89–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–1030 

STREAMLINING ENVIRONMENTAL APPROVALS ACT OF 

2017 

NOVEMBER 16, 2018.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 3133] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 3133) to amend the Marine Mammal Protection Act of 

1972 to reduce unnecessary permitting delays by clarifying associated procedures to increase economic development and support 

coastal restoration programs, and for other purposes, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 3133 is to amend the Marine Mammal Protection Act of 1972 to reduce unnecessary permitting delays by 

clarifying associated procedures to increase economic development 

and support coastal restoration programs. 

BACKGROUND AND NEED FOR LEGISLATION

The Marine Mammal Protection Act of 1972 (MMPA, 16 U.S.C. 

1361 et seq.) established a moratorium on the ‘‘taking’’ of marine 

mammals in U.S. waters, as well as on importing marine mammals 

2 

1Marine Mammal Protection Act, Public Law 92–522, 86 Stat. 1027 (1972). 

2 Id. at 2. 3 Eugene H. Buck, CONG. RESEARCH SERV., RL30120, THE MARINE MAMMAL PROTECTION ACT: REAUTHORIZATION ISSUES 4(2007), available at http://www.crs.gov/. 4See Nat’l Marine Fisheries Serv., U.S. Dep’t of Commerce, Protected Resource Glossary, 

available at http://www.nmfs.noaa.gov/pr/glossary.htm. 5 16 U.S.C. 1362(13). 

6 50 C.F.R. 216.3 (2016). 

7 Buck, supra note 3, at 36. 8 16 U.S.C. 1362(18); Buck, supra note 3, at 36. 9 16 U.S.C. 1362(18)(C)–(D). 

10 U.S. COMM’N ON OCEAN POLICY, AN OCEAN BLUEPRINT FOR THE 21ST CENTURY: 

FINAL REPORT 312 (2004), available at http://www.jointoceancommission.org//media/JOCI/ 

PDFs/USCOP_report.pdf. 11 Id. at 11. 12 50 C.F.R. 216.101–216.108 (2016); Nat’l Marine Fisheries Serv., U.S. Dep’t of Commerce, 

Incidental Take Authorizations under the MMPA, http://www.nmfs.noaa.gov/pr/permits/incidental/. 

and marine mammal products.1 Congress passed the MMPA based 

on the finding that certain marine species and stocks were in danger of extinction as a result of human behavior and that these species and stocks must not fall below an ‘‘optimum sustainable population’’ level.2 The MMPA gives the Secretary of Commerce through 

the National Oceanic and Atmospheric Administration’s (NOAA) 

National Marine Fisheries Service (NMFS) and the Secretary of the 

Interior through the Fish and Wildlife Service (FWS) authority for 

the conservation and management of marine mammal species.3

Both the MMPA and the Endangered Species Act of 1973 (ESA, 

16 U.S.C. 1531 et seq.) employ the concept of ‘‘take’’ to refer to prohibited activities.4 The MMPA defines ‘‘take’’ as ‘‘to harass, hunt, 

capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.’’ 5 The Code of Federal Regulations further details 

the ‘‘taking’’ of a marine mammal to include ‘‘the collection of dead 

animals . . . ; the restraint . . . of a marine mammal, no matter 

how temporary; the negligent or intentional operation of an aircraft 

or vessel, or the doing of any other negligent or intentional act 

which results in disturbing or molesting a marine mammal; [or] the 

feeding or attempting to feed a marine mammal in the wild.’’ 6

Some scientists have suggested that the definition of ‘‘take’’ 

under the MMPA warrants re-evaluation. Critics believe that the 

definition, in its current form, may be ‘‘overly broad and encompassing, as well as unenforceable in many situations.’’ 7

The 1994 reauthorization of the MMPA re-defined the term ‘‘harassment’’ under the MMPA to include two levels of harassment— 

level A and level B.8 In general, ‘‘level A’’ refers to harassment with 

the potential to injure a marine mammal while ‘‘level B’’ includes 

harassment with the potential to disturb a marine mammal.9

However, some federal agencies have found it difficult in the past 

to enforce ‘‘level B’’ harassment, which leaves the public with much 

uncertainty as to what may constitute harassment.10 For instance, 

under this definition, it is unclear whether any recreational, commercial, or scientific activity simply noticed by a marine mammal 

qualifies as harassment under the MMPA.11

The MMPA does allow for the authorization of the taking of marine mammals incidental to activities if such action is expected to 

have only a negligible impact on the species. There are two types 

of authorizations that can be issued—a letter of authorization 

(LOA) and an incidental harassment authorization (IHA).12 A LOA 

is typically used for activities that may result in harassment for 

3 

13 Id. at 13. 14 Id. 15 Id. 16 Examining Deficiencies in Transparency at the Department of the Interior: Hearing Before 

the Subcomm. on Energy and Mineral Resources of the H. Comm. on Natural Res., 114th Cong. 

(2016) (statement of Peter Seidel, International Association of Geophysical Contractors), available at https://naturalresources.house.gov/uploadedfiles/seidel_testimony.pdf. 17 Examining the Impacts of Federal Natural Resources Laws Gone Astray, Part II: Hearing 

before the Subcomm. On Oversight and Investigations of the H. Comm. on Natural Res., 115th 

Cong. (2017) (statement of Nikki Martin, International Association of Geophysical Contractors), 

available at https://naturalresources.house.gov/uploadedfiles/testimony_martin _7.18.17.pdf. 18 Examining the Impacts of Federal Natural Resources Laws Gone Astray, Part II: Hearing 

before the Subcomm. On Oversight and Investigations of the H. Comm. on Natural Res., 115th 

Cong. (2017) (statement of Nikki Martin, International Association of Geophysical Contractors), 

available at https://naturalresources.house.gov/uploadedfiles/testimony_martin_7.18.17.pdf. 19GOV’T ACCOUNTABILITY OFFICE, GAO–18–60, OFFSHORE SEISMIC SURVEYS: ADDITIONAL

