S.20.3-17: Preserve our Marine Life Act (Law'd)

[tmthforu94]

Preserve our Marine Life Act

1. Sealing and the sale of products produced in the past 30 years through sealing is prohibited. Violators shall be fined up to $100,000 for sale and up to $500,000 for sealing.

2. The taking of cetaceans by any person in Southern waters for purposes not authorized by the Southern government is prohibited. Permits shall only be authorized for scientific research, for enhancing the survival or recovery of a marine mammal species, or temporary educational photography purposes. Violators shall be fined up to $500,000. This clause does not apply to incidental take during commercial activities.

3. Commercial gill netting in oceanic waters is prohibited. Drift nets longer than 2.5km are prohibited. All drift nets are required to be made from biodegradable materials and incorporate pingers in sufficient quantities. Violators shall be fined up to $100,000.

4. All ships engaged in midwater trawling must include a device to exclude cetaceans or allow them to escape, such as a Nordmore grate. Violators shall be fined up to $50,000.

5. All ships engaged in purse seine fishing are required to incorporate Medina panels into their nets and engage in backing-down procedures. Violators shall be fined up to $50,000.

6. All appropriate regulatory agencies are directed to consider marine life safety as a major objective and to shift and narrow maritime traffic separation schemes as appropriate, including outright avoidance of key areas, and are further directed to consider the impact of oceanic noise created by commercial shipping and mineral exploration on such regulations.

7. Power plants that discharge water that has been used by the plant with no significant alterations save temperature are directed to prevent any undue restrictions to access to their discharge canals by marine life.

8. All commercial operations that operate to observe marine life their native habitat are directed to maintain no more than a no wake speed when knowingly operating within 500 feet of a cetacean, and may not pursue, encircle, or come in between the members of a pod, make unnecessary sudden turns, make excessive noise, or approach such animals at an angle by which they would be taken by surprise. These operations also may not allow swimming with these cetaceans or coerce cetaceans into bow-riding. Violators shall be fined up to $25,000 per offense.

Sponsor: Tmthforu94

Minimum 48 hours for debate.

[tmthforu94]

Bringing this to the floor since our queue is getting low again. This was also a bill that was previously a law but hasn't been enacted post-reset (to my knowledge). Credit to Maxwell for writing it initially and Donerail for their contributions.

This should be pretty straightforward, it essentially bans whaling and other unethical fishing products and institutes fines for those who do it.

Link to original debate: http://uselectionatlas.org/FORUM/index.php?topic=193129.0

[tmthforu94]

Doing more research, to be clear whaling is already largely banned, per the Marine Mammal Protection Act passed federally in 1972. Whales as a whole are considered endangered - the Belugas are the most hunted still in the United States and are threatened, and others are endangered and critically endangered. This would largely just add higher fines to increase the enforcement of bans already in place, also would keep it illegal in the region should the federal government ever repeal.

Latest stat I found: 1,590 Beluga whales were killed in the US from 2010-14.

[tmthforu94]

One question I have: why only specifically cetaceans? While a few seals do exist off the northeastern and eastern coasts of the region, and whales do exists along our Atlantic coast, why specifically cetaceans? Is it because they're cuter or something? I'm all for animal conservation, and I'm also all for protecting marine animals in Dixie, but while this bill does raise a good point, I don't particularly like the execution. It's too broad to protect any individual animal specifically to its needs, and too narrow to include all of the creatures who don't belong to this particular infraorder.

I don't disagree on the fact that the initial text seems to specify solely on cetaceans, however Clause 3 through 7 would apply broadly and benefit/ preserve all ocean wildlife. I have also reached out to the initial author of these amendments if they'd like to expand on it and provide better clarification.

[tmthforu94]

Based on the point Koopa addressed, offering an amendment that removes much of the specificity towards cetaceans. I did feel that some of the clauses should still specify them - for example, Clauses 3 and 4 - it defeats the purpose of a net if any marine life animal can escape, but I still think it is relevant towards overall marine life safety to leave it in for cetaceans.

I'm also including this amendment an adjustment in fines, from "no less" to "up to" to create more flexibility. Using "no less" basically allows for an infinite $ fine, which I'm uncomfortable with.

Preserve our CetaceansMarine Life Act

1. Whaling, sealing, and the sale of products produced in the past 30 years through whaling or sealing is prohibited. Violators shall be fined no less than up to $100,000 for sale and not less than up to $500,000 for whaling or sealing.

2. The taking of marine mammals cetaceans by any person in Southern waters for purposes not authorized by the Southern government is prohibited. Permits shall only be authorized for scientific research, for enhancing the survival or recovery of a marine mammal species, or temporary educational photography purposes. Violators shall be fined not less than up to $500,000. This clause does not apply to incidental take during commercial activities.

3. Commercial gill netting in oceanic waters is prohibited. Drift nets longer than 2.5km are prohibited. All drift nets are required to be made from biodegradable materials and incorporate pingers in sufficient quantities to deter cetaceans. Violators shall be fined no less than up to $100,000.

