[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3664 Reported in Senate (RS)]
<DOC>
Calendar No. 628
117th CONGRESS
2d Session
S. 3664
To assist in the conservation of the North Atlantic right whale by
supporting and providing financial resources for North Atlantic right
whale conservation programs and projects of persons with expertise
required for the conservation of North Atlantic right whales, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2022
Mr. Booker (for himself, Mr. Carper, Mr. Blumenthal, Mr. Whitehouse,
Mr. Padilla, Mr. Van Hollen, and Mrs. Feinstein) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
December 12, 2022
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To assist in the conservation of the North Atlantic right whale by
supporting and providing financial resources for North Atlantic right
whale conservation programs and projects of persons with expertise
required for the conservation of North Atlantic right whales, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Right Whale Coexistence Act
of 2022''.</DELETED>
<DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) North Atlantic right whales (Eubalaena
glacialis) are critically endangered, with fewer than 340
remaining at the time of the introduction of this
Act;</DELETED>
<DELETED> (2) historically, the North Atlantic right whale
population was decimated by the whaling industry, although the
whale population received protections from such industry in the
1930s;</DELETED>
<DELETED> (3) despite a modest recovery prior to 2010, the
North Atlantic right whale is one of the most endangered whales
in the world and has experienced a significant decline since
2010;</DELETED>
<DELETED> (4) the North Atlantic right whale has been listed
as an endangered species under the Endangered Species
Conservation Act of 1969 (Public Law 89-669; 80 Stat. 926) and
its successor the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) since 1970 and is designated as depleted under
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.);</DELETED>
<DELETED> (5) because North Atlantic right whales are long-
lived and highly migratory, and at present rates females give
birth to a single calf only once every 5 to 10 years, they are
highly vulnerable to the impacts of human activity and habitat
degradation, with female whales and calves particularly
vulnerable to vessel strikes;</DELETED>
<DELETED> (6) North Atlantic right whales frequently cross
paths with high vessel traffic areas and fishing grounds,
leaving the whales particularly vulnerable to vessel collisions
and fishing gear entanglements, the leading causes of injury
and death to the species;</DELETED>
<DELETED> (7) even when North Atlantic right whales do not
die as a result of fishing gear entanglement or vessel strike,
those whales can still experience significant sub-lethal
effects such as chronic stress and reproductive
failure;</DELETED>
<DELETED> (8) this ongoing decline due to human impacts
resulted in a further 30 percent decline in the population
between 2019 and 2020 resulting in the lowest population
estimate in the past 2 decades;</DELETED>
<DELETED> (9) based on the current rate of mortality of
North Atlantic right whales, and because of the small number of
breeding females in the population and low birth rates, recent
analysis suggests the species will lose its ability to recover
in merely a few decades if human-caused mortality is not
reduced immediately;</DELETED>
<DELETED> (10) under the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), United States fishermen in
certain locations have been required to modify their fishing
gear and behavior to minimize the likelihood of entanglements,
including by using sinking groundlines, having weak links in
buoy lines, using multiple traps per buoy, appropriately
marking fishing gear, and complying with seasonal area-specific
closures in North Atlantic right whale habitats;</DELETED>
<DELETED> (11) vessels in United States waters that are 65
feet or more in length have been required to comply with a
seasonal 10-knot speed limit in certain locations to reduce the
threat of vessel collisions; and</DELETED>
<DELETED> (12) ongoing mortalities, driven in part by shifts
in North Atlantic right whale distribution caused by climate
change, indicate that additional actions are necessary to
reverse this species' population decline.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) the Governments of the United States and
Canada must work together to reduce lethal and sub-lethal
effects of human activities on North Atlantic right whales;
and</DELETED>
<DELETED> (2) effectively addressing the threats to the
long-term viability of the North Atlantic right whales will
require a joint commitment and effort from government entities,
local communities, marine scientists and conservationists,
fishermen, owners and operators of commercial and recreational
vessels and others in the boating and shipping industries, and
other stakeholders.</DELETED>
<DELETED>SEC. 3. PURPOSES.</DELETED>
