,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hgie ,,in ,,the ,,house ,,of ,,representatives ,november #bj1 #bjbj,ms4 ,brownley of ,california introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,marine ,mammal ,protection ,act of #aigb to direct the ,secretary of ,commerce to establish a climate impact management plan for the conservation of certain marine mammal species1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,marine ,mammal ,climate ,change ,protection ,act4 #b4 ,conservation of marine mammals adversely affected by climate change 7a7 ,in general ,the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq47 is amended by inserting after section #abj the following3 #aba4 ,conservation of marine mammals adversely affected by climate change 7a7 ,climate impact management plans 7#a7 ,within #ah months after the date of enactment of this section1 the ,secretary1 in consultation with the ,marine ,mammal ,commission1 shall publish in the ,federal ,register1 after notice and opportunity for public comment1 a list of those marine mammal species and population stocks in waters under the jurisdiction of the ,united ,states for which climate change1 alone or in combination or interaction with other factors1 has more than a remote possibility of resulting in a decline in population abundance1 of impeding population recovery1 or of reducing carrying capacity4 ,the list shall identify-- 7,a7 any species or population stock for which such impacts are likely to occur within #bj years2 7,b7 any species or population stock listed as a threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 for which such impacts have more than a remote possibility of occurring within #ajj years2 and 7,c7 any other species or population stock for which such impacts have more than a remote possibility of occurring within #ajj years4 7#b7 7,a7 ,the ,secretary1 in consultation with the ,marine ,mammal ,commission1 shall review the list adopted pursuant to paragraph 7#a7 at least once every #e years1 or more frequently if significant new information becomes available1 and1 after notice and opportunity for public comment1 shall publish a revised list in the ,federal ,register4 7,b7 ,within #ab months after receiving the petition of an interested person under section #eec7;e7 of title #e1 ,united ,states ,code1 to add a marine mammal species or population stock to the list published under paragraph 7#a71 the ,secretary1 in consultation with the ,marine ,mammal ,commission and after notice and opportunity for public comment1 shall publish in the ,federal ,register its finding of whether the petitioned action is warranted4 ,if the petitioned action is deemed warranted1 the ,secretary shall publish at the same time the revision adding such species or population stock4 7#c7 ,the list published under paragraph 7#a71 and any revisions made in accordance with paragraph 7#b71 shall include a determination of whether a climate impact management plan will promote the conservation of species or stocks listed pursuant to paragraph 7#a77;,c74 7#d7 7,a7 7i7 ,the ,secretary shall publish in the ,federal ,register a draft climate impact management plan1 and proposed regulations implementing the plan1 for each marine mammal species or population stock-- 7,i7 listed under paragraph 7#a77;,a71 within #ah months after the listing2 7,,ii7 listed under paragraph 7#a77;,b71 within #cj months after the listing2 and 7,,iii7 listed under paragraph 7#a77;,c7 of this subsection1 within #e years after the listing if the ,secretary determines that such a plan will promote the conservation of the species or stock4 7ii7 ,each draft climate impact management plan shall be developed in consultation with the ,marine ,mammal ,commission and1 as appropriate1 other ,federal agencies1 and shall be made available for public review and comment for a period not to exceed #ij days4 7iii7 ,no later than #abj days after the close of the comment period required under clause 7ii71 the ,secretary shall issue a final climate impact management plan and implementing regulations that are consistent with the other provisions of this section and1 to the full extent available under the ,secretary's authorities under this ,act and other statutes1 implement the conservation and management measures identified in the plan4 7,b7 ,each management plan under subparagraph 7,a7 shall include a comprehensive strategy for mitigating the direct and indirect effects of climate change and increasing resiliency in the species or population stock1 and shall identify conservation and management measures to-- 7i7 mitigate to the extent possible the direct adverse effects of climate change on such species and population stocks and their prey2 7ii7 monitor1 reduce1 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 change2 7iii7 increase resiliency by materially reducing other human impacts on such species and population stocks1 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 stocks1 and by managing prey species to improve the availability of prey to such species and population stocks2 and 7iv7 take any other action as may be necessary to implement the strategy set forth in the plan4 7,c7 ,each management plan under subparagraph 7,a7 shall include objective1 measurable criteria for evaluating the effectiveness and sufficiency of