H. R. 7776—1678 
(3) an academic institution, research institution, or non-
profit organization working in partnership with a port; or 
(4) a consortium of entities described in paragraphs (1) 
through (3). 
(g) FUNDING.—From funds otherwise appropriated to the Under 
Secretary, $10,000,000 is authorized to carry out this section for 
each of fiscal years 2023 through 2028. 
(h) SAVINGS CLAUSE.—An activity may not be carried out under 
this section if the Secretary of Defense, in consultation with the 
Under Secretary, determines that the activity would negatively 
impact the defense readiness or the national security of the United 
States. 
SEC. 11303. NEAR REAL-TIME MONITORING AND MITIGATION PRO-
GRAM FOR LARGE CETACEANS. 
(a) ESTABLISHMENT.—The Under Secretary, in coordination 
with the heads of other relevant Federal agencies, shall design 
and deploy a cost-effective, efficient, and results-oriented near real- 
time monitoring and mitigation program (referred to in this section 
as the ‘‘Program’’) for threatened or endangered cetaceans. 
(b) PURPOSE.—The purpose of the Program shall be to reduce 
the risk to large cetaceans posed by vessel collisions and to minimize 
other impacts on large cetaceans through the use of near real- 
time location monitoring and location information. 
(c) REQUIREMENTS.—The Program shall— 
(1) prioritize species of large cetaceans for which impacts 
from vessel collisions are of particular concern; 
(2) prioritize areas where such impacts are of particular 
concern; 
(3) be capable of detecting and alerting ocean users and 
enforcement agencies of the probable location of large cetaceans 
on an actionable real-time basis, including through real-time 
data whenever possible; 
(4) inform sector-specific mitigation protocols to effectively 
reduce takes (as defined in section 216.3 of title 50, Code 
of Federal Regulations, or successor regulations) of large 
cetaceans; 
(5) integrate technology improvements; and 
(6) be informed by technologies, monitoring methods, and 
mitigation protocols developed under the pilot project required 
under subsection (d). 
(d) PILOT PROJECT.— 
(1) ESTABLISHMENT.—In carrying out the Program, the 
Under Secretary shall first establish a pilot monitoring and 
mitigation project (referred to in this section as the ‘‘pilot 
project’’) for North Atlantic right whales for the purposes of 
informing the Program. 
(2) REQUIREMENTS.—In designing and deploying the pilot 
project, the Under Secretary, in coordination with the heads 
of other relevant Federal agencies, shall, using the best avail-
able scientific information, identify and ensure coverage of— 
(A) core foraging habitats; and 
(B) important feeding, breeding, calving, rearing, or 
migratory habitats of North Atlantic right whales that 
co-occur with areas of high risk of mortality or serious 
injury of such whales from vessels, vessel strikes, or 
disturbance.
H. R. 7776—1679 
(3) COMPONENTS.—Not later than 3 years after the date 
of enactment of this Act, the Under Secretary, in consultation 
with relevant Federal agencies and Tribal governments, and 
with input from affected stakeholders, shall design and deploy 
a near real-time monitoring system for North Atlantic right 
whales that— 
(A) comprises the best available detection power, spa-
tial coverage, and survey effort to detect and localize North 
Atlantic right whales within habitats described in para-
graph (2); 
(B) is capable of detecting North Atlantic right whales, 
including visually and acoustically; 
(C) uses dynamic habitat suitability models to inform 
the likelihood of North Atlantic right whale occurrence 
habitats described in paragraph (2) at any given time; 
(D) coordinates with the Integrated Ocean Observing 
System of the National Oceanic and Atmospheric Adminis-
tration and Regional Ocean Partnerships to leverage moni-
toring assets; 
(E) integrates historical data; 
(F) integrates new near real-time monitoring methods 
and technologies as such methods and technologies become 
available; 
(G) accurately verifies and rapidly communicates detec-
tion data to appropriate ocean users; 
(H) creates standards for contributing, and allows 
ocean users to contribute, data to the monitoring system 
using comparable near real-time monitoring methods and 
technologies; 
(I) communicates the risks of injury to large cetaceans 
to ocean users in a manner that is most likely to result 
in informed decision-making regarding the mitigation of 
those risks; and 
(J) minimizes additional stressors to large cetaceans 
as a result of the information available to ocean users. 
(4) REPORTS.— 
(A) PRELIMINARY REPORT.— 
(i) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Under 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, 
and make available to the public, a preliminary report 
on the pilot project. 
(ii) ELEMENTS.—The report required under clause 
(i) shall include the following: 
(I) A description of the monitoring methods 
and technology in use or planned for deployment 
under the pilot project. 
(II) An analysis of the efficacy of the methods 
and technology in use or planned for deployment 
for detecting North Atlantic right whales. 
(III) An assessment of the manner in which 
the monitoring system designed and deployed 
under this subsection is directly informing and 
improving the management, health, and survival 
of North Atlantic right whales.
