16 U.S.C. § 1393 — Conservation and mitigation assistance

Not later than 180 days after December 29, 2022, the Secretary^* of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere (in this title 1 referred to as the “Under Secretary”) shall establish a program to provide competitive financial assistance, on an annual basis, and cooperative agreements including multiyear grants and direct payment, to eligible entities for eligible uses, such as projects designed to reduce the lethal and sub-lethal effects of human activities on North Atlantic right whales.

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 1973 (16 U.S.C. 1531 et seq.) and the Marine Mammal^* Protection Act of 1972 (16 U.S.C. 1361 et seq.).

The Under Secretary may enter into cooperative agreements with the National Fish and Wildlife Foundation established by the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry out this title.¹

a relevant port authority for a port;

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

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

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

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

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

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

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

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

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

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

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

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

Except as provided in paragraph (2), funds awarded under this section may not be used to distribute resources to an entity or individual that is not a United States person^* (as defined in section 7701(a)(3) of title 26).

Funds awarded under this section may be used to distribute resources to a partnership that includes an entity or individual that is not a United States person (as defined in section 7701(a)(30) of title 26) if the resources are distributed directly to a partner in the partnership that is a United States person (as so defined).

Each individual or entity that receives assistance under this section for a project shall submit to the Under Secretary periodic reports (at such intervals as the Under Secretary may require) that include all information that the Under Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements.

Reports under paragraph (1) shall be made available to the public in a timely manner.