```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3116 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3116

  To amend the Whale Conservation and Protection Study Act to promote 
  international whale conservation, protection, and research, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2010

   Mr. Kerry introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To amend the Whale Conservation and Protection Study Act to promote 
  international whale conservation, protection, and research, 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. WHALE CONSERVATION AND PROTECTION.

    The Whale Conservation and Protection Study Act (16 U.S.C. 917 et 
seq.) is amended to read as follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `International Whale Conservation 
and Protection Act of 2010'.

``SEC. 2. FINDINGS, SENSE OF CONGRESS, AND PURPOSES.

    ``(a) Findings.--The Congress finds the following:
            ``(1) Whales are of great aesthetic and scientific interest 
        to mankind and are a vital part of the marine ecosystem.
            ``(2) For hundreds of years whales were killed for 
        commercial purposes, with some whale stocks hunted to near 
        extinction.
            ``(3) As long-lived and slow-breeding mammals, whales are 
        particularly vulnerable to the long-lasting effects from over-
        exploitation and many whale stocks have not recovered.
            ``(4) Today whales face an uncertain future due to a 
        variety of threats, including ozone depletion, chemical and 
        noise pollution, marine debris, vessel strikes, entanglements 
        with fishing gear, prey depletion, increasing offshore 
        industrial development, and escalating threats from climate 
        change, including ocean acidification.
            ``(5) Because whales migrate throughout the world's oceans, 
        international cooperation is required to successfully conserve 
        and protect them.
            ``(6) The United States has been a world leader in whale 
        conservation and protection, particularly through the 
        International Whaling Commission, and must reassert global 
        leadership in improving and strengthening whale conservation to 
        ensure that commercial, scientific, or any other type of lethal 
        whaling for nonindigenous subsistence purposes does not occur.
    ``(b) Sense of Congress.--As a world leader in whale protection, 
the United States should increase and strengthen whale conservation, 
research, and protection efforts within its exclusive economic zone and 
high seas outside the exclusive economic zone, to ensure that whale 
stocks that migrate through or reside in such waters receive full 
protection.
    ``(c) Purposes.--The purposes of this Act are as follows:
            ``(1) To reassert United States global leadership in whale 
        conservation and protection and to renew the United States 
        commitment to whale conservation.
            ``(2) To promote international efforts to conserve and 
        protect the world's whales throughout their range.
            ``(3) To promote a whale protection agreement between the 
        United States and Canada aimed at coordinating and promoting 
        conservation efforts for whales that migrate through waters of 
        both countries.
            ``(4) To strengthen the whale conservation and protection 
        efforts of relevant international organizations, including the 
        Convention on the Conservation of Migratory Species of Wild 
        Animals, done at Bonn on June 23, 1973, the ICRW, CITES, and 
        the IMO.
            ``(5) To ensure that the IWC commercial whaling ban is not 
        lifted or weakened and that any existing commercial whaling, 
        along with lethal scientific or illegal whaling, is ended.
            ``(6) To reduce, and where possible eliminate, sources of 
        human-caused death, injury, harassment, and disturbance of the 
        world's whales.
            ``(7) To initiate, expand, and fund research to improve 
        understanding of the world's whales, whale health and 
        reproduction, whale habitats, and the impacts of human 
        activities, and other threats to whales.

``SEC. 3. DEFINITIONS.

    ``In this Act:
            ``(1) Agreement.--Except as otherwise specifically 
        provided, the term `Agreement' means the North Atlantic Whale 
        Conservation Agreement referred to in section 4(e).
            ``(2) CITES.--The term `CITES' means the Convention on 
        International Trade in Endangered Species of Wild Fauna and 
        Flora, with appendices, done at Washington March 3, 1973 (27 
        UST 1087).
            ``(3) ICRW.--The term `ICRW' means the International 
        Convention for the Regulation of Whaling, done at Washington 
        December 2, 1946 (62 Stat. 1716; TIAS 1849).
            ``(4) IMO.--The term `IMO' means the International Maritime 
        Organization established pursuant to a Convention adopted under 
        the auspices of the United Nations in Geneva on March 17, 1948.
            ``(5) IMPA.--The term `IMPA' means International Marine 
        Protected Areas.
            ``(6) IWC.--The term `IWC' means the International Whaling 
        Commission established pursuant to Article III of the ICRW.
