149 
‘‘(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 with-
in 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 re-
vised list in the Federal Register. 
‘‘(B) Within 12 months after receiving the peti-
tion 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 
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deemed warranted, the Secretary shall publish at the 
same time the revision adding such species or popu-
lation stock. 
‘‘(3) The list published under paragraph (1), and 
any revisions thereto made in accordance with para-
graph (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)(C). 
‘‘(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 for which, as determined under paragraph (3), 
such a plan will promote the conservation of the spe-
cies or stocks that is— 
‘‘(I) within 18 months after the listing for 
those species or population stocks listed under 
paragraph (1)(A); 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 Ma-
rine Mammal Commission and, as appropriate, other 
Federal agencies, and shall be made available for pub-
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lic 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 manage-
ment 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, imple-
ment the conservation and management measures 
identified in the plan. 
‘‘(B) Each management plan under subpara-
graph (A) shall include a comprehensive strategy for 
conserving and recovering such marine mammal 
stocks and species given the anticipated direct and in-
direct effects of climate change and increasing resil-
iency 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 pop-
ulation stocks and their prey; 
‘‘(ii) monitor, reduce, and prevent inter-
actions with fisheries and other human activities 
that may occur as a result of changes in marine 
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mammal distribution or other indirect effects of 
climate change; 
‘‘(iii) increase resiliency by materially re-
ducing 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 avail-
ability of prey to such species and population 
stocks; and 
‘‘(iv) take any other action as may be nec-
essary to implement the strategy set forth in the 
plan. 
‘‘(C) Each management plan under subpara-
graph (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 con-
sultation with and with the assistance of the Admin-
istrator, utilize their authorities in furtherance of the 
strategy and conservation and management measures 
set forth in climate impact management plans devel-
oped under this subsection and ensure that their ac-
tions do not conflict or interfere with the objectives of 
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such management plans. The Administrator shall con-
sult with the Marine Mammal Commission and, as 
may be warranted, other agencies in the implementa-
tion of such 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 
management plans, such agency shall, in consultation 
with the Secretary, ensure that such action is con-
sistent with the management plans. To the extent that 
it is impossible for such action to be consistent with 
the management plan, the Secretary shall require 
measures to minimize any such conflicts, in addition 
to any other measures required by law, and the agen-
cy shall adopt such measures required by the Sec-
retary. 
‘‘(E) When appropriate, the Secretary may, and 
is encouraged to, integrate climate impact manage-
ment plans into conservation plans adopted under 
section 115(b) or recovery plans adopted under sec-
tion 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 
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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 adop-
tion of the initial plans and regulations. 
‘‘(5) The Secretary shall report to Congress four 
years after the date of the enactment of this section, 
and every 2 years thereafter, on— 
‘‘(A) actions taken to implement this sec-
tion; 
‘‘(B) any backlog in meeting the schedule 
set forth in this subsection for adopting, review-
ing, and implementing climate impact manage-
ment 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 rec-
ommendations for improving the process or the 
applicable legislation. 
‘‘(b) MONITORING OF CLIMATE IMPACTS.—The Ad-
ministrator 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— 
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‘‘(1) improve models of projected future changes 
in marine mammal distribution and densities result-
ing 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 popu-
lation 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 popu-
lation 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, regu-
lations for listing marine mammal species and popu-
lation stocks adversely impacted by climate change, 
alone or in combination or interaction with other fac-
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tors, as described in paragraphs (1) and (2) of sub-
section (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 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-
eral Register final regulations for listing marine 
mammals as required by subsection (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 deter-
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mination under subsection (c) that a species or population 
stock is not adversely impacted by climate change, alone 
or in combination or interaction with other factors, as de-
scribed 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 prepared 
in accordance with section 117, shall consider the ad-
verse 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 reexamine 
the stock definition and geographic range of marine 
mammal species and population stocks to identify cli-
mate-related changes in spatial distribution and stock 
definition and to identify how such changes may af-
fect 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) con-
cerning the management of transboundary marine 
mammal species and population stocks, and their 
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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. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) There is authorized to be appropriated to 
the Secretary carry out this section, $5,000,000 for 
each of fiscal years 2022 through 2026. 
‘‘(2) There is authorized to be appropriated to 
the Marine Mammal Commission to carry out this 
section, $1,000,000 for each of fiscal years 2022 
through 2026.’’. 
(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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SEC. 702. VESSEL RESTRICTIONS IN MARINE MAMMAL HABI-
TAT. 
(a) IN GENERAL.—The Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.) is further amended 
by inserting after section 121 the following: 
‘‘SEC. 122. VESSEL RESTRICTIONS IN MARINE MAMMAL 
HABITAT. 
‘‘(a) IN GENERAL.—The Secretary shall, in coordina-
tion with the Marine Mammal Commission and the Com-
mandant of the Coast Guard and applying the best avail-
able scientific information— 
‘‘(1) designate areas of importance for marine 
mammals known to experience vessel strikes or other 
vessel-related impacts and establish for each such area 
seasonal or year-round mandatory vessel restrictions 
to reduce vessel strikes or other vessel-related impacts, 
as necessary, for all vessels operating in such areas; 
and 
‘‘(2) implement for such species, as appropriate, 
dynamic management area programs incorporating 
mandatory vessel restrictions to protect marine mam-
mals from vessel strikes or other vessel-related impacts 
occurring outside designated areas of importance. 
‘‘(b) AREAS OF IMPORTANCE.—Areas designated under 
subsection (a)— 
‘‘(1) shall include— 
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