Marine Mammal Climate Change Protection Act of 2026

Bill Number

H.R. 8496

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Animals

Status

Introduced

Latest Action

2026-04-27: Referred to the House Committee on Natural Resources.

Last Updated

2026-06-16T14:55:17Z

AI-Generated Summary

Purpose

The Marine Mammal Climate Change Protection Act of 2026 (H.R. 8496) amends the Marine Mammal Protection Act of 1972 to require the Secretary of Commerce (primarily through the National Oceanic and Atmospheric Administration, or NOAA) to create and implement climate impact management plans for marine mammal species and population stocks likely harmed by climate change, either alone or combined with other factors. The goal is to conserve and recover these species by addressing climate effects like habitat loss, prey changes, and increased human interactions.

Key Provisions

• Listing Affected Species: Within 24 months of enactment, NOAA must publish a list in the Federal Register (after public comment and consultation with the Marine Mammal Commission) of U.S. marine mammals likely to decline due to climate change:
• Short-term: Impacts within 20 years.
• Long-term: Endangered or threatened species under the Endangered Species Act with possible impacts within 100 years.
• List reviewed every 5 years or via public petitions; petitions responded to within 12 months.
• Climate Impact Management Plans:
• Draft plans issued 18 months (short-term) or 30 months (long-term) after listing; final plans and regulations within ~4-5 months after public comment (90 days).
• Plans include strategies to build resiliency, reduce human impacts (e.g., fisheries interactions, habitat degradation), manage prey, and monitor effectiveness with measurable goals.
• If funding is insufficient, prioritize most at-risk species; others deemed "depleted" (triggering stricter protections) or "strategic stocks" (prioritizing conservation).
• Plans reviewed every 5 years.
• Interagency Coordination: Other federal agencies must align actions with plans; NOAA can require conflict-minimizing measures.
• Monitoring Program: NOAA establishes a program to track climate effects on marine mammals, including population changes, prey availability, and carbon sequestration roles.
• Regulations and Assessments: Quick issuance (120 days) of listing rules; climate factored into "potential biological removal" (PBR: allowable human-caused deaths) estimates and stock definitions.
• International and Reporting: Review foreign agreements; negotiate new ones. Biennial reports to Congress on progress, backlogs, and improvements.
• Funding: Authorizes $10M/year for NOAA, $5M/year for Interior, $1M/year for Marine Mammal Commission (FY 2027-2031).

Significant Changes to Existing Law

• New Section 121 added to the Marine Mammal Protection Act, mandating climate-specific lists, plans, and monitoring—previously no dedicated climate framework.
• Deems funding-limited species as "depleted" or "strategic," automatically triggering enhanced protections under existing MMPA rules.
• Requires climate considerations in stock assessments and PBR calculations; lack of quantitative data cannot block listings.
• Encourages integration with existing recovery plans under MMPA or Endangered Species Act.

Potential Impacts

• Government Agencies: NOAA gains major new duties (lists, plans, monitoring) with timelines and reporting; other agencies (e.g., fisheries managers) must consult and adjust actions, potentially increasing coordination costs.
• Citizens and Industries: Fisheries and coastal activities may face new restrictions on interactions with shifting marine mammal distributions; prey management could affect fishing quotas.
• Conservation: Enhanced resiliency measures could aid species recovery and ecosystem health, including marine mammals' role in carbon storage.
• International Relations: Prompts U.S. negotiations on transboundary species, potentially strengthening bilateral/multilateral conservation pacts.

Main Stakeholders

• Marine Mammals: Targeted species/stocks (e.g., whales, seals, sea otters) in U.S. waters vulnerable to climate change.
• Federal Agencies: NOAA (lead), Marine Mammal Commission, Interior Department, others (e.g., fisheries, environmental protection).
• Conservation Groups and Public: Involved via comments/petitions; benefit from monitoring and recovery.
• Fisheries and Industries: Affected by interaction reductions and habitat rules.
• Foreign Governments: For shared species management.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens MMPA's adaptive management by embedding climate science; ensures actions via enforceable regulations and interagency mandates, but defers to existing authorities (no new powers created). Public notice/comment upholds Administrative Procedure Act standards.
• Constitutional: Relies on Commerce Clause for regulating marine resources; no apparent federalism issues as focused on U.S. waters and federal actions.
• Political: Authorizes specific funding amid budget debates; biennial congressional reports enable oversight. Prioritizes climate in wildlife law, potentially influencing broader environmental policy without limiting other protections.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Brownley, Julia [D-CA-26]

Cosponsors (7)

Rep. Bonamici, Suzanne [D-OR-1], Rep. Min, Dave [D-CA-47], Rep. Cohen, Steve [D-TN-9], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Magaziner, Seth [D-RI-2], Rep. Case, Ed [D-HI-1], Rep. Matsui, Doris O. [D-CA-7]

Recent Actions

• 2026-04-27: Referred to the House Committee on Natural Resources.
• 2026-04-27: Introduced in House
• 2026-04-27: Introduced in House

Bill Versions

• Marine Mammal Climate Change Protection Act of 2026 — issued 2026-04-27 — PDF (13 pages)