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Industry and conservation witnesses split on permitting and conservation standards in MMPA debate

5450268 · July 22, 2025

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Summary

Industry witnesses told the subcommittee that ambiguous MMPA language and litigation have stalled exploration and surveys; conservation witnesses highlighted recoveries made under the MMPA and urged caution before weakening standards. The Fish and Wildlife Service offered technical cooperation.

Several witnesses on the hearing’s second panel testified for and against aspects of the MMPA discussion draft and other bills under consideration.

For industry, Forrest Burkholder, president and CEO of SA Exploration, described delays in receiving authorizations for geoscience surveys on the outer continental shelf and in Alaska. He told the subcommittee that NGOs repeatedly challenge issued permits and that clear statutory terms, longer incidental take regulations and reduced duplication with the ESA would decrease uncertainty and litigation risk.

Gino Evans, a sturgeon aquaculture operator, described the economic impact of potential ESA listings on domestic farms and said aquaculture can support conservation goals. Jeff Corwin, wildlife biologist and television host, and other conservation witnesses countered that the MMPA and ESA have produced major recoveries—humpbacks, elephant seals and sea otters were cited as success stories—and warned that lowering precautionary standards or rolling back protections could accelerate declines in vulnerable species such as North Atlantic right whales.

Major William Holcomb of the Florida Fish and Wildlife Conservation Commission supported the SUSHI Act and the Florida Safe Seas Act and described Florida’s enforcement activity and the public‑safety rationale for extending shark‑feeding bans into federal waters.

Jay Shirley of the Fish and Wildlife Service said the agency will provide technical feedback on draft language across the bills and work with sponsors to address implementation challenges and enforceability questions. Shirley recommended careful design for litigation‑related provisions and noted capacity constraints for building new databases requested by some bills.

No witness votes were taken; the committee left room for interagency technical work and written submissions.