Sec. 418. Assistance related to marine mammals
1,615 words·~7 min read·
/bill/117/hr/6865/rh/section-418A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 50307(b) of title 46, United States Code, is amended— in paragraph (1)(D) by striking and at the end; in paragraph
(2)by striking the period and insert ; and ; and by adding at the end the following: technologies that quantifiably reduce underwater noise from marine vessels, including noise produced incidental to the propulsion of marine vessels. . Chapter 541 of title 46, United States Code, is amended by adding at the end the following: The Administrator of the Maritime Administration, in coordination with the Secretary of the department in which the Coast Guard is operating, may make grants to, or enter into contracts or cooperative agreements with, academic, public, private, and nongovernmental entities to develop and implement mitigation measures that will lead to a quantifiable reduction in— impacts to marine mammals from vessels; and underwater noise from vessels, including noise produced incidental to the propulsion of vessels. Assistance under this section may be used to develop, assess, and carry out activities that reduce threats to marine mammals by— reducing— stressors related to vessel traffic; and vessel strike mortality, and serious injury; or monitoring— sound; and vessel interactions with marine mammals. The Administrator shall prioritize assistance under this section for projects that— is based on the best available science on methods to reduce threats related to vessels traffic; collect data on the reduction of such threats; reduce— disturbances from vessel presence; mortality risk; or serious injury from vessel strikes; or conduct risk assessments, or tracks progress toward threat reduction. The Administrator shall provide to the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, an annual briefing that includes the following: The name and location of each entity receiving a grant under this section. The amount of each such grant. A description of the activities carried out with assistance provided under this section. An estimate of the impact that a project carried out with such assistance has on the reduction of threats to marine mammals. There is authorized to be appropriated to the Administrator to carry out this section $10,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. . The analysis for chapter 541 of title 46, United States Code, is amended by adding at the end the following: 54102. Assistance to reduce impacts of vessel strikes and noise on marine mammals. . Part of A of subtitle V of title 46, United States Code, is amended by adding at the end the following: Sec. 50701. Near real-time monitoring and mitigation program for large whales. 50702. Pilot project. The Administrator of the Maritime Administration, in consultation with the Commandant of the Coast Guard, shall design and deploy a near real-time large whale monitoring and mitigation program (in this section referred to as the Program) informed by the technologies, monitoring methods, and mitigation protocols developed pursuant to the pilot program required under section 50702. The purpose of the Program will be to reduce the risk to large whales of vessel collisions and to minimize other impacts. In designing and deploying the Program, the Administrator shall— prioritize species of large whales for which vessel collision impacts are of particular concern; prioritize areas where such vessel impacts are of particular concern; develop technologies capable of detecting and alerting individuals and enforcement agencies of the probable location of large whales on a near real-time basis, to include real time data whenever possible; inform sector-specific mitigation protocols to effectively reduce takes of large whales; and integrate technology improvements as such improvements become available. The Administrator may make grants or enter into and contracts, leases, or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the Administrator considers appropriate, consistent with Federal acquisition regulations. The Administrator of the Maritime Administration shall carry out a pilot monitoring and mitigation project for North Atlantic right whales (in this section referred to as the Pilot Program ) for purposes of informing a cost-effective, efficient, and results-oriented near real-time monitoring and mitigation program for large whales under 50701. In carrying out the pilot program, the Administrator, in coordination with the Commandant of the Coast Guard, using best available scientific information, shall identify and ensure coverage of— core foraging habitats of North Atlantic right whales, including— the South of the Islands core foraging habitat; the Cape Cod Bay Area core foraging habitat; the Great South Channel core foraging habitat; and the Gulf of Maine; and important feeding, breeding, calving, rearing, or migratory habitats of North Atlantic right whales that co-occur with areas of high risk of mortality, serious injury, or other impacts to such whales, including from vessels or vessel strikes. Not later than 3 years after the date of enactment of the Coast Guard Authorization Act of 2022, the Administrator, in consultation with the Commandant, Tribal governments, and with input from affected stakeholders, shall design and deploy a near real-time monitoring system for North Atlantic right whales that— comprises the best available detection and survey technologies to detect North Atlantic right whales within core foraging habitats; uses dynamic habitat suitability models to inform the likelihood of North Atlantic right whale occurrence in core foraging habitat at any given time; coordinates with the Integrated Ocean Observing System and Coast Guard vessel traffic service centers, and may coordinate with Regional Ocean Partnerships to leverage monitoring assets; integrates historical data; integrates new near real-time monitoring methods and technologies as they become available; accurately verifies and rapidly communicates detection data; creates standards for allowing ocean users to contribute data to the monitoring system using comparable near real-time monitoring methods and technologies; and communicates the risks of injury to large whales to ocean users in a way that is most likely to result in informed decision making regarding the mitigation of those risks. All monitoring methods, technologies, and protocols under this section shall be consistent with national security considerations and interests. The Administrator shall provide access to data generated by the monitoring system deployed under paragraph
(1)for purposes of scientific research and evaluation, and public awareness and education, including through the NOAA Right Whale Sighting Advisory System and WhaleMap or other successive public web portals, subject to review for national security considerations. The Administrator, in consultation with the Commandant, and with input from affected stakeholders, develop and deploy mitigation protocols that make use of the near real-time monitoring system deployed under subsection
(c)to direct sector-specific mitigation measures that avoid and significantly reduce risk of serious injury and mortality to North Atlantic right whales. Not later than 2 years after the date of the enactment of the Coast Guard Authorization Act of 2022, the Administrator, in consultation with the Commandant, shall submit to the appropriate Congressional Committees and make available to the public a preliminary report which shall include— a description of the monitoring methods and technology in use or planned for deployment; analyses of the efficacy of the methods and technology in use or planned for deployment for detecting North Atlantic right whales; how the monitoring system is directly informing and improving North American right whale management, health, and survival; a prioritized identification of technology or research gaps; a plan to communicate the risks of injury to large whales to ocean users in a way that is most likely to result in informed decision making regarding the mitigation of those risks; and additional information, as appropriate. Not later than 6 years after the date of the enactment of the Coast Guard Authorization Act of 2022, the Administrator, in consultation with the Commandant, shall submit to the appropriate congressional committees and make available to the public a final report, addressing the components in subparagraph
(A)and including— an assessment of the benefits and efficacy of the near real-time monitoring and mitigation program; a strategic plan to expand the pilot program to provide near real-time monitoring and mitigation measures; to additional large whale species of concern for which such measures would reduce risk of serious injury or death; and in important feeding, breeding, calving, rearing, or migratory habitats of whales that co-occur with areas of high risk of mortality or serious injury of such whales from vessel strikes or disturbance; a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies; the locations or species for which the plan would apply; and a budget and description of funds necessary to carry out the strategic plan. The Administrator may make grants enter into contracts, leases, or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the Administrator considers appropriate, consistent with Federal acquisition regulations. There is authorized to be appropriated to the Administrator to carry out this section $17,000,000 for each of fiscal years 2022 through 2026. In this section and section 50701: The term appropriate congressional committees means the Committee Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The term core foraging habitats means areas with biological and physical oceanographic features that aggregate Calanus finmarchicus and where North Atlantic right whales foraging aggregations have been well documented. The term near real-time means detected activity that is visual, acoustic, or in any other form, of North Atlantic right whales that are transmitted and reported as soon as technically feasible after such detected activity has occurred. The term large whale means all Mysticeti species and species within the genera Physeter and Orcinus. . The table of chapters for subtitle V of title 46, United States Code is amended by adding after the item related to chapter 505 the following: 507. Monitoring and Mitigation 50701 .