Marine Mammal Climate Change Protection Act
Bill: H.R.3692 | Sponsor: Rep. Brownley, Julia (D-CA)
Policy area: Animals

Summary:
Marine Mammal Climate Change Protection Act
This bill establishes requirements to protect marine mammals adversely affected by climate change, including by establishing a program within the National Oceanic and Atmospheric Administration (NOAA) to monitor the adverse impacts of climate change on marine mammals.
In addition, it also requires NOAA's National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) to issue regulations that list marine mammal species in waters under U.S. jurisdiction for which climate change is more likely than not to result in a decline in population abundance, an impeded population recovery, or a reduced carrying capacity (i.e., the maximum population of a marine mammal species that an area will support without undergoing deterioration). The NMFS and the USFWS must update the list at least once every five years and issue regulations that include climate impact management plans for species on such list.
The bill also directs the NMFS and the USFWS to review agreements with foreign governments concerning the management of marine mammals that are or may be affected by climate change. The Department of State must initiate amendments to such agreements or negotiate the development of such agreements in a manner consistent with the goals of the 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 1974 (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)(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--
                    ``(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 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 plan.
            ``(C) Each 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 management plans. The Secretary shall consult with the 
        Marine Mammal Commission and, as may be warranted, other 
        agencies in the implementation 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 consistent 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 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 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) no 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 paragraph 
        (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 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 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 carry out this section, $3,000,000 for each of 
        fiscal years 2022 through 2026.
            ``(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 2022 through 2026.
            ``(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 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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