16 U.S.C. § 1390: Assistance to ports to reduce impacts of vessel traffic and port operations on marine mammals

Not later than 180 days after December 23, 2022 , the Under Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary, the Secretary of Defense, and the Administrator of the Maritime Administration, shall establish a grant program to provide assistance to eligible entities to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from vessel traffic, including shipping activities and port operations. reducing underwater stressors related to marine traffic; reducing mortality and serious injury from vessel strikes and other physical disturbances; monitoring sound; reducing vessel interactions with marine mammals; conducting other types of monitoring that are consistent with reducing the threats to, and enhancing the habitats of, marine mammals; or supporting State agencies and Tribal governments in developing the capacity to receive assistance under this section through education, training, information sharing, and collaboration to participate in the grant program under this section. are based on the best available science with respect to methods to reduce threats to marine mammals; collect data on the effects of such methods and the reduction of such threats; assist ports that pose a higher relative threat to marine mammals listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); are in close proximity to areas in which threatened or endangered cetaceans are known to experience other stressors; or allow eligible entities to conduct risk assessments and to track progress toward threat reduction. how to apply for assistance under subsection (a); the benefits of such assistance; and facilitation of best practices and lessons, including the best practices and lessons learned from activities carried out using such assistance. The name and location of each entity to which assistance was awarded under subsection (a) during the year preceding submission of the report. The amount of each such award. A description of the activities carried out with each such award. An estimate of the likely impact of such activities on the reduction of threats to marine mammals. a port authority for a port; a State, regional, local, or Tribal government, or an Alaska Native or Native Hawaiian entity that has jurisdiction over a maritime port authority or a port; an academic institution, research institution, or nonprofit organization working in partnership with a port; or a consortium of entities described in paragraphs (1) through (3). From funds otherwise appropriated to the Under Secretary, $10,000,000 is authorized to carry out this section for each of fiscal years 2023 through 2028. An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States. located and manned within the Puget Sound Vessel Traffic Service; and to improve coordination with the maritime industry to reduce the risk of vessel impacts on large cetaceans, including impacts from vessel strikes, disturbances, and other sources; and to monitor the presence and location of large cetaceans during the months during which such large cetaceans are present in Puget Sound, the Strait of Juan de Fuca, and the United States portion of the Salish Sea. be for a duration of 6 years; and require not more than 1 full-time equivalent position, who shall also contribute to other necessary Puget Sound Vessel Traffic Service duties and responsibilities as needed; and may be supported by other existing Federal employees, as appropriate. In carrying out the pilot program required under subsection (a), the Secretary shall require personnel of the Cetacean Desk to engage with vessel operators in areas where large cetaceans have been seen or could reasonably be present to ensure compliance with applicable laws, regulations, and voluntary guidance, to reduce the impact of vessel traffic on large cetaceans. In engaging with vessel operators as required under paragraph (1), personnel of the Cetacean Desk shall communicate where and when sightings of large cetaceans have occurred. The Secretary and the Under Secretary may enter into a memorandum of understanding to facilitate real-time sharing of data relating to large cetaceans between the Quiet Sound program of the State of Washington, the National Oceanic and Atmospheric Administration, the Puget Sound Vessel Traffic Service, and other relevant entities, as appropriate. The Under Secretary shall leverage existing data collection methods, the program required by section 11303 [ 16 U.S.C. 1391 ], and public data to ensure accurate and timely information on the sighting of large cetaceans. In carrying out the pilot program required under subsection (a), the Secretary shall consult with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations. When appropriate, the Secretary shall coordinate with the Government of Canada, consistent with policies and agreements relating to management of vessel traffic in Puget Sound. shall implement local variances, as authorized by subsection (c) of section 70001 of title 46 , United States Code, to reduce the impact of vessel traffic on large cetaceans; and communicating marine mammal protection guidance to vessels; vessel buffer zones; vessel speed; seasonal no-go zones for vessels; protected areas, including areas designated as critical habitat, as applicable to marine operations; and any other activities to reduce the direct and indirect impact of vessel traffic on large cetaceans; training to understand, utilize, and communicate large cetacean location data; and cues of the presence of large cetaceans such as spouts, water disturbances, breaches, or presence of prey; important feeding, breeding, calving, and rearing habitats that co-occur with areas of high risk of vessel strikes; seasonal large cetacean migration routes that co-occur with areas of high risk of vessel strikes; and areas designated as critical habitat for large cetaceans. evaluates the functionality, utility, reliability, responsiveness, and operational status of the Cetacean Desk established under this section, including a quantification of reductions in vessel strikes to large cetaceans as a result of the pilot program; assesses the efficacy of communication between the Cetacean Desk and the maritime industry and provides recommendations for improvements; evaluates the integration and interoperability of existing data collection methods, as well as public data, into the Cetacean Desk operations; assesses the efficacy of collaboration and stakeholder engagement with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations; and evaluates the progress, performance, and implementation of guidance and training procedures for Puget Sound Vessel Traffic Service personnel, as required under subsection (f).” the Committee on Commerce, Science, and Transportation of the Senate; and the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives. with biological and physical oceanographic features that aggregate Calanus finmarchicus ; and where North Atlantic right whales foraging aggregations have been well documented. The term ‘exclusive economic zone’ has the meaning given that term in section 107 of title 46 , United States Code. The term ‘institution of higher education’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). the suborder Mysticeti; the genera Physeter ; or the genera Orcinus . The term ‘near real-time’, with respect to monitoring of whales, means that visual, acoustic, or other detections of whales are processed, transmitted, and reported as close to the time of detection as is technically feasible. The term ‘nonprofit organization’ means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 [ 26 U.S.C. 501(c) ] and exempt from tax under section 501(a) of such Code [ 26 U.S.C. 501(a) ]. The term ‘Puget Sound region’ means the Vessel Traffic Service Puget Sound area described in section 161.55 of title 33, Code of Federal Regulations (as of the date of enactment of this Act [ Dec. 23, 2022 ]). The term ‘Tribal government’ means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). The term ‘Under Secretary’ means the Under Secretary of Commerce for Oceans and Atmosphere.”