GUIDANCE NEEDED TO HELP ENSURE TIMELY REVIEWS (2017), p.12. 20 IAGC, Debunking Offshore Oil & Gas Exploration Myths: Seismic Surveys. Available at: 

http://www.iagc.org/uploads/4/5/0/7/45074397/iagc_debunking_offshore_oil_exploration_-_short_ 

final_final_11.14.17.pdf. 

multiple years or that may result in serious injury or mortality of 

marine mammals and are valid for up to five years.13 An IHA is 

typically used for activities that may result in harassment only and 

are valid for one year.14 These authorizations are often issued for 

activities that produce underwater disturbances or sounds, such as 

coastal and habitat restoration, construction, military sonar exercises, and geophysical surveys for research and offshore energy exploration.15

While the MMPA provides an opportunity for people and organizations to undertake activities that may cause harassment to marine mammals, the process to obtain an incidental take authorization is known to be very burdensome and time consuming.16 To 

avoid stalled applications, the law includes statutory deadlines for 

federal agencies processing IHA applications. However, industry 

members have testified before the Committee on Natural Resources 

that excessive periods of review continue, citing delays in excess of 

hundreds of days.17

In recent years, such bureaucratic delays have been inherent in 

the IHA permitting process. This led directly to poorly-informed decisions regarding offshore natural resource management.18 In addition to a geological and geophysical permit from the Bureau of 

Ocean Energy Management (BOEM), applicants for oil and gas exploration activities on the U.S. outer Continental Shelf must also 

secure an IHA, which is reviewed and permitted by NMFS or the 

FWS. 

Acoustic geological and geophysical testing uses mechanically 

generated sound waves to transit energy to the subsurface of the 

seafloor. The returning sound waves are captured by hydrophones, 

which record data of subsea geology and potential hydrocarbon reserves. These surveys are also conducted for research purposes, 

such as identifying earthquake fault zones. Due to the possibility 

that the sound generated by seismic testing may disturb marine 

mammals, an ITA is required for permitting in the outer Continental Shelf Atlantic and Alaskan waters.19 To date, there are no 

confirmed instances of harm or death to marine mammals, fish, or 

other marine life from these permitted activities.20

A recently published GAO Report found that NMFS and FWS 

failed in the most basic tasks, such as accurately recording application dates and timelines. IHA applications sat in these agencies, 

4 

21GOV’T ACCOUNTABILITY OFFICE, GAO–18–60, OFFSHORE SEISMIC SURVEYS: ADDITIONAL

GUIDANCE NEEDED TO HELP ENSURE TIMELY REVIEWS (2017), p.32. 22Legislative Hearing on H.R. 1308, Before the Subcomm. on Water and Power of the H. 

Comm. on Natural Res 113th Cong. (2013) (statement of Guy Norman, Regional Director of 

Washington Department of Fish and Wildlife), available at: https://naturalresources.house.gov/ 

uploadedfiles/normantestimony06-13-13.pdf. 23 Conservation Council for Hawaii, et al., v. National Marine Fisheries Service, et al. U.S. 

District Court for the District of Hawaii, filed March 31, 2015, available at: https:// 

www.scribd.com/document/260644325/2015-3-31-Amended-Order?irgwc=1&content=10079& 

campaignSkimbit%2C%20Ltd.&ad_group=38395X1559467X17235c8f19f8459160a5f80515dcb78e 

&keyword=ft750noi&source=impactradius&medium=affiliate. 24Legislative Hearing on H.R. 200, Before the Subcomm on Water, Power and Oceans of the 

H. Comm. on Natural Res 115th Cong. (2017) (statement of Chris Oliver, Assistant Administrator for the National Marine Fisheries Service, Dept. of Commerce), available at: https:// 

naturalresources.house.gov/uploadedfiles/testimony_oliver.pdf. 

sometimes for years.21 Because oil and gas resource estimates are 

an integral part of effective natural resource management, it is 

necessary to maintain a careful and accurate accounting of our nation’s resources. Federal agencies and companies rely directly on 

seismic information when making the policy and business decisions. 

In addition, ESA-listed species recovery efforts have also been 

hampered or delayed by the current IHA process. During a 2013 

Water, Power and Oceans Subcommittee hearing on marine mammal predation of ESA-listed salmon species in the Pacific Northwest, Mr. Norman, then-Regional Director of the Washington Department of Fish and Wildlife testified that, ‘‘[T]he conditions associated with the current requirements of Section 120 of the Marine 

Mammal Protection Act (MMPA) are challenging and expensive to 

implement, limited in scope, and legal challenges have slowed the 

progress in reducing impacts to salmon.’’ 22

Furthermore, a 2016 Federal Court of Appeals case revoked the 

U.S. Navy’s authorization to use sonar for critical national security 

training due to conflicts with take requirements under the 

MMPA.23

H.R. 3133, the Streamlining Environmental Approvals Act of 

2017 (the SEA Act of 2017), directly addresses these delays by 

making targeted, common-sense updates to the MMPA to increase 

regulatory efficiency and remove duplicative permitting requirements under federal law. These reforms support coastal habitat 

and species restoration, U.S. national security, and American energy independence. The provisions in H.R. 3133 also achieve the 

goals set forth by the Administration to increase efficiency and effectiveness of federal regulations, and particularly in simplifying 

compliance with multiple overlapping and often contradictory statutory mandates.24

The text of H.R. 3133 was included in H.R. 4239, the SECURE 

American Energy Act, ordered favorably reported by the Committee 

on Natural Resources on November 8, 2017. 

