[House Report 116-244]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-244
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
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SCIENTIFIC ASSISTANCE FOR VERY ENDANGERED NORTH ATLANTIC RIGHT WHALES
ACT OF 2019
_______
October 18, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1568]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1568) 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, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scientific Assistance for Very
Endangered North Atlantic Right Whales Act of 2019'' or the ``SAVE
Right Whales Act''.
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 for the conservation of 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 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, sectors of the shipping and fishing
industries, fishing gear manufacturers, and rope
manufacturers.
(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.
(3) Required elements.--A project proposal shall include--
(A) a statement of the purposes of the project;
(B) the name of the entity or individual with overall
responsibility for the project;
(C) a description of the qualifications of the entity
or individuals that will conduct the project;
(D) a description of--
(i) methods for project implementation and
outcome assessment;
(ii) staffing and stakeholder engagement for
the project;
(iii) the logistics of the project;
(iv) an estimated timeline for the project;
and
(v) anticipated outcomes of the project;
(E) a proposed budget for the funds and time required
to complete the project;
(F) information regarding the source and amount of
matching funding available for the project;
(G) information that demonstrates the clear potential
of the project to contribute to the conservation of
North Atlantic right whales; and
(H) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(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) after taking into consideration any comments
resulting from the consultation and any potential
losses that could be incurred to the fishing industry
as a result of the proposal, approve or disapprove the
proposal; and
(C) 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 if the project shows promise for
contributing to recovering and sustaining a viable population of North
Atlantic right whales in the wild by assisting efforts to--
(1) implement conservation programs;
(2) 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 vessel collisions and fishing gear entanglements;
(3) promote cooperative projects on such topics with foreign
governments; or
(4) promote cooperative projects on such topics with affected
local communities, small businesses such as fishermen, others
in the private sector, or nongovernmental organizations.
(e) Priority.--To the extent practicable, in determining whether to
approve project proposals under this section, the Secretary shall
prioritize projects that are designed to reduce the lethal and sub-
lethal effects of human activities on North Atlantic right whales. In
prioritizing such projects, the Secretary shall prioritize, among such
projects, projects that are cooperative in nature and include fishing
or shipping sector participants.
(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. NORTH ATLANTIC RIGHT WHALE INTERAGENCY BUDGET.
(a) In General.--The Director of the Office of Management and Budget
shall include, in the budget of the President submitted to Congress
under section 1105(a) of title 31, United States Code, for fiscal year
2021 and each fiscal year thereafter, an interagency budget that
displays for each Federal agency that engages in North Atlantic right
whale activities--
(1) the amount of appropriations and expenditures for the
preceding fiscal year for such activities and a description of
such activities;
(2) the estimated amount to be expended during the current
fiscal year for such activities and a description of such
activities; and
(3) the amount estimated to be necessary for the next fiscal
year for such activities and a description of such activities.
(b) North Atlantic Right Whale Activities Defined.--In this section,
the term ``North Atlantic right whale activities'' means any activity
of a Federal agency to study, observe, monitor, manage, protect,
conserve, or restore the North Atlantic right whale population through
direct or indirect means, including through the provision of
competitive financial assistance to non-Federal entities.
SEC. 103. REPORT TO CONGRESS.
Not later than 2 years after the date of the enactment of this Act,
and annually 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. 104. FUNDING.
(a) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated to
the Secretary to carry out this title $5,000,000 for each of
fiscal years 2019 through 2029.
(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 5.
TITLE II--CONTINUOUS PLANKTON RECORDER
SEC. 201. SURVEY.
(a) In General.--Not later than 180 days after the date of the
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 Secretary of Commerce 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 2019 through 2029.
PURPOSE OF THE BILL
The purpose of H.R. 1568 is 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 and by conducting a plankton survey.
BACKGROUND AND NEED FOR LEGISLATION
For over a thousand years, the North Atlantic right whale,
Eubalaena glacialis, was hunted by humans for its oil, meat,
and baleen. Its name originates from early whalers calling it
the ``right'' whale to hunt due to its slow movement, close
proximity to shore, and the fact that its large amounts of
blubber cause it to float after being killed.\1\
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\1\See, e.g., NOAA Fisheries, Right Whales, Marine Mammal Education
Web, https://www.afsc.noaa.gov/nmml/education/cetaceans/right.php.
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Since 1935, right whales have been protected by the
International Convention for the Regulation of Whaling, with
additional protections granted by the Marine Mammal Protection
Act in 1972 and the Endangered Species Act in 1973. Between
1990 and 2010, the population slowly grew by about 2.8 percent
per year.\2\ But since 2010, with emerging threats from ship
strikes, fishing gear entanglement, and underwater noise, the
North Atlantic right whale population is on the decline once
again, with calving rates dropping by nearly 40 percent from
2010-2016,\3\ and an unprecedented twenty North Atlantic right
whale deaths in 2017 and 2018, representing more than 4 percent
of the population.\4\ Of the twenty mortalities observed, five
were attributed to blunt force trauma from vessel strikes,
three confirmed mortalities were from entanglements in fishing
gear, and four additional mortalities are suspected to be from
fishing gear entanglements.\5\ The most recent best estimate is
that only 411 right whales remain.\6\
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\2\Gordon T. Waring et al., US Atlantic and Gulf of Mexico Marine
Mammal Stock Assessments--2015 (2016), NOAA Technical Memorandum NMFS-
NE-238, https://www.nefsc.noaa.gov/publications/tm/tm238/tm238.pdf.
