Marine Mammal Climate Change Protection Act

I 117TH CONGRESS 1ST SESSION H. R. 3692 To amend the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish a climate impact management plan for the conservation of certain marine mammal species, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 4, 2021 Ms. BROWNLEY introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish a climate impact management plan for the conservation of certain marine mammal species, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Marine Mammal Cli- 4 mate Change Protection Act’’. 5 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3692 IH SEC. 2. CONSERVATION OF MARINE MAMMALS ADVERSELY 1 AFFECTED BY CLIMATE CHANGE. 2 (a) IN GENERAL.—The Marine Mammal Protection 3 Act of 1974 (16 U.S.C. 1361 et seq.) is amended by in- 4 serting after section 120 the following: 5 ‘‘SEC. 121. CONSERVATION OF MARINE MAMMALS AD- 6 VERSELY AFFECTED BY CLIMATE CHANGE. 7 ‘‘(a) CLIMATE IMPACT MANAGEMENT PLANS.— 8 ‘‘(1) Within 24 months after the date of enact- 9 ment of this section, the Secretary, in consultation 10 with the Marine Mammal Commission, shall publish 11 in the Federal Register, after notice and opportunity 12 for public comment, a list of those marine mammal 13 species and population stocks in waters under the 14 jurisdiction of the United States for which climate 15 change, alone or in combination or interaction with 16 other factors, is more likely than not to result in a 17 decline in population abundance, of impeding popu- 18 lation recovery, or of reducing carrying capacity. 19 The list shall identify— 20 ‘‘(A) any species or population stock for 21 which such impacts are likely to occur within 22 20 years; and 23 ‘‘(B) any species or population stock listed 24 as a threatened species or endangered species 25 under the Endangered Species Act of 1973 (16 26 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3692 IH U.S.C. 1531 et seq.) for which such impacts 1 have more than a remote possibility of occur- 2 ring within 100 years. 3 ‘‘(2)(A) The Secretary, in consultation with the 4 Marine Mammal Commission, shall review the list 5 adopted pursuant to paragraph (1) at least once 6 every 5 years, or more frequently if significant new 7 information becomes available, and, after notice and 8 opportunity for public comment, shall publish a re- 9 vised list in the Federal Register. 10 ‘‘(B) Within 12 months after receiving the peti- 11 tion of an interested person under section 553(e) of 12 title 5, United States Code, to add a marine mam- 13 mal species or population stock to the list published 14 under paragraph (1), the Secretary, in consultation 15 with the Marine Mammal Commission and after no- 16 tice and opportunity for public comment, shall pub- 17 lish in the Federal Register its finding of whether 18 the petitioned action is warranted. If the petitioned 19 action is deemed warranted, the Secretary shall pub- 20 lish at the same time the revision adding such spe- 21 cies or population stock. 22 ‘‘(3) The list published under paragraph (1), 23 and any revisions thereto made in accordance with 24 paragraph (2), shall include a determination of 25 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3692 IH whether a climate impact management plan will pro- 1 mote the conservation of species or stocks listed pur- 2 suant to paragraph (1)(C). 3 ‘‘(4)(A)(i) The Secretary shall publish in the 4 Federal Register a draft climate impact management 5 plan for each marine mammal species or population 6 stock— 7 ‘‘(I) listed under paragraph (1)(A), within 8 18 months after the listing; and 9 ‘‘(II) listed under paragraph (1)(B), within 10 30 months after the listing. 11 ‘‘(ii) Each draft climate impact management 12 plan shall be developed in consultation with the Ma- 13 rine Mammal Commission and, as appropriate, other 14 Federal agencies, and shall be made available for 15 public review and comment for a period not to ex- 16 ceed 90 days. 17 ‘‘(iii) No later than 120 days after the close of 18 the comment period required under clause (ii), the 19 Secretary shall issue a final climate impact manage- 20 ment plan and implementing regulations that are 21 consistent with the other provisions of this section 22 and, to the full extent available under the Sec- 23 retary’s authorities under this Act and other stat- 24 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3692 IH utes, implement the conservation and management 1 measures identified in the plan. 2 ‘‘(B) Each