I
107TH CONGRESS
1ST SESSION
H. R. 3095
To coordinate and expand United States and international programs for
the conservation and protection of North Atlantic Right Whales.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 11, 2001
Mr. DELAHUNT introduced the following bill; which was referred to the Com-
mittee on Resources, and in addition to the Committees on Transpor-
tation and Infrastructure, and International Relations, 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 committee con-
cerned
A BILL
To coordinate and expand United States and international
programs for the conservation and protection of North
Atlantic Right Whales.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘North Atlantic Right
Whale Recovery Act of 2001’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) North Atlantic Right Whales are one of the
most endangered large whales in the world, with
fewer than 350 animals remaining in the western
North Atlantic.
(2) Anthropogenic causes remain the largest
source of mortality for North Atlantic Right Whales.
(3) Accidental collisions of ships with right
whales have been identified as the leading cause of
human-related mortality of right whales, with at
least 16 deaths attributable to ship strikes along the
east coast of the United States since 1970.
(4) Entanglement in fishing gear is the other
major cause of right whale mortality, estimated to
account for at least 3 deaths from 1970 through
2000.
(5) The Recovery Plan for Northern Right
Whales lists other potential or known anthropogenic
sources of mortality such as habitat degradation,
contamination by pollutants, ocean noise, and cli-
mate change. Although the mortality rate caused by
these factors is unknown, they are potentially impor-
tant and could affect Northern Right Whale birth
rates, distribution patterns, and general health.
(6) According to a recent study in the Pro-
ceedings of the National Academy of Sciences, un-
less human-related mortalities are reduced, the
North Atlantic Right Whale is likely to become ex-
tinct.
(7) The National Marine Fisheries Service of
the Department of Commerce is the agency tasked
with protecting and recovering right whales under
both the Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.) and the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.).
(8) Recent research has led to limited success
in reducing collisions with ships and interactions
with fishing gear.
(9) The Mandatory Ship Reporting System, im-
plemented in 1999 by the National Marine Fisheries
Service and the Coast Guard, and approved by the
International Maritime Organization, has begun to
provide mariners with necessary information to help
prevent ship collisions in North Atlantic Right
Whale critical habitat in northeast and southeast
coastal waters.
(10) The National Marine Fisheries Service
along with the Atlantic Large Whale Take Reduc-
tion Team have begun to develop gear and methods
to reduce right whale interactions with fishing gear
along the Atlantic Coast.
(11) Recent events have revealed the lack of a
coordinated Federal plan for recovering North At-
lantic Right Whales, in spite of large funding in-
creases by the Congress over the past decade.
(12) Greater management and research atten-
tion must be focused on reducing mortality caused
by ship collisions, entanglement in fishing gear, and
other causes of mortality if the population decline of
North Atlantic Right Whales is to be reversed.
SEC. 3. NORTH ATLANTIC RIGHT WHALE RECOVERY PRO-
GRAM.
(a) IN GENERAL.—The Secretary of Commerce shall
institute a North Atlantic Right Whale Recovery Program,
in coordination with the Secretary of Transportation and
appropriate Federal agencies, States, the Southeast and
Northeast Northern Right Whale Recovery Plan Imple-
mentation Teams, and the Atlantic Large Whale Take Re-
duction Team, pursuant to the authority provided under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), and the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.).
(b) ELEMENTS.—The program established under
subsection (a) shall include the following research, man-
agement, and enforcement elements:
(1) Activities to reduce mortality and injury due
to collisions with vessel traffic.
(2) Activities to reduce mortality and injury in
fishing gear (including disentanglement and gear de-
velopment).
(3) Population monitoring, baseline surveys, as-
sessment, and database management.
(4) Support for regional recovery plan imple-
mentation teams, take reduction teams, and such
meetings or workshops as are necessary to develop
and provide expert advice on related research and
management activities.
