Summary of HR 8496 (119th Congress) — Marine Mammal Climate Change Protection Act of 2026
Proposed by: Representatives Brownley, Bonamici, Min, Cohen, Krishnamoorthi, Magaziner, Case; with several co-sponsors including Ed Case, Seth Magaziner, Julia Brownley, Suzanne Bonamici, Dave Min, Raja Krishnamoorthi, Steve Cohen.
Jurisdiction: United States; Amends the Marine Mammal Protection Act of 1972.
Intro/Status: Introduced and referred to the House Committee on Natural Resources on April 27, 2026. Title in the bill: Marine Mammal Climate Change Protection Act of 2026.
1) Purpose and Intent
- The primary aim is to address marine mammals adversely affected by climate change by creating a formal framework to identify at-risk species and develop climate impact management plans (CIMPs).
- The bill directs the Secretary of Commerce to establish CIMPs for marine mammal species and population stocks in U.S. waters, integrating climate-change considerations into conservation and management efforts.
- It authorizes funding to federal agencies and the Marine Mammal Commission to implement the CIMPs and related monitoring.
2) Key Provisions and Changes
A. Establishment of Climate Impact Management Plans (Section 121)
- Within 24 months of enactment, the Secretary (in consultation with the Marine Mammal Commission) must publish a Federal Register list identifying marine mammal species/population stocks in U.S. waters for which climate change is likely to cause declines, impede recovery, or reduce carrying capacity.
- Criteria include impacts likely within:
- 20 years for most species/stocks.
- More than remote possibility within 100 years for listed Endangered or Threatened species under the ESA.
The list must specify:
- Species/population stocks likely affected within 20 years (Paragraph 1(A)).
- ESA-listed species for which impacts may occur within 100 years (Paragraph 1(B)).
The Secretary must review the list at least every 5 years (more often if new information) and may add species/populations upon petition, with timelines for action:
- Draft CIMPs for each listed species/population stock:
- Within 18 months for ESA-listed (1-A) and 30 months for ESA-listed (1-B).
- Draft plans open for public comment up to 90 days.
- Final CIMPs and implementing regulations must be issued within 120 days after comment period ends.
CIMPs must:
- Contain a comprehensive strategy to conserve/recover stocks given climate-change impacts.
- Identify measures to conserve, monitor interactions with fisheries/human activities, increase resiliency, reduce incidental take and habitat degradation, manage prey, and take other necessary actions.
- Include objective, measurable criteria to evaluate effectiveness.
Federal agency coordination:
- Other federal agencies must align actions with CIMPs and minimize conflicts.
- If conflicts are inevitable, agencies must implement minimizing measures as directed.
Integration with other conservation tools:
- CIMPs may be integrated into existing ESA recovery plans or other conservation plans where appropriate.
Review and reporting:
- The Secretary must report to Congress every 2 years (starting 4 years after enactment) on implementation, backlogs, and effectiveness, including resource needs.
B. Monitoring Program (Section 121(b))
- NOAA must establish a climate-change monitoring program to:
- Improve models of distribution/density changes in marine mammals due to climate change.
- Track interactions with fisheries and other activities.
- Monitor abundance to detect a 20% population decline over 20 years.
- Improve understanding of climate-change impacts on marine mammals.
- Assess contributions of marine mammals to carbon reduction (e.g., through sequestration and nutrient cycling).
C. Regulations and Listing (Section 121(c))
- Within 120 days after enactment, the Secretary must publish proposed regulations for listing marine mammal species/populations adversely impacted by climate change, considering direct/indirect mortality, habitat loss, prey changes, distribution shifts, genetic diversity, pathogen susceptibility, and interactions with human activities.
- Final regulations to be published within 90 days after the close of public comment, with a review every 3 years.
D. Budgetary and Administrative Provisions (Section 121(h))
- Authorization of appropriations:
- NOAA Administrator: $10 million/year (FY 2027–2031).
- Secretary of the Interior: $5 million/year (FY 2027–2031).
- Marine Mammal Commission: $1 million/year (FY 2027–2031).
E. Additional Provisions
- Estimation of Potential Biological Removal (PBR) to consider climate-change impacts in stock assessments and recovery factors.
- Review of transboundary agreements with foreign governments; potential amendments or new bilateral/multinational agreements via the Secretary of State.
- Non-derogation clause clarifying it does not limit other responsibilities under the Act or other statutes.
- Clause ensuring adjustments to regulatory and planning processes as needed in light of climate impacts.
3) Who/What Would Be Affected
- Marine mammal species and population stocks in U.S. waters identified as climate-change vulnerable.
- Federal agencies whose actions affect marine mammals (e.g., NOAA, Department of the Interior, other agencies implementing CIMPs).
- The Marine Mammal Commission (advisory role and collaboration).
- External stakeholders, including fishermen, industry, environmental groups, and states, through public-comment processes and implementation of CIMPs.
4) Procedural and Timeline Aspects
- Scheduling:
- 24 months to publish initial species/population list.
- Draft CIMPs: 18 months for certain listings; 30 months for ESA-listed scenarios.
- Public comment periods: up to 90 days for each draft plan; 60-day minimum for listing regs (with a 60-day public comment window in the listing-regs rulemaking).
- Final CIMPs and implementing regs: within 120 days after comment close.
- Federal interagency coordination ongoing; plans reviewed at least every 5 years.
- Reporting:
- Biennial Congress reports starting 4 years after enactment.
- Funding:
- Multiyear appropriations authorized through FY 2031, with specified annual caps.
5) Overall Significance
If enacted, HR 8496 would formalize the consideration of climate change in marine-mammal conservation through mandated climate impact management plans, a NOAA-driven monitoring program, regulatory listing mechanisms, and cross-agency coordination. It emphasizes proactive identification of vulnerable species, measurable conservation targets, and integration with broader wildlife protection and ESA frameworks, alongside dedicated funding to support implementation.
