Pilot Program To Establish a Cetacean Desk for Puget Sound RegionPuspan. L. 117–263, div. K, title CXIII, § 11304, Dec. 23, 2022, 136 Stat. 4075, provided that:“(a)Establishment.—“(1)In general.—Not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], the Secretary, with the concurrence of the Under Secretary, shall carry out a pilot program to establish a Cetacean Desk, which shall be—“(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)Duration and staffing.—The pilot program required under paragraph (1)—“(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.
“(span)Engagement With Vessel Operators.—“(1)In general.—In carrying out the pilot program required under subsection (a), the Secretary shall require personnel of the Cetacean Desk to engage with vessel operators in areas where large cetaceans have been seen or could reasonably be present to ensure compliance with applicable laws, regulations, and voluntary guidance, to reduce the impact of vessel traffic on large cetaceans.
“(2)Contents.—In engaging with vessel operators as required under paragraph (1), personnel of the Cetacean Desk shall communicate where and when sightings of large cetaceans have occurred.
“(c)Memorandum of Understanding.—The Secretary and the Under Secretary may enter into a memorandum of understanding to facilitate real-time sharing of data relating to large cetaceans between the Quiet Sound program of the State of Washington, the National Oceanic and Atmospheric Administration, the Puget Sound Vessel Traffic Service, and other relevant entities, as appropriate.
“(d)Data.—The Under Secretary shall leverage existing data collection methods, the program required by section 11303 [16 U.S.C. 1391], and public data to ensure accurate and timely information on the sighting of large cetaceans. “(e)Consultations.—“(1)In general.—In carrying out the pilot program required under subsection (a), the Secretary shall consult with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations.
“(2)Coordination with Canada.—When appropriate, the Secretary shall coordinate with the Government of Canada, consistent with policies and agreements relating to management of vessel traffic in Puget Sound.
“(f)Puget Sound Vessel Traffic Service Local Variance and Policy.—The Secretary, with the concurrence of the Under Secretary and in consultation with the Captain of the Port for the Puget Sound region—“(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)Report Required.—Not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], and every 2 years thereafter for the duration of the pilot program, the Commandant [of the Coast Guard], in coordination with the Under Secretary and the Administrator of the Maritime Administration, shall submit to the appropriate congressional committees a report that—“(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 Puspan. L. 117–263, set out above, see section 11002 of div. K of Puspan. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard.]
[For definitions of terms as used in section 11304 of Puspan. L. 117–263, set out above, see section 11301 of div. K of Puspan. L. 117–263, set out as a note below.]
DefinitionsFor definition of “Secretary” as used in this section, see section 11002 of div. K of Puspan. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard.
Puspan. L. 117–263, div. K, title CXIII, § 11301, Dec. 23, 2022, 136 Stat. 4069, provided that: “In this subtitle [subtitle A (§§ 11301–11305) of title CXIII of div. K of Puspan. L. 117–263, enacting this section and sections 1391 and 1392 of this title and provisions set out as a note under this section]:“(1)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(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)Core foraging habitats.—The term ‘core foraging habitats’ means areas—“(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)Exclusive economic zone.—The term ‘exclusive economic zone’ has the meaning given that term in section 107 of title 46, United States Code.
“(4)Institution of higher education.—The term ‘institution of higher education’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). “(5)Large cetacean.—The term ‘large cetacean’ means all endangered or threatened species within—“(A) the suborder Mysticeti;
“(B) the genera Physeter; or
“(C) the genera Orcinus.
“(6)Near real-time.—The term ‘near real-time’, with respect to monitoring of whales, means that visual, acoustic, or other detections of whales are processed, transmitted, and reported as close to the time of detection as is technically feasible.
“(7)Nonprofit organization.—The term ‘nonprofit organization’ means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)] and exempt from tax under section 501(a) of such Code [26 U.S.C. 501(a)]. “(8)Puget Sound region.—The term ‘Puget Sound region’ means the Vessel Traffic Service Puget Sound area described in section 161.55 of title 33, Code of Federal Regulations (as of the date of enactment of this Act [Dec. 23, 2022]).
“(9)Tribal government.—The term ‘Tribal government’ means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). “(10)Under Secretary.—The term ‘Under Secretary’ means the Under Secretary of Commerce for Oceans and Atmosphere.”
