Sec. 702. Vessel restrictions in marine mammal habitat
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The Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ) is further amended by inserting after section 121 the following: The Secretary 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 or other vessel-related impacts and establish for each such area seasonal or year-round mandatory vessel restrictions to reduce vessel strikes or other vessel-related impacts, as necessary, for all vessels operating in such areas; and implement for such species, as appropriate, dynamic management area programs incorporating mandatory vessel restrictions to protect marine mammals from vessel strikes or other vessel-related impacts occurring outside designated areas of importance.
Areas designated under subsection (a)— shall include— the important feeding, breeding, calving, rearing, or migratory habitat for priority species of marine mammals, including all areas designated as critical habitat for such species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ), except any area the Secretary determines does not intersect with areas of vessel traffic such that an elevated risk of mortality or injury caused by vessel strikes, or harassment, including the disruption of vocalization patterns and masking of biologically important sounds, caused by underwater vessel noise, exists; 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 strikes or underwater vessel noise; may include— any area designated as a National Marine Sanctuary, Marine National 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 the enactment of this section, the Secretary shall designate areas and vessel restrictions under subsection
(a)and issue such regulations as are necessary to carry out this section, consistent with notice and comment requirements under chapter 5 of title 5, United States Code. The Secretary shall issue regulations to modify or designate the areas of importance and vessel restrictions under this section within 180 days after the issuance of regulations to establish or to modify critical habitat for marine mammals pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). The Secretary shall— reexamine the areas of importance designated and vessel restrictions 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 for vessel restrictions; and publish any revisions under subparagraph
(A)in the Federal Register after notice and opportunity for public comment within 24 months. 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 or vessel restriction under this section, the Secretary shall make a finding as to whether the petition presents substantial scientific information indicating that the petitioned action may be warranted. The Secretary shall promptly publish such finding in the Federal Register for comment. Not later than one year after the close of comments, the Secretary 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 or modifying the area of importance or vessel restrictions within the area of importance. Not later than 12 months after publication of the draft regulations, the Secretary shall issue final regulations designating or modifying the area of importance and vessel restrictions. 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 the entry. The vessel restrictions established under subsection
(a)shall not apply to a vessel operating using technology authorized by regulations issued by the Secretary under subparagraph (B). The Secretary 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 vessel restrictions authorized by regulations under subsection
(a)in reducing mortality and injury to marine mammals. 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— vessels owned, operated, or under contract by the Department of Defense or the Department of Homeland Security, or engaged in military operations with such vessels; or law enforcement vessels of the Federal Government or of a State or political subdivision thereof, when such vessels are engaged in law enforcement or search and rescue duties. This subsection shall not preempt or supersede obligations under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) or this title. Vessels described in subparagraph
(B)of paragraph
(2)are encouraged to abide by the speed restriction whenever it is, in the judgment of the masters of such vessels, feasible and practicable to do so without impairing the operations in which they are engaged. 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 Secretary 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 Secretary determines that such law gives greater protection to covered marine species and their habitat. For the purposes of this section, the term priority species means, at a minimum, all Mysticeti species and species within the genera Physeter , Orcinus , and Trichechus . There is authorized to be appropriated to the Secretary to carry out this section, $3,000,000 for each of fiscal years 2022 through 2026, and there is authorized to be appropriated to the Commandant of the Coast Guard to carry out this section, $3,000,000 for each of fiscal years 2024 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 restrictions in marine mammal habitat. .
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