§1393 Conservation and Mitigation Assistance

Summary

Within 180 days after December 29, 2022, the Secretary of Commerce, through the Under Secretary for Oceans and Atmosphere, must set up a yearly program to give competitive financial help, cooperative agreements, multiyear grants, and direct payments to support projects that cut deaths and injuries to North Atlantic right whales from people’s activities. The Under Secretary can work with the National Fish and Wildlife Foundation to run the program. Help must follow the rules in the Endangered Species Act of 1973 and the Marine Mammal Protection Act of 1972. Eligible groups include a relevant port authority; State, regional, local, or Tribal governments; other approved individuals or entities (for example vessel owners/operators and people in maritime industries); nonprofits and research institutions with the right expertise; and consortia of these groups. Funds may be used for things like testing and buying new gear, training fishers, monitoring for dynamic management, and other uses the Under Secretary agrees to with partners. Projects that are likely to reduce whale deaths or injuries, that work with the fishing industry or other private groups, and that can help U.S. small businesses will get priority. Money generally cannot go to non‑United States persons (as defined in section 7701(a)(3) of title 26), except a partnership may include a non‑U.S. person if the funds go directly to a U.S. partner. Recipients must send periodic reports to the Under Secretary, and those reports must be made public in a timely way.