COMMITTEE ACTION

H.R. 3133 was introduced on June 29, 2017, by Congressman 

Mike Johnson (R–LA). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Water, Powers and Oceans. On January 10, 2018, the Natural 

Resources Committee met to consider the bill. The Subcommittee 

was discharged by unanimous consent. Congresswoman Nanette 

5 

Diaz Barraga ́n (D–CA) offered an amendment designated 002; it 

was not adopted by a roll call vote of 17 ayes to 20 noes, as follows: 

6 


Insert offset folio 6 here HR1030.001

Date: 01.10.18 

Committee on Natural Resources 

U.S. House of Representatives 

!15th Congress 

Recorded V otc #: 1 

Meeting on I Amendment on: FC Mark Up on Barragan_ 002 to H.R. 3133 

MEMBERS Yes No Pres MEMBERS 

Mr. Bishop, VT, Chairman X Mr.Cook,CA 

A1r.Gr{ialva, AZ, Ranking ~Member X Mr. Soto.FL 

Mr. Young, AK, Chairman Emeritus X Mr. Westerrnan,AR 

Mrs. Napolitano, CA X Mr. McEachin. VA 

Mr. Gohmert, TX, Vice Chairman Mr. Graves, LA 

Ms. Bordallo. Guam X Mr. Brown, MD 

Mr. Lamborn, CO X Mr.Hice,GA 

Mr. Costa, CA X Mr. Clay.MO 

Mr. Wittman, VA Mrs. Radcwagcn, AS 

Mr. Sablan, CNMI X Mr. Gomez, CA 

Mr. McClintock, CA X Mr. LaHood, IL 

Ms. Tsongas, MA X Mr. Webster, FL 

:\fr. Pearce, NM X Mr. Bergman, Ml 

Mr. Hl(((man, CA X Ms. Cheney, WY 

Mr. Thompson, PA X Mr. Johnson, LA 

Mr. Lowenthal. CA X Ms. Gonzalez-Colon, PR 

Mr. Gosar, AZ X ~r. Gianforte, MT 

Mr. Beyer. VA X 

Mr. Labrador, lD 

lvfrs. Torres, CA X 

Mr. Tipton, CO X 

Mr. Gallego, AZ X 

Mr. LaMalfa, CA X 

Ms. Hanabusa, HI 

Mr. Denham, CA X 

Ms. Barragtin, CA X TOTAL: 

Yes No Pres 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

17 20 
7 

Congressman Donald S. Beyer, Jr. (D–VA) offered an amendment 

designated 003; it was not adopted by a roll call vote of 17 ayes 

to 19 noes, as follows: 

8 


Insert offset folio 8 here HR1030.002

Date: 01.10.18 

Committee on Natural Resources 

U.S. House of Representatives 

115 th Congress 

Recorded Vote #: 2 

Meeting on I Amendment on: FC Mark Up on Beyer_003 to HR 3133 

MEMBERS Yes No Pres MEMBERS 

l\tlr. Bishop, UT, Chairman X Mr.Cook,CA 

A1r. Grijalva, AZ, Ranking Member X Mr. Soto, FL 

Mr. Young, AK, Chairman Emeritus X Mr. Westerman, AR 

Mrs. Napolitano, CA X Mr. McEachin, VA 

Mr. Gohmert, TX, Vice Chairman Mr. Graves, LA 

Ms. Bordallo, Guam X Mr. Brmvn, MD 

Mr. Lamborn, CO X Mr. llice, GA 

Mr. Costa, CA X Mr. Clay,MO 

Mr. Wittman, VA Mrs. Radewagen, AS 

Mr. Sablan, CNMI X Mr. Gomez, CA 

Mr. :\olcClintock, CA X Mr. LaHood, IL 

Ms. J:wngas, MA X Mr. Webster, f'L 

Mr. J>earce, NM X Mr. Bergman, MI 

Mr. lli;ffman, CA X Ms. Cheney, WY 

Mr. Thompson, PA X Mr. Johnson, LA 

Mr. Lowenthal, CA X Ms. Gonzalez-Colon, PR 

Mr. Gosar, AZ X Mr. Gianforte, MT 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mrs. Torres, CA X 

Mr. Tipton, CO i X 

Mr. Gallego, AZ X 

Mr. LaMalfa, CA X 

Afs. Hanabusa, HI 

Mr. Denham, CA 

M,. Barrag(m, CA X TOTAL: 

Yes No Pres 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

17 19 
9 

Congresswoman Madeleine Z. Bordallo (D–GU) offered an 

amendment designated 004; it was not adopted by voice vote. No 

additional amendments were offered and the bill was ordered favorably reported to the House of Representatives by voice vote. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation and the Congressional Budget Act of 1974. 

With respect to the requirements of clause 3(c)(2) and (3) of rule 

XIII of the Rules of the House of Representatives and sections 

308(a) and 402 of the Congressional Budget Act of 1974, the Committee has received the enclosed cost estimate for the bill from the 

Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, February 8, 2018. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3133, SEA Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Robert Reese. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 3133—SEA Act of 2017 

H.R. 3133 would amend the Marine Mammal Protection Act of 

1972 to expand the number of entities that may apply for permits 

to conduct research or build structures in offshore areas that could 

incidentally affect marine mammals. The bill would create 

timelines for the approval or rejection of such permit applications 

and would clarify that permits issued under the Marine Mammal 

Protection Act would satisfy similar permitting requirements under 

the Endangered Species Act of 1973. 

Using information from the National Oceanic and Atmospheric 

Administration, CBO estimates that the costs associated with reviewing permit applications under the bill would not be significant. 

Enacting H.R. 3133 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 3133 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 3133 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

10 

The CBO staff contact for this estimate is Robert Reese. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend the Marine Mammal Protection Act of 1972 

to reduce unnecessary permitting delays by clarifying associated 

procedures to increase economic development and support coastal 

restoration programs. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

MARINE MAMMAL PROTECTION ACT OF 1972 

* * * * * * * 

TITLE I—CONSERVATION AND PROTECTION OF MARINE 

MAMMALS 

MORATORIUM AND EXCEPTIONS

SEC. 101. (a) There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this Act, during which time no perVerDate Sep 11 2014 01:02 Nov 20, 2018 Jkt 089006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1030.XXX HR1030
11 

mit may be issued for the taking of any marine mammal and no 

marine mammal or marine mammal product may be imported into 

the United States except in the following cases: 

(1) Consistent with the provisions of section 104, permits 

may be issued by the Secretary for taking, and importation for 

purposes of scientific research, public display, photography for 

educational or commercial purposes, or enhancing the survival 

or recovery of a species or stock, or for importation of polar 

bear parts (other than internal organs) taken in sport hunts in 

Canada. Such permits, except permits issued under section 

104(c)(5), may be issued if the taking or importation proposed 

to be made is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under title II. The Commission and Committee shall recommend any proposed taking or importation, 

other than importation under section 104(c)(5), which is consistent with the purposes and policies of section 2 of this Act. 

