Division JJ — North Atlantic Right Whales

117th Congress · Approved Dec 29, 2022 · 136 Stat. 4459

DIVISION JJ North Atlantic Right Whales

TITLE I North Atlantic Right Whales and Regulations

SEC. 101. North Atlantic Right Whales and Regulations.

(a)

In General.— Notwithstanding any other provision of law except as provided in subsection (b), for the period beginning on the date of enactment of this Act and ending on December 31, 2028, the Final Rule amending the regulations implementing the Atlantic Large Whale Take Reduction Plan (86 Fed. Reg. 51970) shall be deemed sufficient to ensure that the continued Federal and State authorizations of the American lobster and Jonah crab fisheries are in full compliance with the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). The National Marine Fisheries Service shall—

(1)

throughout the period described in the preceding sentence, in consultation with affected States and fishing industry participants, promote the innovation and adoption of gear technologies in the fisheries described in the preceding sentence, in order to implement additional whale protection measures by December 31, 2028;

(2)

promulgate new regulations for the American lobster and Jonah crab fisheries consistent with the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that take effect by December 31, 2028, utilizing existing and innovative gear technologies, as appropriate; and

(3)

in consultation with affected States, submit an annual report to Congress on the status of North Atlantic Right Whales, the actions taken and plans to implement measures expected to not exceed Potential Biological Removal by December 31, 2028, the amount of serious injury and mortality by fishery and country, and the proportion of the American lobster and Jonah crab fisheries that have transitioned to innovative gear technologies that reduce harm to the North Atlantic Right Whale.

(b)

Exception.— The provisions of subsection (a) shall not apply to an existing emergency rule, or any action taken to extend or make final an emergency rule that is in place on the date of enactment of this Act, affecting lobster and Jonah crab.

TITLE II Grant Authority

SEC. 201. Conservation and Mitigation Assistance.

(a)

Assistance.—

(1)

In general.— Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere (in this title referred to as the “Under Secretary”) shall establish a program to provide competitive financial assistance, on an annual basis, and cooperative agreements including multiyear grants and direct payment, to eligible entities for eligible uses, such as projects designed to reduce the lethal and sub-lethal effects of human activities on North Atlantic right whales.

(2)

Use of existing authorities.— Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary 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.).

(3)

Cooperative agreements.— The Under Secretary may enter into cooperative agreements with the National Fish and Wildlife Foundation established by the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry out this title.

(b)

Eligible Entities.— An entity is an eligible entity for purposes of assistance awarded under subsection (a) if the entity is—

(1)

a relevant port authority for a port;

(2)

a relevant State, regional, local, or Tribal government;

(3)

any other individual or entity, as determined appropriate by the Under Secretary, including—

(A)

an owner or operator of a vessel, as defined under section 3 of title 1, United States Code; and

(B)

participants within sectors of the maritime industry, such as boating, shipping, fishing, fishing gear and rope manufacturing, and other maritime activities;

(4)

a nonprofit organization or research institution with expertise in commercial fisheries, gear innovation, and North Atlantic right whale conservation; or

(5)

a consortium of entities described in paragraphs (1) through (4).

(c)

Eligible Uses.— Assistance awarded under subsection (a) may be used to develop, assess, and carry out activities that reduce human induced threats to North Atlantic right whales, including—

(1)

funding research to identify, deploy, or test innovative gear technologies;

(2)

subsidizing acquisition of innovative gear technologies to improve adoption of those technologies by fisheries participants, which may include direct payment to fisheries participants;

(3)

training for fisheries participants to improve deployment, safety, and adoption of innovative gear technologies;

(4)

funding for monitoring necessary to support dynamic management of fisheries, vessel traffic, or other needs; and

(5)

other uses as determined by the Under Secretary in consultation with relevant eligible entities.

(d)

Priority.— In determining whether to fund project proposals under this section, the Under Secretary shall prioritize projects—

(1)

with a substantial likelihood of reducing lethal and sub-lethal effects on North Atlantic right whales from fishing gear entanglements or vessel collisions;

(2)

that include cooperation with fishing industry participants or other private sector stakeholders; and

(3)

that demonstrate, or have the potential to provide, economic benefits to small businesses based in the United States.

(e)

Prohibited Uses.—

(1)

In general.— Except as provided in paragraph (2), funds awarded under this section may not be used to distribute resources to an entity or individual that is not a United States person (as defined in section 7701(a)(3) of the Internal Revenue Code of 1986).

(2)

Exception.— Funds awarded under this section may be used to distribute resources to a partnership that includes an entity or individual that is not a United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1986) if the resources are distributed directly to a partner in the partnership that is a United States person (as so defined).

(f)

Project Reporting.—

(1)

In general.— Each individual or entity that receives assistance under this section for a project shall submit to the Under Secretary periodic reports (at such intervals as the Under Secretary may require) that include all information that the Under Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements.

(2)

Availability to the public.— Reports under paragraph (1) shall be made available to the public in a timely manner.

SEC. 202. Report to Congress.

Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Under Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the results and effectiveness of projects receiving assistance provided under this title.

SEC. 203. Funding.

(a)

Authorization of Appropriations.—

(1)

Authorization.— There is authorized to be appropriated to the Under Secretary to carry out this title $50,000,000 (of which not less than $40,000,000 shall be for innovative gear deployment and technology) for each of fiscal years 2023 through 2032.

(2)

Administrative expenses.— Of the amounts authorized to be appropriated under this subsection for a fiscal year, the Under Secretary may expend not more than 5 percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this title.

(b)

Acceptance and Use of Donations.— The Under Secretary may accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, consistent with policy of the Department of Commerce in effect on the date of enactment of this Act, to provide assistance under section 201.

TITLE III Continuous Plankton Recorder

SEC. 301. Survey.

(a)

In General.— Not later than 180 days after the date of enactment of this Act, and on an ongoing basis thereafter, the Secretary of Commerce shall conduct a Continuous Plankton Recorder survey.

(b)

Required Elements.— For the purpose of conducting the survey required under subsection (a), the Northeast Fisheries Science Center shall—

(1)

to the extent possible, utilize the resources of and partner with, on a volunteer basis, research institutions, nonprofit organizations, commercial vessels, and other Federal agencies;

(2)

in as short a time as possible, ensure relevant survey samples and results are analyzed, stored, archived, and made publicly available;

(3)

prioritize the collection of plankton samples and data that inform the conservation of North Atlantic right whales; and

(4)

to the extent practicable, coordinate with the Government of Canada to develop a transboundary understanding of plankton abundance and distribution.

(c)

Authorization of Appropriations.— To carry out this section there is authorized to be appropriated to the Secretary of Commerce $300,000 for each of fiscal years 2023 through 2032, which shall be derived from existing funds otherwise appropriated to the Secretary.

Division JJ — North Atlantic Right Whales