4. All ships engaged in midwater trawling must include a device to exclude cetaceans or allow them to escape, such as a Nordmore grate. Violators shall be fined not less than up to $50,000.

5. All ships engaged in purse seine fishing are required to incorporate Medina panels into their nets and engage in backing-down procedures to allow dolphins to leave the nets. Violators shall be fined not less than up to $50,000.

6. All appropriate regulatory agencies are directed to consider cetaceanmarine life safety as a major objective and to shift and narrow maritime traffic separation schemes as appropriate, including outright avoidance of key areas, and are further directed to consider the impact of oceanic noise created by commercial shipping and mineral exploration on such regulations.

7. Power plants that discharge water that has been used by the plant with no significant alterations save temperature are directed to prevent any undue restrictions to access to their discharge canals by marine mammalslife.

8. All commercial operations that operate to observe cetaceansmarine life in their native habitat are directed to maintain no more than a no wake speed when knowingly operating within 500 feet of a cetacean, and may not pursue, encircle, or come in between the members of a pod, make unnecessary sudden turns, make excessive noise, or approach such animals at an angle by which they would be taken by surprise. These operations also may not allow swimming with these cetaceans or coerce cetaceans into bow-riding. Violators shall be fined up to $25,000 per offense.

24 hours for objections.

[tmthforu94]

The amendment is adopted, debate resumes.

[tmthforu94]

If a delegate wants to offer an amendment to strike that section I’m fine with that if it means passing the bill. As stated before, it is already restricted at the federal level so this is just adding a second layer of protection.

[tmthforu94]

If no amendments are being offered, I am motioning for a final vote. I've made efforts to satisfy every concern made in this thread aside from whaling, which I've noted is already federal law, which hopefully satisfies the concerns there. This bill implements important protections that had been previously in place that will serve as protection for all marine life.

24 hours for objections.

[tmthforu94]

If this is what is holding people up, I will strike it to ensure final passage. I am thankful that our federal government has taken steps to ban whaling federally - it is a cruel and unnecessary practice. By offering this amendment, I am not condoning whaling, but I believe other provisions of this bill are important to be enacted. 

Section 1 is amended to read:

Preserve our Cetaceans Act
1. Whaling, Sealing and the sale of products produced in the past 30 years through whaling or sealing is prohibited. Violators shall be fined up to $100,000 for sale and up to $500,000 for whaling or sealing.

24 hours for objections.

"Top 10 reasons" to not kill whales: https://www.greenpeace.org/international/story/18358/10-reasons-to-not-kill-whales/

[tmthforu94]

The amendment is adopted, debate resumes.

I am calling for a final vote again. 24 hours for objections. Hopefully delegates are satisfied with the changes made, if not please let me know and I'm happy to work with folks to get this passed.

[tmthforu94]

A final vote has started on the below text, please vote AYE, NAY or ABSTAIN.

Preserve our Cetaceans Act

1. Sealing and the sale of products produced in the past 30 years through sealing is prohibited. Violators shall be fined up to $100,000 for sale and up to $500,000 for sealing.

2. The taking of cetaceans by any person in Southern waters for purposes not authorized by the Southern government is prohibited. Permits shall only be authorized for scientific research, for enhancing the survival or recovery of a marine mammal species, or temporary educational photography purposes. Violators shall be fined up to $500,000. This clause does not apply to incidental take during commercial activities.

3. Commercial gill netting in oceanic waters is prohibited. Drift nets longer than 2.5km are prohibited. All drift nets are required to be made from biodegradable materials and incorporate pingers in sufficient quantities. Violators shall be fined up to $100,000.

4. All ships engaged in midwater trawling must include a device to exclude cetaceans or allow them to escape, such as a Nordmore grate. Violators shall be fined up to $50,000.

5. All ships engaged in purse seine fishing are required to incorporate Medina panels into their nets and engage in backing-down procedures. Violators shall be fined up to $50,000.

6. All appropriate regulatory agencies are directed to consider marine life safety as a major objective and to shift and narrow maritime traffic separation schemes as appropriate, including outright avoidance of key areas, and are further directed to consider the impact of oceanic noise created by commercial shipping and mineral exploration on such regulations.

7. Power plants that discharge water that has been used by the plant with no significant alterations save temperature are directed to prevent any undue restrictions to access to their discharge canals by marine life.

8. All commercial operations that operate to observe marine life their native habitat are directed to maintain no more than a no wake speed when knowingly operating within 500 feet of a cetacean, and may not pursue, encircle, or come in between the members of a pod, make unnecessary sudden turns, make excessive noise, or approach such animals at an angle by which they would be taken by surprise. These operations also may not allow swimming with these cetaceans or coerce cetaceans into bow-riding. Violators shall be fined up to $25,000 per offense.

[tmthforu94]

Aye

[tmthforu94]

This has enough votes to pass, delegates have 24 hours to change their votes.

[tmthforu94]

With 4 Ayes, 1 Nay, 1 Abstaining and 1 not voting, this has passed and will be presented to the Governor for signature.