Sec. 1202. Quiet Seas and Clear Skies Vessel Speed Reduction Award Program
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The Congress finds the following: 49 marine mammal species are considered depleted under the Marine Mammal Protection Act of 1972, and of those species, 42 are listed as threatened or endangered under the Endangered Species Act of 1973. Climate change is altering marine mammal migration routes and timing. Hundreds of threatened and endangered marine mammals, including North Atlantic right whales and blue whales, die from vessel strikes each year. Background ambient noise levels have increased significantly since the 1950s and can be attributed to vessel noise, impeding foraging, breeding, communication, and other behaviors of marine animals, including of threatened species and endangered species.
Slower ship speeds reduce the lethality of vessel strikes on marine life, moderate underwater noise, and provide climate benefits through reduced fuel consumption and lower particulate emissions. In 2019, the Vessel Speed Reduction Program in the Santa Barbara Channel region and the San Francisco Bay region saved over 17,000 metric tons of greenhouse gas emissions, with 349 vessels from 15 different companies slowing their speeds for over 99,000 nautical miles. Not later than 12 months after the date of enactment of this Act, the Administrator, in consultation with the Administrator of the EPA and Commandant of the United States Coast Guard, shall establish the Quiet Seas and Clear Skies Program (in this section referred to as the Program ) to— reduce air pollution, harmful underwater vessel noise, and the risk of fatal marine mammal ship strikes by encouraging voluntary reduction in the speed of eligible vessels operating within the exclusive economic zone of the United States; and annually award Quiet Seas and Clear Skies Excellence Awards under subsection
(d)for verified successful participation in, and cooperation with, the Program by shipping companies. The Administrator shall develop and publish in the Federal Register requirements for voluntary participation in the Program by eligible shipping companies, including the following: Geographic areas covered by the Program shall include all waters of the United States exclusive economic zone. At least 75 percent of eligible vessels operated by a shipping company shall participate and be in compliance with paragraph
(3)in order to be eligible for an Award under subsection (d). The Administrator shall, based upon the best available scientific information and consultation with the Commandant of the Coast Guard, and input from shipping companies and experts in air quality and marine mammal conservation, prescribe maximum speeds for eligible vessels participating in the Program, except when directed by the Coast Guard to proceed in excess of the speed requirements of the Program for safety purposes, that would— obtain a significant reduction in greenhouse gas and particulate pollution, including black carbon emissions from eligible vessels; protect marine life; and reduce noise generated by eligible vessels. The Administrator shall establish protocols for shipping companies to certify compliance with the Program requirement to be eligible for an Award under subsection (d). Under the Program, the Director of National Marine Sanctuaries shall annually award Quiet Seas and Clear Skies Excellence Awards to shipping companies operating fleets that have participated in, and complied with the requirements of, the Program during the preceding year. The Administrator shall create an official seal to be recognized as the symbol of excellence in compliance with the Program, that— may be used by shipping companies with eligible vessels for which a Quiet Seas and Clear Skies Excellence Award is awarded under this section; includes the name of the shipping company; and includes the year for which such Award was made. Nothing in this section shall be construed to— require participation in the Program; or authorize any action that affects navigational rights and freedoms under international law or navigational safety. In this section, the term eligible vessel means a vessel greater than or equal to 65 feet in overall length. There is authorized to be appropriated to the Administrator to carry out this section $4,000,000 for each of fiscal years 2022 through 2026.