If the Secretary issues such a permit for importation, the Secretary shall issue to the importer concerned a certificate to 

that effect in such form as the Secretary of the Treasury prescribes, and such importation may be made upon presentation 

of the certificate to the customs officer concerned. 

(2) Marine mammals may be taken incidentally in the course 

of commercial fishing operations and permits may be issued 

therefor under section 104 subject to regulations prescribed by 

the Secretary in accordance with section 103, or in lieu of such 

permits, authorizations may be granted therefor under section 

118, subject to regulations prescribed under that section by the 

Secretary without regard to section 103. Such authorizations 

may be granted under title III with respect to purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, 

subject to regulations prescribed under that title by the Secretary without regard to section 103. In any event it shall be 

the immediate goal that the incidental kill or incidental serious 

injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. The Secretary of the Treasury shall ban the importation of commercial 

fish or products from fish which have been caught with commercial fishing technology which results in the incidental kill 

or incidental serious injury of ocean mammals in excess of 

United States standards. For purposes of applying the preceding sentence, the Secretary— 

(A) shall insist on reasonable proof from the government 

of any nation from which fish or fish products will be exported to the United States of the effects on ocean mammals of the commercial fishing technology in use for such 

fish or fish products exported from such nation to the 

United States; 

(B) in the case of yellowfin tuna harvested with purse 

seine nets in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall 

require that the government of the exporting nation provide documentary evidence that— 

12 

(i)(I) the tuna or products therefrom were not 

banned from importation under this paragraph before 

the effective date of section 4 of the International Dolphin Conservation Program Act; or 

(II) the tuna or products therefrom were 

harvested after the effective date of section 4 of the 

International Dolphin Conservation Program Act by 

vessels of a nation which participates in the International Dolphin Conservation Program, and such 

harvesting nation is either a member of the InterAmerican Tropical Tuna Commission or has initiated 

(and within 6 months thereafter completed) all steps 

required of applicant nations, in accordance with article V, paragraph 3 of the Convention establishing the 

Inter-American Tropical Tuna Commission, to become 

a member of that organization; 

(ii) such nation is meeting the obligations of the 

International Dolphin Conservation Program and the 

obligations of membership in the Inter-American Tropical Tuna Commission, including all financial obligations; and 

(iii) the total dolphin mortality limits, and per-stock 

per-year dolphin mortality limits permitted for that 

nation’s vessels under the International Dolphin Conservation Program do not exceed the limits determined 

for 1997, or for any year thereafter, consistent with 

the objective of progressively reducing dolphin mortality to a level approaching zero through the setting 

of annual limits and the goal of eliminating dolphin 

mortality, and requirements of the International Dolphin Conservation Program; 

(C) shall not accept such documentary evidence if— 

(i) the government of the harvesting nation does not 

provide directly or authorize the Inter-American Tropical Tuna Commission to release complete and accurate information to the Secretary in a timely manner— 

(I) to allow determination of compliance with 

the International Dolphin Conservation Program; 

and 

(II) for the purposes of tracking and verifying 

compliance with the minimum requirements established by the Secretary in regulations promulgated under subsection (f) of the Dolphin Protection Consumer Information Act (16 U.S.C. 

1385(f)); or 

(ii) after taking into consideration such information, 

findings of the Inter-American Tropical Tuna Commission, and any other relevant information, including information that a nation is consistently failing to take 

enforcement actions on violations which diminish the 

effectiveness of the International Dolphin Conservation Program, the Secretary, in consultation with the 

Secretary of State, finds that the harvesting nation is 

13 

not in compliance with the International Dolphin Conservation Program. 

(D) shall require the government of any intermediary 

nation to certify and provide reasonable proof to the Secretary that it has not imported, within the preceding six 

months, any yellowfin tuna or yellowfin tuna products that 

are subject to a direct ban on importation to the United 

States under subparagraph (B); 

(E) shall, six months after importation of yellowfin tuna 

or tuna products has been banned under this section, certify such fact to the President, which certification shall be 

deemed to be a certification for the purposes of section 8(a) 

of the Fishermen’s Protective Act of 1967 (22 U.S.C. 

1978(a)) for as long as such ban is in effect; and 

(F)(i) except as provided in clause (ii), in the case of fish 

or products containing fish harvested by a nation whose 

fishing vessels engage in high seas driftnet fishing, shall 

require that the government of the exporting nation provide documentary evidence that the fish or fish product 

was not harvested with a large-scale driftnet in the South 

Pacific Ocean after July 1, 1991, or in any other water of 

the high seas after January 1, 1993, and 

(ii) in the case of tuna or a product containing tuna harvested by a nation whose fishing vessels engage in high 

seas driftnet fishing, shall require that the government of 

the exporting nation provide documentary evidence that 

the tuna or tuna product was not harvested with a largescale driftnet anywhere on the high seas after July 1, 

1991. 

For purposes of subparagraph (F), the term ‘‘driftnet’’ has the 

meaning given such term in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (16 

U.S.C. 1822 note), except that, until January 1, 1994, the term 

‘‘driftnet’’ does not include the use in the northeast Atlantic 

Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by 

the European Community pursuant to the October 28, 1991, 

decision by the Council of Fisheries Ministers of the Community. 