\3\Scott D. Kraus et al., Opinion Article, Recent Scientific
Publications Cast Doubt on North Atlantic Right Whale Future, Frontiers
In Marine Science (Aug. 17, 2016), https://doi.org/10.3389/
fmars.2016.00137.
\4\H.M. Pettis et al., North Atlantic Right Whale Consortium 2018
Annual Report Card 2 (2018), https://www.narwc.org/uploads/1/1/6/6/
116623219/2018report_cardfinal.pdf.
\5\NOAA Fisheries, Marine Life in Distress, 2017-2019 North
Atlantic Right Whale Unusual Mortality Event, https://
www.fisheries.noaa.gov/national/marine-life-distress/2017-2019-north-
atlantic-right-whale-unusual-mortality-event.
\6\Pettis et al., supra note 4, at 4.
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There is also significant evidence that climate change is
shifting the migration routes of the North Atlantic right
whale. The Gulf of Maine is warming faster than 99 percent of
the global ocean.\7\ Warmer waters are causing ocean currents
to change, and right whales have expanded their foraging
distribution further north to into the Gulf of St. Lawrence,
Canada.\8\ Several studies have demonstrated the importance of
plankton availability to the reproductive success and survival
of right whales.\9\
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\7\Andrew J. Pershing et al., Slow Adaptation in the Face of Rapid
Warming Leads to Collapse of the Gulf of Maine Cod Fishery, 350 Science
6262, 809 (2015), https://science.sciencemag.org/content/350/6262/809.
\8\Sean A. Hayes et al., North Atlantic Right Whales--Evaluating
Their Recovery Challenges in 2018 (2018), NOAA Technical Memorandum
NMFS-NE-247, https://www.greateratlantic.fisheries.noaa.gov/protected/
whaletrp/trt/meetings/September%202018/tm247_2_.pdf.
\9\Erin L. Meyer-Gutbrod & Charles H. Greene, Uncertain Recovery of
the North Atlantic Right Whale in a Changing Ocean, Global Change Biol.
(Oct. 31, 2017), https://doi.org/10.1111/gcb.13929; Meyer-Gutbrod et
al., Climate-Associated Changes in Prey Availability Drive Reproductive
Dynamics of the North Atlantic Right Whale Population, 535 Marine
Ecology Progress Series 243 (2015), https://doi.org/10.3354/meps11372.
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H.R. 1568, the Scientific Assistance for Very Endangered
North Atlantic Right Whales Act (SAVE Right Whales Act), would
assist in the conservation of the North Atlantic right whale by
supporting and providing financial resources for research to
develop, test, or use innovative technologies and other
strategies to reduce entanglements and vessel collisions. The
bill also requires the Secretary of Commerce to conduct a
continuous plankton recorder survey to determine the
availability of plankton--right whales' primary food source--in
a set area to better determine the likelihood that right whales
could be present. This survey would help with real-time
management of fishing activity.
COMMITTEE ACTION
H.R. 1568 was introduced on March 6, 2019, by
Representative Seth Moulton (D-MA). The bill was referred to
the Committee on the Budget and the Committee on Natural
Resources, and within the latter Committee to the Subcommittee
Water, Oceans, and Wildlife. On March 26, 2019, the
Subcommittee held a hearing to consider the bill. On May 1,
2019, the Natural Resources Committee met to consider the bill.
The Subcommittee was discharged by unanimous consent. Chair
Grijalva (D-AZ) offered an amendment in the nature of a
substitute; it was adopted by unanimous consent. The bill, as
amended, was ordered favorably reported to the House of
Representatives by a roll call vote of 23 yeas and 13 nays, as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearings were used to develop or
consider H.R. 1568: Subcommittee on Water, Oceans, and Wildlife
oversight hearing on ``Examining the Threats to the North
Atlantic Right Whale,'' held on March 7, 2019; and Subcommittee
on Water, Oceans, and Wildlife legislative hearing on H.R.
1326, H.R. 877, H.R. 1809, H.R. 737, H.R. 1305, H.R. 1380, and
H.R. 1568, held on March 26, 2019.
SECTION-BY-SECTION ANALYSIS
Title I--North Atlantic Right Whale Conservation
Section 101. North Atlantic Right Whale Conservation
Assistance. This section provides for financial assistance and
grants from NOAA for projects focused on the conservation of
North Atlantic right whales. These grants can go to state and
tribal agencies, research institutions, nonprofit
organizations, and any other individuals or entities who
possess the expertise required for conservation of North
Atlantic right whales. Project proposals must include methods,
staffing and stakeholder engagement, logistics, timeline, and
anticipated outcomes, including the potential of the project to
contribute to the conservation of North Atlantic right whales.
