16 USC 1391 - Near real-time monitoring and mitigation program for large cetaceans

U.S Code last checked for updates: Nov 22, 2024

§ 1391.

Near real-time monitoring and mitigation program for large cetaceans

(a)

Establishment

(b)

Purpose

(c)

Requirements

The Program shall—

(1)

prioritize species of large cetaceans for which impacts from vessel collisions are of particular concern;

(2)

prioritize areas where such impacts are of particular concern;

(3)

be capable of detecting and alerting ocean users and enforcement agencies of the probable location of large cetaceans on an actionable real-time basis, including through real-time data whenever possible;

(4)

inform sector-specific mitigation protocols to effectively reduce takes (as defined in section 216.3 of title 50, Code of Federal Regulations, or successor regulations) of large cetaceans;

(5)

integrate technology improvements; and

(6)

be informed by technologies, monitoring methods, and mitigation protocols developed under the pilot project required under subsection (d).

(d)

Pilot project

(1)

Establishment

(2)

Requirements

In designing and deploying the pilot project, the Under Secretary, in coordination with the heads of other relevant Federal agencies, shall, using the best available scientific information, identify and ensure coverage of—

(A)

core foraging habitats; and

(B)

important feeding, breeding, calving, rearing, or migratory habitats of North Atlantic right whales that co-occur with areas of high risk of mortality or serious injury of such whales from vessels, vessel strikes, or disturbance.

(3)

Components

Not later than 3 years after December 23, 2022, the Under Secretary, in consultation with relevant Federal agencies and Tribal governments, and with input from affected stakeholders, shall design and deploy a near real-time monitoring system for North Atlantic right whales that—

(A)

comprises the best available detection power, spatial coverage, and survey effort to detect and localize North Atlantic right whales within habitats described in paragraph (2);

(B)

is capable of detecting North Atlantic right whales, including visually and acoustically;

(C)

uses dynamic habitat suitability models to inform the likelihood of North Atlantic right whale occurrence habitats described in paragraph (2) at any given time;

(D)

coordinates with the Integrated Ocean Observing System of the National Oceanic and Atmospheric Administration and Regional Ocean Partnerships to leverage monitoring assets;

(E)

integrates historical data;

(F)

integrates new near real-time monitoring methods and technologies as such methods and technologies become available;

(G)

accurately verifies and rapidly communicates detection data to appropriate ocean users;

(H)

creates standards for contributing, and allows ocean users to contribute, data to the monitoring system using comparable near real-time monitoring methods and technologies;

(I)

communicates the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision-making regarding the mitigation of those risks; and

(J)

minimizes additional stressors to large cetaceans as a result of the information available to ocean users.

(4)

Reports

(A)

Preliminary report

(i)

In general

(ii)

Elements

The report required under clause (i) shall include the following:

(I)

A description of the monitoring methods and technology in use or planned for deployment under the pilot project.

(II)

An analysis of the efficacy of the methods and technology in use or planned for deployment for detecting North Atlantic right whales.

(III)

An assessment of the manner in which the monitoring system designed and deployed under this subsection is directly informing and improving the management, health, and survival of North Atlantic right whales.

(IV)

A prioritized identification of technology or research gaps.

(V)

A plan to communicate the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision making regarding the mitigation of such risks.

(VI)

Any other information on the potential benefits and efficacy of the pilot project the Under Secretary considers appropriate.

(B)

Final report

(i)

In general

(ii)

Elements

The report required under clause (i) shall—

(I)

address the preliminary report required under subparagraph (A); and

(II)

include—

(aa)

an assessment of the benefits and efficacy of the pilot project;

(bb)

a strategic plan to expand the pilot project to provide near real-time monitoring and mitigation measures—

(AA)

to additional large cetaceans of concern for which such measures would reduce risk of serious injury or death; and

(BB)

in important feeding, breeding, calving, rearing, or migratory habitats of large cetaceans that co-occur with areas of high risk of mortality or serious injury from vessel strikes or disturbance;

(cc)

a budget and description of funds necessary to carry out such plan;

(dd)

a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies; and

(ee)

the locations or species to which such plan would apply.

(e)

Mitigation protocols

(f)

Access to data

(g)

Additional authority

(h)

Savings clause

(i)

Funding

(Pub. L. 117–263, div. K, title CXIII, § 11303, Dec. 23, 2022, 136 Stat. 4072.)

cite as: 16 USC 1391