I 
111TH CONGRESS 
1ST SESSION H. R. 2455 
To amend the Whale Conservation and Protection Study Act to promote 
international whale conservation, protection, and research, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2009 
Mr. FALEOMAVAEGA (for himself, Ms. BORDALLO, Mr. DELAHUNT, and Ms. 
HIRONO) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committees on Natural 
Resources, Ways and Means, and Transportation and Infrastructure, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Whale Conservation and Protection Study 
Act to promote international whale conservation, protec-
tion, and research, 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. WHALE CONSERVATION AND PROTECTION. 
The Whale Conservation and Protection Study Act 
(16 U.S.C. 917 et seq.) is amended to read as follows: 
VerDate Nov 24 2008 
03:22 May 19, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2455.IH
H2455
wwoods2 on PRODPC68 with BILLS
‘‘SECTION 1. SHORT TITLE. 
‘‘This Act may be cited as the ‘International Whale 
Conservation and Protection Act of 2009’. 
‘‘SEC. 2. FINDINGS AND PURPOSE. 
‘‘(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 ma-
rine 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 deple-
tion, 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. 
VerDate Nov 24 2008 
03:22 May 19, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2455.IH
H2455
wwoods2 on PRODPC68 with BILLS
‘‘(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 nonaboriginal subsistence purposes does 
not occur. 
‘‘(7) As a world leader in whale protection, the 
United States should increase and strengthen whale 
conservation, research, and protection efforts within 
its own Exclusive Economic Zone and High Seas 
outside the Exclusive Economic Zone, to ensure that 
whale stocks that migrate through or reside in these 
waters receive full protection. 
‘‘(b) PURPOSES.—The purposes of this Act are as fol-
lows: 
‘‘(1) To reassert United States global leader-
ship in whale conservation and protection and renew 
the United States commitment to whale conserva-
tion. 
‘‘(2) To promote international efforts to con-
serve and protect the world’s whales throughout 
their range. 
VerDate Nov 24 2008 
03:22 May 19, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2455.IH
H2455
wwoods2 on PRODPC68 with BILLS
‘‘(3) To conclude a whale protection Agreement 
with the Government of Canada aimed at coordi-
nating and promoting conservation efforts for whales 
that migrate through waters of both countries. 
‘‘(4) To strengthen whale conservation and pro-
tection efforts of relevant international organiza-
tions, including the United Nations Convention on 
the Conservation of Migratory Species of Wild Ani-
mals, the International Convention for the Regula-
tion of Whaling, the Convention on International 
Trade in Endangered Species of Wild Fauna and 
Flora, and the International Maritime Organization. 
‘‘(5) To ensure that the IWC commercial whal-
ing ban is neither lifted nor weakened, and that any 
existing commercial whaling, along with lethal sci-
entific and 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 our understanding of the world’s whales, 
whale health and reproduction, whale habitats and 
the impacts of human activities, and other threats to 
whales. 
VerDate Nov 24 2008 
03:22 May 19, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2455.IH
H2455
wwoods2 on PRODPC68 with BILLS
‘‘SEC. 3. INTERNATIONAL WHALE CONSERVATION AND PRO-
TECTION. 
‘‘(a) COMMERICAL WHALING RESTRICTIONS
AND 
THE INTERNATIONAL WHALING COMMISSION.—The Sec-
retary of Commerce, in cooperation with the Secretary of 
State, shall— 
‘‘(1) firmly restate the United States’ strong 
opposition to commercial whaling in any form and 
refuse to engage in any negotiation or reinterpreta-
tion of the IWRC that would weaken the morato-
rium on commercial whaling, create any new cat-
egories of whaling, condone lethal scientific whaling, 
or otherwise weaken whale conservation and protec-
tion; 
‘‘(2) continue to recognize and support subsist-
ence whaling carried out by aboriginal 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 
its committees and working groups, including ex-
panding participation by civil society; and 
‘‘(4) encourage other members of the IWC to— 
‘‘(A) support amendments to the ICRW 
that would eliminate loopholes in Articles V and 
VIII of the ICRW; 
VerDate Nov 24 2008 
03:22 May 19, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2455.IH
H2455
wwoods2 on PRODPC68 with BILLS
‘‘(B) recognize and adhere to the advice of 
the IWC Scientific Committee regarding the en-
vironmental 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 ves-
sels; 
‘‘(D) reject proposals that allow for the 
continued killing of whales; and 
‘‘(E) modernize the IWC, consistent with 
other international conservation treaties, by ex-
panding participation by civil society, closing 
loopholes in the ICRW currently being exploited 
by whaling nations, adding meaningful enforce-
ment mechanisms to the ICRW, and pursue any 
other action consistent with the goals of this 
subsection. 