            ``(7) Marine mammal commission.--The term `Marine Mammal 
        Commission' means the Marine Mammal Commission established by 
        section 201 of the Marine Mammal Protection Act of 1972 (16 
        U.S.C. 1401).
            ``(8) Secretary.--Except as otherwise specifically 
        provided, the term `Secretary' means the Secretary of Commerce.
            ``(9) Whales.--The term `whales'--
                    ``(A) includes all whale species; and
                    ``(B) does not include any species of dolphin or 
                porpoise.
            ``(10) World trade organization.--The term `World Trade 
        Organization' means the organization established pursuant to 
        the Marrakesh Agreement Establishing the World Trade 
        Organization (WTO), done at Marrakesh on April 15, 1994.

``SEC. 4. INTERNATIONAL WHALE CONSERVATION AND PROTECTION.

    ``(a) Commercial Whaling Restrictions and the International Whaling 
Commission.--The Secretary, in cooperation with the Secretary of State, 
shall--
            ``(1) firmly restate the United States strong opposition to 
        commercial whaling in any form and any reinterpretation of the 
        ICRW that would weaken the moratorium on commercial whaling, 
        create any new categories of whaling, condone lethal scientific 
        whaling, or otherwise weaken whale conservation and protection;
            ``(2) continue to recognize and support subsistence whaling 
        carried out by indigenous peoples that have a continuing 
        traditional dependence on whaling, as well as support the 
        further development of the Aboriginal Whaling Management 
        Scheme;
            ``(3) improve the transparency of the IWC and the 
        committees and working groups of the IWC, including expanding 
        participation by civil society; and
            ``(4) encourage other members of the IWC to--
                    ``(A) support amendments to the ICRW that would 
                eliminate loopholes that permit harvesting of whales in 
                Articles V and VIII of the ICRW;
                    ``(B) recognize and adhere to the advice of the IWC 
                Scientific Committee regarding the environmental 
                impacts on whale populations and incorporate that 
                advice into the deliberations of the IWC;
                    ``(C) recognize and adhere to the advice of the IWC 
                Scientific Committee regarding the evaluation of vessel 
                strikes and the impacts, benefits, and management of 
                whale watch vessels;
                    ``(D) reject proposals that allow for the continued 
                killing of whales; and
                    ``(E) modernize the IWC, consistent with other 
                international conservation treaties, by expanding 
                participation by civil society, closing loopholes in 
                the ICRW currently being exploited by whaling nations, 
                adding meaningful enforcement mechanisms to the ICRW, 
                and pursue any other action consistent with the goals 
                of this subsection.
    ``(b) Vessel Noise Restrictions.--
            ``(1) International maritime organization.--The Secretary, 
        in cooperation with the Coast Guard, shall--
                    ``(A) continue to pursue, through the IMO's Marine 
                Environment Protection Committee, the establishment of 
                guidelines for minimizing the introduction of 
                incidental noise from commercial shipping operations 
                into marine environments for purposes of reducing the 
                potential adverse affects on whales and other marine 
                life; and
                    ``(B) identify and promote the use of areas to be 
                avoided by commercial vessels and other navigational 
                measures, such as speed reduction areas in important 
                whale habitats, in order to minimize the threat of 
                serious injury to whales resulting from collisions with 
                commercial vessels.
            ``(2) Report.--
                    ``(A) Requirement.--The Secretary shall submit to 
                Congress a report describing the progress made by the 
                IMO towards the adoption and implementation of 
                guidelines for minimizing vessel noise.
                    ``(B) Recommendations.--The report required by 
                subparagraph (A) shall include the recommendations of 
                the Secretary, if any, for changes to the laws or 
                regulations of the United States to implement or 
                encourage compliance with the guidelines referred to 
                subparagraph (A).
    ``(c) CITES.--The Secretary, in cooperation with the Secretary of 
the Interior, shall take appropriate actions to encourage each country 
that holds a reservation under CITES to the great whales listed on 
Appendix I of CITES to withdraw such reservation and terminate all 
commercial trade in whale meat and whale products, as such trade 
undermines the effectiveness of international whale conservation 
efforts.