management plan under subpara- 3 graph (A) shall include a comprehensive strategy for 4 conserving and recovering of such marine mammal 5 stocks and species given the anticipated direct and 6 indirect effects of climate change and increasing re- 7 siliency in the species or population stock, and shall 8 identify conservation and management measures 9 to— 10 ‘‘(i) conserve and recover such species and 11 population stocks given the anticipated adverse 12 effects of climate change on such species and 13 population stocks and their prey; 14 ‘‘(ii) monitor, reduce, and prevent inter- 15 actions with fisheries and other human activi- 16 ties that may occur as a result of changes in 17 marine mammal distribution or other indirect 18 effects of climate change; 19 ‘‘(iii) increase resiliency by materially re- 20 ducing other human impacts on such species 21 and population stocks, including but not limited 22 to the reduction of incidental taking of marine 23 mammals and of the degradation of the habitat 24 of such species and population stocks, and by 25 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3692 IH managing prey species to improve the avail- 1 ability of prey to such species and population 2 stocks; and 3 ‘‘(iv) take any other action as may be nec- 4 essary to implement the strategy set forth in 5 the plan. 6 ‘‘(C) Each management plan under subpara- 7 graph (A) shall include objective, measurable criteria 8 for evaluating the effectiveness and sufficiency of 9 such measures to meet the purposes of this Act. 10 ‘‘(D)(i) All other Federal agencies shall, in con- 11 sultation with and with the assistance of the Sec- 12 retary, utilize their authorities in furtherance of the 13 strategy and conservation and management meas- 14 ures set forth in climate impact management plans 15 developed under this subsection and ensure that 16 their actions do not conflict or interfere with the ob- 17 jectives of such management plans. The Secretary 18 shall consult with the Marine Mammal Commission 19 and, as may be warranted, other agencies in the im- 20 plementation of such plans. 21 ‘‘(ii) With respect to any Federal agency action 22 authorized, funded, or undertaken by such agency 23 that, in the view of the Secretary or of the agency, 24 may conflict or interfere with the objectives of such 25 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3692 IH management plans, such agency shall, in consulta- 1 tion with the Secretary, ensure that such action is 2 consistent with the management plans. To the extent 3 that it is impossible for such action to be consistent 4 with the management plan, the Secretary shall re- 5 quire measures to minimize any such conflicts, in 6 addition to any other measures required by law, and 7 the agency shall adopt such measures required by 8 the Secretary. 9 ‘‘(E) When appropriate, the Secretary may, and 10 is encouraged to, integrate climate impact manage- 11 ment plans into conservation plans adopted under 12 section 115(b) or recovery plans adopted under sec- 13 tion 4(f) of the Endangered Species Act of 1973 (16 14 U.S.C. 1533(f)). 15 ‘‘(F) The Secretary shall review climate impact 16 management plans and implementing regulations at 17 least once every 5 years, and shall revise and amend 18 them as necessary to meet the goals and require- 19 ments of this section. Any changes shall be subject 20 to the procedures and requirements applicable to the 21 adoption of the initial plans and regulations. 22 ‘‘(5) The Secretary shall report to Congress 4 23 years after the date of enactment of this section, 24 and every 2 years thereafter, on— 25 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3692 IH ‘‘(A) actions taken to implement this sec- 1 tion; 2 ‘‘(B) any backlog in meeting the schedule 3 set forth in this subsection for adopting, review- 4 ing, and implementing climate impact manage- 5 ment plans, or additional resources necessary to 6 address any such backlog; and 7 ‘‘(C) the effectiveness of implementation 8 and sufficiency of the measures adopted in cli- 9 mate impact management plans, and any rec- 10 ommendations for improving the process or the 11 applicable legislation. 12 ‘‘(b) MONITORING OF CLIMATE IMPACTS.