[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 456 Introduced in Senate (IS)]

  2d Session
S. RES. 456

  Directing the United States to undertake bilateral discussions with 
   Canada to negotiate an agreement to conserve populations of large 
 whales at risk of extinction that migrate along the Atlantic seaboard 
                           of North America.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2008

  Ms. Snowe  (for herself, Ms. Collins, and Mr. Sununu) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                              Relations   

_______________________________________________________________________

                               RESOLUTION


 
  Directing the United States to undertake bilateral discussions with 
   Canada to negotiate an agreement to conserve populations of large 
 whales at risk of extinction that migrate along the Atlantic seaboard 
                           of North America.

    Whereas populations of large whales in the north Atlantic, 
            including north Atlantic right whales, fin whales, and 
            humpback whales, were substantially reduced, largely due to 
            commercial whaling efforts that ended more than 60 years 
            ago in the United States and more than 30 years ago in 
            Canada, and rebuilding and protecting these species 
            requires significant conservation efforts;
    Whereas the United States and Canada share the goals of marine 
            resource conservation through sound scientific research and 
            seek to protect large whales at risk of extinction;
    Whereas north Atlantic right whales, humpback whales, and fin 
            whales are listed as ``endangered'' under the United States 
            Endangered Species Act and ``depleted'' under the Marine 
            Mammal Protection Act, and north Atlantic right whales are 
            listed as ``endangered'' and fin whales are listed as a 
            species of ``special concern'' under Canada's Species at 
            Risk Act;
    Whereas north Atlantic right whales, humpback whales, and fin 
            whales, migrate throughout the north Atlantic Ocean, 
            including through the waters of the United States and 
            Canada along the eastern Atlantic Seaboard;
    Whereas the populations of large whales in the north Atlantic Ocean 
            are affected by natural factors including availability of 
            forage and oceanographic conditions such as water 
            temperature, salinity, and currents, and additional 
            research on these topics will facilitate whale 
            conservation;
    Whereas some fishermen in both the United States and Canada employ 
            fixed gear types within the migratory range of large 
            whales, thereby exposing the species to risks of 
            entanglement, and ships transiting both United States and 
            Canadian waters have been known to strike large whales 
            resulting in injury or death of the cetaceans;
    Whereas the United States has taken significant regulatory and 
            advisory steps to reduce the impacts of its fishing and 
            shipping activities on large whale species, including 
            restrictions on fixed fishing gear, closures of areas to 
            certain types of fishing effort seasonally, and advisory 
            restrictions on vessel traffic;
    Whereas effective regulations to ensure conservation and protection 
            of these large whale species must be a transboundary, 
            bilateral effort that equitably distributes the costs and 
            benefits of whale conservation among regulated and other 
            concerned parties in each Nation, including the United 
            States and Canadian governments, the fishing and shipping 
            industries, States, Canadian provinces, and interested 
            nongovernmental organizations;
    Whereas Canada and the United States have a history of cooperation 
            on transboundary marine resource issues, including a joint 
            effort by the Canadian Department of Fisheries and Oceans 
            and the United States' Provincetown Center for Coastal 
            Studies and the New England Aquarium to assist entangled 
            large whales in the Bay of Fundy and Gulf of Maine;
    Whereas the United States National Oceanic and Atmospheric 
            Administration has long been involved with a series of 
            bilateral discussions with Canada concerning the United 
            States Atlantic Large Whale Take Reduction Plan, and the 
            Canadian Species at Risk Plan; and
    Whereas encouraging collaboration between representatives of the 
            United States and Canadian Federal governments, affected 
            States and Canadian provinces, affected fishing and 
            shipping industries, and non-governmental organizations 
            will facilitate the parties' ability to develop a sound, 
            scientifically supported, mutually acceptable agreement: 
            Now, therefore, be it
Resolved, by the Senate That--
            (1) the United States should undertake bilateral 
        discussions with Canada to negotiate an agreement for the 
        conservation and protection of migratory or transboundary 
        populations of large whales at risk of extinction in the 
        northwest Atlantic Ocean;
            (2) the agreement negotiated pursuant to paragraph (1) 
        should contain mechanisms, inter alia, for reducing incidents 
        of endangered large whales becoming entangled in fishing gear, 
        being struck by ships, or otherwise adversely impacted by human 
        activity;
            (3) the mechanisms developed pursuant to paragraph (2) 
        should ensure that--
                    (A) the costs and benefits of whale conservation 
                regulations are to the extent feasible fairly and 
                equitably distributed among regulated and other 
                concerned parties including the United States and 
                Canadian governments, the fishing and shipping 
                industries, States, Canadian provinces, and interested 
                nongovernmental organizations;
                    (B) the full economic impact on fishing communities 
                is considered in the development of such measures; and
                    (C) the best available science on whale behavior, 
                including diving, feeding, and migration, is used to 
                develop conservation mechanisms;
            (4) as any bilateral agreement is negotiated and 
        implemented, the United States and Canada should consult with, 
        inter alia, affected fishery management agencies, coastal 
        States and provinces impacted by the agreement, and appropriate 
        industry and nongovernmental organizations; and
            (5) until the agreement pursuant to paragraph (1) becomes 
        operational, the United States should continue to undertake 
        efforts to reduce the impacts of human activity on endangered 
        large whales while taking steps, to the extent consistent with 
        United States law, to minimize the economic impact of such 
        efforts on affected industries.
                                 <all>