<DELETED> The purposes of this Act are the following:</DELETED>
<DELETED> (1) To rebuild healthy populations of the North
Atlantic right whale.</DELETED>
<DELETED> (2) To assist in the conservation and protection
of North Atlantic right whales by supporting North Atlantic
right whale conservation programs that minimize conflicts
between North Atlantic right whales and human
activities.</DELETED>
<DELETED>TITLE I--NORTH ATLANTIC RIGHT WHALE CONSERVATION</DELETED>
<DELETED>SEC. 101. NORTH ATLANTIC RIGHT WHALE CONSERVATION
ASSISTANCE.</DELETED>
<DELETED> (a) Assistance.--</DELETED>
<DELETED> (1) In general.--Subject to the availability of
funds and in consultation with other Federal officials, the
Secretary of Commerce (in this title referred to as the
``Secretary'') shall provide competitive financial assistance,
including multiyear grants, for projects designed to reduce the
lethal and sub-lethal effects of human activities on North
Atlantic right whales for which project proposals are approved
by the Secretary in accordance with this section.</DELETED>
<DELETED> (2) Use of existing authorities.--Assistance
provided under this section shall be carried out in a manner
consistent with authorities available to the Secretary under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.).</DELETED>
<DELETED> (b) Project Proposals.--</DELETED>
<DELETED> (1) Eligible applicants.--A project proposal may
be submitted to the Secretary under this section by--</DELETED>
<DELETED> (A) relevant State and tribal agencies,
research institutions, and nonprofit organizations with
expertise required for the conservation of North
Atlantic right whales; and</DELETED>
<DELETED> (B) any other individual or entity, as
determined appropriate by the Secretary, with the
expertise required for the conservation of North
Atlantic right whales, including--</DELETED>
<DELETED> (i) large whale disentanglement
teams approved by the National Oceanic and
Atmospheric Administration and members in good
standing of the National Marine Mammal Health
and Stranding Response Program;</DELETED>
<DELETED> (ii) an owner or operator of a
vessel, as defined under section 3 of title 1,
United States Code; and</DELETED>
<DELETED> (iii) participants within sectors
of the maritime industry, such as boating,
shipping, fishing, fishing gear and rope
manufacturing, and other maritime
activities.</DELETED>
<DELETED> (2) Federal partnership opportunities.--A Federal
agency may not be a lead entity or receive funding for a
project under this section, but may be included as a partner or
collaborator on a project that receives such funding.</DELETED>
<DELETED> (c) Annual Grant Project Proposal Solicitation, Review,
and Approval.--</DELETED>
<DELETED> (1) In general.--The Secretary shall annually--
</DELETED>
<DELETED> (A) solicit project proposals for grants
under this section;</DELETED>
<DELETED> (B) provide to other Federal officials, as
appropriate, copies of each proposal submitted in
response to the solicitation; and</DELETED>
<DELETED> (C) review each such proposal on a
timeline that recognizes the urgency of the declining
North Atlantic right whale population to determine
whether the proposal meets the criteria specified in
subsection (d).</DELETED>
<DELETED> (2) Consultation; approval or disapproval.--
Subject to the availability of funds, the Secretary shall, with
respect to each project proposal submitted under this section,
and after consulting with other Federal officials, as
appropriate--</DELETED>
<DELETED> (A) consult, with respect to the proposal,
with the government of each State and foreign country
in which the project is to be conducted;</DELETED>
<DELETED> (B) take into consideration any comments
resulting from the consultation and input from fishing
and other stakeholders on the potential impacts as a
result of the proposal; and</DELETED>
<DELETED> (C) approve or disapprove the proposal in
accordance with subsections (d) and (e) and provide
written notification of the approval or disapproval to
the individual or entity that submitted the proposal,
other Federal officials, and each State and foreign
country described in subparagraph (A).</DELETED>
<DELETED> (d) Criteria for Approval.--The Secretary may approve a
project proposal under this section that is likely to aid in the
recovery and sustainability of a viable population of North Atlantic
right whales in the wild. Such projects shall--</DELETED>
<DELETED> (1) address the unintentional conflicts between
humans and North Atlantic right whales through development,
testing, and use of innovative technology or other methods to
reduce the lethal and sub-lethal effects on North Atlantic
right whales from fishing gear entanglements and vessel
collisions; and</DELETED>
<DELETED> (2)(A) promote cooperative projects on such topics
with foreign governments; or</DELETED>
<DELETED> (B) promote cooperative projects on such topics
with affected local communities, small businesses such as
fishermen, others in the maritime private sector, or
nongovernmental organizations.</DELETED>
