[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2455 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2455

  To amend the Whale Conservation and Protection Study Act to promote 
  international whale conservation, protection, and research, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2009

  Mr. Faleomavaega (for himself, Ms. Bordallo, Mr. Delahunt, and Ms. 
   Hirono) introduced the following bill; which was referred to the 
  Committee on Foreign Affairs, and in addition to the Committees on 
       Natural Resources, Ways and Means, and Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Whale Conservation and Protection Study Act to promote 
  international whale conservation, protection, and research, 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. WHALE CONSERVATION AND PROTECTION.

    The Whale Conservation and Protection Study Act (16 U.S.C. 917 et 
seq.) is amended to read as follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `International Whale Conservation 
and Protection Act of 2009'.

``SEC. 2. FINDINGS AND PURPOSE.

    ``(a) Findings.--The Congress finds the following:
            ``(1) Whales are of great aesthetic and scientific interest 
        to mankind and are a vital part of the marine ecosystem.
            ``(2) For hundreds of years whales were killed for 
        commercial purposes, with some whale stocks hunted to near 
        extinction.
            ``(3) As long-lived and slow-breeding mammals, whales are 
        particularly vulnerable to the long-lasting effects from over-
        exploitation and many whale stocks have not recovered.
            ``(4) Today whales face an uncertain future due to a 
        variety of threats, including ozone depletion, chemical and 
        noise pollution, marine debris, vessel strikes, entanglements 
        with fishing gear, prey depletion, increasing offshore 
        industrial development, and escalating threats from climate 
        change, including ocean acidification.
            ``(5) Because whales migrate throughout the world's oceans, 
        international cooperation is required to successfully conserve 
        and protect them.
            ``(6) The United States has been a world leader in whale 
        conservation and protection, particularly through the 
        International Whaling Commission, and must reassert global 
        leadership in improving and strengthening whale conservation to 
        ensure that commercial, scientific, or any other type of lethal 
        whaling for nonaboriginal subsistence purposes does not occur.
            ``(7) As a world leader in whale protection, the United 
        States should increase and strengthen whale conservation, 
        research, and protection efforts within its own Exclusive 
        Economic Zone and High Seas outside the Exclusive Economic 
        Zone, to ensure that whale stocks that migrate through or 
        reside in these waters receive full protection.
    ``(b) Purposes.--The purposes of this Act are as follows:
            ``(1) To reassert United States global leadership in whale 
        conservation and protection and renew the United States 
        commitment to whale conservation.
            ``(2) To promote international efforts to conserve and 
        protect the world's whales throughout their range.
            ``(3) To conclude a whale protection Agreement with the 
        Government of Canada aimed at coordinating and promoting 
        conservation efforts for whales that migrate through waters of 
        both countries.
            ``(4) To strengthen whale conservation and protection 
        efforts of relevant international organizations, including the 
        United Nations Convention on the Conservation of Migratory 
        Species of Wild Animals, the International Convention for the 
        Regulation of Whaling, the Convention on International Trade in 
        Endangered Species of Wild Fauna and Flora, and the 
        International Maritime Organization.
            ``(5) To ensure that the IWC commercial whaling ban is 
        neither lifted nor weakened, and that any existing commercial 
        whaling, along with lethal scientific and illegal whaling, is 
        ended.
            ``(6) To reduce, and where possible, eliminate sources of 
        human-caused death, injury, harassment, and disturbance of the 
        world's whales.
            ``(7) To initiate, expand, and fund research to improve our 
        understanding of the world's whales, whale health and 
        reproduction, whale habitats and the impacts of human 
        activities, and other threats to whales.

``SEC. 3. INTERNATIONAL WHALE CONSERVATION AND PROTECTION.

