I 
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) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources, and in addition to the Committees on Transportation and In-
frastructure, and Armed Services, for a period to be subsequently deter-
mined 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 Representa-
tives 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 in-
serting after section 120 the following: 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
‘‘SEC. 121. VESSEL SPEED RESTRICTIONS IN MARINE MAM-
MAL HABITAT. 
‘‘(a) IN GENERAL.—The Secretary shall, in coordina-
tion with the Marine Mammal Commission and the Com-
mandant of the Coast Guard, and applying the best avail-
able scientific information— 
‘‘(1) designate areas of importance for marine 
mammals known to experience vessel strikes and es-
tablish 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 impor-
tance. 
‘‘(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 pri-
ority species of marine mammals, including all 
areas designated as critical habitat for such 
species under section 4 of the Endangered Spe-
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
cies Act of 1973 (16 U.S.C. 1533) except any 
area the Secretary determines does not inter-
sect 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 mor-
tality, 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 pri-
mary 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 nec-
essary 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.— 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(1) IN GENERAL.—The Secretary shall issue 
regulations to modify or designate the areas of im-
portance and vessel restrictions under this section 
not later than 180 days after the issuance of regula-
tions to establish or to modify critical habitat for 
marine mammals pursuant to the Endangered Spe-
cies 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 impor-
tance 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 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
this section, the Secretary shall make a finding 
as to whether the petition presents substantial 
scientific information indicating that the peti-
tioned action may be warranted. 
‘‘(B) ADDITIONAL
FINDINGS; 
REGULA-
TIONS.—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 wheth-
er 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 impor-
tance; and 
‘‘(iv) not later than 12 months after 
publication of draft regulations under 
clause (iii), issue final regulations desig-
nating or modifying the area of importance 
and vessel restrictions. 
‘‘(e) EXCEPTIONS
FOR SAFE MANEUVERING
AND 
USING AUTHORIZED TECHNOLOGY.— 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(1) IN
GENERAL.—Restrictions established 
under subsection (a) shall not apply to a vessel oper-
ating at a speed necessary to maintain safe maneu-
vering speed if such speed is justified because the 
vessel is in an area where oceanographic, hydro-
graphic, or meteorological conditions severely restrict 
the maneuverability of the vessel and the need to op-
erate 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 applica-
ble speed limit is necessary pursuant to this sub-
section, the reasons for the deviation, the speed at 
which the vessel is operated, the latitude and lon-
gitude 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 es-
tablished under subsection (a) shall not apply to 
a vessel operating using technology authorized 
by regulations issued by the Secretary under 
subparagraph (B). 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(B) REGULATIONS.—The Secretary may 
issue regulations authorizing a vessel to operate 
using technology specified by the Secretary 
under this subparagraph if the Secretary deter-
mines that such operation is at least as effec-
tive as the vessel restrictions established under 
subsection (a) in reducing mortality and injury 
to marine mammals. 
‘‘(f) APPLICABILITY.—Any speed restriction estab-
lished under subsection (a)— 
‘‘(1) shall apply to all vessels subject to the ju-
risdiction of the United States, all other vessels en-
tering or departing a port or place subject to the ju-
risdiction 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 Fed-
eral Government or of a State or political sub-
division thereof, when such vessels are engaged 
in law enforcement or search and rescue duties; 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(C) pilot vessels engaged in support of pi-
lotage operations; or 
‘‘(D) vessels with foreign sovereign immu-
nity, 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 provi-
sion 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 Re-
duce the Threat of Ship Collisions With North 
Atlantic Right Whales’, codified at section 
224.105 of title 50, Code of Federal Regula-
tions, except for actions that are more protec-
tive than the Final Rule and further reduce the 
risk of take to North Atlantic right whales. 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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.’’. 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6211
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 2. MONITORING OCEAN SOUNDSCAPES. 
(a) IN GENERAL.—The Secretary of Commerce, act-
ing 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 Observ-
ing 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 man-
agement 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 anthro-
pogenic activities; and 
(3) after coordinating with the Department of 
Defense, coordinate and make accessible to the pub-
lic the datasets, modeling and analysis, and user- 
driven products and tools, resulting from observa-
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
tions 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 TRAF-
FIC 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 De-
fense, shall establish a grant program to provide assist-
ance to up to 10 seaports to develop and implement miti-
gation 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; 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
(2) reducing vessel strike mortality and other 
physical disturbances; 
(3) enhancing marine mammal habitat, includ-
ing 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 en-
hancing 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 assess-
ments and track progress toward threat reduction 
and habitat enhancement, including protecting coral 
reefs from encroachment by commerce and shipping 
lanes. 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
(d) OUTREACH.—The Administrator and the Direc-
tor shall conduct outreach to seaports to provide informa-
tion 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, apply-
ing for a grant awarded under this section in col-
laboration with another entity described in para-
graph (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 Com-
mittee on Commerce, Science, and Transportation of the 
Senate, a report that includes the following: 
(1) The name and location of each entity receiv-
ing a grant. 
(2) The amount of each grant. 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
(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 mam-
mals. 
(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 activi-
ties do not raise national security concerns. 
(2) NOTIFICATION.—In carrying out the re-
quirements of paragraph (1), the Administrator and 
the Director shall— 
(A) provide the Secretary of Defense with 
a copy of any grant applications being consid-
ered 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.— 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
(A) REQUIREMENT.—Not later than 60 
days after receiving the information requested 
pursuant to paragraph (2), the Secretary of De-
fense shall determine whether a proposed activ-
ity 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 deter-
mination 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 con-
sidered complete for the purposes of this sub-
section and the proposed activity may move for-
ward. 
(C) LIMITATION.—Neither the Adminis-
trator 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 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
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 ex-
pended. 
SEC. 4. NEAR REAL-TIME MONITORING AND MITIGATION 
PROGRAM FOR LARGE WHALES. 
(a) ESTABLISHMENT OF THE PROGRAM.—The Ad-
ministrator, 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, entan-
glement in commercial fishing gear, and to minimize other 
impacts, including underwater noise from development ac-
tivities. Such program shall be capable of detecting and 
alerting ocean users and enforcement agencies of the loca-
tion of large whales on a near real-time basis, informing 
sector-specific mitigation protocols that can effectively re-
duce take of large whales, and continually integrating im-
proved technology. The program shall be informed by the 
technologies, monitoring methods, and mitigation proto-
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS
cols developed pursuant to the pilot program required in 
subsection (b). 
(b) PILOT PROJECT.— 
(1) ESTABLISHMENT.—In carrying out sub-
section (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 de-
signing 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 Atlan-
tic 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 
VerDate Sep 11 2014 
22:05 Nov 29, 2021
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
pbinns on DSKJLVW7X2PROD with BILLS