H.R. 8496

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8496 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8496

To amend the Marine Mammal Protection Act of 1972 to direct the 
Secretary of Commerce to establish a climate impact management plan for 
the conservation of certain marine mammal species, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 27, 2026

Ms. Brownley (for herself, Ms. Bonamici, Mr. Min, Mr. Cohen, Mr. 
Krishnamoorthi, Mr. Magaziner, and Mr. Case) introduced the following 
bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

A BILL

To amend the Marine Mammal Protection Act of 1972 to direct the 
Secretary of Commerce to establish a climate impact management plan for 
the conservation of certain marine mammal species, and for other 
purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Marine Mammal Climate Change 
Protection Act of 2026''.

SEC. 2. CONSERVATION OF MARINE MAMMALS ADVERSELY AFFECTED BY CLIMATE 
CHANGE.

(a) In General.--The Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.) is amended by inserting after section 120 the 
following:

``SEC. 121. CONSERVATION OF MARINE MAMMALS ADVERSELY AFFECTED BY 
CLIMATE CHANGE.

``(a) Climate Impact Management Plans.--
``(1) Within 24 months after the date of enactment of this 
section, the Secretary, in consultation with the Marine Mammal 
Commission, shall publish in the Federal Register, after notice 
and opportunity for public comment, a list of those marine 
mammal species and population stocks in waters under the 
jurisdiction of the United States for which climate change, 
alone or in combination or interaction with other factors, is 
more likely than not to result in a decline in population 
abundance, of impeding population recovery, or of reducing 
carrying capacity. The list shall identify--
``(A) any species or population stock for which 
such impacts are likely to occur within 20 years; and
``(B) any species or population stock listed as a 
threatened species or endangered species under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
for which such impacts have more than a remote 
possibility of occurring within 100 years.
``(2)(A) The Secretary, in consultation with the Marine 
Mammal Commission, shall review the list adopted pursuant to 
paragraph (1) at least once every 5 years, or more frequently 
if significant new information becomes available, and, after 
notice and opportunity for public comment, shall publish a 
revised list in the Federal Register.
``(B) Within 12 months after receiving the petition of an 
interested person under section 553(e) of title 5, United 
States Code, to add a marine mammal species or population stock 
to the list published under paragraph (1), the Secretary, in 
consultation with the Marine Mammal Commission and after notice 
and opportunity for public comment, shall publish in the 
Federal Register its finding of whether the petitioned action 
is warranted. If the petitioned action is deemed warranted, the 
Secretary shall publish at the same time the revision adding 
such species or population stock.
``(3)(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.
``(iv)(I) If there is insufficient funding available to 
develop and implement a climate impact management plan under 
this subparagraph for each marine mammal species and population 
stock included on the list published under paragraph (1), the 
Secretary, after consultation with the Marine Mammal 
Commission, shall give highest priority to each marine mammal 
species and population stock for which the impacts described in 
paragraph (1) are most significant and for which a climate 
impact management plan will best promote the conservation of 
the marine mammal species or population stock.
``(II) Any marine mammal species or population stock 
included on the list published under paragraph (1) for which a 
climate impact management plan is not developed or implemented 
due to insufficient funding shall be deemed to be--
``(aa) depleted for purposes of implementing 
section 101(a)(3)(B); and
``(bb) a strategic stock for purposes of 
implementing this title.
``(B) Each climate impact management plan under 
subparagraph (A) shall include a comprehensive strategy for 
conserving and recovering of such marine mammal stocks and 
species given the anticipated direct and indirect effects of 
climate change and increasing resiliency in the species or 
population stock, and shall identify conservation and 
management measures to--
``(i) conserve and recover such species and 
population stocks given the anticipated adverse effects 
of climate change on such species and population stocks 
and their prey;
``(ii) monitor, reduce, and prevent interactions 
with fisheries and other human activities that may 
occur as a result of changes in marine mammal 
distribution or other indirect effects of climate 
change;
``(iii) increase resiliency by materially reducing 