    ``(a) Commerical Whaling Restrictions and the International Whaling 
Commission.--The Secretary of Commerce, in cooperation with the 
Secretary of State, shall--
            ``(1) firmly restate the United States' strong opposition 
        to commercial whaling in any form and refuse to engage in any 
        negotiation or reinterpretation of the IWRC that would weaken 
        the moratorium on commercial whaling, create any new categories 
        of whaling, condone lethal scientific whaling, or otherwise 
        weaken whale conservation and protection;
            ``(2) continue to recognize and support subsistence whaling 
        carried out by aboriginal peoples that have a continuing 
        traditional dependence on whaling, as well as support the 
        further development of the Aboriginal Whaling Management 
        Scheme;
            ``(3) improve the transparency of the IWC and its 
        committees and working groups, including expanding 
        participation by civil society; and
            ``(4) encourage other members of the IWC to--
                    ``(A) support amendments to the ICRW that would 
                eliminate loopholes in Articles V and VIII of the ICRW;
                    ``(B) recognize and adhere to the advice of the IWC 
                Scientific Committee regarding the environmental 
                impacts on whale populations and incorporate that 
                advice into the deliberations of the IWC;
                    ``(C) recognize and adhere to the advice of the IWC 
                Scientific Committee regarding the evaluation of vessel 
                strikes and the impacts, benefits and management of 
                whale watch vessels;
                    ``(D) reject proposals that allow for the continued 
                killing of whales; and
                    ``(E) modernize the IWC, consistent with other 
                international conservation treaties, by expanding 
                participation by civil society, closing loopholes in 
                the ICRW currently being exploited by whaling nations, 
                adding meaningful enforcement mechanisms to the ICRW, 
                and pursue any other action consistent with the goals 
                of this subsection.
    ``(b) Vessel Noise Restrictions.--
            ``(1) International maritime organization.--The Secretary, 
        in cooperation with the United States Coast Guard, shall--
                    ``(A) continue to pursue, through the IMO's Marine 
                Environment Protection Committee, the establishment of 
                guidelines for minimizing the introduction of 
                incidental noise from commercial shipping operations 
                into marine environments for purposes of reducing the 
                potential adverse affects on whales and other marine 
                life; and
                    ``(B) identify and promote the use of areas to be 
                avoided by commercial vessels and other navigational 
                measures, such as speed reduction areas in important 
                whale habitats, in order to minimize the threat of 
                serious injury and to whales resulting from collisions 
                with commercial vessels.
            ``(2) Report.--The Secretary shall submit a report to the 
        Congress describing the progress made by the IMO towards the 
        adoption and implementation of guidelines for minimizing vessel 
        noise, which shall include recommendations on any changes in 
        the laws or regulations of the United States, for the purpose 
        of implementing or encouraging compliance with such guidelines.
    ``(c) Convention on International Trade in Endangered Species of 
Wild Fauna and Flora.--The Secretary, in cooperation with the Secretary 
of the Interior, shall take appropriate actions to encourage all 
nations who hold Reservations under the CITES to the great whales 
listed on Appendix I of the CITES to withdraw their reservations and 
terminate all commercial trade in whale meat and whale products as such 
trade undermines the effectiveness of international whale conservation 
efforts.
    ``(d) International Cooperation and Compliance.--
            ``(1) Report on taking of whales by a foreign country.--No 
        later than March 1, the Secretary shall publish in the Federal 
        Register an annual report determining, under the terms of the 
        Pelly Amendment to the Fishermen's Protection Act of 1967 (22 
        U.S.C. 1978), whether nationals of any foreign country are 
        engaging in trade or taking which diminishes the effectiveness 
        of the ICRW, CITES, or any regulation, resolution, or decision 
        undertaken by the IWC or Conference of the Parties to CITES 
        with respect to whales.
            ``(2) Certification to the president.--Within 15 days of 
        publishing the report pursuant to paragraph (1), the Secretary 
        shall certify to the President any instance of trade or taking 
        with respect to whales by a foreign country, pursuant to 
        section 1978 of title 22, United States Code, and notify the 
        offending country of the activities that resulted in such 
        certification.
            ``(3) Application of existing law.--Except as expressly 
        modified by this subsection, all rights, duties, and provisions 
        set forth in section 1978 of title 22, United States Code, 
        pursuant to certifications made under 22 U.S.C. 1978(a)(1) and 
        1978 (a)(2), shall also apply to certifications made under 
        paragraph (2).
            ``(4) Publication of list of offending foreign countries.--
        Where a country has been the subject of certification under 
        paragraph (2) in three or more consecutive years, the Secretary 
        shall--
                    ``(A) publish within 180 days after the most recent 
                certification a notice in the Federal Register 
                describing the actions the Secretary has taken to 
                eliminate the facts that required a certification under 
