[Congressional Record (Bound Edition), Volume 154 (2008), Part 2]
[Senate]
[Pages 2310-2311]
[From the U.S. Government Publishing Office, www.gpo.gov]




    SENATE RESOLUTION 456--DIRECTING THE UNITED STATES TO UNDERTAKE 
BILATERAL DISCUSSIONS WITH CANADA TO NEGOTIATE AN AGREEMENT TO CONSERVE 
 POPULATIONS OF LARGE WHALES AT RISK OF EXTINCTION THAT MIGRATE ALONG 
                 THE ATLANTIC SEABOARD OF NORTH AMERICA

  Ms. SNOWE (for herself, Ms. Collins, and Mr. Sununu) submitted the 
following resolution; which was referred to the Committee on Foreign 
Relations:

                              S. Res. 456

       Whereas populations of large whales in the north Atlantic, 
     including north Atlantic right whales, fin whales, and 
     humpback whales, were substantially reduced, largely due to 
     commercial whaling efforts that ended more than 60 years ago 
     in the United States and more than 30 years ago in Canada, 
     and rebuilding and protecting these species requires 
     significant conservation efforts;
       Whereas the United States and Canada share the goals of 
     marine resource conservation through sound scientific 
     research and seek to protect large whales at risk of 
     extinction;
       Whereas north Atlantic right whales, humpback whales, and 
     fin whales are listed as ``endangered'' under the United 
     States Endangered Species Act and ``depleted'' under the 
     Marine Mammal Protection Act, and north Atlantic right whales 
     are listed as ``endangered'' and fin whales are listed as a 
     species of ``special concern'' under Canada's Species at Risk 
     Act;
       Whereas north Atlantic right whales, humpback whales, and 
     fin whales, migrate throughout the north Atlantic Ocean, 
     including through the waters of the United States and Canada 
     along the eastern Atlantic Seaboard;
       Whereas the populations of large whales in the north 
     Atlantic Ocean are affected by natural factors including 
     availability of forage and oceanographic conditions such as 
     water temperature, salinity, and currents, and additional 
     research on these topics will facilitate whale conservation;
       Whereas some fishermen in both the United States and Canada 
     employ fixed gear types within the migratory range of large 
     whales, thereby exposing the species to risks of 
     entanglement, and ships transiting both United States and 
     Canadian waters have been known to strike large whales 
     resulting in injury or death of the cetaceans;
       Whereas the United States has taken significant regulatory 
     and advisory steps to reduce the impacts of its fishing and 
     shipping activities on large whale species, including 
     restrictions on fixed fishing gear, closures of areas to 
     certain types of fishing effort seasonally, and advisory 
     restrictions on vessel traffic;
       Whereas effective regulations to ensure conservation and 
     protection of these large whale species must be a 
     transboundary, bilateral effort that equitably distributes 
     the costs and benefits of whale conservation among regulated 
     and other concerned parties in each Nation, including the 
     United States and Canadian governments, the fishing and 
     shipping industries, States, Canadian provinces, and 
     interested nongovernmental organizations;
       Whereas Canada and the United States have a history of 
     cooperation on transboundary marine resource issues, 
     including a joint effort by the Canadian Department of 
     Fisheries and Oceans and the United States' Provincetown 
     Center for Coastal Studies and the New England Aquarium to 
     assist entangled large whales in the Bay of Fundy and Gulf of 
     Maine;
       Whereas the United States National Oceanic and Atmospheric 
     Administration has long been involved with a series of 
     bilateral discussions with Canada concerning the United 
     States Atlantic Large Whale Take Reduction Plan, and the 
     Canadian Species at Risk Plan;
       Whereas encouraging collaboration between representatives 
     of the United States and Canadian Federal governments, 
     affected States and Canadian provinces, affected fishing and 
     shipping industries, and non-governmental organizations will 
     facilitate the parties' ability to develop a sound, 
     scientifically supported, mutually acceptable agreement: Now, 
     therefore, be it
       Resolved, by the Senate, That--
       (1) the United States should undertake bilateral 
     discussions with Canada to negotiate an agreement for the 
     conservation and protection of migratory or transboundary 
     populations of large whales at risk of extinction in the 
     northwest Atlantic Ocean;
       (2) the agreement negotiated pursuant to paragraph (1) 
     should contain mechanisms, inter alia, for reducing incidents 
     of endangered large whales becoming entangled in fishing 
     gear, being struck by ships, or otherwise adversely impacted 
     by human activity;
       (3) the mechanisms developed pursuant to paragraph (2) 
     should ensure that--
       (A) the costs and benefits of whale conservation 
     regulations are to the extent feasible fairly and equitably 
     distributed among regulated and other concerned parties 
     including the United States and Canadian governments, the 
     fishing and shipping industries, States, Canadian provinces, 
     and interested nongovernmental organizations;
       (B) the full economic impact on fishing communities is 
     considered in the development of such measures; and
       (C) the best available science on whale behavior, including 
     diving, feeding, and migration, is used to develop 
     conservation mechanisms;
       (4) as any bilateral agreement is negotiated and 
     implemented, the United States and Canada should consult 
     with, inter alia, affected fishery management agencies, 
     coastal States and provinces impacted by the agreement, and 
     appropriate industry and nongovernmental organizations; and
       (5) until the agreement pursuant to paragraph (1) becomes 
     operational, the United States should continue to undertake 
     efforts to reduce the impacts of human activity on endangered 
     large whales while taking steps, to the extent consistent 
     with United States law, to minimize the economic impact of 
     such efforts on affected industries.

