[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1383 Introduced in House (IH)]
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Mammal Climate Change
Protection Act''.
SEC. 2. CONSERVATION OF MARINE MAMMALS ADVERSELY AFFECTED BY CLIMATE
CHANGE.
(a) In General.--The Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) is amended by inserting after section 120 the
following:
``SEC. 121. CONSERVATION OF MARINE MAMMALS ADVERSELY AFFECTED BY
CLIMATE CHANGE.
``(a) Climate Impact Management Plans.--
``(1) Within 24 months after the date of enactment of this
section, the Secretary, in consultation with the Marine Mammal
Commission, shall publish in the Federal Register, after notice
and opportunity for public comment, a list of those marine
mammal species and population stocks in waters under the
jurisdiction of the United States for which climate change,
alone or in combination or interaction with other factors, is
more likely than not to result in a decline in population
abundance, of impeding population recovery, or of reducing
carrying capacity. The list shall identify--
``(A) any species or population stock for which
such impacts are likely to occur within 20 years; and
``(B) any species or population stock listed as a
threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
for which such impacts have more than a remote
possibility of occurring within 100 years.
``(2)(A) The Secretary, in consultation with the Marine
Mammal Commission, shall review the list adopted pursuant to
paragraph (1) at least once every 5 years, or more frequently
if significant new information becomes available, and, after
notice and opportunity for public comment, shall publish a
revised list in the Federal Register.
``(B) Within 12 months after receiving the petition of an
interested person under section 553(e) of title 5, United
States Code, to add a marine mammal species or population stock
to the list published under paragraph (1), the Secretary, in
consultation with the Marine Mammal Commission and after notice
and opportunity for public comment, shall publish in the
Federal Register its finding of whether the petitioned action
is warranted. If the petitioned action is deemed warranted, the
Secretary shall publish at the same time the revision adding
such species or population stock.
``(3) The list published under paragraph (1), and any
revisions thereto made in accordance with paragraph (2), shall
include a determination of whether a climate impact management
plan will promote the conservation of species or stocks listed
pursuant to paragraph (1).
``(4)(A)(i) The Secretary shall publish in the Federal
Register a draft climate impact management plan for each marine
mammal species or population stock--
``(I) listed under paragraph (1)(A), within 18
months after the listing; and
``(II) listed under paragraph (1)(B), within 30
months after the listing.
``(ii) Each draft climate impact management plan shall be
developed in consultation with the Marine Mammal Commission
and, as appropriate, other Federal agencies, and shall be made
available for public review and comment for a period not to
exceed 90 days.
``(iii) No later than 120 days after the close of the
comment period required under clause (ii), the Secretary shall
issue a final climate impact management plan and implementing
regulations that are consistent with the other provisions of
this section and, to the full extent available under the
Secretary's authorities under this Act and other statutes,
implement the conservation and management measures identified
in the plan.
``(B) Each climate impact management plan under
subparagraph (A) shall include a comprehensive strategy for
conserving and recovering of such marine mammal stocks and
species given the anticipated direct and indirect effects of
climate change and increasing resiliency in the species or
population stock, and shall identify conservation and
management measures to--
``(i) conserve and recover such species and
population stocks given the anticipated adverse effects
of climate change on such species and population stocks
and their prey;
``(ii) monitor, reduce, and prevent interactions
with fisheries and other human activities that may
occur as a result of changes in marine mammal
distribution or other indirect effects of climate
change;
``(iii) increase resiliency by materially reducing
other human impacts on such species and population
stocks, including but not limited to the reduction of
incidental taking of marine mammals and of the
degradation of the habitat of such species and
population stocks, and by managing prey species to
improve the availability of prey to such species and
population stocks; and
``(iv) take any other action as may be necessary to
implement the strategy set forth in the climate impact
management plan.
``(C) Each climate impact management plan under
subparagraph (A) shall include objective, measurable criteria
for evaluating the effectiveness and sufficiency of such
measures to meet the purposes of this Act.
``(D)(i) All other Federal agencies shall, in consultation
with and with the assistance of the Secretary, utilize their
authorities in furtherance of the strategy and conservation and
management measures set forth in climate impact management
plans developed under this subsection and ensure that their
actions do not conflict or interfere with the objectives of
such climate impact management plans. The Secretary shall
consult with the Marine Mammal Commission and, as may be
warranted, other agencies in the implementation of such climate
impact management plans.
``(ii) With respect to any Federal agency action
authorized, funded, or undertaken by such agency that, in the
view of the Secretary or of the agency, may conflict or
interfere with the objectives of such climate impact management
plans, such agency shall, in consultation with the Secretary,
ensure that such action is consistent with the climate impact
management plan. To the extent that it is impossible for such
action to be consistent with the climate impact management
plan, the Secretary shall require measures to minimize any such
conflicts, in addition to any other measures required by law,
and the agency shall adopt such measures required by the
Secretary.
