II 117th CONGRESS 2d Session S. 3765 IN THE SENATE OF THE UNITED STATES March 7, 2022 Mrs. Shaheen (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide assistance to American fisheries participants to comply with Federal regulations to protect the endangered North Atlantic right whale by reducing the risk of incidental entanglement in fishing gear.

1. Short title This Act may be cited as the Stewarding Atlantic Fisheries Ecosystems by Supporting Economic Assistance and Sustainability Act of 2022 or the SAFE SEAS Act of 2022 . 2. Findings Congress finds the following: (1) The North Atlantic right whale is critically endangered, with estimates suggesting fewer than 350 remain, including fewer than 100 breeding females. (2) Harvesters in the North Atlantic have taken previous actions to protect whales, including by implementing weak links, replacing thousands of miles of floating ground line with whale-safe sinking line, and increasing the minimum number of traps per trawl to remove thousands of miles of vertical buoy lines. (3) Seventeen North Atlantic right whale mortalities were observed in 2017, including many determined to have been caused by vessel strikes and entanglements, leading to a declaration of a right whale Unusual Mortality Event. (4) The Department of Commerce has issued regulations revising the Atlantic Large Whale Take Reduction Plan under section 229.32 of title 50, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act) that require lobster and Jonah crab harvesters to make gear modifications. (5) Implementing the federally required gear modifications, including markings, is estimated to cost the industry tens of millions of dollars per year. (6) The fishing industry is a vital driver of regional economies, supporting our coastal communities and stewarding natural resources. 3. Grant assistance for lobster and Jonah crab harvester gear modification (a) Purposes The purposes of this section are to— (1) protect the highly endangered North Atlantic right whale population; (2) facilitate lobster and Jonah crab harvesters’ transition to modified and new gear types in accordance with the Atlantic Large Whale Take Reduction Plan; (3) assist lobster and Jonah crab harvesters with the financial burden of this transition; and (4) assist compliance with any subsequent modifications to the Atlantic Large Whale Take Reduction Plan in any future impacted fisheries. (b) Program authorized (1) In general The Secretary of Commerce (referred to in this section as the Secretary ), in coordination with the Atlantic States Marine Fisheries Commission, shall provide grants to States from allotments under paragraph (2) to enable the States to assist lobster and Jonah crab harvesters with the costs of gear modifications, including markings, in accordance with the Atlantic Large Whale Take Reduction Plan. (2) Allotments (A) In general Except as provided in subparagraph (B), funds made available for any fiscal year to carry out this section shall be allotted to each State in proportion to the number of active federally permitted lobster trap harvesters in each State. For purposes of this subparagraph, a federally permitted lobster trap harvester is considered in a State if the Principal Port in the Federal permit application of the lobster trap harvester is in such State. (B) Minimum From the total amount available for any fiscal year to carry out this section, each State with not less than 20 active federally permitted lobster trap harvesters shall be allotted not less than 4 percent of the total amount. (3) Application A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (4) Allowable uses A State that receives a grant under this section shall use the grant funds— (A) to assist State-permitted and federally permitted lobster and Jonah crab harvesters with management measures needed to comply with the Atlantic Large Whale Take Reduction Plan, including the costs of federally required gear modification, configuration, and marking within the Northeast lobster and Jonah crab fisheries, including requirements to modify gear marking, change gear configurations to increase traps fished on trawls, or modify buoy lines to accommodate new weak rope and weak insertions; (B) to implement electronic tracking requirements within the American lobster and Jonah crab fishery; (C) to conduct research to inform future management actions, including in preparation for potential subsequent modifications to the Atlantic Large Whale Take Reduction Plan; and (D) to assist fishery compliance with any subsequent modifications to the Atlantic Large Whale Take Reduction Plan, as necessary. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 and 2024.