                paragraph (2); and
                    ``(B) if those facts have not changed, recommending 
                actions that the President may take with respect to the 
                certified country, consistent with paragraph (5).
            ``(5) Importation restrictions.--In considering whether to 
        direct the Secretary of Treasury to take action pursuant to 
        section 1978(a)(4) of title 22, United States Code, with 
        respect to any country certified under paragraph (2), the 
        President may direct the Secretary of the Treasury to prohibit 
        the importation into the United States of any products from the 
        offending country consistent with section 1978(a)(4) of title 
        22, United States Code, or to take any other action sanctioned 
        by the World Trade Organization (as defined at 19 U.S.C. 
        3501(8)) or the multilateral trade agreements (as defined at 19 
        U.S.C. 3501(4)).
    ``(e) Conservation Agreement Between the United States and 
Canada.--
            ``(1) Negotiations.--Within 180 days after date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of State, shall commence negotiations with the 
        Government of Canada on a North Atlantic Whale Conservation 
        Agreement with the goal of concluding an Agreement within 18 
        months. The purpose of such an agreement shall be to--
                    ``(A) promote scientific research and understanding 
                of North Atlantic whales, particularly the endangered 
                North Atlantic right whale;
                    ``(B) identify, coordinate, and implement 
                independent and complimentary measures necessary to 
                reduce serious injuries and mortalities to whales from 
                vessel strikes and entanglements in fishing gear;
                    ``(C) assist in the enforcement of both country's 
                laws and regulations concerning North Atlantic right 
                whale conservation; and
                    ``(D) identify actions that could be taken to 
                further protect the North Atlantic right whale.
            ``(2) Government cooperation required.--The Agreement shall 
        require both governments to cooperate in--
                    ``(A) the identification and coordination of 
                essential scientific research needed to achieve the 
                goals of the Agreement;
                    ``(B) identifying actions needed to reduce serious 
                injuries and mortalities to whales, especially North 
                Atlantic right whales, from vessel strikes; and
                    ``(C) developing methods to reduce injuries and 
                mortalities to whales, especially North Atlantic right 
                whales, from entanglement in fishing gear, including 
                gear marking schemes and coordinated disentanglement 
                activities.
            ``(3) Agreement specifications.--The Agreement shall 
        require each party to make recommendations to their respective 
        governments on the results of the consultations and actions or 
        activities that need to be taken to protect whales, especially 
        North Atlantic right whales. The Agreement shall include a 
        commitment by each party to implement the recommendations 
        resulting from the consultations, to the extent allowed by and 
        consistent with national laws and the national recovery plans 
        for North Atlantic right whales. The Agreement may be expanded 
        to include other shared whale stocks in the Pacific Ocean.
            ``(4) Consultation required.--Prior to, and during 
        negotiations of the Agreement, the Secretary shall consult with 
        the Atlantic Large Whale Take Reduction Team, the Marine Mammal 
        Commission, the New England Fishery Management Council, the 
        Atlantic States Marine Fisheries Commission, and other whale 
        scientists to seek their advice on the Agreement.
            ``(5) Progress report.--The Secretary shall submit a report 
        to the Congress describing the results of the negotiations, the 
        progress made by both governments in implementing such results 
        or recommendations and recommendations for changes in law 
        needed to implement the results, and recommendations of the 
        Agreement.
    ``(f) Ocean Noise.--The Secretary, together with the Secretary of 
State, shall support and encourage efforts of international and 
intergovernmental organizations to study and reduce the adverse effects 
of anthropogenic noise on whales and other marine life, recognizing the 
importance of military readiness activities which shall, so far as is 
reasonable and practicable, be conducted in a manner consistent with 
those efforts.
    ``(g) International Marine Protected Area Networks.--
            ``(1) IMA development.--The Secretary shall develop and 
        support international mechanisms, protocols, and action plans 
        to identify and address sources of threats to the world's 
        whales and other cetaceans and to reduce, with a goal to 
        eliminate, such threats through [the establishment] of new 
        International Marine Protected Areas and IMA networks.
            ``(2) Requirements.--The Secretary's efforts in paragraph 
        (1) shall include--
                    ``(A) a review of existing national and 
                international marine protected areas and networks and 
                an evaluation of how to improve their effectiveness, 
                specifically with reference to protection of whales and 
                the management of human uses within these areas; and
                    ``(B) an identification and mapping of additional 
                important whale habitats to maximize the protection of 
                migratory destinations and corridors through IMPAs.
            ``(3) Report.--The Secretary shall submit to the Congress a 
        biannual report describing actions taken to fulfill the 
        purposes of this subsection.

