[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3664 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3664

  To assist in the conservation of the North Atlantic right whale by 
 supporting and providing financial resources for North Atlantic right 
  whale conservation programs and projects of persons with expertise 
 required for the conservation of North Atlantic right whales, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2022

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

_______________________________________________________________________

                                 A BILL


 
  To assist in the conservation of the North Atlantic right whale by 
 supporting and providing financial resources for North Atlantic right 
  whale conservation programs and projects of persons with expertise 
 required for the conservation of North Atlantic right whales, 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 ``Right Whale Coexistence Act of 
2022''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds that--
            (1) North Atlantic right whales (Eubalaena glacialis) are 
        critically endangered, with fewer than 340 remaining at the 
        time of the introduction of this Act;
            (2) historically, the North Atlantic right whale population 
        was decimated by the whaling industry, although the whale 
        population received protections from such industry in the 
        1930s;
            (3) despite a modest recovery prior to 2010, the North 
        Atlantic right whale is one of the most endangered whales in 
        the world and has experienced a significant decline since 2010;
            (4) the North Atlantic right whale has been listed as an 
        endangered species under the Endangered Species Conservation 
        Act of 1969 (Public Law 89-669; 80 Stat. 926) and its successor 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
        since 1970 and is designated as depleted under the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
            (5) because North Atlantic right whales are long-lived and 
        highly migratory, and at present rates females give birth to a 
        single calf only once every 5 to 10 years, they are highly 
        vulnerable to the impacts of human activity and habitat 
        degradation, with female whales and calves particularly 
        vulnerable to vessel strikes;
            (6) North Atlantic right whales frequently cross paths with 
        high vessel traffic areas and fishing grounds, leaving the 
        whales particularly vulnerable to vessel collisions and fishing 
        gear entanglements, the leading causes of injury and death to 
        the species;
            (7) even when North Atlantic right whales do not die as a 
        result of fishing gear entanglement or vessel strike, those 
        whales can still experience significant sub-lethal effects such 
        as chronic stress and reproductive failure;
            (8) this ongoing decline due to human impacts resulted in a 
        further 30 percent decline in the population between 2019 and 
        2020 resulting in the lowest population estimate in the past 2 
        decades;
            (9) based on the current rate of mortality of North 
        Atlantic right whales, and because of the small number of 
        breeding females in the population and low birth rates, recent 
        analysis suggests the species will lose its ability to recover 
        in merely a few decades if human-caused mortality is not 
        reduced immediately;
            (10) under the Marine Mammal Protection Act of 1972 (16 
        U.S.C. 1361 et seq.), United States fishermen in certain 
        locations have been required to modify their fishing gear and 
        behavior to minimize the likelihood of entanglements, including 
        by using sinking groundlines, having weak links in buoy lines, 
        using multiple traps per buoy, appropriately marking fishing 
        gear, and complying with seasonal area-specific closures in 
        North Atlantic right whale habitats;
            (11) vessels in United States waters that are 65 feet or 
        more in length have been required to comply with a seasonal 10-
        knot speed limit in certain locations to reduce the threat of 
        vessel collisions; and
            (12) ongoing mortalities, driven in part by shifts in North 
        Atlantic right whale distribution caused by climate change, 
        indicate that additional actions are necessary to reverse this 
        species' population decline.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Governments of the United States and Canada must 
        work together to reduce lethal and sub-lethal effects of human 
        activities on North Atlantic right whales; and
            (2) effectively addressing the threats to the long-term 
        viability of the North Atlantic right whales will require a 
        joint commitment and effort from government entities, local 
        communities, marine scientists and conservationists, fishermen, 
        owners and operators of commercial and recreational vessels and 
        others in the boating and shipping industries, and other 
        stakeholders.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
            (1) To rebuild healthy populations of the North Atlantic 
        right whale.
            (2) To assist in the conservation and protection of North 
        Atlantic right whales by supporting North Atlantic right whale 
        conservation programs that minimize conflicts between North 
        Atlantic right whales and human activities.

            TITLE I--NORTH ATLANTIC RIGHT WHALE CONSERVATION

SEC. 101. NORTH ATLANTIC RIGHT WHALE CONSERVATION ASSISTANCE.