such measures to meet the purposes of this ,act4 7,d7 ,all other ,federal agencies shall1 in consultation with and with the assistance of the ,secretary1 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 plans4 ,the ,secretary shall consult with the ,marine ,mammal ,commission and1 as may be warranted1 other agencies in the implementation of such plans4 7,e7 ,when appropriate1 the ,secretary may1 and is encouraged to1 integrate climate impact management plans into conservation plans adopted under section #aae7;b7 or recovery plans adopted under section #d7;f7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f774 7,f7 ,the ,secretary shall review climate impact management plans and implementing regulations at least once every #e years1 and shall revise and amend them as necessary to meet the goals and requirements of this section4 ,any changes shall be subject to the procedures and requirements applicable to the adoption of the initial plans and regulations4 7#e7 ,the ,secretary shall report to ,congress #d years after the date of enactment of this section1 and every #b years thereafter1 on-- 7,a7 actions taken to implement this section2 7,b7 any backlog in meeting the schedule set forth in this subsection for adopting1 reviewing1 and implementing climate impact management plans1 or additional resources necessary to address any such backlog2 and 7,c7 the effectiveness of implementation and sufficiency of the measures adopted in climate impact management plans1 and any recommendations for improving the process or the applicable legislation4 7b7 ,monitoring of climate impacts ,the ,secretary shall establish a program to monitor the adverse impacts of climate change on marine mammals4 ,the purposes of the monitoring program shall be to-- 7#a7 improve models of projected future changes in marine mammal distribution and densities resulting from climate change2 7#b7 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 change2 7#c7 monitor the abundance of species and population stocks1 to an extent sufficient to detect a #bj percent population decline over #bj years2 7#d7 improve understanding of the impacts of climate change on marine mammal species and population stocks2 and 7#e7 assess the direct and indirect contributions of marine mammals to carbon reduction1 including through carbon sequestration and nutrient cycling4 7c7 ,promulgation of regulations for listing marine mammals adversely impacted by climate change ,the ,secretary shall1 within #abj days after the date of the enactment of this section-- 7#a7 publish in the ,federal ,register for public comment1 for a period of not less than #fj days1 regulations for listing marine mammal species and population stocks adversely impacted by climate change1 alone or in combination or interaction with other factors1 as described in paragraphs 7#a7 and 7#b7 of subsection 7a71 taking into account both quantitative and qualitative indicators of adverse impacts of climate change and human activities on such species and stocks1 including-- 7,a7 direct and indirect mortality and serious injury2 7,b7 loss or degradation of habitat2 7,c7 changes in the distribution or availability of prey2 7,d7 changes in the distribution of marine mammal species and population stocks2 7,e7 decreased genetic diversity or reproductive success2 7,f7 increased susceptibility to pathogens2 and 7,g7 increased likelihood of interactions with fisheries and other human activities2 and 7#b7 not later than #ij days after the close of the period for such public comment1 publish in the ,federal ,register final regulations for listing marine mammals as required by paragraph 7a71 to be reviewed at least once every three years4 7d7 ,lack of quantitative information ,the lack of quantitative information shall not be a basis for a determination under subsection 7c7 that a species or population stock is not adversely impacted by climate change1 alone or in combination or interaction with other factors1 as described in paragraphs 7#a7 and 7#b7 of subsection 7a74 7e7 ,estimation of potential biological removal 7#a7 ,the ,secretary1 in estimating the potential biological removal level in stock assessments prepared in accordance with section #aag1 shall take account of the adverse impacts of climate change in determining the recovery factor applied to each stock4 7#b7 ,the ,secretary1 in preparing stock assessments in accordance with section #aag1 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 species4 7f7 ,authority ,to enter into agreements ,the ,secretary shall-- 7#a7 periodically review the status of agreements with foreign governments under section #ajh7;a7 concerning the management of transboundary marine mammal species and population stocks1 and their prey species1 that are or may be affected by climate change2 and 7#b7 through the ,secretary of ,state1 initiate the amendment of any such agreement1 or negotiations for the development of bilateral or multinational agreements1 consistent with the goals and policies of this section4 7g7 ,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 statute4 4 7b7 ,clerical amendment ,the table of contents in the first section of such ,act is amended by inserting after the item relating to section #abj the following3 ,sec4 #aba4 ,conservation of marine mammals adversely affected by climate change4 4