,,ii #aagth ,,congress #b;d ,session ,s4 #cffd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #af1 #bjbb,mr4 ,booker 7for himself1 ,mr4 ,carper1 ,mr4 ,blumenthal1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 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 whales1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,right ,whale ,coexistence ,act of #bjbb4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds that-- 7#a7 ,north ,atlantic right whales 7,eubalaena glacialis7 are critically endangered1 with fewer than #cdj remaining at the time of the introduction of this ,act2 7#b7 historically1 the ,north ,atlantic right whale population was decimated by the whaling industry1 although the whale population received protections from such industry in the #aicjs2 7#c7 despite a modest recovery prior to #bjaj1 the ,north ,atlantic right whale is one of the most endangered whales in the world and has experienced a significant decline since #bjaj2 7#d7 the ,north ,atlantic right whale has been listed as an endangered species under the ,endangered ,species ,conservation ,act of #aifi 7,public ,law #hi-ffi2 #hj ,stat4 #ibf7 and its successor the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 since #aigj and is designated as depleted under the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq472 7#e7 because ,north ,atlantic right whales are long-lived and highly migratory1 and at present rates females give birth to a single calf only once every #e to #aj years1 they are highly vulnerable to the impacts of human activity and habitat degradation1 with female whales and calves particularly vulnerable to vessel strikes2 7#f7 ,north ,atlantic right whales frequently cross paths with high vessel traffic areas and fishing grounds1 leaving the whales particularly vulnerable to vessel collisions and fishing gear entanglements1 the leading causes of injury and death to the species2 7#g7 even when ,north ,atlantic right whales do not die as a result of fishing gear entanglement or vessel strike1 those whales can still experience significant sub-lethal effects such as chronic stress and reproductive failure2 7#h7 this ongoing decline due to human impacts resulted in a further #cj percent decline in the population between #bjai and #bjbj resulting in the lowest population estimate in the past #b decades2 7#i7 based on the current rate of mortality of ,north ,atlantic right whales1 and because of the small number of breeding females in the population and low birth rates1 recent analysis suggests the species will lose its ability to recover in merely a few decades if human-caused mortality is not reduced immediately2 7#aj7 under the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq471 ,united ,states fishermen in certain locations have been required to modify their fishing gear and behavior to minimize the likelihood of entanglements1 including by using sinking groundlines1 having weak links in buoy lines1 using multiple traps per buoy1 appropriately marking fishing gear1 and complying with seasonal area-specific closures in ,north ,atlantic right whale habitats2 7#aa7 vessels in ,united ,states waters that are #fe feet or more in length have been required to comply with a seasonal #aj-knot speed limit in certain locations to reduce the threat of vessel collisions2 and 7#ab7 ongoing mortalities1 driven in part by shifts in ,north ,atlantic right whale distribution caused by climate change1 indicate that additional actions are necessary to reverse this species' population decline4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 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 whales2 and 7#b7 effectively addressing the threats to the long-term viability of the ,north ,atlantic right whales will require a joint commitment and effort from government entities1 local communities1 marine scientists and conservationists1 fishermen1 owners and operators of commercial and recreational vessels and others in the boating and shipping industries1 and other stakeholders4 #c4 ,purposes ,the purposes of this ,act are the following3 7#a7 ,to rebuild healthy populations of the ,north ,atlantic right whale4 7#b7 ,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 activities4 ,i ,north ,atlantic ,right ,whale ,conservation #aja4 ,north ,atlantic right whale conservation assistance 7a7 ,assistance 7#a7 ,in general ,subject to the availability of funds and in consultation with other ,federal officials1 the ,secretary of ,commerce 7in this title referred to as the ,secretary7 shall provide competitive financial assistance1 including multiyear grants1 for projects designed to reduce the lethal and sub-lethal effects of human activities on ,north ,atlantic right whales for which project proposals are approved by the ,secretary in accordance with this section4 7#b7 ,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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 and the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq474 7b7 ,project proposals 7#a7 ,eligible applicants ,a project proposal may be submitted to the ,secretary under this section by-- 7,a7 relevant ,state and tribal agencies1 research institutions1 and nonprofit organizations with expertise required for the conservation of ,north ,atlantic right whales2 and 7,b7 any other individual or entity1 as determined appropriate by the ,secretary1 with the expertise required for the conservation of ,north ,atlantic right whales1 including-- 7i7 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 ,program2 7ii7 an owner or operator of a vessel1 as defined under section #c of title #a1 ,united ,states ,code2 and 7iii7 participants within sectors of the maritime industry1 such as boating1 shipping1 fishing1 fishing gear and rope manufacturing1 and other maritime activities4 7#b7 ,federal partnership opportunities ,a ,federal agency may not be a lead entity or receive funding for a project under this section1 but may be included as a partner or collaborator on a project that receives such funding4 7c7 ,annual grant project proposal solicitation1 review1 and approval 7#a7 ,in