    (a) Assistance.--
            (1) In general.--Subject to the availability of funds and 
        in consultation with other Federal officials, the Secretary of 
        Commerce (in this title referred to as the ``Secretary'') shall 
        provide competitive financial assistance, including multiyear 
        grants, for projects designed to reduce the lethal and sub-
        lethal effects of human activities on North Atlantic right 
        whales for which project proposals are approved by the 
        Secretary in accordance with this section.
            (2) Use of existing authorities.--Assistance provided under 
        this section shall be carried out in a manner consistent with 
        authorities available to the Secretary under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) and the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
    (b) Project Proposals.--
            (1) Eligible applicants.--A project proposal may be 
        submitted to the Secretary under this section by--
                    (A) relevant State and tribal agencies, research 
                institutions, and nonprofit organizations with 
                expertise required for the conservation of North 
                Atlantic right whales; and
                    (B) any other individual or entity, as determined 
                appropriate by the Secretary, with the expertise 
                required for the conservation of North Atlantic right 
                whales, including--
                            (i) large whale disentanglement teams 
                        approved by the National Oceanic and 
                        Atmospheric Administration and members in good 
                        standing of the National Marine Mammal Health 
                        and Stranding Response Program;
                            (ii) an owner or operator of a vessel, as 
                        defined under section 3 of title 1, United 
                        States Code; and
                            (iii) participants within sectors of the 
                        maritime industry, such as boating, shipping, 
                        fishing, fishing gear and rope manufacturing, 
                        and other maritime activities.
            (2) Federal partnership opportunities.--A Federal agency 
        may not be a lead entity or receive funding for a project under 
        this section, but may be included as a partner or collaborator 
        on a project that receives such funding.
    (c) Annual Grant Project Proposal Solicitation, Review, and 
Approval.--
            (1) In general.--The Secretary shall annually--
                    (A) solicit project proposals for grants under this 
                section;
                    (B) provide to other Federal officials, as 
                appropriate, copies of each proposal submitted in 
                response to the solicitation; and
                    (C) review each such proposal on a timeline that 
                recognizes the urgency of the declining North Atlantic 
                right whale population to determine whether the 
                proposal meets the criteria specified in subsection 
                (d).
            (2) Consultation; approval or disapproval.--Subject to the 
        availability of funds, the Secretary shall, with respect to 
        each project proposal submitted under this section, and after 
        consulting with other Federal officials, as appropriate--
                    (A) consult, with respect to the proposal, with the 
                government of each State and foreign country in which 
                the project is to be conducted;
                    (B) take into consideration any comments resulting 
                from the consultation and input from fishing and other 
                stakeholders on the potential impacts as a result of 
                the proposal; and
                    (C) approve or disapprove the proposal in 
                accordance with subsections (d) and (e) and provide 
                written notification of the approval or disapproval to 
                the individual or entity that submitted the proposal, 
                other Federal officials, and each State and foreign 
                country described in subparagraph (A).
    (d) Criteria for Approval.--The Secretary may approve a project 
proposal under this section that is likely to aid in the recovery and 
sustainability of a viable population of North Atlantic right whales in 
the wild. Such projects shall--
            (1) address the unintentional conflicts between humans and 
        North Atlantic right whales through development, testing, and 
        use of innovative technology or other methods to reduce the 
        lethal and sub-lethal effects on North Atlantic right whales 
        from fishing gear entanglements and vessel collisions; and
            (2)(A) promote cooperative projects on such topics with 
        foreign governments; or
            (B) promote cooperative projects on such topics with 
        affected local communities, small businesses such as fishermen, 
        others in the maritime private sector, or nongovernmental 
        organizations.
    (e) Priority.--In determining whether to fund project proposals 
under this section, the Secretary shall prioritize projects--
            (1) with a substantial likelihood of reducing lethal and 
        sub-lethal effects on North Atlantic right whales from fishing 
        gear entanglements or vessel collisions;
            (2) that include cooperation with private sector 
        stakeholders; and
            (3) that demonstrate, or have the potential to provide, 
        economic benefits to small businesses based in the United 
        States.
    (f) Matching Requirement.--
            (1) In general.--Except as provided in paragraph (3), the 
        non-Federal share of the costs of an activity conducted with 
        financial assistance under this section shall be 25 percent of 
        such costs.
            (2) In-kind contributions.--The Secretary may apply to the 
        non-Federal share of an activity conducted with financial 
        assistance under this section the amount of funds, and the fair 
        market value of property and services, provided by non-Federal 
        sources and used for the activity.
            (3) Waiver of requirements.--The Secretary may waive the 
        application of paragraph (1) if the Secretary finds that such 
        waiver is necessary to support a conservation project that the 
        Secretary has identified as of high priority.
    (g) Project Reporting.--
            (1) In general.--Each individual or entity that receives 
        assistance under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the Secretary 
        may require) that include all information that the Secretary, 
        after consultation with other government officials, determines 
        is necessary to evaluate the progress and success of the 
        project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
            (2) Availability to the public.--Reports under paragraph 
        (1), and any other documents relating to projects for which 
        financial assistance is provided under this Act, shall be made 
        available to the public in a timely manner.

SEC. 102. REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, and 
every 5 years thereafter, the Secretary shall submit to Congress a 
report on the results and effectiveness of projects receiving 
assistance provided under this title, including recommendations 
concerning how this title might be improved and whether funding for 
this title should be continued in the future.

SEC. 103. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Authorization.--There is authorized to be appropriated 
        to the Secretary to carry out this title $15,000,000 for each 
        of fiscal years 2022 through 2032.
            (2) Administrative expenses.--Of the amounts authorized to 
        be appropriated under this subsection for a fiscal year, the 
        Secretary may expend not more than 5 percent, or up to $80,000, 
        whichever is greater, to pay the administrative expenses 
        necessary to carry out this Act.
            (3) Supplement not supplant.--The amount authorized to be 
        appropriated by paragraph (1) shall supplement and not supplant 
        other amounts available to the Secretary.
    (b) Acceptance and Use of Donations.--The Secretary may accept, 
receive, solicit, hold, administer, and use any gift, devise, or 
bequest to provide assistance under section 101.

                 TITLE II--CONTINUOUS PLANKTON RECORDER

SEC. 201. SURVEY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, and on an ongoing basis thereafter, the 
Secretary of Commerce shall conduct a Continuous Plankton Recorder 
survey.
    (b) Required Elements.--For the purpose of conducting the survey 
required under subsection (a), the Northeast Fisheries Science Center 
shall--
            (1) to the extent possible, utilize the resources of and 
        partner with, on a volunteer basis, research institutions, 
        nonprofit organizations, commercial vessels, and other Federal 
        agencies;
            (2) in as short a time as possible, ensure relevant survey 
        samples and results are analyzed, stored, archived, and made 
        publicly available;
            (3) prioritize the collection of plankton samples and data 
        that inform the conservation of North Atlantic right whales; 
        and
            (4) to the extent practicable, coordinate with the 
        Government of Canada to develop a transboundary understanding 
        of plankton abundance and distribution.
    (c) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Secretary of Commerce 
$300,000 for each of fiscal years 2022 through 2032.
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