Right Whale Coexistence Act of 2022
Bill: S.3664 | Sponsor: Sen. Booker, Cory A. (D-NJ)
Policy area: Animals

Summary:
Right Whale Coexistence Act of 2022
This bill provides support for the conservation of North Atlantic right whales (Eubalaena glacialis).
Specifically, it requires the National Oceanic and Atmospheric Administration (NOAA) to provide financial assistance for certain projects designed to reduce the lethal and sub-lethal effects of human activities on North Atlantic right whales.
In addition, NOAA must conduct surveys of plankton on an ongoing basis using a continuous plankton recorder.

To assist in the conservation of the North Atlantic right whale by 
 supporting and providing financial resources for North Atlantic right 
  whale conservation programs and projects of persons with expertise 
 required for the conservation of North Atlantic right whales, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Right Whale Coexistence Act 
of 2022''.</DELETED>

<DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) North Atlantic right whales (Eubalaena 
        glacialis) are critically endangered, with fewer than 340 
        remaining at the time of the introduction of this 
        Act;</DELETED>
        <DELETED>    (2) historically, the North Atlantic right whale 
        population was decimated by the whaling industry, although the 
        whale population received protections from such industry in the 
        1930s;</DELETED>
        <DELETED>    (3) despite a modest recovery prior to 2010, the 
        North Atlantic right whale is one of the most endangered whales 
        in the world and has experienced a significant decline since 
        2010;</DELETED>
        <DELETED>    (4) the North Atlantic right whale has been listed 
        as an endangered species under the Endangered Species 
        Conservation Act of 1969 (Public Law 89-669; 80 Stat. 926) and 
        its successor the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) since 1970 and is designated as depleted under 
        the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
        seq.);</DELETED>
        <DELETED>    (5) because North Atlantic right whales are long-
        lived and highly migratory, and at present rates females give 
        birth to a single calf only once every 5 to 10 years, they are 
        highly vulnerable to the impacts of human activity and habitat 
        degradation, with female whales and calves particularly 
        vulnerable to vessel strikes;</DELETED>
        <DELETED>    (6) North Atlantic right whales frequently cross 
        paths with high vessel traffic areas and fishing grounds, 
        leaving the whales particularly vulnerable to vessel collisions 
        and fishing gear entanglements, the leading causes of injury 
        and death to the species;</DELETED>
        <DELETED>    (7) even when North Atlantic right whales do not 
        die as a result of fishing gear entanglement or vessel strike, 
        those whales can still experience significant sub-lethal 
        effects such as chronic stress and reproductive 
        failure;</DELETED>
        <DELETED>    (8) this ongoing decline due to human impacts 
        resulted in a further 30 percent decline in the population 
        between 2019 and 2020 resulting in the lowest population 
        estimate in the past 2 decades;</DELETED>
        <DELETED>    (9) based on the current rate of mortality of 
        North Atlantic right whales, and because of the small number of 
        breeding females in the population and low birth rates, recent 
        analysis suggests the species will lose its ability to recover 
        in merely a few decades if human-caused mortality is not 
        reduced immediately;</DELETED>
        <DELETED>    (10) under the Marine Mammal Protection Act of 
        1972 (16 U.S.C. 1361 et seq.), United States fishermen in 
        certain locations have been required to modify their fishing 
        gear and behavior to minimize the likelihood of entanglements, 
        including by using sinking groundlines, having weak links in 
        buoy lines, using multiple traps per buoy, appropriately 
        marking fishing gear, and complying with seasonal area-specific 
        closures in North Atlantic right whale habitats;</DELETED>
        <DELETED>    (11) vessels in United States waters that are 65 
        feet or more in length have been required to comply with a 
        seasonal 10-knot speed limit in certain locations to reduce the 
        threat of vessel collisions; and</DELETED>
        <DELETED>    (12) ongoing mortalities, driven in part by shifts 
        in North Atlantic right whale distribution caused by climate 
        change, indicate that additional actions are necessary to 
        reverse this species' population decline.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that--
</DELETED>
        <DELETED>    (1) the Governments of the United States and 
        Canada must work together to reduce lethal and sub-lethal 
        effects of human activities on North Atlantic right whales; 
        and</DELETED>
        <DELETED>    (2) effectively addressing the threats to the 
        long-term viability of the North Atlantic right whales will 
        require a joint commitment and effort from government entities, 
        local communities, marine scientists and conservationists, 
        fishermen, owners and operators of commercial and recreational 
        vessels and others in the boating and shipping industries, and 
        other stakeholders.</DELETED>

