritime
Administration may not award any grants until the
Secretary of Defense has completed a determination
pursuant to this subsection. A proposed activity
determined to have a potential adverse impact to
national security may not proceed until modifications
are made to such proposed activity to resolve national
security concerns.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator of the Maritime Administration for
carrying out this section, $5,000,000 for each of fiscal years 2022
through 2026, to remain available until expended.
SEC. 6. TECHNOLOGY ASSESSMENT FOR QUIETING UNITED STATES GOVERNMENT
VESSELS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Administrator of the Maritime
Administration, in consultation with the Commandant of the Coast Guard,
the Secretary of Defense, the Secretary of Homeland Security, and the
Administrator of the National Oceanic and Atmospheric Administration,
shall submit to the appropriate committees of Congress and publish, a
report that includes--
(1) an identification of existing unclassified technologies
that reduce underwater noise; and
(2) an evaluation of the effectiveness and feasibility of
incorporating such technologies in the design, procurement, and
construction of non-military vessels of the United States
Government.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Environment and Public Works, and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Homeland Security, the
Committee on Natural Resources, and the Committee on
Transportation and Infrastructure of the House of
Representatives.
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