—The Sec- 13 retary shall establish a program within the National Oce- 14 anic and Atmospheric Administration to monitor the ad- 15 verse impacts of climate change on marine mammals. The 16 purposes of the monitoring program shall be to— 17 ‘‘(1) improve models of projected future 18 changes in marine mammal distribution and den- 19 sities resulting from climate change; 20 ‘‘(2) identify and monitor interactions with fish- 21 eries and other human activities that may occur as 22 a result of changes in marine mammal distribution 23 or other effects of climate change; 24 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3692 IH ‘‘(3) monitor the abundance of species and pop- 1 ulation stocks, to an extent sufficient to detect a 20 2 percent population decline over 20 years; 3 ‘‘(4) improve understanding of the impacts of 4 climate change on marine mammal species and pop- 5 ulation stocks; and 6 ‘‘(5) assess the direct and indirect contributions 7 of marine mammals to carbon reduction, including 8 through carbon sequestration and nutrient cycling. 9 ‘‘(c) PROMULGATION OF REGULATIONS FOR LISTING 10 MARINE MAMMALS ADVERSELY IMPACTED BY CLIMATE 11 CHANGE.—The Secretary shall, within 120 days after the 12 date of the enactment of this section— 13 ‘‘(1) publish in the Federal Register for public 14 comment, for a period of not less than 60 days, reg- 15 ulations for listing marine mammal species and pop- 16 ulation stocks adversely impacted by climate change, 17 alone or in combination or interaction with other 18 factors, as described in paragraphs (1) and (2) of 19 subsection (a), taking into account both quantitative 20 and qualitative indicators of adverse impacts of cli- 21 mate change and human activities on such species 22 and stocks, including— 23 ‘‘(A) direct and indirect mortality and seri- 24 ous injury; 25 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3692 IH ‘‘(B) loss or degradation of habitat; 1 ‘‘(C) changes in the distribution or avail- 2 ability of prey; 3 ‘‘(D) changes in the distribution of marine 4 mammal species and population stocks; 5 ‘‘(E) decreased genetic diversity or repro- 6 ductive success; 7 ‘‘(F) increased susceptibility to pathogens; 8 and 9 ‘‘(G) increased likelihood of interactions 10 with fisheries and other human activities; and 11 ‘‘(2) no later than 90 days after the close of the 12 period for such public comment, publish in the Fed- 13 eral Register final regulations for listing marine 14 mammals as required by paragraph (a), to be re- 15 viewed at least once every three years. 16 ‘‘(d) LACK OF QUANTITATIVE INFORMATION.—The 17 lack of quantitative information shall not be a basis for 18 a determination under subsection (c) that a species or pop- 19 ulation stock is not adversely impacted by climate change, 20 alone or in combination or interaction with other factors, 21 as described in paragraphs (1) and (2) of subsection (a). 22 ‘‘(e) ESTIMATION OF POTENTIAL BIOLOGICAL RE- 23 MOVAL.— 24 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3692 IH ‘‘(1) The Secretary, in estimating the potential 1 biological removal level in stock assessments pre- 2 pared in accordance with section 117, shall consider 3 the adverse impacts of climate change in deter- 4 mining the recovery factor applied to each stock. 5 ‘‘(2) The Secretary, in preparing stock assess- 6 ments in accordance with section 117, shall reexam- 7 ine the stock definition and geographic range of ma- 8 rine mammal species and population stocks to iden- 9 tify climate-related changes in spatial distribution 10 and stock definition and to identify how such 11 changes may affect human impacts to the species. 12 ‘‘(f) AUTHORITY TO ENTER INTO AGREEMENTS.— 13 The Secretary shall— 14 ‘‘(1) periodically review the status of agree- 15 ments with foreign governments under section 16 108(a) concerning the management of transbound- 17 ary marine mammal species and population stocks, 18 and their prey species, that are or may be affected 19 by climate change; and 20 ‘‘(2) through the Secretary of State, initiate the 21 amendment of any such agreement, or negotiations 22 for the development of bilateral or multinational 23 agreements, consistent with the goals and policies of 24 this section. 25 VerDate Sep 11 2014 01:17 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3692.IH H3692 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 3692 IH ‘‘(g) CONSTRUCTION.—This section shall not be con- 1 strued to limit or restrict any other responsibility of the 2 Secretary or of any other person under this Act or any 3 other statute. 4 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 5 ‘‘(1) There is authorized to be appropriated to 6 the Administrator carry out this sec [Text truncated for display. 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