<DELETED>SEC. 3. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are the following:</DELETED>
        <DELETED>    (1) To rebuild healthy populations of the North 
        Atlantic right whale.</DELETED>
        <DELETED>    (2) To assist in the conservation and protection 
        of North Atlantic right whales by supporting North Atlantic 
        right whale conservation programs that minimize conflicts 
        between North Atlantic right whales and human 
        activities.</DELETED>

  <DELETED>TITLE I--NORTH ATLANTIC RIGHT WHALE CONSERVATION</DELETED>

<DELETED>SEC. 101. NORTH ATLANTIC RIGHT WHALE CONSERVATION 
              ASSISTANCE.</DELETED>

<DELETED>    (a) Assistance.--</DELETED>
        <DELETED>    (1) In general.--Subject to the availability of 
        funds and in consultation with other Federal officials, the 
        Secretary of Commerce (in this title referred to as the 
        ``Secretary'') shall provide competitive financial assistance, 
        including multiyear grants, for projects designed to reduce the 
        lethal and sub-lethal effects of human activities on North 
        Atlantic right whales for which project proposals are approved 
        by the Secretary in accordance with this section.</DELETED>
        <DELETED>    (2) Use of existing authorities.--Assistance 
        provided under this section shall be carried out in a manner 
        consistent with authorities available to the Secretary under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and 
        the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
        seq.).</DELETED>
<DELETED>    (b) Project Proposals.--</DELETED>
        <DELETED>    (1) Eligible applicants.--A project proposal may 
        be submitted to the Secretary under this section by--</DELETED>
                <DELETED>    (A) relevant State and tribal agencies, 
                research institutions, and nonprofit organizations with 
                expertise required for the conservation of North 
                Atlantic right whales; and</DELETED>
                <DELETED>    (B) any other individual or entity, as 
                determined appropriate by the Secretary, with the 
                expertise required for the conservation of North 
                Atlantic right whales, including--</DELETED>
                        <DELETED>    (i) large whale disentanglement 
                        teams approved by the National Oceanic and 
                        Atmospheric Administration and members in good 
                        standing of the National Marine Mammal Health 
                        and Stranding Response Program;</DELETED>
                        <DELETED>    (ii) an owner or operator of a 
                        vessel, as defined under section 3 of title 1, 
                        United States Code; and</DELETED>
                        <DELETED>    (iii) participants within sectors 
                        of the maritime industry, such as boating, 
                        shipping, fishing, fishing gear and rope 
                        manufacturing, and other maritime 
                        activities.</DELETED>
        <DELETED>    (2) Federal partnership opportunities.--A Federal 
        agency may not be a lead entity or receive funding for a 
        project under this section, but may be included as a partner or 
        collaborator on a project that receives such funding.</DELETED>
<DELETED>    (c) Annual Grant Project Proposal Solicitation, Review, 
and Approval.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall annually--
        </DELETED>
                <DELETED>    (A) solicit project proposals for grants 
                under this section;</DELETED>
                <DELETED>    (B) provide to other Federal officials, as 
                appropriate, copies of each proposal submitted in 
                response to the solicitation; and</DELETED>
                <DELETED>    (C) review each such proposal on a 
                timeline that recognizes the urgency of the declining 
                North Atlantic right whale population to determine 
                whether the proposal meets the criteria specified in 
                subsection (d).</DELETED>
        <DELETED>    (2) Consultation; approval or disapproval.--
        Subject to the availability of funds, the Secretary shall, with 
        respect to each project proposal submitted under this section, 
        and after consulting with other Federal officials, as 
        appropriate--</DELETED>
                <DELETED>    (A) consult, with respect to the proposal, 
                with the government of each State and foreign country 
                in which the project is to be conducted;</DELETED>
                <DELETED>    (B) take into consideration any comments 
                resulting from the consultation and input from fishing 
                and other stakeholders on the potential impacts as a 
                result of the proposal; and</DELETED>
                <DELETED>    (C) approve or disapprove the proposal in 
                accordance with subsections (d) and (e) and provide 
                written notification of the approval or disapproval to 
                the individual or entity that submitted the proposal, 
                other Federal officials, and each State and foreign 
                country described in subparagraph (A).</DELETED>
<DELETED>    (d) Criteria for Approval.--The Secretary may approve a 
project proposal under this section that is likely to aid in the 
recovery and sustainability of a viable population of North Atlantic 
right whales in the wild. Such projects shall--</DELETED>
        <DELETED>    (1) address the unintentional conflicts between 
        humans and North Atlantic right whales through development, 
        testing, and use of innovative technology or other methods to 
        reduce the lethal and sub-lethal effects on North Atlantic 
        right whales from fishing gear entanglements and vessel 
        collisions; and</DELETED>
        <DELETED>    (2)(A) promote cooperative projects on such topics 
        with foreign governments; or</DELETED>
        <DELETED>    (B) promote cooperative projects on such topics 
        with affected local communities, small businesses such as 
        fishermen, others in the maritime private sector, or 
        nongovernmental organizations.</DELETED>
<DELETED>    (e) Priority.--In determining whether to fund project 
proposals under this section, the Secretary shall prioritize projects--
</DELETED>
        <DELETED>    (1) with a substantial likelihood of reducing 
        lethal and sub-lethal effects on North Atlantic right whales 
        from fishing gear entanglements or vessel collisions;</DELETED>
        <DELETED>    (2) that include cooperation with private sector 
        stakeholders; and</DELETED>
        <DELETED>    (3) that demonstrate, or have the potential to 
        provide, economic benefits to small businesses based in the 
        United States.</DELETED>
<DELETED>    (f) Matching Requirement.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (3), the non-Federal share of the costs of an activity 
        conducted with financial assistance under this section shall be 
        25 percent of such costs.</DELETED>
        <DELETED>    (2) In-kind contributions.--The Secretary may 
        apply to the non-Federal share of an activity conducted with 
        financial assistance under this section the amount of funds, 
        and the fair market value of property and services, provided by 
        non-Federal sources and used for the activity.</DELETED>
        <DELETED>    (3) Waiver of requirements.--The Secretary may 
        waive the application of paragraph (1) if the Secretary finds 
        that such waiver is necessary to support a conservation project 
        that the Secretary has identified as of high 
        priority.</DELETED>
<DELETED>    (g) Project Reporting.--</DELETED>
        <DELETED>    (1) In general.--Each individual or entity that 
        receives assistance under this section for a project shall 
        submit to the Secretary periodic reports (at such intervals as 
        the Secretary may require) that include all information that 
        the Secretary, after consultation with other government 
        officials, determines is necessary to evaluate the progress and 
        success of the project for the purposes of ensuring positive 
        results, assessing problems, and fostering 
        improvements.</DELETED>
        <DELETED>    (2) Availability to the public.--Reports under 
        paragraph (1), and any other documents relating to projects for 
        which financial assistance is provided under this Act, shall be 
        made available to the public in a timely manner.</DELETED>