<DELETED> (e) Priority.--In determining whether to fund project
proposals under this section, the Secretary shall prioritize projects--
</DELETED>
<DELETED> (1) with a substantial likelihood of reducing
lethal and sub-lethal effects on North Atlantic right whales
from fishing gear entanglements or vessel collisions;</DELETED>
<DELETED> (2) that include cooperation with private sector
stakeholders; and</DELETED>
<DELETED> (3) that demonstrate, or have the potential to
provide, economic benefits to small businesses based in the
United States.</DELETED>
<DELETED> (f) Matching Requirement.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(3), the non-Federal share of the costs of an activity
conducted with financial assistance under this section shall be
25 percent of such costs.</DELETED>
<DELETED> (2) In-kind contributions.--The Secretary may
apply to the non-Federal share of an activity conducted with
financial assistance under this section the amount of funds,
and the fair market value of property and services, provided by
non-Federal sources and used for the activity.</DELETED>
<DELETED> (3) Waiver of requirements.--The Secretary may
waive the application of paragraph (1) if the Secretary finds
that such waiver is necessary to support a conservation project
that the Secretary has identified as of high
priority.</DELETED>
<DELETED> (g) Project Reporting.--</DELETED>
<DELETED> (1) In general.--Each individual or entity that
receives assistance under this section for a project shall
submit to the Secretary periodic reports (at such intervals as
the Secretary may require) that include all information that
the Secretary, after consultation with other government
officials, determines is necessary to evaluate the progress and
success of the project for the purposes of ensuring positive
results, assessing problems, and fostering
improvements.</DELETED>
<DELETED> (2) Availability to the public.--Reports under
paragraph (1), and any other documents relating to projects for
which financial assistance is provided under this Act, shall be
made available to the public in a timely manner.</DELETED>
<DELETED>SEC. 102. REPORT TO CONGRESS.</DELETED>
<DELETED> Not later than 2 years after the date of enactment of this
Act, and every 5 years thereafter, the Secretary shall submit to
Congress a report on the results and effectiveness of projects
receiving assistance provided under this title, including
recommendations concerning how this title might be improved and whether
funding for this title should be continued in the future.</DELETED>
<DELETED>SEC. 103. FUNDING.</DELETED>
<DELETED> (a) Authorization of Appropriations.--</DELETED>
<DELETED> (1) Authorization.--There is authorized to be
appropriated to the Secretary to carry out this title
$15,000,000 for each of fiscal years 2022 through
2032.</DELETED>
<DELETED> (2) Administrative expenses.--Of the amounts
authorized to be appropriated under this subsection for a
fiscal year, the Secretary may expend not more than 5 percent,
or up to $80,000, whichever is greater, to pay the
administrative expenses necessary to carry out this
Act.</DELETED>
<DELETED> (3) Supplement not supplant.--The amount
authorized to be appropriated by paragraph (1) shall supplement
and not supplant other amounts available to the
Secretary.</DELETED>
<DELETED> (b) Acceptance and Use of Donations.--The Secretary may
accept, receive, solicit, hold, administer, and use any gift, devise,
or bequest to provide assistance under section 101.</DELETED>
<DELETED>TITLE II--CONTINUOUS PLANKTON RECORDER</DELETED>
<DELETED>SEC. 201. SURVEY.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
enactment of this Act, and on an ongoing basis thereafter, the
Secretary of Commerce shall conduct a Continuous Plankton Recorder
survey.</DELETED>
<DELETED> (b) Required Elements.--For the purpose of conducting the
survey required under subsection (a), the Northeast Fisheries Science
Center shall--</DELETED>
<DELETED> (1) to the extent possible, utilize the resources
of and partner with, on a volunteer basis, research
institutions, nonprofit organizations, commercial vessels, and
other Federal agencies;</DELETED>
<DELETED> (2) in as short a time as possible, ensure
relevant survey samples and results are analyzed, stored,
archived, and made publicly available;</DELETED>
<DELETED> (3) prioritize the collection of plankton samples
and data that inform the conservation of North Atlantic right
whales; and</DELETED>
<DELETED> (4) to the extent practicable, coordinate with the
Government of Canada to develop a transboundary understanding
of plankton abundance and distribution.</DELETED>
<DELETED> (c) Authorization of Appropriations.--To carry out this
section there is authorized to be appropriated to the Secretary of
Commerce $300,000 for each of fiscal years 2022 through 2032.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right Whale Coexistence Act of
2022''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To rebuild a healthy population of the North Atlantic
right whale.
