[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1380 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1380

 To coordinate and expand United States and international programs for 
    the conservation and protection of North Atlantic Right Whales.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2001

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

_______________________________________________________________________

                                 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 Representatives 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 climate change. Although the mortality rate caused by these 
        factors is unknown, they are potentially important and could 
        affect Northern Right Whale birth rates, distribution patterns, 
        and general health.
            (6) According to a recent study in the Proceedings of the 
        National Academy of Sciences, unless human-related mortalities 
        are reduced, the North Atlantic Right Whale is likely to become 
        extinct.
            (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. 1631 et seq.) and the Endangered Species Act of 
        1973 (16 U.S.C. 1600 bet 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, implemented in 
        1999 by the National Marine Fisheries Service and the United 
        States 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 Reduction 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 Atlantic Right Whales, in 
        spite of large funding increases by the Congress over the past 
        decade.
            (12) Greater management and research attention 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 PROGRAM.

    (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 
Implementation Teams and the Atlantic Large Whale Take Reduction Team, 
pursuant to the authority provided under the Endangered Species Act of 
1973 (16 U.S.C. 1600 et seq.), the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1631 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, management, 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 development).
            (3) Population monitoring, baseline surveys, assessment, 
        and database management.
            (4) Support for regional recovery plan implementation 
        teams, take reduction teams, and such meetings or workshops 
        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 following:
            (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 National Oceanic and 
Atmospheric Administration, shall--
            (1) develop cooperative agreements under section 6 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1535(c)) 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 determined, after consulting with the teams 
described in subsection (a), to have potential for immediate impact on 
reducing 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 movements.
            (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, including provision of such gear to fishermen.
            (4) Testing or developing innovative methods to increase 
        the success of disentanglement efforts.
            (5) Other projects determined under subsection (b) to have 
        near-term potential of reducing right whale mortality.

SECTION 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 system, 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 Atlantic 
                vessel traffic patterns and operations related to 
                incidents involving ships striking whales;
                    (B) a coordinated communications system for 
                notifications to mariners; and
                    (C) a clearinghouse for whale sightings, including 
                plans for development of a real-time information 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 advise 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 shipping 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, locations of observed ``close calls'', 
and ship traffic data from the mandatory ship reporting system into a 
geographic information system for analysis of interactions between 
whales and ships. The Secretary shall use the information gained from 
that analysis for education and outreach to mariners, fishermen, and 
ports.
    (d) Gaps in Authority.--The Secretary of Transportation, 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 Secretary of State, may propose 
regulations for adoption at the International Maritime Organization to 
further implement the recommendations contained within the North 
Atlantic 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 Northeast 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 telemetry, 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 associated with right whale 
        distribution and migration, including temperature, other 
        oceanographic parameters, and distribution and abundance of 
        planktonic prey species.
            (8) Response of right whales to ship-avoidance deterrence 
        methods.
            (9) Habitat quality studies including investigation 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 review of 
grant applications. Peer review teams shall include scientists, 
fishing, shipping, and other appropriate industry representatives, and 
technology experts 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 communications 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 enactment 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 requirements 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 concerning 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 collection of information relevant to 
development of the priority action plan or recovery plan with--
            (1) all relevant scientific organizations, including the 
        International Council for the Exploration of the Sea, 
        Northwestern Atlantic Fisheries Organization, 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 Administration 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 expended 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 described in 
        paragraph (3);
            (5) actions taken to prevent or reduce the likelihood 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 demonstration projects 
        under section 5(b).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Department of Commerce.--There are authorized to be 
appropriated to the Secretary of Commerce, for purposes of carrying out 
the Department of Commerce'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 Transportation, for purposes of 
carrying out the Department of Commerce'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 Commerce, $1,500,000 for fiscal year 
2002 and $2,000,000 for each of fiscal years 2003 and 2004, for 
purposes of implementing agreements with Atlantic coastal States under 
section 6 of the Endangered Species Act of 1973 as required by section 
4 of this Act.
    (d) North Atlantic Right Whale Research Grant Program.--There are 
authorized to be appropriated to the Secretary of Commerce, for 
purposes of carrying 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.
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