<DELETED>SEC. 102. REPORT TO CONGRESS.</DELETED>

<DELETED>    Not later than 2 years after the date of enactment of this 
Act, and every 5 years thereafter, the Secretary shall submit to 
Congress a report on the results and effectiveness of projects 
receiving assistance provided under this title, including 
recommendations concerning how this title might be improved and whether 
funding for this title should be continued in the future.</DELETED>

<DELETED>SEC. 103. FUNDING.</DELETED>

<DELETED>    (a) Authorization of Appropriations.--</DELETED>
        <DELETED>    (1) Authorization.--There is authorized to be 
        appropriated to the Secretary to carry out this title 
        $15,000,000 for each of fiscal years 2022 through 
        2032.</DELETED>
        <DELETED>    (2) Administrative expenses.--Of the amounts 
        authorized to be appropriated under this subsection for a 
        fiscal year, the Secretary may expend not more than 5 percent, 
        or up to $80,000, whichever is greater, to pay the 
        administrative expenses necessary to carry out this 
        Act.</DELETED>
        <DELETED>    (3) Supplement not supplant.--The amount 
        authorized to be appropriated by paragraph (1) shall supplement 
        and not supplant other amounts available to the 
        Secretary.</DELETED>
<DELETED>    (b) Acceptance and Use of Donations.--The Secretary may 
accept, receive, solicit, hold, administer, and use any gift, devise, 
or bequest to provide assistance under section 101.</DELETED>

       <DELETED>TITLE II--CONTINUOUS PLANKTON RECORDER</DELETED>

<DELETED>SEC. 201. SURVEY.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, and on an ongoing basis thereafter, the 
Secretary of Commerce shall conduct a Continuous Plankton Recorder 
survey.</DELETED>
<DELETED>    (b) Required Elements.--For the purpose of conducting the 
survey required under subsection (a), the Northeast Fisheries Science 
Center shall--</DELETED>
        <DELETED>    (1) to the extent possible, utilize the resources 
        of and partner with, on a volunteer basis, research 
        institutions, nonprofit organizations, commercial vessels, and 
        other Federal agencies;</DELETED>
        <DELETED>    (2) in as short a time as possible, ensure 
        relevant survey samples and results are analyzed, stored, 
        archived, and made publicly available;</DELETED>
        <DELETED>    (3) prioritize the collection of plankton samples 
        and data that inform the conservation of North Atlantic right 
        whales; and</DELETED>
        <DELETED>    (4) to the extent practicable, coordinate with the 
        Government of Canada to develop a transboundary understanding 
        of plankton abundance and distribution.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--To carry out this 
section there is authorized to be appropriated to the Secretary of 
Commerce $300,000 for each of fiscal years 2022 through 2032.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Right Whale Coexistence Act of 
2022''.