``SEC. 4. WHALE RESEARCH.

    ``(a) Establishment of Research Initiatives.--The Secretary shall 
establish comprehensive research initiatives to improve knowledge about 
the world's whales in order to enhance whale conservation efforts. Such 
initiatives shall include--
            ``(1) the monitoring of whale mortality, habitat use, 
        reproduction, and feeding patterns;
            ``(2) the collection of information on whale health and 
        causes of deaths obtainable through whale necropsies, 
        particularly of endangered whale species such as the North 
        Atlantic right whale;
            ``(3) an assessment of the direct and indirect effects of 
        anthropogenic noise on whale distribution, behavior, and 
        reproduction;
            ``(4) information on the impacts on reproduction and immune 
        systems from chemical pollutants, including polybrominated 
        diphenylethers, pthalates, bisphenol A, and polycyclic aromatic 
        hydrocarbons;
            ``(5) information on ecosystem changes due to climate 
        warming;
            ``(6) research and development of more risk averse fishing 
        gear, fishing methods, and development of effective fishing 
        gear marking systems; and
            ``(7) the use of passive acoustic sonar and other 
        technologies, including vessel design, to reduce mortality of 
        whales from vessel strikes.
    ``(b) Consultation Required.--In designing these research 
initiatives, the Secretary shall consult with the Marine Mammal 
Commission and whale experts, including those from the Pacific Insular 
Area, that are knowledgeable about regional issues relating to whale 
conservation and management.
    ``(c) Report.--The Secretary shall submit a biannual report to the 
Congress on the progress and findings of the research initiatives 
established under this section.

``SEC. 5. DEFINITIONS.

    ``In this Act:
            ``(1) Agreement.--The term `Agreement' means the North 
        Atlantic Whale Conservation Agreement.
            ``(2) CITES.--The term `CITES' means the Convention on 
        International Trade in Endangered Species of Wild Fauna and 
        Flora.
            ``(3) ICRW.--The term `ICRW' means the International 
        Convention for the Regulation of Whaling.
            ``(4) IMO.--The term `IMO' means the International Maritime 
        Organization.
            ``(5) IMA.--The term `IMA' means International Marine 
        Protected Areas.
            ``(6) IWC.--The term `IWC' means the International Whaling 
        Commission.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Commerce or his designee.
            ``(8) Whales.--The term `whales' includes all species of 
        whales but not any species of dolphin or porpoise.

``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Secretary of 
Commerce $30,000,000 for each of the fiscal years 2010 through 2015 to 
carry out the provisions of this Act, of which such sums as the 
Secretary determines are appropriate shall be made available annually 
for a competitive research grants program.''.

SEC. 2. AMENDMENT TO THE MARINE MAMMAL PROTECTION ACT OF 1972.

    (a) In General.--Section 101(f) of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1371(f)) is amended--
            (1) by striking ``Secretary of Defense'' each place it 
        appears and inserting ``President'';
            (2) in paragraphs (1) and (3), by striking ``or category of 
        actions'';
            (3) in paragraphs (2) and (3), by striking ``2 years'' each 
        place it appears and inserting ``1 year''; and
            (4) in paragraph (4), by striking ``Committee on Armed 
        Services of the House of Representatives'' and inserting 
        ``Committee on Armed Services and Committee on Natural 
        Resources of the House of Representatives,'' and by striking 
        ``Committee on Armed Services of the Senate'' and inserting 
        ``Committee on Armed Services and Committee on Commerce, 
        Science and Transportation in the Senate''.
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