Sec. 802. Vessel speed restrictions in marine mammal habitat
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The Administrator shall, in coordination with the Commandant of the Coast Guard and applying the best available scientific information, shall designate areas of importance to marine mammals and establish for each such area a seasonal or year-round mandatory vessel speed limit of 10 knots or less for all vessels greater than or equal to 49 feet in overall length operating in such area. Areas to be designated under subsection (a)— shall include— the important feeding, breeding, calving, rearing, or migratory habitat for strategic stocks of marine mammals, including all areas designated as critical habitat for any marine mammal under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ); and areas of high marine mammal mortality, injury, or harassment, including the disruption of vocalization patterns and masking of biologically important sounds, caused by vessel ship strikes or underwater vessel noise; and may include— any area designated as a National Marine Sanctuary, National Marine Monument, National Park, or National Wildlife Refuge; and areas of high marine mammal primary productivity with year-round or seasonal aggregations of marine mammals to which this section applies.
Not later than 24 months after the date of enactment of this Act, the Administrator shall designate such areas and issue such regulations as are necessary to carry out this section and to designate areas of importance pursuant to this section, consistent with notice and comment requirements under chapter 5 of title 5, United States Code. The Administrator shall issue regulations to modify or designate the areas of importance under this section within 180 days after the issuance of regulations to establish or to modify critical habitat for strategic stocks of marine mammals pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.).
The Administrator shall reexamine the areas of importance designated under this section every five years following the initial issuance of the regulations to determine if the best available scientific information warrants modification or designation of areas of importance, and shall publish any revisions in the Federal Register after notice and opportunity for public comment. Within 90 days after receiving the petition of an interested person under 553(e) of title 5, United States Code, to designate, modify, or add an area of importance under this section, the Administrator shall make a finding as to whether the petition presents substantial scientific information indicating that the petitioned action may be warranted.
The Administrator shall promptly publish such finding in the Federal Register for comment. Within 180 days after the close of comments, the Administrator shall publish in the Federal Register a finding of whether the petitioned action is warranted and, if the Administrator determines that the petitioned action is warranted, shall publish draft regulations designating the area of importance and any relevant technical control operations pursuant to subsection (j). Within 180 days after the close of comments on the draft regulations, the Administrator shall issue final regulations designating the area of importance and any relevant technical control operations pursuant to subsection (j).
The restriction established under subsection
(a)shall not apply to a vessel operating at a speed necessary to maintain safe maneuvering speed if such speed is justified because the vessel is in an area where oceanographic, hydrographic, or meteorological conditions severely restrict the maneuverability of the vessel and the need to operate at such speed is confirmed by the pilot on board or, when a vessel is not carrying a pilot, the master of the vessel. If a deviation from the applicable speed limit is necessary pursuant to this subsection, the reasons for the deviation, the speed at which the vessel is operated, the latitude and longitude of the area, and the time and duration of such deviation shall be entered into the logbook of the vessel. The master of the vessel shall attest to the accuracy of the logbook entry by signing and dating it. The speed limit established under subsection
(a)shall not apply to a vessel operating using technology authorized by regulations issued by the Administrator under subparagraph (B). The Administrator may issue regulations authorizing a vessel to operate using technology specified by the Administrator under this subparagraph if the Administrator determines that such operation is at least as effective as the speed limit under subsection
(a)in reducing mortality and injury to marine mammals and the disturbance of marine mammal habitat. The speed restriction established under subsection (a)— shall apply to all vessels subject to the jurisdiction of the United States, and all other vessels entering or departing a port or place subject to the jurisdiction of the United States; and shall not apply to— United States vessels engaged in military readiness activities; or law enforcement vessels of the Federal Government, when engaged in law enforcement or search and rescue duties. Section 70114(a) of title 46, United States Code, is amended to read as follows: Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, in the United States exclusive economic zone, and on the high seas, shall be equipped with and operate an automatic identification system under regulations prescribed by the Secretary: A self-propelled commercial vessel of at least 49 feet overall in length. A vessel carrying more than a number of passengers for hire determined by the Secretary. A towing vessel of more than 26 feet overall in length and 600 horsepower. Any other vessel for which the Secretary decides that an automatic identification system is necessary for the safe navigation of the vessel. . It is unlawful for any vessel identified in subsection (f)(1) to violate the speed restriction established in subsection (a). Not later than 24 months after the date enactment of this Act, the Administrator shall issue such regulations as are necessary to create a process for investigating and adjudicating violations of paragraph (1). Any entity may file a complaint regarding a violation of this section in a manner determined appropriate by the Administrator, upon which the Administrator shall initiate an investigation. Nothing in this Act shall be construed as modifying, limiting, or superseding enforcement processes established under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) or the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq.). Any person found to have violated this section shall be held liable for their actions. A finding of willful violation or a finding of reckless disregard for restrictions implemented pursuant to this section may warrant civil penalties— including fines up to and including the statutory maximum civil penalties and criminal fines identified 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.); and in the case of a vessel subject to the jurisdiction of the United States, may include— suspension or rescission of vessel operation license; suspension or revocation of fishing permits; and revocation of incidental take permits. In carrying out this section, the Administrator, in consultation with the Secretary of Homeland Security, Secretary of Defense, Secretary of Transportation, and Secretary of the Interior, may implement technical control operations to complement vessel speed reductions’ goal of reduced risk to vulnerable marine species. Such operations which may include— temporary, seasonal, or dynamic area closures; gear restrictions or modification requirements; limitations on volume of vessel traffic; and the establishment of additional size-specific speed limits beyond the limit in subsection (a). Nothing in this section shall be interpreted or implemented in a manner that— subject to paragraph (2), preempts or modifies any obligation of any person subject to the provisions of this title to act in accordance with applicable State laws, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency; affects or modifies any obligation under Federal law; or preempts or supersedes the Final Rule To Implement Speed Restrictions to Reduce the Threat of Ship Collisions With North Atlantic Right Whales, codified at section 224.105 of title 50, Code of Federal Regulations, except for actions that are more protective than the Final Rule and further reduce the risk of take to North Atlantic right whales. The Administrator may determine whether inconsistencies referred to in paragraph (1)(A) exist, but may not determine that any State law is inconsistent with any provision of this title if the Administrator determines that such law gives greater protection to covered marine species and their habitat.
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