III 

110TH CONGRESS 

2D SESSION S. RES. 456 

Directing the United States to undertake bilateral discussions with Canada 

to negotiate an agreement to conserve populations of large whales at 

risk of extinction that migrate along the Atlantic seaboard of North 

America. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2008 

Ms. SNOWE (for herself, Ms. COLLINS, and Mr. SUNUNU) submitted the following resolution; which was referred to the Committee on Foreign Relations

RESOLUTION 

Directing the United States to undertake bilateral discussions 

with Canada to negotiate an agreement to conserve populations of large whales at risk of extinction that migrate 

along the Atlantic seaboard of North America. 

Whereas populations of large whales in the north Atlantic, including north Atlantic right whales, fin whales, 

and humpback whales, were substantially reduced, 

largely due to commercial whaling efforts that ended 

more than 60 years ago in the United States and 

more than 30 years ago in Canada, and rebuilding 

and protecting these species requires significant conservation efforts; 


smartinez on PRODPC61 with BILLS
2 

•SRES 456 IS 

Whereas the United States and Canada share the goals 

of marine resource conservation through sound scientific research and seek to protect large whales at 

risk of extinction; 

Whereas north Atlantic right whales, humpback whales, 

and fin whales are listed as ‘‘endangered’’ under the 

United States Endangered Species Act and ‘‘depleted’’ under the Marine Mammal Protection Act, 

and north Atlantic right whales are listed as ‘‘endangered’’ and fin whales are listed as a species of ‘‘special concern’’ under Canada’s Species at Risk Act; 

Whereas north Atlantic right whales, humpback whales, 

and fin whales, migrate throughout the north Atlantic Ocean, including through the waters of the United 

States and Canada along the eastern Atlantic Seaboard; 

Whereas the populations of large whales in the north Atlantic Ocean are affected by natural factors including 

availability of forage and oceanographic conditions 

such as water temperature, salinity, and currents, 

and additional research on these topics will facilitate 

whale conservation; 

Whereas some fishermen in both the United States and 

Canada employ fixed gear types within the migratory 

range of large whales, thereby exposing the species to 

risks of entanglement, and ships transiting both 

United States and Canadian waters have been known 

to strike large whales resulting in injury or death of 

the cetaceans; 

Whereas the United States has taken significant regulatory and advisory steps to reduce the impacts of its 


smartinez on PRODPC61 with BILLS
3 

•SRES 456 IS 

fishing and shipping activities on large whale species, 

including restrictions on fixed fishing gear, closures 

of areas to certain types of fishing effort seasonally, 

and advisory restrictions on vessel traffic; 

Whereas effective regulations to ensure conservation and 

protection of these large whale species must be a 

transboundary, bilateral effort that equitably distributes the costs and benefits of whale conservation 

among regulated and other concerned parties in each 

Nation, including the United States and Canadian 

governments, the fishing and shipping industries, 

States, Canadian provinces, and interested nongovernmental organizations; 

Whereas Canada and the United States have a history of 

cooperation on transboundary marine resource issues, 

including a joint effort by the Canadian Department 

of Fisheries and Oceans and the United States’ 

Provincetown Center for Coastal Studies and the 

New England Aquarium to assist entangled large 

whales in the Bay of Fundy and Gulf of Maine; 

Whereas the United States National Oceanic and Atmospheric Administration has long been involved with a 

series of bilateral discussions with Canada concerning 

the United States Atlantic Large Whale Take Reduction Plan, and the Canadian Species at Risk Plan; 

and 

Whereas encouraging collaboration between representatives of the United States and Canadian Federal governments, affected States and Canadian provinces, 

affected fishing and shipping industries, and non-governmental organizations will facilitate the parties’ 


smartinez on PRODPC61 with BILLS
4 

•SRES 456 IS 

ability to develop a sound, scientifically supported, 

mutually acceptable agreement: Now, therefore, be it 

1 Resolved, by the Senate That— 

2 (1) the United States should undertake bilat3 eral discussions with Canada to negotiate an agree4 ment for the conservation and protection of migra5 tory or transboundary populations of large whales at 

6 risk of extinction in the northwest Atlantic Ocean; 

7 (2) the agreement negotiated pursuant to para8 graph (1) should contain mechanisms, inter alia, for 

9 reducing incidents of endangered large whales be10 coming entangled in fishing gear, being struck by 

11 ships, or otherwise adversely impacted by human ac12 tivity; 

13 (3) the mechanisms developed pursuant to 

14 paragraph (2) should ensure that— 

15 (A) the costs and benefits of whale con16 servation regulations are to the extent feasible 

17 fairly and equitably distributed among regu18 lated and other concerned parties including the 

19 United States and Canadian governments, the 

20 fishing and shipping industries, States, Cana21 dian provinces, and interested nongovernmental 

22 organizations; 


smartinez on PRODPC61 with BILLS
5 

•SRES 456 IS 

1 (B) the full economic impact on fishing 

2 communities is considered in the development of 

3 such measures; and 

4 (C) the best available science on whale be5 havior, including diving, feeding, and migration, 

6 is used to develop conservation mechanisms; 

7 (4) as any bilateral agreement is negotiated and 

8 implemented, the United States and Canada should 

9 consult with, inter alia, affected fishery management 

10 agencies, coastal States and provinces impacted by 

11 the agreement, and appropriate industry and non12 governmental organizations; and 

13 (5) until the agreement pursuant to paragraph 

14 (1) becomes operational, the United States should 

15 continue to undertake efforts to reduce the impacts 

16 of human activity on endangered large whales while 

17 taking steps, to the extent consistent with United 

18 States law, to minimize the economic impact of such 

19 efforts on affected industries. 

Æ 


smartinez on PRODPC61 with BILLS