What This Bill Does
This bill changes the Marine Mammal Protection Act to make the Secretary of Commerce create a plan to protect ocean mammals harmed by climate change. The secretary must identify which marine mammal species are at risk from climate change and develop strategies to help them survive and recover. The bill also requires monitoring programs to track how climate change affects these animals.
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Who It Affects
The bill directly affects:
- The Secretary of Commerce and federal agencies that manage marine resources
- The Marine Mammal Commission (an independent agency that advises the government)
- Marine mammal species living in U.S. ocean waters
- Fishing industries that interact with marine mammals
- The public, through required opportunities to comment on plans
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Key Provisions
- Within 24 months, the Secretary must publish a list of marine mammal species that climate change could harm, organized by whether impacts might occur within 20 years or 100 years (Sec. 121(a)(1))
- The Secretary must create a detailed climate impact management plan for each listed species within 18 to 30 months that includes conservation strategies, monitoring goals and ways to reduce other human impacts (Sec. 121(a)(4))
- All federal agencies must use their powers to support these climate management plans and cannot take actions that conflict with the plans' goals (Sec. 121(a)(4)(D))
- The Secretary must establish a monitoring program within the National Oceanic and Atmospheric Administration to track climate change effects on marine mammals and identify new risks (Sec. 121(b))
- The Secretary must review and update all climate management plans and regulations every 5 years and report to Congress every 2 years on progress and challenges (Sec. 121(a)(5) and (a)(4)(F))
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What Changes
If this bill becomes law:
- A new requirement forces the federal government to identify marine mammal species threatened by climate change and create formal protection plans for them
- Federal agencies must actively support these protection plans and cannot work against them
- The government must monitor marine mammals and climate impacts systematically
- The Marine Mammal Protection Act gets a new section creating these climate-focused obligations
- Public input becomes required at each stage of listing species and creating protection plans
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Important Definitions
The bill does not explicitly define any key terms. However, it uses these phrases:
- "Climate change" means environmental shifts that harm marine mammals
- "Carrying capacity" means the maximum population size an environment can support
- "Incidental taking" means unintentional capture or harm of marine mammals (from existing Marine Mammal Protection Act)
- "Transbound species" means marine mammals that live in waters of multiple countries
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1383
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
MARCH 7, 2023
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’’.
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SEC. 2. CONSERVATION OF MARINE MAMMALS ADVERSELY
1
AFFECTED BY CLIMATE CHANGE.
2
(a) IN GENERAL.—The Marine Mammal Protection
3
Act of 1972 (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
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•HR 1383 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
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•HR 1383 IH
whether a climate impact management plan will pro-
1
mote the conservation of species or stocks listed pur-
2
suant to paragraph (1).
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-
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•HR 1383 IH
utes, implement the conservation and management
1
measures identified in the plan.
2
‘‘(B) Each climate impact management plan
3
under subparagraph (A) shall include a comprehen-
4
sive strategy for conserving and recovering of such
5
marine mammal stocks and species given the antici-
6
pated direct and indirect effects of climate change
7
and increasing resiliency in the species or population
8
stock, and shall identify conservation and manage-
9
ment measures 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
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•HR 1383 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 climate impact management plan.
6
‘‘(C) Each climate impact management plan
7
under subparagraph (A) shall include objective,
8
measurable criteria for evaluating the effectiveness
9
and sufficiency of such measures to meet the pur-
10
poses of this Act.
11
‘‘(D)(i) All other Federal agencies shall, in con-
12
sultation with and with the assistance of the Sec-
13
retary, utilize their authorities in furtherance of the
14
strategy and conservation and management meas-
15
ures set forth in climate impact management plans
16
developed under this subsection and ensure that
17
their actions do not conflict or interfere with the ob-
18
jectives of such climate impact management plans.
19
The Secretary shall consult with the Marine Mam-
20
mal Commission and, as may be warranted, other
21
agencies in the implementation of such climate im-
22
pact management plans.
23
‘‘(ii) With respect to any Federal agency action
24
authorized, funded, or undertaken by such agency
25
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•HR 1383 IH
that, in the view of the Secretary or of the agency,
1
may conflict or interfere with the objectives of such
2
climate impact management plans, such agency
3
shall, in consultation with the Secretary, ensure that
4
such action is consistent with the climate impact
5
management plan. To the extent that it is impossible
6
for such action to be consistent with the climate im-
7
pact management plan, the Secretary shall require
8
measures to minimize any such conflicts, in addition
9
to any other measures required by law, and the
10
agency shall adopt such measures required by the
11
Secretary.
12
‘‘(E) When appropriate, the Secretary may, and
13
is encouraged to, integrate climate impact manage-
14
ment plans into conservation plans adopted under
15
section 115(b) or recovery plans adopted under sec-
16
tion 4(f) of the Endangered Species Act of 1973 (16
17
U.S.C. 1533(f)).
18
‘‘(F) The Secretary shall review climate impact
19
management plans and implementing regulations at
20
least once every 5 years, and shall revise and amend
21
them as necessary to meet the goals and require-
22
ments of this section. Any changes shall be subject
23
to the procedures and requirements applicable to the
24
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•HR 1383 IH
adoption of the initial climate impact management
1
plans and regulations.