    ``(d) International Cooperation and Compliance.--
            ``(1) Report on taking of whales by a foreign country.--Not 
        later than March 1, 2011, and annually thereafter, the 
        Secretary shall publish in the Federal Register a report 
        determining, under the terms of section 8 of the Fishermen's 
        Protective Act of 1967 (22 U.S.C. 1978), whether nationals of 
        any foreign country are engaging in trade or taking which 
        diminishes the effectiveness of the ICRW, CITES, or any 
        regulation, resolution, or decision undertaken by the IWC or 
        Conference of the Parties to CITES, with respect to whales.
            ``(2) Certification to the president.--Not later than 15 
        days after publishing the report required by paragraph (1), the 
        Secretary shall--
                    ``(A) certify to the President any instance of 
                trade or taking of whales by a foreign country, 
                pursuant to section 8 of the Fishermen's Protective Act 
                of 1967 (22 U.S.C. 1978); and
                    ``(B) notify each such foreign country of the 
                activities that resulted in such certification.
            ``(3) Application of existing law.--All rights, duties, and 
        provisions of paragraphs (1) and (2) of section 8(a) of the 
        Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)) shall 
        apply to certifications made under paragraph (2).
            ``(4) Publication of list of offending foreign countries.--
        If a foreign country has been the subject of certification made 
        under paragraph (2) in 3 or more consecutive years, the 
        Secretary shall--
                    ``(A) not later than 180 days after the date of the 
                most recent certification, publish a notice in the 
                Federal Register describing the actions the Secretary 
                has taken to eliminate the facts that required a 
                certification under paragraph (2); and
                    ``(B) if those facts have not changed, recommend 
                actions that the President may take with respect to 
                such foreign country, consistent with paragraph (5).
            ``(5) Importation restrictions.--Consistent with section 
        8(a)(4) of the Fishermen's Protective Act of 1967 (22 U.S.C. 
        1978(a)(4)), with respect to any country certified under 
        paragraph (2), the President may direct the Secretary of the 
        Treasury--
                    ``(A) to prohibit the importation into the United 
                States of any products from the offending country 
                consistent with such section 8(a)(4); or
                    ``(B) to take any other action sanctioned--
                            ``(i) by the World Trade Organization; or
                            ``(ii) by a multilateral trade agreement 
                        (as defined by section 2 of the Uruguay Round 
                        Agreements Act (19 U.S.C. 3501)).
    ``(e) Conservation Agreement Between the United States and 
Canada.--
            ``(1) Negotiations.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary, in consultation 
        with the Secretary of State, shall commence negotiations with 
        the Government of Canada on a North Atlantic Whale Conservation 
        Agreement with the goal of concluding an Agreement within 18 
        months. The purposes of such an agreement shall be--
                    ``(A) to promote scientific research and 
                understanding of North Atlantic whales, particularly 
                the endangered North Atlantic right whale;
                    ``(B) to identify, coordinate, and implement 
                independent and complimentary measures necessary to 
                reduce serious injuries and mortalities to whales from 
                vessel strikes and entanglements in fishing gear;
                    ``(C) to assist in the enforcement of the laws and 
                regulations of the United States and of Canada 
                concerning North Atlantic right whale conservation; and
                    ``(D) to identify actions that could be taken to 
                further protect the North Atlantic right whale.
            ``(2) Government cooperation required.--The Agreement shall 
        require the Government of the United States and the Government 
        of Canada to cooperate in--
                    ``(A) the identification and coordination of 
                essential scientific research needed to achieve the 
                goals of the Agreement;
                    ``(B) identifying actions needed to reduce serious 
                injuries and mortalities to whales, especially North 
                Atlantic right whales, from vessel strikes; and
                    ``(C) developing methods to reduce injuries and 
                mortalities to whales, especially North Atlantic right 
                whales, from entanglement in fishing gear, including 
                gear marking schemes and coordinated disentanglement 
                activities.
            ``(3) Agreement specifications.--The Agreement--
                    ``(A) shall require each party to make 
                recommendations to their respective governments on the 
                results of the consultations and actions or activities 
                that need to be taken to protect whales, especially 
                North Atlantic right whales;
                    ``(B) shall include a commitment by each party to 
                implement the recommendations resulting from the 
                consultations, to the extent allowed by and consistent 
                with national laws and the national recovery plans for 
                North Atlantic right whales; and
                    ``(C) may be expanded to include other shared whale 
                stocks in the Pacific Ocean.