(c) SECRETARY TO IDENTIFY AGENCIES, AREAS,
AND ACTIVITIES.—The Secretary, in consultation with the
teams described in subsection (a), shall identify the fol-
lowing:
(1) The appropriate governmental agency or
other entity to perform each activity covered by the
program.
(2) The geographic area or areas in which those
activities should be conducted.
(3) A timeline for initiation and completion of
such activity.
SEC. 4. FEDERAL-STATE COOPERATION.
The Secretary of Commerce, acting through the Na-
tional Oceanic and Atmospheric Administration, shall—
(1) develop cooperative agreements under sec-
tion 6 of the Endangered Species Act of 1973 (16
U.S.C. 1535) to support State agency involvement in
recovery programs for North Atlantic Right Whales;
and
(2) determine annually the funding needs and
levels appropriate for Federal support to encourage
the establishment of, and to help maintain, such
programs.
SEC. 5. NORTH ATLANTIC RIGHT WHALE PRIORITY ACTION
PROGRAM.
(a) IN GENERAL.—The Secretary of Commerce and
the Secretary of Transportation, in consultation with the
Southeast and Northeast Northern Right Whale Recovery
Plan Implementation Teams and the Atlantic Large
Whale Take Reduction Team, shall identify near-term
demonstration projects to reduce, or promote reductions
in, mortality caused by ship strikes and entanglement in
fishing gear.
(b) DEMONSTRATION PROJECTS.—Within 9 months
after the date of enactment of this Act, the Secretary of
Commerce shall institute demonstration projects deter-
mined, after consulting with the teams described in sub-
section (a), to have potential for immediate impact on re-
ducing mortality of North Atlantic Right Whales in the
following areas:
(1) Detection and tracking of North Atlantic
Right Whales in critical habitat, high use areas, or
along their migration route.
(2) Satellite tracking of individual whale move-
ments.
(3) Deployment of whale-friendly gear such as
neutrally buoyant line and ‘‘weak links’’ in North
Atlantic Right Whale critical habitat or high use
areas to reduce the possibility of entanglements, in-
cluding provision of such gear to fishermen.
(4) Testing or developing innovative methods to
increase the success of disentanglement efforts.
(5) Other projects determined to have near-
term potential of reducing right whale mortality.
SEC. 6. REDUCING SHIP STRIKES.
(a) VESSEL WARNING
AND MANAGEMENT.—The
Secretaries of Commerce and Transportation shall, by
January 1, 2003, develop a comprehensive program to
prevent ship strikes of Northern Atlantic Right Whales.
The program shall include—
(1) an Atlantic Coast vessel early warning sys-
tem, with participation by the United States Coast
Guard, the United States Navy, the Army Corps of
Engineers, and State and local government agencies,
that includes—
(A) collection and analysis of data on At-
lantic vessel traffic patterns and operations re-
lated to incidents involving ships striking
whales;
(B) a coordinated communications system
for notifications to mariners; and
(C) a clearinghouse for whale sightings, in-
cluding plans for development of a real-time in-
formation system that utilizes existing systems
such as aerial and shipboard surveillance and
incorporates innovative techniques such as
acoustic detection, satellite tags, and predictive
modeling, to locate and track right whales; and
(2) a coordinated vessel management system
that provides—
(A) updated information to mariners to ad-
vise on best practices based on the analysis of
vessel operations and incidents involving ships
striking whales;
(B) regional risk assessments to identify
alternative routing opportunities or speed
changes for vessels;
(C) vessel management standards for high
risk areas during North Atlantic Right Whale
migration periods; and
(D) for the applicability of standards to a
variety of vessel types.
(b) DETECTION
TECHNOLOGIES
PROGRAM.—The
Secretary of Commerce, in consultation with the Secretary
of Transportation and the Secretary of the Navy, shall
create a detection technology program to develop, test, and
evaluate technologies that can be used to detect and track
North Atlantic Right Whales in critical habitat and along
their migration routes during fiscal years 2002 and 2003.