(3)(A) The Secretary, on the basis of the best scientific evidence available and in consultation with the Marine Mammal 

Commission, is authorized and directed, from time to time, 

having due regard to the distribution, abundance, breeding 

habits, and times and lines of migratory movements of such 

marine mammals, to determine when, to what extent, if at all, 

and by what means, it is compatible with this Act to waive the 

requirements of this section so as to allow taking, or importing 

of any marine mammal, or any marine mammal product, and 

to adopt suitable regulations, issue permits, and make determinations in accordance with sections 102, 103, 104, and 111 

of this title permitting and governing such taking and importing, in accordance with such determinations: Provided, however, That the Secretary, in making such determinations, must 

be assured that the taking of such marine mammal is in accord 

with sound principles of resource protection and conservation 

14 

as provided in the purposes and policies of this Act: Provided 

further, however, That no marine mammal or no marine mammal product may be imported into the United States unless the 

Secretary certifies that the program for taking marine mammals in the country of origin is consistent with the provisions 

and policies of this Act. Products of nations not so certified 

may not be imported into the United States for any purpose, 

including processing for exportation. 

(B) Except for scientific research purposes, photography for 

educational or commercial purposes, or enhancing the survival 

or recovery of a species or stock as provided for in paragraph 

(1) of this subsection, or as provided for under paragraph (5) 

of this subsection, during the moratorium no permit may be 

issued for the taking of any marine mammal which has been 

designated by the Secretary as depleted, and no importation 

may be made of any such mammal. 

(4)(A) Except as provided in subparagraphs (B) and (C), the 

provisions of this Act shall not apply to the use of measures— 

(i) by the owner of fishing gear or catch, or an employee 

or agent of such owner, to deter a marine mammal from 

damaging the gear or catch; 

(ii) by the owner of other private property, or an agent, 

bailee, or employee of such owner, to deter a marine mammal from damaging private property; 

(iii) by any person, to deter a marine mammal from endangering personal safety; or 

(iv) by a government employee, to deter a marine mammal from damaging public property, 

so long as such measures do not result in the death or serious 

injury of a marine mammal. 

(B) The Secretary shall, through consultation with appropriate experts, and after notice and opportunity for public comment, publish in the Federal Register a list of guidelines for 

use in safely deterring marine mammals. In the case of marine 

mammals listed as endangered species or threatened species 

under the Endangered Species Act of 1973, the Secretary shall 

recommend specific measures which may be used to nonlethally deter marine mammals. Actions to deter marine mammals consistent with such guidelines or specific measures shall 

not be a violation of this Act. 

(C) If the Secretary determines, using the best scientific information available, that certain forms of deterrence have a 

significant adverse effect on marine mammals, the Secretary 

may prohibit such deterrent methods, after notice and opportunity for public comment, through regulation under this Act. 

(D) The authority to deter marine mammals pursuant to 

subparagraph (A) applies to all marine mammals, including all 

stocks designated as depleted under this Act. 

(5)(A)(i) Upon request therefor by citizens of the United 

States who engage in a specified activity (other than commercial fishing) within a specified geographical region, the Secretary shall allow, during periods of not more than five consecutive years each, the incidental, but not intentional, taking 

by citizens while engaging in that activity within that region 

of small numbers of marine mammals of a species or popuVerDate Sep 11 2014 01:02 Nov 20, 2018 Jkt 089006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1030.XXX HR1030
15 

lation stock if the Secretary, after notice (in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the coastal areas that may be affected by such activity) and opportunity for public comment— 

(I) finds that the total of such taking during each fiveyear (or less) period concerned will have a negligible impact on such species or stock and will not have an 

unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses pursuant to 

subsection (b) or section 109(f) or, in the case of a cooperative agreement under both this Act and the Whaling Convention Act of 1949, pursuant to section 112(c); and 

(II) prescribes regulations setting forth 

(aa) permissible methods of taking pursuant to such 

activity, and other means of effecting the least practicable adverse impact on such species or stock and its 

habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on 

the availability of such species or stock for subsistence 

uses; and 

(bb) requirements pertaining to the monitoring and 

reporting of such taking. 

(ii) For a military readiness activity (as defined in section 

315(f) of Public Law 107–314; 16 U.S.C. 703 note), a determination of ‘‘least practicable adverse impact on such species 

or stock’’ under clause (i)(II)(aa) shall include consideration of 

personnel safety, practicality of implementation, and impact on 

the effectiveness of the military readiness activity. Before making the required determination, the Secretary shall consult 

with the Department of Defense regarding personnel safety, 

practicality of implementation, and impact on the effectiveness 

of the military readiness activity. 

(iii) Notwithstanding clause (i), for any authorization affecting a military readiness activity (as defined in section 315(f) of 

Public Law 107–314; 16 U.S.C. 703 note), the Secretary shall 

publish the notice required by such clause only in the Federal 

Register. 

(B) The Secretary shall withdraw, or suspend for a time certain (either on an individual or class basis, as appropriate) the 

permission to take marine mammals under subparagraph (A) 

pursuant to a specified activity within a specified geographical 

region if the Secretary finds, after notice and opportunity for 

public comment (as required under subparagraph (A) unless 

subparagraph (C)(i) applies), that— 

(i) the regulations prescribed under subparagraph (A) regarding methods of taking, monitoring, or reporting are 

not being substantially complied with by a person engaging in such activity; or 

(ii) the taking allowed under subparagraph (A) pursuant 

to one or more activities within one or more regions is having, or may have, more than a negligible impact on the 

species or stock concerned. 

(C)(i) The requirement for notice and opportunity for public 

comment in subparagraph (B) shall not apply in the case of a 

suspension of permission to take if the Secretary determines 

16 

that an emergency exists which poses a significant risk to the 

well-being of the species or stock concerned. 

(ii) Sections 103 and 104 shall not apply to the taking of marine mammals under the authority of this paragraph. 

(D)(i) Upon request therefor by øcitizens of the United 

States¿ persons who engage in a specified activity (other than 

commercial fishing) øwithin a specific geographic region¿, the 

Secretary shall authorize, for periods of not more than 1 year, 

subject to such conditions as the Secretary may specify, the incidental, but not intentional, taking by harassment øof small 

numbers¿ of marine mammals of a species or population stock 

by øsuch citizens¿ such persons while engaging in that activity 

øwithin that region¿ if the Secretary finds that such harassment during each period concerned— 

(I) will have a negligible impact on such species or stock, 

and 

(II) will not have an unmitigable adverse impact on the 

availability of such species or stock for taking for subsistence uses pursuant to subsection (b), or section 109(f) or 

pursuant to a cooperative agreement under section 119. 