other human impacts on such species and population 
stocks, including the reduction of incidental taking of 
marine mammals and of the degradation of the habitat of 
such species and population stocks, and by managing 
prey species to improve the availability of prey to 
such species and population stocks; and
``(iv) take any other action as may be necessary to 
implement the strategy set forth in the climate impact 
management plan.
``(C) Each climate impact management plan under 
subparagraph (A) shall include objective, measurable criteria 
for evaluating the effectiveness and sufficiency of such 
measures to meet the purposes of this Act.
``(D)(i) All other Federal agencies shall, in consultation 
with and with the assistance of the Secretary, utilize their 
authorities in furtherance of the strategy and conservation and 
management measures set forth in climate impact management 
plans developed under this subsection and ensure that their 
actions do not conflict or interfere with the objectives of 
such climate impact management plans. The Secretary shall 
consult with the Marine Mammal Commission and, as may be 
warranted, other agencies in the implementation of such climate 
impact management plans.
``(ii) With respect to any Federal agency action 
authorized, funded, or undertaken by such agency that, in the 
view of the Secretary or of the agency, may conflict or 
interfere with the objectives of such climate impact management 
plans, such agency shall, in consultation with the Secretary, 
ensure that such action is consistent with the climate impact 
management plans. To the extent that the Secretary determines 
it is impossible for such action to be consistent with the 
climate impact management plan, the Secretary shall require 
measures to minimize any such conflicts, in addition to any 
other measures required by law, and the agency shall adopt such 
measures required by the Secretary.
``(E) When appropriate, the Secretary may, and is 
encouraged to, integrate climate impact management plans into 
conservation plans adopted under section 115(b) or recovery 
plans adopted under section 4(f) of the Endangered Species Act 
of 1973 (16 U.S.C. 1533(f)).
``(F) The Secretary shall review climate impact management 
plans and implementing regulations at least once every 5 years, 
and shall revise and amend them as necessary to meet the goals 
and requirements of this section. Any changes shall be subject 
to the procedures and requirements applicable to the adoption 
of the initial climate impact management plans and regulations.
``(4) 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 
paragraphs (1) and (2) of subsection (a), to be reviewed at 
least once every 3 years.
``(d) Lack of Quantitative Information.--The lack of quantitative 
information shall not be a basis for a determination that a species or 
population stock is not adversely impacted by climate change, alone or 
in combination or interaction with other factors, as described in 
paragraphs (1) and (2) of subsection (a).
``(e) Estimation of Potential Biological Removal.--
``(1) The Secretary, in estimating the potential biological 
removal level in stock assessments prepared in accordance with 
section 117, shall consider the adverse impacts of climate 
change in determining the recovery factor applied to each 
stock.
``(2) The Secretary, in preparing stock assessments in 
accordance with section 117, shall reexamine the stock 
definition and geographic range of marine mammal species and 
population stocks to identify climate-related changes in 
spatial distribution and stock definition and to identify how 
such changes may affect human impacts to the species.
``(f) Authority To Enter Into Agreements.--The Secretary shall--
``(1) periodically review the status of agreements with 
foreign governments under section 108(a) concerning the 
management of transboundary marine mammal species and 
population stocks, and their prey species, that are, or may be 
affected by climate change; and
``(2) through the Secretary of State, initiate the 
amendment of any such agreement, or negotiations for the 
development of bilateral or multinational agreements, 
consistent with the goals and policies of this section.
``(g) Construction.--This section shall not be construed to limit 
or restrict any other responsibility of the Secretary or of any other 
person under this Act or any other statute.
``(h) Authorization of Appropriations.--
``(1) There is authorized to be appropriated to the 
Administrator carry out this section, $10,000,000 for each of 
fiscal years 2027 through 2031.
``(2) There is authorized to be appropriated to the 
Secretary of the Interior to carry out this section, $5,000,000 
for each of fiscal years 2027 through 2031.
``(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 2027 through 2031.''.
(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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