SEC. 2. PURPOSES.

    The purposes of this Act are the following:
            (1) To rebuild a healthy population of the North Atlantic 
        right whale.
            (2) To assist in the conservation and protection of North 
        Atlantic right whales by supporting North Atlantic right whale 
        conservation programs that reduce conflicts between North 
        Atlantic right whales and human activities to sustainable 
        levels.

            TITLE I--NORTH ATLANTIC RIGHT WHALE CONSERVATION

SEC. 101. NORTH ATLANTIC RIGHT WHALE CONSERVATION ASSISTANCE.

    (a) Assistance.--
            (1) In general.--Subject to the availability of funds and 
        in consultation with other Federal officials, the Secretary of 
        Commerce (in this title referred to as the ``Secretary'') shall 
        provide competitive financial assistance, including multiyear 
        grants, for projects designed to reduce the lethal and sub-
        lethal effects of human activities on North Atlantic right 
        whales for which project proposals are approved by the 
        Secretary in accordance with this section.
            (2) Use of existing authorities.--Assistance provided under 
        this section shall be carried out in a manner consistent with 
        authorities available to the Secretary under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) and the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
    (b) Project Proposals.--
            (1) Eligible applicants.--A project proposal may be 
        submitted to the Secretary under this section by--
                    (A) relevant State and Tribal governments, research 
                institutions, and nonprofit organizations with 
                expertise required for the conservation of North 
                Atlantic right whales; and
                    (B) any other individual or entity, as determined 
                appropriate by the Secretary, with the expertise 
                required for the conservation of North Atlantic right 
                whales, including--
                            (i) large whale disentanglement teams 
                        approved by the National Oceanic and 
                        Atmospheric Administration and members in good 
                        standing of the National Marine Mammal Health 
                        and Stranding Response Program;
                            (ii) an owner or operator of a vessel, as 
                        defined under section 3 of title 1, United 
                        States Code; and
                            (iii) participants within sectors of the 
                        maritime industry, such as boating, shipping, 
                        fishing, fishing gear and rope manufacturing, 
                        and other maritime activities.
            (2) Federal partnership opportunities.--A Federal agency 
        may not be a lead entity or receive funding for a project under 
        this section, but may be included as a partner or collaborator 
        on a project that receives such funding.
    (c) Annual Grant Project Proposal Solicitation, Review, and 
Approval.--
            (1) In general.--The Secretary shall annually--
                    (A) solicit project proposals for grants under this 
                section;
                    (B) provide to other Federal officials, as 
                appropriate, copies of each proposal submitted in 
                response to the solicitation; and
                    (C) review each such proposal on a timeline that 
                recognizes the urgency of the declining North Atlantic 
                right whale population to determine whether the 
                proposal meets the criteria specified in subsection 
                (d).
            (2) Consultation; approval or disapproval.--Subject to the 
        availability of funds, the Secretary shall, with respect to 
        each project proposal submitted under this section, and after 
        consulting with other Federal officials, such as the Marine 
        Mammal Commission, as appropriate--
                    (A) consult, with respect to the proposal, with the 
                government of each State, Tribal government, and 
                foreign country in which the project is to be 
                conducted;
                    (B) take into consideration any comments resulting 
                from the consultation and input from fishing and other 
                stakeholders on the potential impacts as a result of 
                the proposal; and
                    (C) approve or disapprove the proposal in 
                accordance with subsections (d) and (e) and provide 
                written notification of the approval or disapproval to 
                the individual or entity that submitted the proposal, 
                other Federal officials, and each State, Tribal 
                government, and foreign country described in 
                subparagraph (A).
    (d) Criteria for Approval.--The Secretary may approve a project 
proposal under this section that is likely to aid in the recovery and 
sustainability of a viable population of North Atlantic right whales in 
the wild. Such projects shall--
            (1) address the unintentional conflicts between humans and 
        North Atlantic right whales through development, testing, and 
        use of gear or technology or other methods to reduce the lethal 
        and sub-lethal effects on North Atlantic right whales from 
        fishing gear entanglements and vessel collisions; and
            (2)(A) promote cooperative projects on such topics with 
        foreign governments; or
            (B) promote cooperative projects on such topics with 
        affected local communities, small businesses such as fishermen, 
        others in the maritime private sector, or nongovernmental 
        organizations.
    (e) Priority.--In determining whether to fund project proposals 
under this section, the Secretary shall prioritize projects--
            (1) with a substantial likelihood of reducing lethal and 
        sub-lethal effects on North Atlantic right whales from fishing 
        gear entanglements or vessel collisions;
            (2) that include cooperation with private sector 
        stakeholders; and
            (3) that demonstrate, or have the potential to provide, 
        economic benefits to small businesses based in the United 
        States.
    (f) Matching Requirement.--
            (1) In general.--Except as provided in paragraph (3), the 
        non-Federal share of the costs of an activity conducted with 
        financial assistance under this section shall be 25 percent of 
        such costs.
            (2) In-kind contributions.--The Secretary may apply to the 
        non-Federal share of an activity conducted with financial 
        assistance under this section the amount of funds, and the fair 
        market value of property and services, provided by non-Federal 
        sources and used for the activity.
            (3) Waiver of requirements.--The Secretary may waive the 
        application of paragraph (1) if the Secretary finds that such 
        waiver is necessary to support a conservation project that the 
        Secretary has identified as of high priority.
    (g) Prohibited Uses.--
            (1) In general.--Except as provided in paragraph (2), funds 
        awarded under this section may not be used to distribute 
        resources to an entity or individual that is not a United 
        States person (as defined in section 7701(a)(3) of the Internal 
        Revenue Code of 1986).
            (2) Exception.--Funds awarded under this section may be 
        used to distribute resources to a partnership that includes an 
        entity or individual that is not a United States person (as 
        defined in section 7701(a)(30) of the Internal Revenue Code of 
        1986) if the resources are distributed directly to a partner in 
        the partnership that is a United States person (as so defined).
    (h) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the Secretary 
        may require) that include all information that the Secretary, 
        after consultation with other government officials, determines 
        is necessary to evaluate the progress and success of the 
        project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--Reports under paragraph 
        (1) shall be made available to the public in a timely manner.