(ii) The authorization for such activity shall prescribe, where 

applicable— 

(I) permissible methods of taking by harassment pursuant to such activityø, and other means of effecting the 

least practicable impact on such species or stock and its 

habitat¿, paying particular attention to rookeries, mating 

grounds, and areas of similar significance, and on the 

availability of such species or stock for taking for subsistence uses pursuant to subsection (b) or section 109(f) or 

pursuant to a cooperative agreement under section 119, 

(II) the measures that the Secretary determines are necessary to ensure no unmitigable adverse impact on the 

availability of the species or stock for taking for subsistence uses pursuant to subsection (b) or section 109(f) or 

pursuant to a cooperative agreement under section 119, 

and 

(III) ørequirements pertaining to the monitoring and reporting of such taking by harassment, including¿ efficient 

and practical requirements pertaining to the monitoring of 

such taking by harassment while the activity is being conducted and the reporting of such taking, including, as the 

Secretary determines necessary, requirements for the independent peer review of proposed monitoring plans or other 

research proposals where the proposed activity may affect 

the availability of a species or stock for taking for subsistence uses pursuant to subsection (b) or section 109(f) or 

pursuant to a cooperative agreement under section 119. 

Any condition imposed pursuant to subclause (I), (II), or (III) may 

not result in more than a minor change to the specified activity and 

may not alter the basic design, location, scope, duration, or timing 

of the specified activity. 

(iii) The Secretary shall publish a proposed authorization not 

later than 45 days after øreceiving an application under this 

subparagraph¿ an application is accepted or required to be considered complete under subclause (I)(aa), (II)(aa), or (IV) of 

17 

clause (viii), as applicable, and request public comment 

through notice in the Federal Register, newspapers of general 

circulation, and appropriate electronic media and to all locally 

affected communities for a period of 30 days after publication. 

Not later than 45 days after the close of the public comment 

period, if the Secretary makes the findings set forth in clause 

(i), the Secretary shall issue an authorization with appropriate 

conditions to meet the requirements of clause (ii). 

(iv) The Secretary shall modify, suspend, or revoke an authorization if the Secretary finds that the provisions of clauses 

(i) or (ii) are not being met. 

(v) A person conducting an activity for which an authorization has been granted under this subparagraph shall not be 

subject to the penalties of this Act for taking by harassment 

that occurs in compliance with such authorization. 

(vi) For a military readiness activity (as defined in section 

315(f) of Public Law 107–314; 16 U.S.C. 703 note),øa determination of ‘‘least practicable adverse impact on such species 

or stock’’ under clause (i)(I)¿ conditions imposed under subclause (I), (II), or (III) of clause (ii) shall include consideration 

of personnel safety, practicality of implementation, and impact 

on the effectiveness of the military readiness activity. Before 

making the required determination, the Secretary shall consult 

with the Department of Defense regarding personnel safety, 

practicality of implementation, and impact on the effectiveness 

of the military readiness activity. 

(vii) Notwithstanding clause (iii), for any authorization affecting a military readiness activity (as defined in section 

315(f) of Public Law 107–314; 16 U.S.C. 703 note), the Secretary shall publish the notice required by such clause only in 

the Federal Register. 

(viii)(I) The Secretary shall— 

(aa) accept as complete a written request for authorization 

under this subparagraph for incidental taking described in 

clause (i), by not later than 45 days after the date of submission 

of the request; or 

(bb) provide to the requester, by not later than 15 days after 

the date of submission of the request, a written notice describing any additional information required to complete the request. 

(II) If the Secretary provides notice under subclause (I)(bb), the 

Secretary shall, by not later than 30 days after the date of submission of the additional information described in the notice— 

(aa) accept the written request for authorization under this 

subparagraph for incidental taking described in clause (i); or 

(bb) deny the request and provide the requester a written explanation of the reasons for the denial. 

(III) The Secretary may not make a second request for information, request that the requester withdraw and resubmit the request, 

or otherwise delay a decision on the request. 

(IV) If the Secretary fails to respond to a request for authorization 

under this subparagraph in the manner provided in subclause (I) 

or (II), the request shall be considered to be complete. 

(ix)(I) At least 90 days before the expiration of any authorization 

issued under this subparagraph, the holder of such authorization 

18 

may apply for a one-year extension of such authorization. The Secretary shall grant such extension within 14 days after the date of 

such request on the same terms and without further review if there 

has been no substantial change in the activity carried out under 

such authorization nor in the status of the marine mammal species 

or stock, as applicable, as reported in the final annual stock assessment reports for such species or stock. 

(II) In subclause (I) the term ‘‘substantial change’’ means a 

change that prevents the Secretary from making the required findings to issue an authorization under clause (i) with respect to such 

species or stock. 

(III) The Secretary shall notify the applicant of such substantial 

changes with specificity and in writing within 14 days after the applicant’s submittal of the extension request. 

(x) If the Secretary fails to make the required findings and, as appropriate, issue the authorization within 120 days after the application is accepted or required to be considered complete under subclause (I)(aa), (II)(aa), or (III) of clause (viii), as applicable, the authorization is deemed to have been issued on the terms stated in the 

application and without further process or restrictions under this 

Act. 

(xi) Any taking of a marine mammal in compliance with an authorization under this subparagraph is exempt from the prohibition 

on taking in section 9 of the Endangered Species Act of 1973 (16 

U.S.C. 1538). Any Federal agency authorizing, funding, or carrying 

out an action that results in such taking, and any agency action authorizing such taking, is exempt from the requirement to consult regarding potential impacts to marine mammal species or designated 

critical habitat under section 7(a)(2) of such Act (16 U.S.C. 

1536(a)(2)). 

