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119-hr-10776119th Congress

To amend the Marine Mammal Protection Act of 1972 to change certain requirements regarding certain allowed take of marine mammals, and for other purposes.

Sponsored By: Representative Ezell, Mike [R-MS-4]

Introduced

Summary

Replaces numerical caps with a conditions-based framework that would rewrite how the Marine Mammal Protection Act measures take and disturbance. It would also tighten definitions of take and require decisions to rely only on objective best scientific and commercial data.

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  • Would change permit limits for developers, researchers, and importers by removing "small numbers" language and prior five-year caps and replacing them with practicable, economically feasible conditions set by the Secretary. Those conditions must include efficient monitoring and reporting and may not alter the basic design, location, scope, duration, or timing of the activity.
  • Would narrow what counts as harm by changing wording from "has the potential to injure" and "is likely to disturb" to the verbs "injures" and "disturbs" and by adding a strict definition of "negligible impact" tied to effects on annual survival rates.
  • Would add a new rule that Title I decisions must be made solely on the objective application of the best scientific and commercial data available and forbid precautionary factors or assumptions that bias analysis.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Easier rules for marine operators

If enacted, the bill would replace language about activities that "have the potential to injure" or "are likely to disturb" with language requiring actual injury or disturbance. It would remove the phrase limiting certain authorizations to periods of not more than five consecutive years and drop several "small numbers" limits. The bill would also delete the statutory "least practicable adverse impact" requirement for specified take frameworks. These changes would reduce some statutory constraints on activities that take or import marine mammals while narrowing some protections for marine mammals.

Require objective data for agency decisions

If enacted, the bill would require every Title I decision to be made solely on the objective application of the best scientific and commercial data available. It would forbid precautionary factors, precautionary assumptions, or other factors that bias application of the best data. The rule would apply to presence or distribution, abundance, population trends, geographic range, take, and likelihood of exposure to human impacts.

New monitoring rules for marine activities

If enacted, the bill would let the Secretary require conditions that are appropriate, practicable, and economically feasible to minimize impacts from takes. People doing covered activities would need efficient, practicable monitoring while activities are underway and must report take. For take by harassment, the Secretary could require measures the Secretary finds necessary. Any condition could not change the activity's basic design, location, scope, duration, or timing.

Sponsors & CoSponsors

Sponsor

Ezell, Mike [R-MS-4]

MS • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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