SEC. 102. REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, and 
every 5 years thereafter, the 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 a report 
on the results and effectiveness of projects receiving assistance 
provided under this title, including recommendations concerning how 
this title might be improved and whether funding for this title should 
be continued in the future.

SEC. 103. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Authorization.--There is authorized to be appropriated 
        to the Secretary to carry out this title $15,000,000 for each 
        of fiscal years 2023 through 2032.
            (2) Administrative expenses.--Of the amounts authorized to 
        be appropriated under this subsection for a fiscal year, the 
        Secretary may expend not more than 5 percent, or up to $80,000, 
        whichever is greater, to pay the administrative expenses 
        necessary to carry out this title.
            (3) Supplement not supplant.--The amount authorized to be 
        appropriated by paragraph (1) shall supplement and not supplant 
        other amounts available to the Secretary.
    (b) Acceptance and Use of Donations.--The Secretary may accept, 
receive, solicit, hold, administer, and use any gift, devise, or 
bequest, consistent with policy of the Department of Commerce in effect 
on the date of enactment of this Act, to provide assistance under 
section 101.

                 TITLE II--CONTINUOUS PLANKTON RECORDER

SEC. 201. SURVEY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, and on an ongoing basis thereafter, the 
Secretary of Commerce shall conduct a Continuous Plankton Recorder 
survey.
    (b) Required Elements.--For the purpose of conducting the survey 
required under subsection (a), the Northeast Fisheries Science Center 
shall--
            (1) to the extent possible, utilize the resources of and 
        partner with, on a volunteer basis, research institutions, 
        nonprofit organizations, commercial vessels, and other Federal 
        agencies;
            (2) in as short a time as possible, ensure relevant survey 
        samples and results are analyzed, stored, archived, and made 
        publicly available;
            (3) prioritize the collection of plankton samples and data 
        that inform the conservation of North Atlantic right whales; 
        and
            (4) to the extent practicable, coordinate with the 
        Government of Canada to develop a transboundary understanding 
        of plankton abundance and distribution.
    (c) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Secretary of Commerce 
$300,000 for each of fiscal years 2023 through 2032, which shall be 
derived from existing funds otherwise appropriated to the Secretary.
                                                       Calendar No. 628

117th CONGRESS

  2d Session

                                S. 3664

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