§1390. Assistance to ports to reduce impacts of vessel traffic and port operations on marine mammals
(a) In general
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.
(b) Eligible uses
Assistance provided under subsection (a) may be used to develop, assess, and carry out activities that reduce threats to marine mammals by-
(1) reducing underwater stressors related to marine traffic;
(2) reducing mortality and serious injury from vessel strikes and other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are consistent with reducing the threats to, and enhancing the habitats of, marine mammals; or
(6) 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.
(c) Priority
The Under Secretary shall prioritize providing assistance under subsection (a) for projects that-
(1) are based on the best available science with respect to methods to reduce threats to marine mammals;
(2) collect data on the effects of such methods and the reduction of such threats;
(3) 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.);
(4) are in close proximity to areas in which threatened or endangered cetaceans are known to experience other stressors; or
(5) allow eligible entities to conduct risk assessments and to track progress toward threat reduction.
(d) Outreach
The Under Secretary, in coordination with the Secretary, the Administrator of the Maritime Administration, and the Director of the United States Fish and Wildlife Service, as appropriate, shall conduct coordinated outreach to ports to provide information with respect to-
(1) how to apply for assistance under subsection (a);
(2) the benefits of such assistance; and
(3) facilitation of best practices and lessons, including the best practices and lessons learned from activities carried out using such assistance.
(e) Report required
Not less frequently than annually, the Under Secretary shall make available to the public on a publicly accessible website of the National Oceanic and Atmospheric Administration a report that includes the following information:
(1) The name and location of each entity to which assistance was awarded under subsection (a) during the year preceding submission of the report.
(2) The amount of each such award.
(3) A description of the activities carried out with each such award.
(4) An estimate of the likely impact of such activities on the reduction of threats to marine mammals.
(f) Definition of eligible entity
In this section, the term "eligible entity" means-
(1) a port authority for a port;
(2) 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;
(3) an academic institution, research institution, or nonprofit organization working in partnership with a port; or
(4) a consortium of entities described in paragraphs (1) through (3).
(g) Funding
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.
(h) Savings clause
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.
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Editorial Notes
References in Text
The Endangered Species Act of 1973, referred to in subsec. (c)(3), is
Codification
Section was enacted as part of the Don Young Coast Guard Authorization Act of 2022 and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Marine Mammal Protection Act of 1972 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Pilot Program To Establish a Cetacean Desk for Puget Sound Region
"(a)
"(1)
"(A) located and manned within the Puget Sound Vessel Traffic Service; and
"(B) designed-
"(i) 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
"(ii) 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.
"(2)
"(A) shall-
"(i) be for a duration of 4 years; and
"(ii) 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
"(B) may be supported by other existing Federal employees, as appropriate.
"(b)
"(1)
"(2)
"(c)
"(d)
"(e)
"(1)
"(2)
"(f)
"(1) 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
"(2) may enter into cooperative agreements, in accordance with subsection (d) of such section, with Federal, State, Tribal, and local officials to reduce the likelihood of vessel interactions with protected large cetaceans, which may include-
"(A) communicating marine mammal protection guidance to vessels;
"(B) training on requirements imposed by local, State, Tribal, and Federal laws and regulations and guidelines concerning-
"(i) vessel buffer zones;
"(ii) vessel speed;
"(iii) seasonal no-go zones for vessels;
"(iv) protected areas, including areas designated as critical habitat, as applicable to marine operations; and
"(v) any other activities to reduce the direct and indirect impact of vessel traffic on large cetaceans;
"(C) training to understand, utilize, and communicate large cetacean location data; and
"(D) training to understand and communicate basic large cetacean detection, identification, and behavior, including-
"(i) cues of the presence of large cetaceans such as spouts, water disturbances, breaches, or presence of prey;
"(ii) important feeding, breeding, calving, and rearing habitats that co-occur with areas of high risk of vessel strikes;
"(iii) seasonal large cetacean migration routes that co-occur with areas of high risk of vessel strikes; and
"(iv) areas designated as critical habitat for large cetaceans.
"(g)
"(1) 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;
"(2) assesses the efficacy of communication between the Cetacean Desk and the maritime industry and provides recommendations for improvements;
"(3) evaluates the integration and interoperability of existing data collection methods, as well as public data, into the Cetacean Desk operations;
"(4) 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
"(5) evaluates the progress, performance, and implementation of guidance and training procedures for Puget Sound Vessel Traffic Service personnel, as required under subsection (f)."
[For definition of "Secretary" as used in section 11304 of
[For definitions of terms as used in section 11304 of
Definitions
For definition of "Secretary" as used in this section, see section 11002 of div. K of
"(1)
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives.
"(2)
"(A) with biological and physical oceanographic features that aggregate Calanus finmarchicus; and
"(B) where North Atlantic right whales foraging aggregations have been well documented.
"(3)
"(4)
"(5)
"(A) the suborder Mysticeti;
"(B) the genera Physeter; or
"(C) the genera Orcinus.
"(6)
"(7)
"(8)
"(9)
"(10)