URGENT! Senate “Permit Reform” Bill Guts Protections for Whales
By Mark J. Palmer
CORRECTION: The legislation delaying protection for right whales from entanglement in lobster trap ropes has not been incorporated into the Bipartisan American Affordability and Jobs Act of 2026, S. 5653; it is instead pending on the Senate floor for a separate vote in November as HR 9436, the Northeast Lobstermen Protection Act. We encourage you to ask your Senators and members of the House to vote NO on both S. 5653 and HR 9436. We have revised this blog accordingly.
We warned against pending legislation in Congress that would limit any further regulation of lobster fishing to protect right whales until the year 2035, despite the dangers of entanglement for the endangered whales. This legislation, HR 9436, is still pending in the Senate for a vote after the November elections.
Now, a new, truly awful package of legislation has arisen entitled “The Bipartisan American Affordability and Jobs Act of 2026,” numbered S. 5653. Informally, Republicans have labeled it “Permit Reform” legislation. The legislation is 417 pages of cutting the ability of the public and government to review development projects, opening the way for massive industrial developments, including data centers and other energy infrastructure, forced down the public’s throat with no ability to stop the environmental and human destruction.
But there are many non-germane amendments attached to S. 5653, too:
- The legislation would amend the Endangered Species Act to gut review by the courts and redefine the “best available scientific evidence” regarding endangered species to lesser standards that prohibit addressing potential future impacts (the precautionary principle). If passed, it could lead to the extinction of right and gray whales by delaying and reversing years of endangered species protection policies.
- Amendments encourage the building of AI data centers in rural areas by reducing the opportunities for the public and local governments to comment on such actions and facilitating natural gas plants and pipelines to support power needs, adding more carbon pollution to our atmosphere.
- The legislation weakens the ability of states and Tribal governments to oppose waivers under the Clean Water Act, encouraging developments that divert, pollute, and destroy wetlands and streams.
Only around 380 North Atlantic right whales are left. Entanglement in fishing gear and collisions with ships are the two biggest reasons they keep dying. Every whale lost matters for a species this close to disappearing.
In 2024, a right whale died after becoming chronically entangled in Maine fishing gear, underscoring what can be at stake when stronger protections are delayed. IMMP has written more on why right whales can’t wait that long.
Why This Matters
Right and gray whales don't have time for these delays. Scientists estimate only around 70 of the remaining whales are females still able to reproduce. Every year without stronger protections is a year this species can't spare. Gray whales have lost as much as half their population in the last ten years.
The Republicans, who control the Senate, are refusing to allow any amendments, so S. 5653 will go up on the Senate Floor as an up-or-down vote by Congress. Congress has now recessed until after the November 3rd elections, so we have time to demand members of Congress vote down S. 5653 and HR 9436.
WHAT YOU CAN DO:
Contact Your Senators and House Members in Congress Immediately!
URGE THEM TO VOTE NO ON S. 5653, The Bipartisan American Affordability and Jobs Act of 2026.
UREGE THEM TO VOTE NO ON H.R. 9436, the Northeast Lobstermen Protection Act.
Tell them you want Congress to PROTECT endangered species like the right and gray whales. You do NOT want Congress to EXPLOIT species and put them at greater risk.
By all means, use your own words.
Here’s how to find the two Senators and the House of Representatives member who represent you and your state. https://www.congress.gov/members/find-your-member
Each member has a website where there is either a direct link to the office, an email address, or a phone number.
You can also call your member’s office and leave a message. Call the Congressional Switchboard (202) 224-3121, and ask to be connected. You can leave a message or talk to a staff member.
If you wish to send a letter, you can reach your members with the following addresses:
To Senator XXX
US Senate
Senate Office Building
Washington, DC 20510
Likely, the House will vote on the legislation shortly after it passes the Senate (which we hope won’t happen).
To Representative XXX
US House of Representatives
House Office Building
Washington, DC 20515
Write or call your two Senators and Representatives, and urge them to strongly oppose S 5653. Right whales and other endangered species need priority protection, or we will lose them forever. Cite your own feelings for the importance of our wildlife heritage.
*********************************
Right whales are in trouble, as are other species such as the gray whale. The International Marine Mammal Project of Earth Island Institute is dedicated to ending entanglements and ship strikes. The solutions are actually easy: slow down vessel speeds to 10 knots in areas where whales are moving, and replace entangling plastic ropes with ropeless gear (also called on-demand gear). But the Trump administration, fishermen, and Republicans in the Senate are working to gut protections for marine mammals and wildlife.
Don’t let them get away with it. Time to stand up and say “NO!” Please contact your Senators, and please donate to help save whales. Thank you.
