[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3765 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3765

To provide assistance to American fisheries participants to comply with 
  Federal regulations to protect the endangered North Atlantic right 
 whale by reducing the risk of incidental entanglement in fishing gear.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2022

  Mrs. Shaheen (for herself and Ms. Collins) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To provide assistance to American fisheries participants to comply with 
  Federal regulations to protect the endangered North Atlantic right 
 whale by reducing the risk of incidental entanglement in fishing gear.

    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 ``Stewarding Atlantic Fisheries 
Ecosystems by Supporting Economic Assistance and Sustainability Act of 
2022'' or the ``SAFE SEAS Act of 2022''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The North Atlantic right whale is critically 
        endangered, with estimates suggesting fewer than 350 remain, 
        including fewer than 100 breeding females.
            (2) Harvesters in the North Atlantic have taken previous 
        actions to protect whales, including by implementing weak 
        links, replacing thousands of miles of floating ground line 
        with whale-safe sinking line, and increasing the minimum number 
        of traps per trawl to remove thousands of miles of vertical 
        buoy lines.
            (3) Seventeen North Atlantic right whale mortalities were 
        observed in 2017, including many determined to have been caused 
        by vessel strikes and entanglements, leading to a declaration 
        of a right whale Unusual Mortality Event.
            (4) The Department of Commerce has issued regulations 
        revising the Atlantic Large Whale Take Reduction Plan under 
        section 229.32 of title 50, Code of Federal Regulations (as in 
        effect on the day before the date of enactment of this Act) 
        that require lobster and Jonah crab harvesters to make gear 
        modifications.
            (5) Implementing the federally required gear modifications, 
        including markings, is estimated to cost the industry tens of 
        millions of dollars per year.
            (6) The fishing industry is a vital driver of regional 
        economies, supporting our coastal communities and stewarding 
        natural resources.

SEC. 3. GRANT ASSISTANCE FOR LOBSTER AND JONAH CRAB HARVESTER GEAR 
              MODIFICATION.

    (a) Purposes.--The purposes of this section are to--
            (1) protect the highly endangered North Atlantic right 
        whale population;
            (2) facilitate lobster and Jonah crab harvesters' 
        transition to modified and new gear types in accordance with 
        the Atlantic Large Whale Take Reduction Plan;
            (3) assist lobster and Jonah crab harvesters with the 
        financial burden of this transition; and
            (4) assist compliance with any subsequent modifications to 
        the Atlantic Large Whale Take Reduction Plan in any future 
        impacted fisheries.
    (b) Program Authorized.--
            (1) In general.--The Secretary of Commerce (referred to in 
        this section as the ``Secretary''), in coordination with the 
        Atlantic States Marine Fisheries Commission, shall provide 
        grants to States from allotments under paragraph (2) to enable 
        the States to assist lobster and Jonah crab harvesters with the 
        costs of gear modifications, including markings, in accordance 
        with the Atlantic Large Whale Take Reduction Plan.
            (2) Allotments.--
                    (A) In general.--Except as provided in subparagraph 
                (B), funds made available for any fiscal year to carry 
                out this section shall be allotted to each State in 
                proportion to the number of active federally permitted 
                lobster trap harvesters in each State. For purposes of 
                this subparagraph, a federally permitted lobster trap 
                harvester is considered in a State if the Principal 
                Port in the Federal permit application of the lobster 
                trap harvester is in such State.
                    (B) Minimum.--From the total amount available for 
                any fiscal year to carry out this section, each State 
                with not less than 20 active federally permitted 
                lobster trap harvesters shall be allotted not less than 
                4 percent of the total amount.
            (3) Application.--A State that desires to receive a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and accompanied by such 
        information as the Secretary may require.
            (4) Allowable uses.--A State that receives a grant under 
        this section shall use the grant funds--
                    (A) to assist State-permitted and federally 
                permitted lobster and Jonah crab harvesters with 
                management measures needed to comply with the Atlantic 
                Large Whale Take Reduction Plan, including the costs of 
                federally required gear modification, configuration, 
                and marking within the Northeast lobster and Jonah crab 
                fisheries, including requirements to modify gear 
                marking, change gear configurations to increase traps 
                fished on trawls, or modify buoy lines to accommodate 
                new weak rope and weak insertions;
                    (B) to implement electronic tracking requirements 
                within the American lobster and Jonah crab fishery;
                    (C) to conduct research to inform future management 
                actions, including in preparation for potential 
                subsequent modifications to the Atlantic Large Whale 
                Take Reduction Plan; and
                    (D) to assist fishery compliance with any 
                subsequent modifications to the Atlantic Large Whale 
                Take Reduction Plan, as necessary.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 2022 
and such sums as may be necessary for each of fiscal years 2023 and 
2024.
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