Right Whale Coexistence Act of 2022
This bill provides support for the conservation of North Atlantic right whales (Eubalaena glacialis).
Specifically, it requires the National Oceanic and Atmospheric Administration (NOAA) to provide financial assistance for projects designed to reduce the lethal and sub-lethal effects of human activities on North Atlantic right whales.
In addition, NOAA must conduct surveys of plankton on an ongoing basis using a continuous plankton recorder.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6785 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6785
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 HOUSE OF REPRESENTATIVES
February 18, 2022
Mr. Moulton (for himself, Mr. Huffman, and Ms. Kuster) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right Whale Coexistence Act of
2022''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) North Atlantic right whales (Eubalaena glacialis) are
critically endangered, with fewer than 340 remaining at the
time of the introduction of this Act;
(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;
(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;
(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.);
(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;
(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;
(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;
(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;
(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;
(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;
(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
(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.
(b) Sense of Congress.--It is the sense of Congress that--
(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
(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.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To rebuild healthy populations 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 minimize conflicts between North
Atlantic right whales and human activities.
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 agencies, 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, as appropriate--
(A) consult, with respect to the proposal, with the
government of each State 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 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 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
(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) 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), 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.
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 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.
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 2022 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 Act.
(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 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 2022 through 2032.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
Subcommittee Hearings Held.
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