general ,the ,secretary shall annually-- 7,a7 solicit project proposals for grants under this section2 7,b7 provide to other ,federal officials1 as appropriate1 copies of each proposal submitted in response to the solicitation2 and 7,c7 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 7d74 7#b7 ,consultation2 approval or disapproval ,subject to the availability of funds1 the ,secretary shall1 with respect to each project proposal submitted under this section1 and after consulting with other ,federal officials1 as appropriate-- 7,a7 consult1 with respect to the proposal1 with the government of each ,state and foreign country in which the project is to be conducted2 7,b7 take into consideration any comments resulting from the consultation and input from fishing and other stakeholders on the potential impacts as a result of the proposal2 and 7,c7 approve or disapprove the proposal in accordance with subsections 7d7 and 7e7 and provide written notification of the approval or disapproval to the individual or entity that submitted the proposal1 other ,federal officials1 and each ,state and foreign country described in subparagraph 7,a74 7d7 ,criteria for approval ,the ,secretary may approve a project proposal under this section that is likely to aid in the recovery and sustainability of a viable population of ,north ,atlantic right whales in the wild4 ,such projects shall-- 7#a7 address the unintentional conflicts between humans and ,north ,atlantic right whales through development1 testing1 and use of innovative technology or other methods to reduce the lethal and sub-lethal effects on ,north ,atlantic right whales from fishing gear entanglements and vessel collisions2 and 7#b7 7,a7 promote cooperative projects on such topics with foreign governments2 or 7,b7 promote cooperative projects on such topics with affected local communities1 small businesses such as fishermen1 others in the maritime private sector1 or nongovernmental organizations4 7e7 ,priority ,in determining whether to fund project proposals under this section1 the ,secretary shall prioritize projects-- 7#a7 with a substantial likelihood of reducing lethal and sub-lethal effects on ,north ,atlantic right whales from fishing gear entanglements or vessel collisions2 7#b7 that include cooperation with private sector stakeholders2 and 7#c7 that demonstrate1 or have the potential to provide1 economic benefits to small businesses based in the ,united ,states4 7f7 ,matching requirement 7#a7 ,in general ,except as provided in paragraph 7#c71 the non-,federal share of the costs of an activity conducted with financial assistance under this section shall be #be percent of such costs4 7#b7 ,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 funds1 and the fair market value of property and services1 provided by non-,federal sources and used for the activity4 7#c7 ,waiver of requirements ,the ,secretary may waive the application of paragraph 7#a7 if the ,secretary finds that such waiver is necessary to support a conservation project that the ,secretary has identified as of high priority4 7g7 ,project reporting 7#a7 ,in general ,each individual or entity that receives assistance under this section for a project shall submit to the ,secretary periodic reports 7at such intervals as the ,secretary may require7 that include all information that the ,secretary1 after consultation with other government officials1 determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results1 assessing problems1 and fostering improvements4 7#b7 ,availability to the public ,reports under paragraph 7#a71 and any other documents relating to projects for which financial assistance is provided under this ,act1 shall be made available to the public in a timely manner4 #ajb4 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 and every #e years thereafter1 the ,secretary shall submit to ,congress a report on the results and effectiveness of projects receiving assistance provided under this title1 including recommendations concerning how this title might be improved and whether funding for this title should be continued in the future4 #ajc4 ,funding 7a7 ,authorization of appropriations 7#a7 ,authorization ,there is authorized to be appropriated to the ,secretary to carry out this title #ae1jjj1jjj for each of fiscal years #bjbb through #bjcb4 7#b7 ,administrative expenses ,of the amounts authorized to be appropriated under this subsection for a fiscal year1 the ,secretary may expend not more than #e percent1 or up to #hj1jjj1 whichever is greater1 to pay the administrative expenses necessary to carry out this ,act4 7#c7 ,supplement not supplant ,the amount authorized to be appropriated by paragraph 7#a7 shall supplement and not supplant other amounts available to the ,secretary4 7b7 ,acceptance and use of donations ,the ,secretary may accept1 receive1 solicit1 hold1 administer1 and use any gift1 devise1 or bequest to provide assistance under section #aja4 ,,ii ,continuous ,plankton ,recorder #bja4 ,survey 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and on an ongoing basis thereafter1 the ,secretary of ,commerce shall conduct a ,continuous ,plankton ,recorder survey4 7b7 ,required elements ,for the purpose of conducting the survey required under subsection 7a71 the ,northeast ,fisheries ,science ,center shall-- 7#a7 to the extent possible1 utilize the resources of and partner with1 on a volunteer basis1 research institutions1 nonprofit organizations1 commercial vessels1 and other ,federal agencies2 7#b7 in as short a time as possible1 ensure relevant survey samples and results are analyzed1 stored1 archived1 and made publicly available2 7#c7 prioritize the collection of plankton samples and data that inform the conservation of ,north ,atlantic right whales2 and 7#d7 to the extent practicable1 coordinate with the ,government of ,canada to develop a transboundary understanding of plankton abundance and distribution4 7c7 ,authorization of ,appropriations ,to carry out this section there is authorized to be appropriated to the ,secretary of ,commerce #cjj1jjj for each of fiscal years #bjbb through #bjcb4