Whale conservation and protection

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

Short title

This Act may be cited as the

International Whale Conservation and Protection Act of 2010

Findings, sense of Congress, and purposes

(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 nonindigenous subsistence purposes does not occur. (b)

Sense of Congress

As a world leader in whale protection, the United States should increase and strengthen whale conservation, research, and protection efforts within its exclusive economic zone and high seas outside the exclusive economic zone, to ensure that whale stocks that migrate through or reside in such waters receive full protection. (c)

Purposes

The purposes of this Act are as follows: (1)To reassert United States global leadership in whale conservation and protection and to 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 promote a whale protection agreement between the United States and Canada aimed at coordinating and promoting conservation efforts for whales that migrate through waters of both countries. (4)To strengthen the whale conservation and protection efforts of relevant international organizations, including the Convention on the Conservation of Migratory Species of Wild Animals, done at Bonn on June 23, 1973, the ICRW, CITES, and the IMO. (5)To ensure that the IWC commercial whaling ban is not lifted or weakened and that any existing commercial whaling, along with lethal scientific or 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 understanding of the world’s whales, whale health and reproduction, whale habitats, and the impacts of human activities, and other threats to whales.

Definitions

In this Act: (1)

Agreement

Except as otherwise specifically provided, the term Agreement means the North Atlantic Whale Conservation Agreement referred to in section 4(e). (2)

CITES

The term CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, with appendices, done at Washington March 3, 1973 (27 UST 1087). (3)

ICRW

The term ICRW means the International Convention for the Regulation of Whaling, done at Washington December 2, 1946 (62 Stat. 1716; TIAS 1849). (4)

IMO

The term IMO means the International Maritime Organization established pursuant to a Convention adopted under the auspices of the United Nations in Geneva on March 17, 1948. (5)

IMPA

The term IMPA means International Marine Protected Areas. (6)

IWC

The term IWC means the International Whaling Commission established pursuant to Article III of the ICRW. (7)

Marine Mammal Commission

The term Marine Mammal Commission means the Marine Mammal Commission established by section 201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401). (8)

Secretary

Except as otherwise specifically provided, the term Secretary means the Secretary of Commerce. (9)

Whales

The term whales— (A)includes all whale species; and (B)does not include any species of dolphin or porpoise. (10)

World Trade Organization

The term World Trade Organization means the organization established pursuant to the Marrakesh Agreement Establishing the World Trade Organization (WTO), done at Marrakesh on April 15, 1994.

International whale conservation and protection

(a)

Commercial whaling restrictions and the International Whaling Commission

The Secretary, in cooperation with the Secretary of State, shall— (1)firmly restate the United States strong opposition to commercial whaling in any form and any reinterpretation of the ICRW 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 indigenous 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 the committees and working groups of the IWC, 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 that permit harvesting of whales 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 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 to whales resulting from collisions with commercial vessels. (2)

Report

(A)

Requirement

The Secretary shall submit to Congress a report describing the progress made by the IMO towards the adoption and implementation of guidelines for minimizing vessel noise. (B)

Recommendations

The report required by subparagraph (A) shall include the recommendations of the Secretary, if any, for changes to the laws or regulations of the United States to implement or encourage compliance with the guidelines referred to subparagraph (A). (c)

CITES

The Secretary, in cooperation with the Secretary of the Interior, shall take appropriate actions to encourage each country that holds a reservation under CITES to the great whales listed on Appendix I of CITES to withdraw such reservation 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

Not later than March 1, 2011, and annually thereafter, the Secretary shall publish in the Federal Register a report determining, under the terms of section 8 of the Fishermen’s Protective 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

Not later than 15 days after publishing the report required by paragraph (1), the Secretary shall— (A)certify to the President any instance of trade or taking of whales by a foreign country, pursuant to section 8 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978); and (B)notify each such foreign country of the activities that resulted in such certification. (3)

Application of existing law

All rights, duties, and provisions of paragraphs (1) and (2) of section 8(a) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978(a)) shall apply to certifications made under paragraph (2). (4)

Publication of list of offending foreign countries

If a foreign country has been the subject of certification made under paragraph (2) in 3 or more consecutive years, the Secretary shall— (A)not later than 180 days after the date of the most recent certification, publish 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, recommend actions that the President may take with respect to such foreign country, consistent with paragraph (5). (5)

Importation restrictions

Consistent with section 8(a)(4) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978(a)(4)), with respect to any country certified under paragraph (2), the President may direct the Secretary of the Treasury— (A)to prohibit the importation into the United States of any products from the offending country consistent with such section 8(a)(4); or (B)to take any other action sanctioned— (i)by the World Trade Organization; or (ii)by a multilateral trade agreement (as defined by section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)). (e)

Conservation Agreement between the United States and Canada

(1)

Negotiations

Not later than 180 days after the date of the 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 purposes of such an agreement shall be— (A)to promote scientific research and understanding of North Atlantic whales, particularly the endangered North Atlantic right whale; (B)to 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)to assist in the enforcement of the laws and regulations of the United States and of Canada concerning North Atlantic right whale conservation; and (D)to identify actions that could be taken to further protect the North Atlantic right whale. (2)

Government cooperation required

The Agreement shall require the Government of the United States and the Government of Canada 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— (A)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; (B)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; and (C)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— (A)the Atlantic Large Whale Take Reduction Team established by the National Marine Fisheries Service; (B)the Marine Mammal Commission; (C)the New England Fishery Management Council established under section 302(a)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852 (a)(1)(A)); (D)the Atlantic States Marine Fisheries Commission; and (E)other whale scientists, as the Secretary determines appropriate. (5)

Progress report

The Secretary shall submit to Congress a report describing the results of the negotiations required by paragraph (1), the progress made by the Government of the United States and the Government of Canada to implement the 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)

IMPA 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 IMPA 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 Congress a biannual report describing actions taken to carry out this subsection.

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 reproductive 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 the research initiatives required by subsection (a), the Secretary shall consult with the Marine Mammal Commission and whale experts, including those from the Pacific insular area, who are knowledgeable about regional issues relating to whale conservation and management. (c)

Report

The Secretary shall submit to Congress a biannual report on the progress and findings of the research initiatives established under subsection (a).

Authority for grants

The Secretary is authorized to conduct a competitive research grant program to carry out the provisions and purposes of this Act.

Authorization of appropriations

There is authorized to be appropriated to the Secretary such sum as may be necessary 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 the competitive research grant program authorized by section 6.