Priority projects would be ones that reduce lethal and sub-
lethal effects of human activities on right whales. Grant
recipients must also demonstrate at least 25 percent non-
federal matching funds and submit reports on the status of the
project.
Section 102. North Atlantic Right Whale Interagency Budget.
This section requires the Office of Management and Budget to
submit an interagency budget displaying the appropriations and
expenditures on North Atlantic right whale activities for each
agency involved.
Section 103. Report to Congress. This section requires an
annual report from NOAA to Congress regarding the results and
effectiveness of the projects funded under the bill.
Section 104. Funding. This section authorizes $5 million
per year through fiscal year 2029. The greater of $80,000 or 5
percent of the appropriated amount can be used each year for
administrative expenses. Donations can also be used.
Title II--Continuous Plankton Recorder
Section 201. Survey. This section authorizes a continuous
plankton recorder survey conducted by the Northeast Fisheries
Science Center in coordination with other research
institutions, nonprofit organizations, commercial vessels, and
federal agencies. The survey should prioritize the data that
inform the conservation of North Atlantic right whales. The
survey is authorized at $300,000 per year through fiscal year
2029.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 13, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1568, the SAVE
Right Whales Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1568 would authorize the appropriation of $5.3 million
annually from 2019 through 2029 for the National Oceanic and
Atmospheric Administration (NOAA) to provide competitive grants
for projects to conserve a particular species of whales, known
as the North Atlantic right whales, ($5.0 million) and to
conduct surveys using a device known as a continuous plankton
recorder on an ongoing basis ($0.3 million).
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R 1568 would cost $50 million
over the 2019-2029 period and $3 million after 2029. The costs
of the legislation, detailed in Table 1, would fall into budget
function 300 (natural resources and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1568
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By fiscal year, millions of dollars--
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2019a 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019-2024 2019-2029
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Increases in Spending Subject to Appropriation
Authorization....................................... 5 5 5 5 5 5 5 5 5 5 5 32 58
Estimated Outlays................................... 0 3 4 5 5 5 5 5 5 5 5 24 50
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Components may not sum to totals because of rounding; n.a. = not applicable.
aH.R. 1568 would authorize appropriations totaling $5.3 million for 2019. CBO does not estimate any outlays for those authorizations because
appropriations for 2019 have already been provided.
Under the bill, NOAA also would be authorized to accept and
spend monetary gifts to supplement appropriated funds provided
for the right whale conservation grants. The receipt and
spending of such gifts are recorded in the budget as direct
spending. Because any money received would probably be spent
soon thereafter, CBO estimates that the net effect on direct
spending would be negligible.
The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill is 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 and by conducting a plankton survey.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
This bill contains no unfunded mandates.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
The Right whale got its name from the whalers who drove it
nearly to extinction in the 19th Century. It was the ``right''
whale to hunt to supply the lucrative whale oil market. Decades
of predation have reduced its numbers in the Atlantic to the
point that it now lacks a sufficient genetic pool to produce a
healthy growing population.
Some would use the struggling population to blame seismic
testing for oil and gas exploration, but the fact is that other
whale populations in the North Atlantic have been growing at a
healthy rate. Blue whales, (growing about 3 percent per year),
Humpback Whales (which have recovered their pre-whaling
populations), Fin whales (growing 4 to 5 percent per year in
the North Pacific with their populations in the North Atlantic
described as ``healthy.'' All this according to the
International Whaling Commission (IWC).\1\
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\1\https://iwc.int/index.php?cID=status.
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And fortunately, the Right Whale populations in the South
Atlantic and Pacific are also recovering. Also according to the
IWC, ``the breeding populations of (right whales in) Argentina/
Brazil, South Africa and Australia have shown evidence of
strong recovery with annual increase rates of 7-8% and together
may now total over 16,000 . . .''
I had feared that when the subcommittee considered the
issue, it would attempt to ban oil and gas exploration in the
North Atlantic. I noted at the hearing that ``Most whale
species are recovering in the Northern Hemisphere and the Right
whale population is making a strong recovery in the Southern
Hemisphere--all under current conditions. Happily, so too is
American energy independence and the American economy, with
great promise of future prosperity and growth from our offshore
reserves.''\2\ I asked the majority to try not to screw that up
today, please.
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\2\https://www.eia.gov/petroleum/supply/weekly/pdf/table1.pdf.
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This bill instead simply provides for $50 million in grants
for right whale conservation programs. The bill does little to
help the Right Whale but does effectively line the pockets of
advocacy groups at the expense of taxpayers and for that reason
I remain opposed to the legislation.
Tom McClintock,
Ranking Member, Subcommittee
on Water, Oceans and
Wildlife.
[all]