The program should evaluate technologies that can be
used to track long-term movements of whales, as well as
technologies that could be used aboard ships to detect and
avoid whales as the ships transit to ports and within ship-
ping lanes.
(c) SHIP STRIKE ANALYSIS.—Within 1 year after the
date of enactment of this Act, the Secretary of Commerce
shall incorporate data from ‘‘whale alert’’ aircraft surveys,
scientific survey data, confirmed right whale sightings, lo-
cations of observed ‘‘close calls’’, and ship traffic data
from the mandatory ship reporting system into a geo-
graphic information system for analysis of interactions be-
tween whales and ships. The Secretary shall use the infor-
mation gained from that analysis for education and out-
reach to mariners, fishermen, and ports.
(d) GAPS IN AUTHORITY.—The Secretary of Trans-
portation, within 60 days after the date of enactment of
this Act, shall identify any gaps in legislative authority
preventing implementation of regulations affecting vessels
in waters under United States jurisdiction necessary to
promote recovery of North Atlantic Right Whales.
(e) INTERNATIONAL MARITIME ORGANIZATION.—
The Secretary of Transportation, acting through the Sec-
retary of State, may propose regulations for adoption at
the International Maritime Organization to further imple-
ment the recommendations contained within the North At-
lantic Right Whale Recovery Plan.
SEC. 7. NORTH ATLANTIC RIGHT WHALE RESEARCH GRANT
PROGRAM.
(a) COORDINATED RESEARCH FRAMEWORK.—The
Secretary of Commerce, in consultation with the North-
east and Southeast Northern Right Whale Recovery Plan
Implementation Teams, the Atlantic Large Whale Take
Reduction Team, and the Marine Mammal Commission,
shall design a comprehensive and coordinated right whale
research grant program. The program shall include, at the
minimum, research on the following subjects:
(1) Detection and tracking of North Atlantic
Right Whales, including the use of tagging and te-
lemetry, to help ships avoid striking whales.
(2) Behavior of right whales in proximity to
ships.
(3) Relationships between vessel speed, size, or
design with whale collisions and mortality.
(4) Modeling ship traffic in Atlantic shipping
lanes and approaches to major United States ports
along the Atlantic coast.
(5) Population studies.
(6) Reproduction and genetic studies.
(7) Development of a geographic information
system database to identify variables potentially as-
sociated with right whale distribution and migration,
including temperature, other oceanographic param-
eters, and distribution and abundance of planktonic
prey species.
(8) Response of right whales to ship-avoidance
deterrence methods.
(9) Habitat quality studies including investiga-
tion of food quality, pollution levels, and interaction
of ecological components with the food resources of
Northern Right Whales.
(10) Physiological condition studies, including
reproductive fitness measures, and comparison with
environmental conditions.
(b) PEER REVIEW.—The program shall provide for
external peer review of grant applications. Peer review
teams shall include scientists, fishing, shipping, and other
appropriate industry representatives, and technology ex-
perts appropriate to evaluate the feasibility and scientific
merit of each application.
SEC. 8. INTERAGENCY COORDINATION AND COST-SHARING.
(a) IN GENERAL.—The Secretary of Commerce and
the Secretary of Transportation shall ensure cooperation
of Federal agencies and departments in sharing the costs,
vessels, equipment, and other resources (including commu-
nications and monitoring equipment) to meet the needs
of the updated North Atlantic Right Whale Recovery Plan,
particularly with respect to tracking and surveillance of
right whales in critical habitat and high use areas.
(b) REPORT.—Within 6 months after the date of en-
actment of this Act, the Secretary of Transportation, the
Secretary of the Navy, and the Secretary of Commerce
shall report to the Congress on any further funding re-
quirements necessary to implement any requirements of
this Act or regulations necessary to implement the North
Atlantic Right Whale Recovery Plan.
SEC. 9. INTERNATIONAL ACTION AND COORDINATION.
