House subcommittee opens contentious review of Marine Mammal Protection Act discussion draft

The House Natural Resources Subcommittee on Water, Wildlife, and Fisheries met in a legislative hearing to consider a discussion draft to modernize the Marine Mammal Protection Act (MMPA). Chair Hageman convened the panel; members, agency officials and industry and conservation witnesses testified about proposed changes to definitions, incidental take timelines and consultation requirements.

The draft would tighten deadlines for incidental take authorizations, revise definitions such as "harassment" and "negligible impact," and remove or alter some interagency consultation steps, according to sponsors and agency witnesses. Representative Begich said the draft aims to give coastal communities, tribes and industries predictable timelines and objective standards: "This draft aims to bring clarity, objectivity, and balance back into the implementation of the MMPA," he said during the hearing.

Supporters, including energy and geoscience industry representatives, told the subcommittee that decades of litigation and ambiguous statutory terms have delayed projects and blocked essential surveys and infrastructure, particularly in Alaska. Forrest Burkholder, president and CEO of SA Exploration, told the panel that permitting delays and repeated legal challenges have stalled two of his company’s authorizations in Alaska for multiple years and argued that clearer statutory terms and firm agency timelines would reduce litigation and uncertainty.

Opponents, including the subcommittee’s Democratic members and conservation witnesses, argued the discussion draft would erode the precautionary approach that has helped restore several marine mammal populations. Ranking Member Hoyle said the MMPA has protected whales and dolphins for more than 50 years and warned the draft "limits common sense measures that have helped push the U.S. Navy and shipping companies to develop ways to avoid harassing orcas." Representative Huffman called the draft a "sledgehammer" that would lower conservation standards and criticized proposals he said would allow more harassment and fewer safeguards.

Jay Shirley, principal deputy director serving as acting director of the U.S. Fish and Wildlife Service, told the subcommittee the Service appreciates the sponsor's intent to modernize the MMPA and offered to provide technical feedback on implementation and definitions. Shirley said the Service seeks to "conserve marine mammal populations" while improving processes and noted the agency's desire to work with stakeholders on the draft language.

Witnesses from the conservation community emphasized species at immediate risk, including the southern resident killer whales and the North Atlantic right whale. Television biologist Jeff Corwin and other conservation speakers urged maintaining strong, science-based standards and more research and monitoring resources before statutory changes reduce protections.

No votes were taken on the draft during the hearing. Committee members submitted materials and letters into the hearing record by unanimous consent; the subcommittee framed the session as the opening of a multiweek, bipartisan review process. The chair and several members said they expected further stakeholder engagement and additional technical revisions prior to any markup.

The hearing made clear the divide: sponsors and industry pressed for clearer definitions and fixed timelines to reduce perceived regulatory paralysis; Democrats and conservation witnesses argued that lowering standards or curtailing consultation and review would risk setbacks to recovering populations. The subcommittee left the draft open for revision and follow-up comments from the agencies and stakeholders.

Looking ahead, committee members said they will continue to solicit technical edits from the Fish and Wildlife Service, National Marine Fisheries Service and outside experts and to accept written statements and technical comments into the record.