H.R. 8496 — Marine Mammal Climate Change Protection Act of 2026

This section establishes a new section 121 of the Marine Mammal Protection Act of 1972 (MMPA) to address conservation of marine mammals adversely affected by climate change. (The MMPA generally prohibits the take of marine mammals and directs the Secretary of Commerce, through NOAA Fisheries, to protect marine mammal species and population stocks.) Specifically, the section directs the Secretary, in consultation with the Marine Mammal Commission, to (1) publish in the Federal Register within 24 months of enactment a list of affected marine mammal species and population stocks in U.S. waters (more likely than not to experience population decline, impeded recovery, or reduced carrying capacity due to climate change alone or with other factors), identifying those likely affected within 20 years or, for endangered/threatened species under the Endangered Species Act, with more than a remote possibility within 100 years; (2) review and revise the list at least every 5 years or upon significant new information, after public comment, and respond to petitions to add species/stocks within 12 months; and (3) develop draft climate impact management plans for listed species/stocks within 18 months (20-year impacts) or 30 months (100-year impacts) after listing, with 90 days for public comment and final plans and regulations issued within 120 days thereafter. Each plan must include a comprehensive conservation and recovery strategy accounting for direct/indirect climate effects and resiliency, with measures to (i) conserve/recover species/stocks and prey; (ii) monitor/reduce/prevent fisheries and human interactions due to distribution changes; (iii) reduce other human impacts (e.g., incidental take, habitat degradation) and manage prey availability; and (iv) implement other necessary actions; plans must also contain objective, measurable criteria for effectiveness. If funding is insufficient, the Secretary prioritizes species/stocks with most significant impacts; unaddressed ones are deemed depleted (triggering take restrictions under MMPA section 101(a)(3)(B)) and strategic stocks. All other federal agencies must use their authorities to implement plans and avoid conflicts.