149 
‘‘(b) MONITORING OF CLIMATE IMPACTS.—The Sec-
retary shall establish a program to monitor the adverse 
impacts of climate change on marine mammals. The pur-
poses of the monitoring program shall be to— 
‘‘(1) improve models of projected future 
changes in marine mammal distribution and den-
sities resulting from climate change; 
‘‘(2) identify and monitor interactions with fish-
eries 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 pop-
ulation 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 pop-
ulation 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— 
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‘‘(1) publish in the Federal Register for public 
comment, for a period of not less than 60 days, reg-
ulations for listing marine mammal species and pop-
ulation 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 cli-
mate change and human activities on such species 
and stocks, including— 
‘‘(A) direct and indirect mortality and seri-
ous injury; 
‘‘(B) loss or degradation of habitat; 
‘‘(C) changes in the distribution or avail-
ability of prey; 
‘‘(D) changes in the distribution of marine 
mammal species and population stocks; 
‘‘(E) decreased genetic diversity or repro-
ductive success; 
‘‘(F) increased susceptibility to pathogens; 
and 
‘‘(G) increased likelihood of interactions 
with fisheries and other human activities; and 
‘‘(2) no later than 90 days after the close of the 
period for such public comment, publish in the Fed-
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151 
eral Register final regulations for listing marine 
mammals as required by paragraph (a), to be re-
viewed at least once every three years. 
‘‘(d) LACK OF QUANTITATIVE INFORMATION.—The 
lack of quantitative information shall not be a basis for 
a determination under subsection (c) that a species or pop-
ulation 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 RE-
MOVAL.— 
‘‘(1) The Secretary, in estimating the potential 
biological removal level in stock assessments pre-
pared in accordance with section 117, shall take ac-
count of the adverse impacts of climate change in 
determining the recovery factor applied to each 
stock. 
‘‘(2) The Secretary, in preparing stock assess-
ments in accordance with section 117, shall reexam-
ine the stock definition and geographic range of ma-
rine mammal species and population stocks to iden-
tify climate-related changes in spatial distribution 
and stock definition and to identify how such 
changes may affect human impacts to the species. 
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152 
‘‘(f) AUTHORITY TO ENTER INTO AGREEMENTS.— 
The Secretary shall— 
‘‘(1) periodically review the status of agree-
ments with foreign governments under section 
108(a) concerning the management of transbound-
ary 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 con-
strued to limit or restrict any other responsibility of the 
Secretary or of any other person under this Act or any 
other statute.’’. 
(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.’’. 
SEC. 802. VESSEL SPEED RESTRICTIONS IN MARINE MAM-
MAL HABITAT. 
(a) IN GENERAL.—The Administrator shall, in co-
ordination with the Commandant of the Coast Guard and 
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applying the best available scientific information, shall 
designate areas of importance to marine mammals and es-
tablish for each such area a seasonal or year-round man-
datory vessel speed limit of 10 knots or less for all vessels 
greater than or equal to 49 feet in overall length operating 
in such area. 
(b) AREAS OF IMPORTANCE.—Areas to be designated 
under subsection (a)— 
(1) shall include— 
(A) 
the 
important 
feeding, 
breeding, 
calving, rearing, or migratory habitat for stra-
tegic stocks of marine mammals, including all 
areas designated as critical habitat for any ma-
rine mammal under section 4 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533); 
and 
(B) areas of high marine mammal mor-
tality, injury, or harassment, including the dis-
ruption of vocalization patterns and masking of 
biologically important sounds, caused by vessel 
ship strikes or underwater vessel noise; and 
(2) may include— 
(A) any area designated as a National Ma-
rine Sanctuary, National Marine Monument, 
National Park, or National Wildlife Refuge; and 
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