(2) To assist in the conservation and protection of North
Atlantic right whales by supporting North Atlantic right whale
conservation programs that reduce conflicts between North
Atlantic right whales and human activities to sustainable
levels.
TITLE I--NORTH ATLANTIC RIGHT WHALE CONSERVATION
SEC. 101. NORTH ATLANTIC RIGHT WHALE CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--Subject to the availability of funds and
in consultation with other Federal officials, the Secretary of
Commerce (in this title referred to as the ``Secretary'') shall
provide competitive financial assistance, including multiyear
grants, for projects designed to reduce the lethal and sub-
lethal effects of human activities on North Atlantic right
whales for which project proposals are approved by the
Secretary in accordance with this section.
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) and the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
(b) Project Proposals.--
(1) Eligible applicants.--A project proposal may be
submitted to the Secretary under this section by--
(A) relevant State and Tribal governments, research
institutions, and nonprofit organizations with
expertise required for the conservation of North
Atlantic right whales; and
(B) any other individual or entity, as determined
appropriate by the Secretary, with the expertise
required for the conservation of North Atlantic right
whales, including--
(i) large whale disentanglement teams
approved by the National Oceanic and
Atmospheric Administration and members in good
standing of the National Marine Mammal Health
and Stranding Response Program;
(ii) an owner or operator of a vessel, as
defined under section 3 of title 1, United
States Code; and
(iii) participants within sectors of the
maritime industry, such as boating, shipping,
fishing, fishing gear and rope manufacturing,
and other maritime activities.
(2) Federal partnership opportunities.--A Federal agency
may not be a lead entity or receive funding for a project under
this section, but may be included as a partner or collaborator
on a project that receives such funding.
(c) Annual Grant Project Proposal Solicitation, Review, and
Approval.--
(1) In general.--The Secretary shall annually--
(A) solicit project proposals for grants under this
section;
(B) provide to other Federal officials, as
appropriate, copies of each proposal submitted in
response to the solicitation; and
(C) review each such proposal on a timeline that
recognizes the urgency of the declining North Atlantic
right whale population to determine whether the
proposal meets the criteria specified in subsection
(d).
(2) Consultation; approval or disapproval.--Subject to the
availability of funds, the Secretary shall, with respect to
each project proposal submitted under this section, and after
consulting with other Federal officials, such as the Marine
Mammal Commission, as appropriate--
(A) consult, with respect to the proposal, with the
government of each State, Tribal government, and
foreign country in which the project is to be
conducted;
(B) take into consideration any comments resulting
from the consultation and input from fishing and other
stakeholders on the potential impacts as a result of
the proposal; and
(C) approve or disapprove the proposal in
accordance with subsections (d) and (e) and provide
written notification of the approval or disapproval to
the individual or entity that submitted the proposal,
other Federal officials, and each State, Tribal
government, and foreign country described in
subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section that is likely to aid in the recovery and
sustainability of a viable population of North Atlantic right whales in
the wild. Such projects shall--
(1) address the unintentional conflicts between humans and
North Atlantic right whales through development, testing, and
use of gear or technology or other methods to reduce the lethal
and sub-lethal effects on North Atlantic right whales from
fishing gear entanglements and vessel collisions; and
(2)(A) promote cooperative projects on such topics with
foreign governments; or
(B) promote cooperative projects on such topics with
affected local communities, small businesses such as fishermen,
others in the maritime private sector, or nongovernmental
organizations.