‘‘(b) VESSEL NOISE RESTRICTIONS.— 
‘‘(1) INTERNATIONAL
MARITIME
ORGANIZA-
TION.—The Secretary, in cooperation with the 
United States Coast Guard, shall— 
VerDate Nov 24 2008 
03:22 May 19, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2455.IH
H2455
wwoods2 on PRODPC68 with BILLS
‘‘(A) continue to pursue, through the 
IMO’s Marine Environment Protection Com-
mittee, the establishment of guidelines for mini-
mizing the introduction of incidental noise from 
commercial shipping operations into marine en-
vironments for purposes of reducing the poten-
tial 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 and to 
whales resulting from collisions with commercial 
vessels. 
‘‘(2) REPORT.—The Secretary shall submit a 
report to the Congress describing the progress made 
by the IMO towards the adoption and implementa-
tion of guidelines for minimizing vessel noise, which 
shall include recommendations on any changes in the 
laws or regulations of the United States, for the 
purpose of implementing or encouraging compliance 
with such guidelines. 
‘‘(c) CONVENTION
ON INTERNATIONAL TRADE
IN 
ENDANGERED SPECIES OF WILD FAUNA AND FLORA.— 
VerDate Nov 24 2008 
03:22 May 19, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2455.IH
H2455
wwoods2 on PRODPC68 with BILLS
The Secretary, in cooperation with the Secretary of the 
Interior, shall take appropriate actions to encourage all 
nations who hold Reservations under the CITES to the 
great whales listed on Appendix I of the CITES to with-
draw their reservations and terminate all commercial 
trade in whale meat and whale products as such trade un-
dermines the effectiveness of international whale conserva-
tion efforts. 
‘‘(d) INTERNATIONAL COOPERATION AND COMPLI-
ANCE.— 
‘‘(1) REPORT
ON
TAKING
OF
WHALES
BY
A 
FOREIGN COUNTRY.—No later than March 1, the 
Secretary shall publish in the Federal Register an 
annual report determining, under the terms of the 
Pelly Amendment to the Fishermen’s Protection 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 un-
dertaken by the IWC or Conference of the Parties 
to CITES with respect to whales. 
‘‘(2) CERTIFICATION
TO
THE
PRESIDENT.— 
Within 15 days of publishing the report pursuant to 
paragraph (1), the Secretary shall certify to the 
President any instance of trade or taking with re-
VerDate Nov 24 2008 
03:22 May 19, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2455.IH
H2455
wwoods2 on PRODPC68 with BILLS
spect to whales by a foreign country, pursuant to 
section 1978 of title 22, United States Code, and 
notify the offending country of the activities that re-
sulted in such certification. 
‘‘(3) APPLICATION OF EXISTING LAW.—Except 
as expressly modified by this subsection, all rights, 
duties, and provisions set forth in section 1978 of 
title 22, United States Code, pursuant to certifi-
cations made under 22 U.S.C. 1978(a)(1) and 1978 
(a)(2), shall also apply to certifications made under 
paragraph (2). 
‘‘(4) PUBLICATION
OF
LIST
OF
OFFENDING 
FOREIGN COUNTRIES.—Where a country has been 
the subject of certification under paragraph (2) in 
three or more consecutive years, the Secretary 
shall— 
‘‘(A) publish within 180 days after the 
most recent certification 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, rec-
ommending actions that the President may take 
with respect to the certified country, consistent 
with paragraph (5). 
VerDate Nov 24 2008 
03:22 May 19, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2455.IH
H2455
wwoods2 on PRODPC68 with BILLS