16 USC 1393 - Conservation and mitigation assistance

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

§ 1393.

Conservation and mitigation assistance

(a)

Assistance

(1)

In general

(2)

Use of existing authorities

(3)

Cooperative agreements

(b)

Eligible entities

An entity is an eligible entity for purposes of assistance awarded under subsection (a) if the entity is—

(1)

a relevant port authority for a port;

(2)

a relevant State, regional, local, or Tribal government;

(3)

any other individual or entity, as determined appropriate by the Under Secretary, including—

(A)

an owner or operator of a vessel, as defined under section 3 of title 1; and

(B)

participants within sectors of the maritime industry, such as boating, shipping, fishing, fishing gear and rope manufacturing, and other maritime activities;

(4)

a nonprofit organization or research institution with expertise in commercial fisheries, gear innovation, and North Atlantic right whale conservation; or

(5)

a consortium of entities described in paragraphs (1) through (4).

(c)

Eligible uses

Assistance awarded under subsection (a) may be used to develop, assess, and carry out activities that reduce human induced threats to North Atlantic right whales, including—

(1)

funding research to identify, deploy, or test innovative gear technologies;

(2)

subsidizing acquisition of innovative gear technologies to improve adoption of those technologies by fisheries participants, which may include direct payment to fisheries participants;

(3)

training for fisheries participants to improve deployment, safety, and adoption of innovative gear technologies;

(4)

funding for monitoring necessary to support dynamic management of fisheries, vessel traffic, or other needs; and

(5)

other uses as determined by the Under Secretary in consultation with relevant eligible entities.

(d)

Priority

In determining whether to fund project proposals under this section, the Under Secretary shall prioritize projects—

(1)

with a substantial likelihood of reducing lethal and sub-lethal effects on North Atlantic right whales from fishing gear entanglements or vessel collisions;

(2)

that include cooperation with fishing industry participants or other private sector stakeholders; and

(3)

that demonstrate, or have the potential to provide, economic benefits to small businesses based in the United States.

(e)

Prohibited uses

(1)

In general

(2)

Exception

(f)

Project reporting

(1)

In general

(2)

Availability to the public

(Pub. L. 117–328, div. JJ, title II, § 201, Dec. 29, 2022, 136 Stat. 6090.)

cite as: 16 USC 1393