[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3038 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 3038
To assist in the conservation of the North Atlantic right whale by
supporting and providing financial resources for North Atlantic right
whale conservation programs and projects of persons with expertise
required for the conservation of North Atlantic right whales.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2018
Mr. Booker (for himself, Mr. Carper, Mr. Nelson, Mr. Menendez, and Mrs.
Gillibrand) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To assist in the conservation of the North Atlantic right whale by
supporting and providing financial resources for North Atlantic right
whale conservation programs and projects of persons with expertise
required for the conservation of North Atlantic right whales.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scientific Assistance for Very
Endangered North Atlantic Right Whales Act of 2018'' or the ``SAVE
Right Whales Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) North Atlantic right whales (Eubalaena glacialis) are
critically endangered, with fewer than 450 whales remaining;
(2) historically, the North Atlantic right whale population
was decimated by the whaling industry;
(3) despite protection from whaling beginning in the 1930s,
the North Atlantic right whale is one of the most endangered
whales in the world and has experienced a significant decline
since 2010;
(4) the North Atlantic right whale has been listed as an
endangered species under the Endangered Species Conservation
Act of 1969 (Public Law 89-669; 80 Stat. 926) and its successor
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
since 1970 and is designated as depleted under the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
(5) because North Atlantic right whales are long-lived and
highly migratory, and at present rates females give birth to
only a single calf once every 4 to 10 years, they are highly
vulnerable to the impacts of human activity and habitat
degradation;
(6) North Atlantic right whales frequently cross paths with
major shipping lanes and fishing grounds, leaving the whales
particularly vulnerable to vessel collisions and fishing gear
entanglements, the 2 leading causes of injury and death to the
species;
(7) even when North Atlantic right whales do not die as a
result of fishing gear entanglement, those whales can still
experience significant sub-lethal effects such as chronic
stress and reproductive failure;
(8) in August 2017, the National Marine Fisheries Service
announced an Unusual Mortality Event involving North Atlantic
right whales in 2017, with 17 known whale deaths that year
alone;
(9) an Unusual Mortality Event involves a significant die-
off of a population and, according to the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.), demands an
immediate response;
(10) no North Atlantic right whale calves were observed
during the 2017-2018 calving season off the southeastern coast
of the United States;
(11) based on the current rate of mortality of North
Atlantic right whales, and because of the small number of
breeding females in the population and low birth rates, recent
analysis suggests the species will lose its ability to recover
in less than 20 years if human-caused mortality is not reduced
immediately;
(12) under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), United States fishermen in certain
locations have been required to modify their fishing gear and
behavior to minimize the likelihood of entanglements, including
by using sinking groundlines, having weak links in buoy lines,
using multiple traps per buoy, appropriately marking fishing
gear, and complying with area closures during North Atlantic
right whale migrations;
(13) vessels that are 65 feet or longer have been required
to comply with a 10-knot speed limit in certain locations
during North Atlantic right whale migrations to reduce the
threat of vessel collisions; and
(14) North Atlantic right whales are migrating farther
north into Canadian waters and in 2017 there were at least 12
North Atlantic right whale deaths in Canada's Gulf of St.
Lawrence, in addition to the 6 documented deaths in United
States waters in 2017 and 2018.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the governments of the United States and Canada must
work together to reduce lethal and sub-lethal effects of human
activities on North Atlantic right whales; and
(2) effectively addressing the threats to the long-term
viability of populations of North Atlantic right whales will
require a joint commitment and effort from government entities,
local communities, marine scientists and conservationists,
fishermen, owners and operators of passenger vessels and others
in the shipping industry, and other stakeholders.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To rebuild healthy populations of the North Atlantic
right whale.
(2) To assist in the conservation and protection of North
Atlantic right whales by supporting North Atlantic right whale
conservation programs that minimize conflicts between North
Atlantic right whales and human activities.
(3) To provide financial resources for those programs.
SEC. 4. NORTH ATLANTIC RIGHT WHALE CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--Subject to the availability of funds and
in consultation with other Federal officials, the Secretary of
Commerce (in this Act referred to as the ``Secretary'') shall
provide competitive financial assistance, including multiyear
grants, for projects for the conservation of North Atlantic
right whales for which project proposals are approved by the
Secretary in accordance with this section.
(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.).
(b) Project Proposals.--
(1) Eligible applicants.--A project proposal may be
submitted to the Secretary under this section by--
(A) relevant State and tribal agencies, research
institutions, and nonprofit organizations with
expertise required for the conservation of North
Atlantic right whales; and
(B) any other individual or entity, as determined
appropriate by the Secretary, with the expertise
required for the conservation of North Atlantic right
whales, including large whale disentanglement teams
approved by the National Oceanic and Atmospheric
Administration and members in good standing of the
National Marine Mammal Health and Stranding Response
Program, sectors of the shipping and fishing
industries, fishing gear manufacturers, and rope
manufacturers.
(2) Federal partnership opportunities.--A Federal agency
may not be a lead entity or receive funding for a project under
this section, but may be included as a partner or collaborator
on a project that receives such funding.
