Sec. 702. Vessel speed restrictions in marine mammal habitat
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The Marine Mammal Protection Act of 1974 ( 16 U.S.C. 1361 et seq. ) is further amended by inserting after section 121 the following: The Administrator shall, in coordination with the Marine Mammal Commission and the Commandant of the Coast Guard and applying the best available scientific information, designate areas of importance for marine mammals known to experience vessel strikes and establish for each such area a seasonal or year-round mandatory vessel restrictions to reduce vessel strikes, as necessary, for all vessels operating in such areas. Areas designated under subsection
(a)may 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 ); 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; 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 three years after the date of enactment of this section, the Administrator shall designate areas under subsection
(a)and issue such regulations as are necessary to carry out this section and to designate areas of importance pursuant to this Act, 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 5 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 publish any revisions under subparagraph
(A)in the Federal Register after notice and opportunity for public comment. Not later than 90 days after receiving the petition of an interested person under section 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. Not later than one year 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. Not later than 180 days after the close of comments on the draft regulations, the Administrator shall issue final regulations designating the area of importance. Any restrictions established under subsection
(a)shall not apply to vessels described in section 224.1059(c) of title 50, Code of Regulations. 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. Any speed restriction established under subsection (a)— shall apply to all vessels subject to the jurisdiction of the United States, all other vessels entering or departing a port or place subject to the jurisdiction of the United States, and all other vessels within the Exclusive Economic Zone of the United States, regardless of flag; and shall not apply to— United States vessels engaged in military readiness activities; or law enforcement vessels of the Federal Government, when such vessels are engaged in law enforcement or search and rescue duties. 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 titled 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. There is authorized to be appropriated to the Administrator carry out this section, $3,000,000 for each of fiscal years 2022 through 2026. . The table of contents in the first section of such Act is further amended by inserting after the item relating to section 121 the following: Sec. 122. Vessel speed restrictions in marine mammal habitat. .
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