(a) CANADA.—The Secretary of Commerce, acting
through the Secretary of State, shall initiate or continue
discussions with Canada to coordinate programs con-
cerning North Atlantic Right Whales, including—
(1) ship traffic management systems;
(2) tracking whales in the Gulf of Maine and
adjacent areas of the United States and Canadian
Exclusive Economic Zone;
(3) disentanglement efforts; and
(4) sharing of relevant biological and maritime
traffic information.
(b) FISHERY
INTERACTIONS.—The Secretary of
Commerce, working through the Department of State,
shall begin discussions for the purpose of creating or
amending bi- or multi-lateral agreements on management
measures to reduce fishery interactions, with—
(1) all relevant management organizations; and
(2) nations whose fleets may operate in North
Atlantic Right Whales high use areas.
(c) SCIENTIFIC INFORMATION.—The Secretary of
Commerce, working through the Department of State,
shall begin discussions for the purpose of facilitating col-
lection of information relevant to development of the pri-
ority action plan or recovery plan with—
(1) all relevant scientific organizations, includ-
ing the International Council for the Exploration of
the Sea, Northwestern Atlantic Fisheries Organiza-
tion, the Food and Agricultural Organization; and
(2) countries that conduct research in areas
with right whales, including Canada, Greenland
(Denmark), and Iceland.
SEC. 10. REPORT TO CONGRESS.
The National Oceanic and Atmospheric Administra-
tion shall transmit a report to the Congress no later than
March 1 of each year setting forth—
(1) actions taken pursuant to the updated
North Atlantic Right Whale Recovery Plan;
(2) the amount of Federal and State funds ex-
pended on activities under that Plan;
(3) known or suspected incidents of—
(A) collisions between vessels and North
Atlantic Right Whales; and
(B) entanglements, injuries, or mortalities
of North Atlantic Right Whales;
(4) known or suspected causes of incidents de-
scribed in paragraph (3);
(5) actions taken to prevent or reduce the likeli-
hood of such incidents in the preceding year;
(6) any new information about calving, feeding,
or other high-use areas of North Atlantic Right
Whales;
(7) the status of any litigation involving North
Atlantic Right Whale recovery activity;
(8) areas identified for additional action under
the North Atlantic Right Whale Recovery Plan;
(9) projects funded under section 7;
(10) the funding needs and levels determined
under paragraph (2) of section 4 appropriate for
Federal support to encourage the establishment of,
and to help maintain, recovery programs for North
Atlantic Right Whales; and
(11) the cost of implementing the demonstra-
tion projects under section 5(b).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) DEPARTMENT OF COMMERCE.—There are au-
thorized to be appropriated to the Secretary of Commerce,
for purposes of carrying out the Department of Com-
merce’s functions and responsibilities under this Act,
$4,500,000 for fiscal year 2002 and $5,000,000 for each
of fiscal years 2003 and 2004.
(b) DEPARTMENT OF TRANSPORTATION.—There are
authorized to be appropriated to the Secretary of Trans-
portation, for purposes of carrying out the Department of
Transportation’s functions and responsibilities under this
Act, $1,000,000 for each of fiscal years 2002, 2003, and
2004.
(c) STATE COOPERATIVE AGREEMENTS.—There are
authorized to be appropriated to the Secretary of Com-
merce $1,500,000 for fiscal year 2002 and $2,000,000 for
each of fiscal years 2003 and 2004, for purposes of imple-
menting agreements with Atlantic coastal States under
section 6 of the Endangered Species Act of 1973 as re-
quired by section 4 of this Act.
(d) NORTH ATLANTIC RIGHT WHALE RESEARCH
GRANT PROGRAM.—There are authorized to be appro-
priated to the Secretary of Commerce, for purposes of car-
rying out the research program under section 7 of this
Act, $1,000,000 for fiscal year 2002 and $2,000,000 for
each of fiscal years 2003 and 2004.
Æ