  Ms. SNOWE. Mr. President, I rise today to introduce a resolution 
directing the U.S. to undertake bilateral discussions with Canada to 
negotiate an agreement to conserve endangered large whales that migrate 
along the Atlantic seaboard of North America. I would also like to 
thank my colleagues, Senators Collins and Sununu for their 
cosponsorship. Whales do not recognize international boundaries, and it 
is critical that we work with our neighbors to develop consistent means 
to protect whales from potentially harmful interactions with fishing 
gear, ships, and other manmade threats.
  Both the U.S. and Canada have taken steps to reduce the impacts of 
their respective maritime industries on endangered whale populations, 
but neither country can provide adequate protection working 
independently of the other. Large whales, including critically 
endangered north Atlantic right whales, humpback whales, and fin 
whales, migrate throughout the north Atlantic Ocean, crossing 
frequently between Canadian and U.S. waters where fishermen on both 
sides of the boundary employ fishing methods that pose a risk of 
entanglement, and transiting ships have been known to strike the 
cetaceans, resulting in serious injury or death.
  The U.S. has long been a global leader in marine mammal protection. 
The Atlantic Large Whale Take Reduction Plan, developed under the 
auspices of the National Marine Fisheries Service, NMFS, carries a 
mandate to reduce incidents of whale entanglement with fishing gear and 
of ship strikes, and it has issued numerous regulations aimed at 
achieving its goals. Unfortunately, many of its regulations on the U.S. 
fishing industry have not been matched by their management counterparts 
north of the border. Most recently, in October of this year, NMFS 
issued new regulations, including a mandate for lobster fishermen to 
use sinking rope to connect their strings of lobster pots. The intent 
of this rule is to reduce the amount of rope in the water column and 
thus the risk of a whale becoming

[[Page 2311]]

entangled. Traditionally, lobstermen have fished using floating rope 
because in the strong tides and rocky sea floor we experience in many 
areas off the coast of Maine, sinking rope can chaff, abrade, and break 
quite easily. These rules, which are due to take effect in October of 
this year will increase fishermen's overhead cost by requiring more 
frequent replacement of degraded rope, and pose a safety hazard for our 
lobstermen. Canadian fishermen experience no similar restrictions on 
their gear, thereby reducing their overhead costs relative to U.S. 
fishermen. This not only gives them a competitive advantage in the 
marketplace, but also provides no benefit to the endangered species of 
whales our lobstermen are making sacrifices to protect.
  Canada should be praised, however, for its efforts to implement 
regulations on its shipping industry, including imposing speed limits 
in areas whales are known to frequent. NMFS's Take Reduction Team has 
developed similar regulations for shippers transiting areas of U.S. 
waters, and NMFS sent its final rule to the Office of Management and 
Budget nearly 1 year ago, but to date, that office has failed to 
release it. I find it inexcusable that the administration finds it 
acceptable to impose harsh restrictions on the lobster industry, which 
is comprised of hardworking small businessmen struggling to make ends 
meet, but refuses to impose restrictions on a multi-billion dollar 
industry. This despite the fact that the cost of the ship strike rules, 
expressed as a percentage of the affected industry's total earnings, 
will be a fraction of the cost of the gear restrictions. This inequity 
is exacerbated by the fact that since 2001, nearly three times more 
whales have been confirmed killed by ship strikes than by entanglement 
in fishing gear.
  I expect that this resolution will serve to spur productive 
conversations between the U.S. and Canada that will ultimately lead to 
development of bilateral whale protection measures. By agreeing to 
equal protection measures in U.S. and Canadian waters, we can not only 
guarantee more comprehensive protection for endangered whales, but also 
a fair distribution of cost to affected industries and a level playing 
field for both U.S. and Canadian products.

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