Will Congress Gut the ESA and MMPA?
By Mark J. Palmer
A major hearing is scheduled for July 22nd in the House Natural Resources Committee on several proposed laws to considerably weaken the two most important wildlife laws in the US: the Endangered Species Act (ESA) and the Marine Mammal Protection (MMPA).
The International Marine Mammal Project (IMMP) of Earth Island Institute is working with coalitions of environmental and animal welfare organizations to oppose the legislation.
A member of the Committee, Representative Nicholas Begich (R) of Alaska, has introduced legislation to remove many of the legal barriers to killing whales, dolphins, seals, and other marine mammals, by amending the MMPA.
His legislation starts out criticizing the MMPA, which he claims “this Act has, since its enactment and subsequent revisions, unduly and un-necessarily constrained government, tribes, and the regulated community as a result of the application by the Secretary of subjective factors, including the ‘precautionary principle’, when implementing this Act…”
In fact, the “precautionary principle” is a well-established, scientific management tool meant to protect species and ecosystems from collapse because of errors and unknowns in scientific harvesting proposals. It is not "subjective;" it is rather a cautionary step to avoid unforeseen problems.
And what does Rep. Begich expect to replace the marine mammal protection standards?
He proposes: “… striking ‘which will result in the maximum productivity’ and inserting ‘necessary to support the continued survival.’’’
In other words, instead of protecting marine mammal populations at maximum healthy levels, Begich would only seek to maintain whales and dolphins and seals at bare survival levels, and nothing more. This is a prescription for extinction.
He would further remove language prohibiting activities that “have a potential to injure” or “have a potential to disturb,” and instead substitute activities that “disturb” or “injure” animals, which would obviously weaken such protection.
I could go on about how terrible this legislation is for marine mammals, but there are other bills on the July 22nd hearing that would weaken the ESA, the bedrock law protecting species from extinction.
Rep. John McClintock of California has introduced the “Endangered Species Transparency and Reasonableness Act of 2025” which is not at all “reasonable”.
The proposed legislation would require the US Fish & Wildlife Service (USFWS) to annually list expenditures to defend all the lawsuits filed against the agency for violations of the ESA, as well as names of organizations involved in the litigation.
This is not an effort to be transparent, as the lawsuits are public record through any court proceedings. Instead, this just picks one parameter – legal costs to USFWS by organizations like IMMP – and ignores all other issues, such as the validity of the lawsuit. Organizations sue the USFWS because they have violated the laws. This legislation is an effort to blame the messenger for illegal actions by USFWS in refusing to enforce the ESA and other laws protecting wildlife.
Meanwhile, yesterday (July 15th), the House Natural Resources Committee approved legislation to delist grizzly bears in the Greater Yellowstone Ecosystem from the endangered species list, removing its protection. The legislation further blocks any lawsuits to challenge the decision. Hunters value killing grizzlies, and local states like Wyoming are happy to issue permits.
These pieces of legislation are just starting out, so now is the time to take action to block their passage.
WHAT YOU CAN DO:
Your members of Congress need to hear from you!
Ask them to block any weakening amendments to the MMPA and ESA in Congress. The legislation is key to protection of wildlife throughout the United States.
Tell them in your own words why you support protection for grizzly bears, humpback whales, sea otters, and other key species protected now by the MMPA and the ESA.
Urge them to vote no on these bills and to urge their fellow members of Congress to also vote no.
For information on contacting your two Senators in Washington DC, go here.
For information on contacting your member of the House of Representatives, go here.
(HINT: Most websites for each Representative and Senator will have a CONTACT page with information on how to contact them, usually including a form for emails.)
You can also call the Capitol Switchboard (1) 202-224-3121 and ask the operator to connect you with your Representative’s or Senator’s office.
Address Letters to:
Your Representative (Rep. John Doe), House Office Building, Washington, DC 20515
Your Senator (Senator John Doe), Senate Office Building, Washington, DC 20510
Thank you for your support for our wildlife heritage! We will have more information as the legislation takes shape in Congress and heads to the House and Senate floor for votes. Watch our News.
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Marine mammals and endangered species need your help. They cannot talk to your members of the House of Representatives and the Senate, but you can speak for them. The International Marine Mammal Project of Earth Island Institute is dedicated to protecting these wonderful animals. Your donations can help us get the word out about bad (and good) legislation in Congress that impacts the wellbeing of whales, dolphins, and their ocean homes. Thank you for donating today!
