[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2172 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2172

 To authorize the National Fish and Wildlife Foundation to establish a 
            whale conservation fund, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 1998

Mr. Gregg (for himself and Mr. Stevens) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To authorize the National Fish and Wildlife Foundation to establish a 
            whale conservation fund, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Whale Conservation Fund Act 
of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the populations of whales that occur in waters of the 
        United States are resources of substantial ecological, 
        scientific, socioeconomic, and esthetic value;
            (2) whale populations--
                    (A) form a significant component of marine 
                ecosystems;
                    (B) are the subject of intense research;
                    (C) provide for a multimillion dollar whale 
                watching tourist industry that provides the public an 
                opportunity to enjoy and learn about great whales and 
                the ecosystems of which the whales are a part; and
                    (D) are of importance to Native Americans for 
                cultural and subsistence purposes;
            (3) whale populations are in various stages of recovery, 
        and some whale populations, such as the northern right whale 
        (Eubaleana glacialis) remain perilously close to extinction;
            (4) the interactions that occur between ship traffic, 
        commercial fishing, whale watching vessels, and other 
        recreational vessels and whale populations may affect whale 
        populations adversely;
            (5) the exploration and development of oil, gas, and hard 
        mineral resources, marine debris, chemical pollutants, noise, 
        and other anthropogenic sources of change in the habitat of 
        whales may affect whale populations adversely;
            (6) the conservation of whale populations is subject to 
        difficult challenges related to--
                    (A) the migration of whale populations across 
                international boundaries;
                    (B) the size of individual whales, as that size 
                precludes certain conservation research procedures that 
                may be used for other animal species, such as captive 
                research and breeding;
                    (C) the low reproductive rates of whales that 
                require long-term conservation programs to ensure 
                recovery of whale populations; and
                    (D) the occurrence of whale populations in offshore 
                waters where undertaking research, monitoring, and 
                conservation measures is difficult and costly;
            (7)(A) the Secretary of Commerce, through the Administrator 
        of the National Oceanic and Atmospheric Administration, has 
        research and regulatory responsibility for the conservation of 
        whales under the Marine Mammal Protection Act of 1972 (16 
        U.S.C. 1361 et seq.); and
            (B) the heads of other Federal agencies and the Marine 
        Mammal Commission established under section 201 of the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1401) have related 
        research and management activities under the Marine Mammal 
        Protection Act of 1972 or the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.);
            (8) the funding available for the activities described in 
        paragraph (8) is insufficient to support all necessary whale 
        conservation and recovery activities; and
            (9) there is a need to facilitate the use of funds from 
        non-Federal sources to carry out the conservation of whales.

SEC. 3. NATIONAL WHALE CONSERVATION FUND.

    Section 4 of the National Fish and Wildlife Establishment Act (16 
U.S.C. 3703) is amended by adding at the end the following:
    ``(f)(1) In carrying out the purposes under section 2(b), the 
Foundation may establish a national whale conservation endowment fund, 
to be used by the Foundation to support research, management 
activities, or educational programs that contribute to the protection, 
conservation, or recovery of whale populations in waters of the United 
States.
    ``(2)(A) In a manner consistent with subsection (c)(1), the 
Foundation may--
            ``(i) accept, receive, solicit, hold, administer, and use 
        any gift, devise, or bequest made to the Foundation for the 
        express purpose of supporting whale conservation; and
            ``(ii) deposit in the endowment fund under paragraph (1) 
        any funds made available to the Foundation under this 
        subparagraph, including any income or interest earned from a 
        gift, devise, or bequest received by the Foundation under this 
        subparagraph.
    ``(B) To raise funds to be deposited in the endowment fund under 
paragraph (1), the Foundation may enter into appropriate arrangements 
to provide for the design, copyright, production, marketing, or 
licensing, of logos, seals, decals, stamps, or any other item that the 
Foundation determines to be appropriate.
    ``(C)(i) The Secretary of Commerce may transfer to the Foundation 
for deposit in the endowment fund under paragraph (1)--
            ``(I) any amount (or portion thereof) received by the 
        Secretary under section 105(a)(1) of the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a civil 
        penalty assessed by the Secretary under that section; or
            ``(II) any amount (or portion thereof) received by the 
        Secretary as a settlement or award for damages in a civil 
        action or other legal proceeding relating to damage of natural 
        resources.
    ``(ii) The Directors of the Board shall ensure that any amounts 
transferred to the Foundation under clause (i) for the endowment fund 
under paragraph (1) are deposited in that fund in accordance with this 
subparagraph.
    ``(3) It is the intent of Congress that in making expenditures from 
the endowment fund under paragraph (1) to carry out activities 
specified in that paragraph, the Foundation should give priority to 
funding projects that address the conservation of populations of whales 
that the Foundation determines--
            ``(A) are the most endangered (including the northern right 
        whale (Eubaleana glacialis)); or
            ``(B) most warrant, and are most likely to benefit from, 
        research managment, or educational activities that may be 
        funded with amounts made available from the fund.
    ``(g) In carrying out any action on the part of the Foundation 
under subsection (f), the Directors of the Board shall consult with the 
Administrator of the National Oceanic and Atmospheric Administration 
and the Marine Mammal Commission.''.
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