2
‘‘(5) The Secretary shall report to Congress 4
3
years after the date of enactment of this section,
4
and every 2 years thereafter, on—
5
‘‘(A) actions taken to implement this sec-
6
tion;
7
‘‘(B) any backlog in meeting the schedule
8
set forth in this subsection for adopting, review-
9
ing, and implementing climate impact manage-
10
ment plans, or additional resources necessary to
11
address any such backlog; and
12
‘‘(C) the effectiveness of implementation
13
and sufficiency of the measures adopted in cli-
14
mate impact management plans, and any rec-
15
ommendations for improving the process or the
16
applicable legislation.
17
‘‘(b) MONITORING OF CLIMATE IMPACTS.—The Sec-
18
retary shall establish a program within the National Oce-
19
anic and Atmospheric Administration to monitor the ad-
20
verse impacts of climate change on marine mammals. The
21
purposes of the monitoring program shall be to—
22
‘‘(1) improve models of projected future
23
changes in marine mammal distribution and den-
24
sities resulting from climate change;
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•HR 1383 IH
‘‘(2) identify and monitor interactions with fish-
1
eries and other human activities that may occur as
2
a result of changes in marine mammal distribution
3
or other effects of climate change;
4
‘‘(3) monitor the abundance of species and pop-
5
ulation stocks, to an extent sufficient to detect a 20
6
percent population decline over 20 years;
7
‘‘(4) improve understanding of the impacts of
8
climate change on marine mammal species and pop-
9
ulation stocks; and
10
‘‘(5) assess the direct and indirect contributions
11
of marine mammals to carbon reduction, including
12
through carbon sequestration and nutrient cycling.
13
‘‘(c) PROMULGATION OF REGULATIONS FOR LISTING
14
MARINE MAMMALS ADVERSELY IMPACTED BY CLIMATE
15
CHANGE.—The Secretary shall, within 120 days after the
16
date of the enactment of this section—
17
‘‘(1) publish in the Federal Register for public
18
comment, for a period of not less than 60 days, reg-
19
ulations for listing marine mammal species and pop-
20
ulation stocks adversely impacted by climate change,
21
alone or in combination or interaction with other
22
factors, as described in paragraphs (1) and (2) of
23
subsection (a), taking into account both quantitative
24
and qualitative indicators of adverse impacts of cli-
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•HR 1383 IH
mate change and human activities on such species
1
and stocks, including—
2
‘‘(A) direct and indirect mortality and seri-
3
ous injury;
4
‘‘(B) loss or degradation of habitat;
5
‘‘(C) changes in the distribution or avail-
6
ability of prey;
7
‘‘(D) changes in the distribution of marine
8
mammal species and population stocks;
9
‘‘(E) decreased genetic diversity or repro-
10
ductive success;
11
‘‘(F) increased susceptibility to pathogens;
12
and
13
‘‘(G) increased likelihood of interactions
14
with fisheries and other human activities; and
15
‘‘(2) not later than 90 days after the close of
16
the period for such public comment, publish in the
17
Federal Register final regulations for listing marine
18
mammals as required by paragraphs (1) and (2) of
19
subsection (a), to be reviewed at least once every
20
three years.
21
‘‘(d) LACK OF QUANTITATIVE INFORMATION.—The
22
lack of quantitative information shall not be a basis for
23
a determination that a species or population stock is not
24
adversely impacted by climate change, alone or in com-
25
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•HR 1383 IH
bination or interaction with other factors, as described in
1
paragraphs (1) and (2) of subsection (a).
2
‘‘(e) ESTIMATION OF POTENTIAL BIOLOGICAL RE-
3
MOVAL.—
4
‘‘(1) The Secretary, in estimating the potential
5
biological removal level in stock assessments pre-
6
pared in accordance with section 117, shall consider
7
the adverse impacts of climate change in deter-
8
mining the recovery factor applied to each stock.
9
‘‘(2) The Secretary, in preparing stock assess-
10
ments in accordance with section 117, shall reexam-
11
ine the stock definition and geographic range of ma-
12
rine mammal species and population stocks to iden-
13
tify climate-related changes in spatial distribution
14
and stock definition and to identify how such
15
changes may affect human impacts to the species.
16
‘‘(f) AUTHORITY TO ENTER INTO AGREEMENTS.—
17
The Secretary shall—
18
‘‘(1) periodically review the status of agree-
19
ments with foreign governments under section
20
108(a) concerning the management of transbound-
21
ary marine mammal species and population stocks,
22
and their prey species, that are or may be affected
23
by climate change; and
24
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‘‘(2) through the Secretary of State, initiate the
1
amendment of any such agreement, or negotiations
2
for the development of bilateral or multinational
3
agreements, consistent with the goals and policies of
4
this section.
5
‘‘(g) CONSTRUCTION.—This section shall not be con-
6
strued to limit or restrict any other responsibility of the
[Text truncated for display. Full text available on Congress.gov.]