H. R. 7776—1680 
(IV) A prioritized identification of technology 
or research gaps. 
(V) A plan to communicate the risks of injury 
to large cetaceans to ocean users in a manner 
that is most likely to result in informed decision 
making regarding the mitigation of such risks. 
(VI) Any other information on the potential 
benefits and efficacy of the pilot project the Under 
Secretary considers appropriate. 
(B) FINAL REPORT.— 
(i) IN GENERAL.—Not later than 6 years after the 
date of enactment of this Act, the Under Secretary, 
in coordination with the heads of other relevant Fed-
eral agencies, shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and 
the Committee on Natural Resources of the House 
of Representatives, and make available to the public, 
a final report on the pilot project. 
(ii) ELEMENTS.—The report required under clause 
(i) shall— 
(I) address the preliminary report required 
under subparagraph (A); and 
(II) include— 
(aa) an assessment of the benefits and 
efficacy of the pilot project; 
(bb) a strategic plan to expand the pilot 
project to provide near real-time monitoring 
and mitigation measures— 
(AA) to additional large cetaceans of 
concern for which such measures would 
reduce risk of serious injury or death; and 
(BB) in important feeding, breeding, 
calving, rearing, or migratory habitats of 
large cetaceans that co-occur with areas 
of high risk of mortality or serious injury 
from vessel strikes or disturbance; 
(cc) a budget and description of funds nec-
essary to carry out such plan; 
(dd) a prioritized plan for acquisition, 
deployment, and maintenance of monitoring 
technologies; and 
(ee) the locations or species to which such 
plan would apply. 
(e) MITIGATION PROTOCOLS.—The Under Secretary, in consulta-
tion with the Secretary, the Secretary of Defense, the Secretary 
of Transportation, and the Secretary of the Interior, and with 
input from affected stakeholders, shall develop and deploy mitiga-
tion protocols that make use of any monitoring system designed 
and deployed under this section to direct sector-specific mitigation 
measures that avoid and significantly reduce risk of serious injury 
and mortality to North Atlantic right whales. 
(f) ACCESS TO DATA.—The Under Secretary shall provide access 
to data generated by any monitoring system designed and deployed 
under this section for purposes of scientific research and evaluation 
and public awareness and education, including through the Right 
Whale Sighting Advisory System of the National Oceanic and 
Atmospheric Administration and WhaleMap or other successor
H. R. 7776—1681 
public website portals, subject to review for national security consid-
erations. 
(g) ADDITIONAL AUTHORITY.—The Under Secretary may enter 
into and perform such contracts, leases, grants, or cooperative agree-
ments as may be necessary to carry out this section on such terms 
as the Under Secretary considers appropriate, consistent with the 
Federal Acquisition Regulation. 
(h) SAVINGS CLAUSE.—An activity may not be carried out under 
this section if the Secretary of Defense, in consultation with the 
Under Secretary, determines that the activity would negatively 
impact the defense readiness or the national security of the United 
States. 
(i) FUNDING.—From funds otherwise appropriated to the Under 
Secretary $5,000,000 is authorized to support development, deploy-
ment, application, and ongoing maintenance of the Program and 
to otherwise carry out this section for each of fiscal years 2023 
through 2027. 
SEC. 11304. PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR 
PUGET SOUND REGION. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, with the concurrence 
of the Under Secretary, shall carry out a pilot program to 
establish a Cetacean Desk, which shall be— 
(A) located and manned within the Puget Sound Vessel 
Traffic Service; and 
(B) designed— 
(i) to improve coordination with the maritime 
industry to reduce the risk of vessel impacts on large 
cetaceans, including impacts from vessel strikes, 
disturbances, and other sources; and 
(ii) to monitor the presence and location of large 
cetaceans during the months during which such large 
cetaceans are present in Puget Sound, the Strait of 
Juan de Fuca, and the United States portion of the 
Salish Sea. 
(2) DURATION AND STAFFING.—The pilot program required 
under paragraph (1)— 
(A) shall— 
(i) be for a duration of 4 years; and 
(ii) require not more than 1 full-time equivalent 
position, who shall also contribute to other necessary 
Puget Sound Vessel Traffic Service duties and respon-
sibilities as needed; and 
(B) may be supported by other existing Federal 
employees, as appropriate. 
(b) ENGAGEMENT WITH VESSEL OPERATORS.— 
(1) IN GENERAL.—In carrying out the pilot program required 
under subsection (a), the Secretary shall require personnel 
of the Cetacean Desk to engage with vessel operators in areas 
where large cetaceans have been seen or could reasonably be 
present to ensure compliance with applicable laws, regulations, 
and voluntary guidance, to reduce the impact of vessel traffic 
on large cetaceans. 
(2) CONTENTS.—In engaging with vessel operators as 
required under paragraph (1), personnel of the Cetacean Desk