160 
‘‘(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 spe-
cies under section 4 of the Endangered Species 
Act of 1973 (16 U.S.C. 1533), except any area 
the Secretary determines does not intersect with 
areas of vessel traffic such that an elevated risk 
of mortality or injury caused by vessel strikes, or 
harassment, including the disruption of vocaliza-
tion patterns and masking of biologically impor-
tant sounds, caused by underwater vessel noise, 
exists; and 
‘‘(B) areas of high marine mammal mor-
tality, injury, or harassment, including the dis-
ruption of vocalization patterns and masking of 
biologically important sounds, caused by vessel 
strikes or underwater vessel noise; 
‘‘(2) may include— 
‘‘(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 
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aggregations of marine mammals to which this 
section applies. 
‘‘(c) DEADLINE FOR REGULATIONS.—Not later than 
three 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 IM-
PORTANCE.— 
‘‘(1) IN
GENERAL.—The Secretary shall issue 
regulations to modify or designate the areas of impor-
tance and vessel restrictions under this section within 
180 days after the issuance of regulations to establish 
or to modify critical habitat for marine mammals 
pursuant to the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
‘‘(2) REEXAMINATION.—The Secretary shall— 
‘‘(A) reexamine the areas of importance des-
ignated and vessel restrictions under this section 
every 5 years following the initial issuance of the 
regulations to determine if the best available sci-
entific information warrants modification or 
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designation of areas of importance for vessel re-
strictions; and 
‘‘(B) publish any revisions under subpara-
graph (A) in the Federal Register after notice 
and opportunity for public comment within 24 
months. 
‘‘(3) FINDING.—Not later than 90 days after re-
ceiving the petition of an interested person under sec-
tion 553(e) of title 5, United States Code, to des-
ignate, modify, or add an area of importance or ves-
sel restriction under this section, the Secretary shall 
make a finding as to whether the petition presents 
substantial scientific information indicating that the 
petitioned action may be warranted. The Secretary 
shall promptly publish such finding in the Federal 
Register for comment. Not later than one year after 
the close of comments, the Secretary shall publish in 
the Federal Register a finding of whether the peti-
tioned action is warranted and, if the Administrator 
determines that the petitioned action is warranted, 
shall publish draft regulations designating or modi-
fying the area of importance or vessel restrictions 
within the area of importance. Not later than 12 
months after publication of the draft regulations, the 
Secretary shall issue final regulations designating or 
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modifying the area of importance and vessel restric-
tions. 
‘‘(e) EXCEPTIONS
FOR
SAFE
MANEUVERING
AND 
USING AUTHORIZED TECHNOLOGY.— 
‘‘(1) IN
GENERAL.—The restriction 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 ves-
sel is in an area where oceanographic, hydrographic, 
or meteorological conditions severely restrict the ma-
neuverability of the vessel and the need to operate 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 applicable speed 
limit is necessary pursuant to this subsection, the rea-
sons for the deviation, the speed at which the vessel 
is operated, the latitude and longitude 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.—The vessel restrictions 
established under subsection (a) shall not apply 
to a vessel operating using technology authorized 
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by regulations issued by the Secretary under sub-
paragraph (B). 
‘‘(B) REGULATIONS.—The Secretary may 
issue regulations authorizing a vessel to operate 
using technology specified by the Administrator 
under this subparagraph if the Administrator 
determines that such operation is at least as ef-
fective as the vessel restrictions authorized by 
regulations under subsection (a) in reducing 
mortality and injury to marine mammals. 
‘‘(f) APPLICABILITY.— 
‘‘(1) IN GENERAL.—Any speed restriction estab-
lished under subsection (a)— 
‘‘(A) shall apply to all vessels subject to the 
jurisdiction of the United States, all other vessels 
entering or departing a port or place subject to 
the jurisdiction of the United States, and all 
other vessels within the Exclusive Economic Zone 
of the United States, regardless of flag; and 
‘‘(B) shall not apply to— 
‘‘(i) vessels owned, operated, or under 
contract by the Department of Defense or 
the Department of Homeland Security, or 
engaged in military operations with such 
vessels; or 
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‘‘(ii) law enforcement vessels of the 
Federal Government or of a State or polit-
ical subdivision thereof, when such vessels 
are engaged in law enforcement or search 
and rescue duties. 
‘‘(2) CERTAIN PROVISIONS NOT PREEMPTED.— 
This subsection shall not preempt or supersede obliga-
tions under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) or this title. 
‘‘(3) CLARIFICATION.—Vessels described in sub-
paragraph (B) of paragraph (2) are encouraged to 
abide by the speed restriction whenever it is, in the 
judgment of the masters of such vessels, feasible and 
practicable to do so without impairing the operations 
in which they are engaged. 
‘‘(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; 
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