(3) Required elements.--A project proposal shall include--
(A) a statement of the purposes of the project;
(B) the name of the entity or individual with
overall responsibility for the project;
(C) a description of the qualifications of the
entity or individuals that will conduct the project;
(D) a description of--
(i) methods for project implementation and
outcome assessment;
(ii) staffing and stakeholder engagement
for the project;
(iii) the logistics of the project;
(iv) an estimated timeline for the project;
and
(v) anticipated outcomes of the project;
(E) a proposed budget for the funds and time
required to complete the project;
(F) information regarding the source and amount of
matching funding available for the project;
(G) information that demonstrates the clear
potential of the project to contribute to the
conservation of North Atlantic right whales; and
(H) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(c) Annual Grant Project Proposal Solicitation, Review, and
Approval.--
(1) In general.--The Secretary shall annually--
(A) solicit project proposals for grants under this
section;
(B) provide to other Federal officials, as
appropriate, copies of each proposal submitted in
response to the solicitation; and
(C) review each such proposal on a timeline that
recognizes the urgency of the declining North Atlantic
right whale population to determine whether the
proposal meets the criteria specified in subsection
(d).
(2) Consultation; approval or disapproval.--Subject to the
availability of funds, the Secretary shall, with respect to
each project proposal submitted under this section, and after
consulting with other Federal officials, as appropriate--
(A) consult with respect to the proposal with the
government of each State and foreign country in which
the project is to be conducted;
(B) after taking into consideration any comments
resulting from the consultation and any potential
losses that could be incurred to the fishing industry
as a result of the proposal, approve or disapprove the
proposal; and
(C) provide written notification of the approval or
disapproval to the individual or entity that submitted
the proposal, other Federal officials, and each State
and foreign country described in subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project shows promise for
contributing to recovering and sustaining a viable population of North
Atlantic right whales in the wild by assisting efforts to--
(1) implement conservation programs;
(2) address the unintentional conflicts between humans and
North Atlantic right whales through development, testing, and
use of innovative technology or other methods to reduce the
lethal and sub-lethal effects on North Atlantic right whales
from vessel collisions and fishing gear entanglements;
(3) promote cooperative projects on such topics with
foreign governments; or
(4) promote cooperative projects on such topics with
affected local communities, small businesses such as fishermen,
others in the private sector, or nongovernmental organizations.
(e) Priority.--To the extent practicable, in determining whether to
approve project proposals under this section, the Secretary shall
prioritize projects that are designed to reduce the lethal and sub-
lethal effects of human activities on North Atlantic right whales. In
prioritizing such projects, the Secretary shall prioritize, among such
projects, projects that are cooperative in nature and include fishing
or shipping sector participants.
(f) Matching Requirement.--
(1) In general.--Except as provided in paragraph (3), the
non-Federal share of the costs of an activity conducted with
financial assistance under this section shall be 25 percent of
such costs.
(2) In-kind contributions.--The Secretary may apply to the
non-Federal share of an activity conducted with financial
assistance under this section the amount of funds, and the fair
market value of property and services, provided by non-Federal
sources and used for the activity.
(3) Waiver of requirements.--The Secretary may waive the
application of paragraph (1) if the Secretary finds that such
waiver is necessary to support a conservation project that the
Secretary has identified as of high priority.
(g) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to the
Secretary periodic reports (at such intervals as the Secretary
may require) that include all information that the 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), and any other documents relating to projects for which
financial assistance is provided under this Act, shall be made
available to the public in a timely manner.
SEC. 5. NORTH ATLANTIC RIGHT WHALE INTERAGENCY BUDGET.
(a) In General.--The Director of the Office of Management and
Budget shall include, in the budget of the President submitted to
Congress under section 1105(a) of title 31, United States Code, for
fiscal year 2020 and each fiscal year thereafter, an interagency budget
that displays for each Federal agency that engages in North Atlantic
right whale activities--
(1) the amount of appropriations and expenditures for the
preceding fiscal year for such activities and a description of
such activities;
(2) the estimated amount to be expended during the current
fiscal year for such activities and a description of such
activities; and
(3) the amount estimated to be necessary for the next
fiscal year for such activities and a description of such
activities.
(b) North Atlantic Right Whale Activities Defined.--In this
section, the term ``North Atlantic right whale activities'' means any
activity of a Federal agency to study, observe, monitor, manage,
protect, conserve, or restore the North Atlantic right whale population
through direct or indirect means, including through the provision of
competitive financial assistance to non-Federal entities.
SEC. 6. REPORT TO CONGRESS.
Not later than 2 years after the date of the enactment of this Act,
and annually thereafter, the Secretary shall submit to Congress a
report on the results and effectiveness of projects receiving
assistance provided under this Act, including recommendations
concerning how this Act might be improved and whether funding for this
Act should be continued in the future.
SEC. 7. FUNDING.
(a) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to the Secretary to carry out this Act $5,000,000 for each of
fiscal years 2018 through 2028.
(2) Administrative expenses.--Of the amounts authorized to
be appropriated under this subsection for a fiscal year, the
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 Act.
(3) Supplement not supplant.--The amount authorized to be
appropriated by paragraph (1) shall supplement and not supplant
other amounts available to the Secretary.
(b) Acceptance and Use of Donations.--The Secretary may accept,
receive, solicit, hold, administer, and use any gift, devise, or
bequest to provide assistance under section 5.
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