(E)(i) During any period of up to 3 consecutive years, the 

Secretary shall allow the incidental, but not the intentional, 

taking by persons using vessels of the United States or vessels 

which have valid fishing permits issued by the Secretary in accordance with section 204(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)), while engaging in commercial fishing operations, of marine mammals 

from a species or stock designated as depleted because of its 

listing as an endangered species or threatened species under 

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) if 

the Secretary, after notice and opportunity for public comment, 

determines that— 

(I) the incidental mortality and serious injury from commercial fisheries will have a negligible impact on such species or stock; 

(II) a recovery plan has been developed or is being developed for such species or stock pursuant to the Endangered 

Species Act of 1973; and 

(III) where required under section 118, a monitoring program is established under subsection (d) of such section, 

vessels engaged in such fisheries are registered in accordance with such section, and a take reduction plan has been 

developed or is being developed for such species or stock. 

(ii) Upon a determination by the Secretary that the requirements of clause (i) have been met, the Secretary shall publish 

19 

in the Federal Register a list of those fisheries for which such 

determination was made, and, for vessels required to register 

under section 118, shall issue an appropriate permit for each 

authorization granted under such section to vessels to which 

this paragraph applies. Vessels engaged in a fishery included 

in the notice published by the Secretary under this clause 

which are not required to register under section 118 shall not 

be subject to the penalties of this Act for the incidental taking 

of marine mammals to which this paragraph applies, so long 

as the owner or master of such vessel reports any incidental 

mortality or injury of such marine mammals to the Secretary 

in accordance with section 118. 

(iii) If, during the course of the commercial fishing season, 

the Secretary determines that the level of incidental mortality 

or serious injury from commercial fisheries for which a determination was made under clause (i) has resulted or is likely to 

result in an impact that is more than negligible on the endangered or threatened species or stock, the Secretary shall use 

the emergency authority granted under section 118 to protect 

such species or stock, and may modify any permit granted 

under this paragraph as necessary. 

(iv) The Secretary may suspend for a time certain or revoke 

a permit granted under this subparagraph only if the Secretary 

determines that the conditions or limitations set forth in such 

permit are not being complied with. The Secretary may amend 

or modify, after notice and opportunity for public comment, the 

list of fisheries published under clause (ii) whenever the Secretary determines there has been a significant change in the 

information or conditions used to determine such list. 

(v) Sections 103 and 104 shall not apply to the taking of marine mammals under the authority of this subparagraph. 

(vi) This subparagraph shall not govern the incidental taking 

of California sea otters and shall not be deemed to amend or 

repeal the Act of November 7, 1986 (Public Law 99–625; 100 

Stat. 3500). 

(F) Notwithstanding the provisions of this subsection, any 

authorization affecting a military readiness activity (as defined 

in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note) 

shall not be subject to the following requirements: 

(i) In subparagraph (A), ‘‘within a specified geographical 

region’’ and ‘‘within that region of small numbers’’. 

(ii) In subparagraph (B), ‘‘within a specified geographical 

region’’ and ‘‘within one or more regions’’. 

(iii) In subparagraph (D), ‘‘within a specific geographic 

region’’, ‘‘of small numbers’’, and ‘‘within that region’’. 

(6)(A) A marine mammal product may be imported into the 

United States if the product— 

(i) was legally possessed and exported by any citizen of 

the United States in conjunction with travel outside the 

United States, provided that the product is imported into 

the United States by the same person upon the termination of travel; 

(ii) was acquired outside of the United States as part of 

a cultural exchange by an Indian, Aleut, or Eskimo residing in Alaska; or 

20 

(iii) is owned by a Native inhabitant of Russia, Canada, 

or Greenland and is imported for noncommercial purposes 

in conjunction with travel within the United States or as 

part of a cultural exchange with an Indian, Aleut, or Eskimo residing in Alaska. 

(B) For the purposes of this paragraph, the term— 

(i) ‘‘Native inhabitant of Russia, Canada, or Greenland’’ 

means a person residing in Russia, Canada, or Greenland 

who is related by blood, is a member of the same clan or 

ethnological grouping, or shares a common heritage with 

an Indian, Aleut, or Eskimo residing in Alaska; and 

(ii) ‘‘cultural exchange’’ means the sharing or exchange 

of ideas, information, gifts, clothing, or handicrafts between an Indian, Aleut, or Eskimo residing in Alaska and 

a Native inhabitant of Russia, Canada, or Greenland, including rendering of raw marine mammal parts as part of 

such exchange into clothing or handicrafts through carving, painting, sewing, or decorating. 

(b) Except as provided in section 109, the provisions of this Act 

shall not apply with respect to the taking of any marine mammal 

by any Indian, Aleut, or Eskimo who resides in Alaska and who 

dwells on the coast of the North Pacific Ocean or the Arctic Ocean 

if such taking— 

(1) is for subsistence purposes; or 

(2) is done for purposes of creating and selling authentic native articles of handicrafts and clothing: Provided, That only 

authentic native articles of handicrafts and clothing may be 

sold in interstate commerce: And provided further, That any 

edible portion of marine mammals may be sold in native villages and towns in Alaska or for native consumption. For the 

purposes of this subsection, the term ‘‘authentic native articles 

of handicrafts and clothing’’ means items composed wholly or 

in some significant respect of natural materials, and which are 

produced, decorated, or fashioned in the exercise of traditional 

native handicrafts without the use of panto-graphs, multiple 

carvers, or other mass copying devices. Traditional native 

handicrafts include, but are not limited to weaving, carving, 

stitching, sewing, lacing, beading, drawing, and painting; and 

(3) in each case, is not accomplished in a wasteful manner. 