(e) Priority.--In determining whether to fund project proposals
under this section, the Secretary shall prioritize projects--
(1) with a substantial likelihood of reducing lethal and
sub-lethal effects on North Atlantic right whales from fishing
gear entanglements or vessel collisions;
(2) that include cooperation with private sector
stakeholders; and
(3) that demonstrate, or have the potential to provide,
economic benefits to small businesses based in the United
States.
(f) Matching Requirement.--
(1) In general.--Except as provided in paragraph (3), the
non-Federal share of the costs of an activity conducted with
financial assistance under this section shall be 25 percent of
such costs.
(2) In-kind contributions.--The Secretary may apply to the
non-Federal share of an activity conducted with financial
assistance under this section the amount of funds, and the fair
market value of property and services, provided by non-Federal
sources and used for the activity.
(3) Waiver of requirements.--The Secretary may waive the
application of paragraph (1) if the Secretary finds that such
waiver is necessary to support a conservation project that the
Secretary has identified as of high priority.
(g) Prohibited Uses.--
(1) In general.--Except as provided in paragraph (2), funds
awarded under this section may not be used to distribute
resources to an entity or individual that is not a United
States person (as defined in section 7701(a)(3) of the Internal
Revenue Code of 1986).
(2) Exception.--Funds awarded under this section may be
used to distribute resources to a partnership that includes an
entity or individual that is not a United States person (as
defined in section 7701(a)(30) of the Internal Revenue Code of
1986) if the resources are distributed directly to a partner in
the partnership that is a United States person (as so defined).
(h) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to the
Secretary periodic reports (at such intervals as the Secretary
may require) that include all information that the Secretary,
after consultation with other government officials, determines
is necessary to evaluate the progress and success of the
project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--Reports under paragraph
(1) shall be made available to the public in a timely manner.
SEC. 102. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, and
every 5 years thereafter, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Natural Resources of the House of Representatives a report
on the results and effectiveness of projects receiving assistance
provided under this title, including recommendations concerning how
this title might be improved and whether funding for this title should
be continued in the future.
SEC. 103. FUNDING.
(a) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to the Secretary to carry out this title $15,000,000 for each
of fiscal years 2023 through 2032.
(2) Administrative expenses.--Of the amounts authorized to
be appropriated under this subsection for a fiscal year, the
Secretary may expend not more than 5 percent, or up to $80,000,
whichever is greater, to pay the administrative expenses
necessary to carry out this title.
(3) Supplement not supplant.--The amount authorized to be
appropriated by paragraph (1) shall supplement and not supplant
other amounts available to the Secretary.
(b) Acceptance and Use of Donations.--The Secretary may accept,
receive, solicit, hold, administer, and use any gift, devise, or
bequest, consistent with policy of the Department of Commerce in effect
on the date of enactment of this Act, to provide assistance under
section 101.
TITLE II--CONTINUOUS PLANKTON RECORDER
SEC. 201. SURVEY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and on an ongoing basis thereafter, the
Secretary of Commerce shall conduct a Continuous Plankton Recorder
survey.
(b) Required Elements.--For the purpose of conducting the survey
required under subsection (a), the Northeast Fisheries Science Center
shall--
(1) to the extent possible, utilize the resources of and
partner with, on a volunteer basis, research institutions,
nonprofit organizations, commercial vessels, and other Federal
agencies;
(2) in as short a time as possible, ensure relevant survey
samples and results are analyzed, stored, archived, and made
publicly available;
(3) prioritize the collection of plankton samples and data
that inform the conservation of North Atlantic right whales;
and
(4) to the extent practicable, coordinate with the
Government of Canada to develop a transboundary understanding
of plankton abundance and distribution.
(c) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated to the Secretary of Commerce
$300,000 for each of fiscal years 2023 through 2032, which shall be
derived from existing funds otherwise appropriated to the Secretary.
Calendar No. 628
117th CONGRESS
2d Session
S. 3664
_______________________________________________________________________
A BILL
To assist in the conservation of the North Atlantic right whale by
supporting and providing financial resources for North Atlantic right
whale conservation programs and projects of persons with expertise
required for the conservation of North Atlantic right whales, and for
other purposes.
_______________________________________________________________________
December 12, 2022
Reported with an amendment