Pilot program to enhance efforts to mitigate vessel impacts on large cetaceans in San Francisco Bay region

(a)

Establishment

(1)

In general

Not later than one year after the date of the enactment of this section, the Secretary, with the concurrence of the Under Secretary, shall carry out a pilot program to establish a Cetacean Desk, which shall be— (A)located and manned within the San Francisco Vessel Traffic Service; and (B)designed— (i)to improve coordination with the maritime industry to reduce the risk of vessel impacts on large cetaceans in the San Francisco Bay and the strait of Golden Gate, including impacts from vessel strikes, disturbances, and other sources; and (ii)to monitor the presence and location of large cetaceans in the San Francisco Bay and the strait of Golden Gate. (2)

Duration and staffing

The pilot program— (A)shall— (i)be for a duration of four years; and (ii)require not more than two full-time equivalent positions, whose responsibilities shall also include contributing to other necessary San Francisco Vessel Traffic Service duties and responsibilities as needed; and (B)may be supported by other existing Federal employees, as appropriate. (b)

Engagement with vessel operators

(1)

In general

In carrying out the pilot program, the Secretary shall require personnel of the Cetacean Desk to engage with vessel operators in areas where large cetaceans have been seen or could reasonably be present to ensure compliance with applicable laws, regulations, and voluntary guidance, to reduce the impact of vessel traffic on large cetaceans. (2)

Contents

In engaging with vessel operators as required under paragraph (1), personnel of the Cetacean Desk shall communicate where and when sightings of large cetaceans have occurred. (c)

Memorandum of understanding

The Secretary and the Under Secretary may enter into a memorandum of understanding to facilitate real-time sharing of data relating to large cetaceans between the State of California, the National Oceanic and Atmospheric Administration, the San Francisco Vessel Traffic Service, and other relevant entities, as appropriate. (d)

Data

The Under Secretary shall leverage existing data collection methods, the program required by section 11303 of the National Defense Authorization Act for Fiscal Year 2023 (16 U.S.C. 1391), and public data to ensure accurate and timely information on the sighting of large cetaceans. (e)

Use of technologies

(1)

Emerging technologies

The Secretary, in coordination with the Under Secretary and the Commandant, shall evaluate for potential use under the pilot program, and, as appropriate, adopt for such use, new and emerging technologies to enhance the effectiveness, efficiency, and responsiveness of the Cetacean Desk, including technologies capable of the following: (A)Improving the detection, identification, tracking, or forecasting of large cetacean presence, including through the use of automated, algorithmic, or artificial intelligence-enabled tools. (B)Improving the integration, processing, or dissemination of data from Federal, State, academic, nongovernmental, and public sources in near real time. (C)Enhancing communication with vessel operators to reduce the likelihood of vessel interactions with large cetaceans. (2)

Existing partnerships and programs

In carrying out this subsection, the Secretary shall, to the maximum extent practicable, leverage existing research partnerships and other Federal programs. (f)

Consultations

In carrying out the pilot program, the Secretary shall consult with Tribal governments, the State of California, institutions of higher education, the maritime industry, ports in the San Francisco Bay region, and nongovernmental organizations. (g)

San Francisco Vessel Traffic Service local variance and policy

The Secretary, with the concurrence of the Under Secretary and in consultation with the Captain of the Port for the San Francisco Bay— (1)shall implement local variances, as authorized by section 70001(c) of title 46, United States Code, to facilitate communication, reporting, and voluntary coordination between vessel operators and the San Francisco Vessel Traffic Service regarding the presence of large cetaceans; (2)shall ensure that any local variances implemented under this subsection maintain safe vessel navigation and are consistent with the communication and coordination functions of the San Francisco Vessel Traffic Service; and (3)may enter into cooperative agreements, in accordance with section 70001(d) of title 46, United States Code, with Federal, State, Tribal, and local officials to reduce the likelihood of vessel interactions with protected large cetaceans, which may include— (A)communicating marine mammal protection guidance to vessels; (B)training on requirements imposed by local, State, Tribal, and Federal laws and regulations and guidelines concerning— (i)vessel buffer zones; (ii)vessel speed; (iii)seasonal no-go zones for vessels; (iv)protected areas, including areas designated as critical habitat, as applicable to marine operations; and (v)any other activities to reduce the direct and indirect impact of vessel traffic on large cetaceans; (C)training to understand, utilize, and communicate large cetacean location data; and (D)training to understand and communicate basic large cetacean detection, identification, and behavior, including— (i)cues of the presence of large cetaceans such as spouts, water disturbances, breaches, or presence of prey; (ii)important feeding, breeding, calving, and rearing habitats that co-occur with areas of high risk of vessel strikes; (iii)seasonal large cetacean migration routes that co-occur with areas of high risk of vessel strikes; and (iv)areas designated as critical habitat for large cetaceans. (h)

Reports required

Not later than one year after the date of enactment of this section, and annually thereafter for the duration of the pilot program, the Commandant, in coordination with the Under Secretary and the Administrator of the Maritime Administration, shall submit to the appropriate congressional committees a report that— (1)evaluates the functionality, utility, reliability, responsiveness, and operational status of the Cetacean Desk, including a quantification of reductions in vessel strikes to large cetaceans as a result of the pilot program; (2)assesses the efficacy of communication between the Cetacean Desk and the maritime industry and provides recommendations for improvements; (3)evaluates the integration and interoperability of existing data collection methods, as well as public data, into the Cetacean Desk operations; (4)assesses the efficacy of collaboration and stakeholder engagement with Tribal governments, the State of California, institutions of higher education, the maritime industry, ports in the San Francisco Bay region, and nongovernmental organizations; and (5)evaluates the progress, performance, and implementation of guidance and training procedures for San Francisco Vessel Traffic Service personnel, as required under subsection (f). (i)

Definitions

In this section: (1)The terms appropriate congressional committees, institution of higher education, Tribal government, and Under Secretary have the meanings given those terms in section 11301 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 16 U.S.C. 1390 note). (2)The term Cetacean Desk means the Cetacean Desk established by the pilot program. (3)The term Commandant means the Commandant of the Coast Guard. (4)The term large cetacean means all species within— (A)the suborder Mysticeti; (B)the genera Physeter; or (C)the genera Orcinus. (5)The term pilot program means the pilot program required under subsection (a). (6)The term Secretary means the Secretary of the department in which the Coast Guard is operating.