``(E) When appropriate, the Secretary may, and is
encouraged to, integrate climate impact management plans into
conservation plans adopted under section 115(b) or recovery
plans adopted under section 4(f) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(f)).
``(F) The Secretary shall review climate impact management
plans and implementing regulations at least once every 5 years,
and shall revise and amend them as necessary to meet the goals
and requirements of this section. Any changes shall be subject
to the procedures and requirements applicable to the adoption
of the initial climate impact management plans and regulations.
``(5) The Secretary shall report to Congress 4 years after
the date of enactment of this section, and every 2 years
thereafter, on--
``(A) actions taken to implement this section;
``(B) any backlog in meeting the schedule set forth
in this subsection for adopting, reviewing, and
implementing climate impact management plans, or
additional resources necessary to address any such
backlog; and
``(C) the effectiveness of implementation and
sufficiency of the measures adopted in climate impact
management plans, and any recommendations for improving
the process or the applicable legislation.
``(b) Monitoring of Climate Impacts.--The Secretary shall establish
a program within the National Oceanic and Atmospheric Administration to
monitor the adverse impacts of climate change on marine mammals. The
purposes of the monitoring program shall be to--
``(1) improve models of projected future changes in marine
mammal distribution and densities resulting from climate
change;
``(2) identify and monitor interactions with fisheries and
other human activities that may occur as a result of changes in
marine mammal distribution or other effects of climate change;
``(3) monitor the abundance of species and population
stocks, to an extent sufficient to detect a 20 percent
population decline over 20 years;
``(4) improve understanding of the impacts of climate
change on marine mammal species and population stocks; and
``(5) assess the direct and indirect contributions of
marine mammals to carbon reduction, including through carbon
sequestration and nutrient cycling.
``(c) Promulgation of Regulations for Listing Marine Mammals
Adversely Impacted by Climate Change.--The Secretary shall, within 120
days after the date of the enactment of this section--
``(1) publish in the Federal Register for public comment,
for a period of not less than 60 days, regulations for listing
marine mammal species and population stocks adversely impacted
by climate change, alone or in combination or interaction with
other factors, as described in paragraphs (1) and (2) of
subsection (a), taking into account both quantitative and
qualitative indicators of adverse impacts of climate change and
human activities on such species and stocks, including--
``(A) direct and indirect mortality and serious
injury;
``(B) loss or degradation of habitat;
``(C) changes in the distribution or availability
of prey;
``(D) changes in the distribution of marine mammal
species and population stocks;
``(E) decreased genetic diversity or reproductive
success;
``(F) increased susceptibility to pathogens; and
``(G) increased likelihood of interactions with
fisheries and other human activities; and
``(2) not later than 90 days after the close of the period
for such public comment, publish in the Federal Register final
regulations for listing marine mammals as required by
paragraphs (1) and (2) of subsection (a), to be reviewed at
least once every three years.
``(d) Lack of Quantitative Information.--The lack of quantitative
information shall not be a basis for a determination that a species or
population stock is not adversely impacted by climate change, alone or
in combination or interaction with other factors, as described in
paragraphs (1) and (2) of subsection (a).
``(e) Estimation of Potential Biological Removal.--
``(1) The Secretary, in estimating the potential biological
removal level in stock assessments prepared in accordance with
section 117, shall consider the adverse impacts of climate
change in determining the recovery factor applied to each
stock.
``(2) The Secretary, in preparing stock assessments in
accordance with section 117, shall reexamine the stock
definition and geographic range of marine mammal species and
population stocks to identify climate-related changes in
spatial distribution and stock definition and to identify how
such changes may affect human impacts to the species.
``(f) Authority To Enter Into Agreements.--The Secretary shall--
``(1) periodically review the status of agreements with
foreign governments under section 108(a) concerning the
management of transboundary marine mammal species and
population stocks, and their prey species, that are or may be
affected by climate change; and
``(2) through the Secretary of State, initiate the
amendment of any such agreement, or negotiations for the
development of bilateral or multinational agreements,
consistent with the goals and policies of this section.
``(g) Construction.--This section shall not be construed to limit
or restrict any other responsibility of the Secretary or of any other
person under this Act or any other statute.
``(h) Authorization of Appropriations.--
``(1) There is authorized to be appropriated to the
Administrator of the National Oceanic and Atmospheric
Administration to carry out this section $3,000,000 for each of
fiscal years 2024 through 2028.
``(2) There is authorized to be appropriated to the
Secretary of the Interior to carry out this section $2,000,000
for each of fiscal years 2024 through 2028.
``(3) There is authorized to be appropriated to the Marine
Mammal Commission to carry out this section $1,000,000 for each
of fiscal years 2024 through 2028.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
120 the following:
``Sec. 121. Conservation of marine mammals adversely affected by
climate change.''.
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