Notwithstanding the preceding provisions of this subsection, when, 

under this Act, the Secretary determines any species or stock of 

marine mammal subject to taking by Indians, Aleuts, or Eskimos 

to be depleted, he may prescribe regulations upon thetaking of such 

marine mammals by any Indian, Aleut, or Eskimo described in this 

subsection. Such regulations may be established with reference to 

species or stocks, geographical description of the area included, the 

season for taking, or any other factors related to the reason for establishing such regulations and consistent with the purposes of this 

Act. Such regulations shall be prescribed after notice and hearing 

required by section 103 of this title and shall be removed as soon 

as the Secretary determines that the need for their imposition has 

disappeared. In promulgating any regulation or making any assessment pursuant to a hearing or proceeding under this subsection or 

section 117(b)(2), or in making any determination of depletion 

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21 

pacts under subsection (a)(5) that affects stocks or persons to which 

this subsection applies, the Secretary shall be responsible for demonstrating that such regulation, assessment, determination, or 

finding is supported by substantial evidence on the basis of the 

record as a whole. The preceding sentence shall only be applicable 

in an action brought by one or more Alaska Native organizations 

representing persons to which this subsection applies. 

(c) It shall not be a violation of this Act to take a marine mammal if such taking is imminently necessary in self-defense or to 

save the life of a person in immediate danger, and such taking is 

reported to the Secretary within 48 hours. The Secretary may seize 

and dispose of any carcass. 

(d) GOOD SAMARITAN EXEMPTION.—It shall not be a violation of 

this Act to take a marine mammal if— 

(1) such taking is imminently necessary to avoid serious injury, additional injury, or death to a marine mammal entangled in fishing gear or debris; 

(2) reasonable care is taken to ensure the safe release of the 

marine mammal, taking into consideration the equipment, expertise, and conditions at hand; 

(3) reasonable care is exercised to prevent any further injury 

to the marine mammal; and 

(4) such taking is reported to the Secretary within 48 hours. 

(e) ACT NOT TO APPLY TO INCIDENTAL TAKINGS BY UNITED

STATES CITIZENS EMPLOYED ON FOREIGN VESSELS OUTSIDE THE

UNITED STATES EEZ.—The provisions of this Act shall not apply to 

a citizen of the United States who incidentally takes any marine 

mammal during fishing operations outside the United States exclusive economic zone (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) 

when employed on a foreign fishing vessel of a harvesting nation 

which is in compliance with the International Dolphin Conservation Program. 

(f) EXEMPTION OF ACTIONS NECESSARY FOR NATIONAL DEFENSE.—(1) The Secretary of Defense, after conferring with the Secretary of Commerce, the Secretary of the Interior, or both, as appropriate, may exempt any action or category of actions undertaken 

by the Department of Defense or its components from compliance 

with any requirement of this Act, if the Secretary determines that 

it is necessary for national defense. 

(2) An exemption granted under this subsection— 

(A) subject to subparagraph (B), shall be effective for a period specified by the Secretary of Defense; and 

(B) shall not be effective for more than 2 years. 

(3)(A) The Secretary of Defense may issue additional exemptions 

under this subsection for the same action or category of actions, 

after— 

(i) conferring with the Secretary of Commerce, the Secretary 

of the Interior, or both as appropriate; and 

(ii) making a new determination that the additional exemption is necessary for national defense. 

(B) Each additional exemption under this paragraph shall be effective for a period specified by the Secretary of Defense, of not 

more than 2 years. 

22 

(4) Not later than 30 days after issuing an exemption under 

paragraph (1) or an additional exemption under paragraph (3), the 

Secretary of Defense shall submit to the Committee on Armed 

Services of the House of Representatives and the Committee on 

Armed Services of the Senate notice describing the exemption and 

the reasons therefor. The notice may be provided in classified form 

if the Secretary of Defense determines that use of the classified 

form is necessary for reasons of national security. 

* * * * * * * 

(23) 

DISSENTING VIEWS 

H.R. 3133 would weaken key elements of the Marine Mammal 

Protection Act (MMPA). We oppose this bill because it provides a 

free pass to the oil and gas industry at the risk of marine mammals, coastal economies, and healthy oceans. 

Congress first enacted the MMPA to protect all marine mammals 

in response to declines caused by human activities, and it has 

worked successfully for over 40 years. The MMPA ensures that activities that may result in incidental harm or take of marine mammals are thoroughly reviewed, rather than permitted through the 

expedited and inadequate process proposed by this bill. Activities 

such as seismic airgun testing used for oil and gas exploration, offshore drilling, sonar, and geophysical surveys can all affect marine 

mammals. While the Majority falsely claims that these activities 

have not killed any marine mammals, the best available science 

shows there can be longterm negative impacts on several marine 

mammal species. 

This bill would undermine critical protections under the MMPA 

by striking the conditions required for permitted activities. It 

would allow for unmitigated incidental harm, that is, without the 

current safeguards that would allow for the ‘‘least practicable impact on such species or stock,’’ among other things. It would further 

limit mitigation for any incidental losses and requirements for 

monitoring. These legislative changes would allow industry to continue their activities with oversight of their impacts only if it was 

‘‘efficient and practical.’’ Lastly, H.R. 3133 would waive requirements for take and consultation under the Endangered Species Act 

(ESA) for any threatened or endangered marine mammals. The 

ESA has been critical to the recovery of several populations of marine mammals and is needed to protect other species from extinction. 

Democratic amendments to the bill represented the broad opposition to offshore activities that would endanger marine mammals 

and coastal communities. Representatives Nanette Diaz Barraga ́n 

(D, CA) and Donald S. Beyer (D, VA) offered amendments that 

would protect Pacific and Atlantic coastal communities, respectively, from the harmful impacts of this bill. Representative Madeleine Bordallo (D, GU) offered an amendment that would have excluded the Gulf of Mexico from H.R. 3133 in order to protect offshore and near-shore marine mammal populations in the Gulf of 

Mexico, which are still recovering from the severe impacts of the 

Deepwater Horizon oil spill. All three of these amendments were 

rejected by the majority. 

24 

For the reasons stated above, we oppose this bill because it 

would significantly weaken the MMPA, a bedrock environmental 

law, and cause great harm to marine mammal populations. 

RAU ́ L M. GRIJALVA, 

Ranking Member. 

MADELEINE BORDALLO. 

DONALD S. BEYER, JR. 

GRACE F. NAPOLITANO. 

JARED HUFFMAN. 

NANETTE DIAZ BARRAGA ́ N. 

Æ