            ``(4) Consultation required.--Prior to, and during 
        negotiations of the Agreement, the Secretary shall consult 
        with--
                    ``(A) the Atlantic Large Whale Take Reduction Team 
                established by the National Marine Fisheries Service;
                    ``(B) the Marine Mammal Commission;
                    ``(C) the New England Fishery Management Council 
                established under section 302(a)(1)(A) of the Magnuson-
                Stevens Fishery Conservation and Management Act (16 
                U.S.C. 1852 (a)(1)(A));
                    ``(D) the Atlantic States Marine Fisheries 
                Commission; and
                    ``(E) other whale scientists, as the Secretary 
                determines appropriate.
            ``(5) Progress report.--The Secretary shall submit to 
        Congress a report describing the results of the negotiations 
        required by paragraph (1), the progress made by the Government 
        of the United States and the Government of Canada to implement 
        the results or recommendations and recommendations for changes 
        in law needed to implement the results, and recommendations of 
        the Agreement.
    ``(f) Ocean Noise.--The Secretary, together with the Secretary of 
State, shall support and encourage efforts of international and 
intergovernmental organizations to study and reduce the adverse effects 
of anthropogenic noise on whales and other marine life, recognizing the 
importance of military readiness activities which shall, so far as is 
reasonable and practicable, be conducted in a manner consistent with 
those efforts.
    ``(g) International Marine Protected Area Networks.--
            ``(1) IMPA development.--The Secretary shall develop and 
        support international mechanisms, protocols, and action plans 
        to identify and address sources of threats to the world's 
        whales and other cetaceans and to reduce, with a goal to 
        eliminate, such threats through the establishment of new 
        International Marine Protected Areas and IMPA networks.
            ``(2) Requirements.--The Secretary's efforts in paragraph 
        (1) shall include--
                    ``(A) a review of existing national and 
                international marine protected areas and networks and 
                an evaluation of how to improve their effectiveness, 
                specifically with reference to protection of whales and 
                the management of human uses within these areas; and
                    ``(B) an identification and mapping of additional 
                important whale habitats to maximize the protection of 
                migratory destinations and corridors through IMPAs.
            ``(3) Report.--The Secretary shall submit to Congress a 
        biannual report describing actions taken to carry out this 
        subsection.

``SEC. 5. WHALE RESEARCH.

    ``(a) Establishment of Research Initiatives.--The Secretary shall 
establish comprehensive research initiatives to improve knowledge about 
the world's whales in order to enhance whale conservation efforts. Such 
initiatives shall include--
            ``(1) the monitoring of whale mortality, habitat use, 
        reproduction, and feeding patterns;
            ``(2) the collection of information on whale health and 
        causes of deaths obtainable through whale necropsies, 
        particularly of endangered whale species such as the North 
        Atlantic right whale;
            ``(3) an assessment of the direct and indirect effects of 
        anthropogenic noise on whale distribution, behavior, and 
        reproduction;
            ``(4) information on the impacts on reproductive and immune 
        systems from chemical pollutants, including polybrominated 
        diphenylethers, pthalates, bisphenol A, and polycyclic aromatic 
        hydrocarbons;
            ``(5) information on ecosystem changes due to climate 
        warming;
            ``(6) research and development of more risk averse fishing 
        gear, fishing methods, and development of effective fishing 
        gear marking systems; and
            ``(7) the use of passive acoustic sonar and other 
        technologies, including vessel design, to reduce mortality of 
        whales from vessel strikes.
    ``(b) Consultation Required.--In designing the research initiatives 
required by subsection (a), the Secretary shall consult with the Marine 
Mammal Commission and whale experts, including those from the Pacific 
insular area, who are knowledgeable about regional issues relating to 
whale conservation and management.
    ``(c) Report.--The Secretary shall submit to Congress a biannual 
report on the progress and findings of the research initiatives 
established under subsection (a).

``SEC. 6. AUTHORITY FOR GRANTS.

    ``The Secretary is authorized to conduct a competitive research 
grant program to carry out the provisions and purposes of this Act.

``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Secretary such sum 
as may be necessary for each of the fiscal years 2010 through 2015 to 
carry out the provisions of this Act, of which such sums as the 
Secretary determines are appropriate shall be made available annually 
for the competitive research grant program authorized by section 6.''.
                                 <all>
```