Legislative Hearing | Subcommittee on Water, Wildlife and Fisheries

House Subcommittee on Water, Wildlife and Fisheries

2025-07-22

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Source: Congress.gov

Summary

This meeting of the Subcommittee on Water, Wildlife and Fisheries convened to consider seven legislative measures and a discussion draft. [ 00:09:55 ]

The bills addressed a wide array of topics, including modernizing the Marine Mammal Protection Act, increasing transparency in Endangered Species Act implementation, and species-specific issues like shark feeding and invasive catfish management. [ 00:10:45-00:10:52 ]

Themes

Marine Mammal Protection Act (MMPA) Reform

Several members and witnesses advocated for modernizing the MMPA, highlighting its age and "regulatory creep" that causes ambiguity, litigation, and delays for critical projects. [ 00:11:07-00:11:12 ]

They emphasized the need for clearer definitions of terms like "negligible impact" and "harassment," predictable timelines for incidental take authorizations, and decisions based on objective, best available science, rather than overly precautionary principles. [ 00:11:23 ] This reform is considered crucial for economic activities such as offshore energy, commercial fishing, and the maritime sector, particularly in regions like Alaska where development is often hindered by the current implementation of the Act. [ 00:11:23 ]

Conversely, opponents voiced strong concerns that the proposed MMPA reforms would dismantle essential protections, undermine conservation efforts, and lead to increased mortality and extinction of marine mammals. [ 00:16:06-00:16:50 ]

[ 00:21:33-00:21:39 ] They underscored the MMPA's historical success in preventing marine mammal extinctions over five decades and its role in protecting species like whales and seals. [ 00:16:10 ] [ 00:21:52 ] Critics expressed alarm about changes to conservation standards, reduced agency funding, and the potential negative impact on iconic species such as southern resident killer whales and North Atlantic right whales. [ 00:16:45 ] [ 00:17:19-00:17:35 ] [ 00:22:51 ]

Endangered Species Act (ESA) Transparency and Implementation

The "Endangered Species Transparency and Reasonableness Act of 2025" (HR 180) was discussed, aiming to make scientific data used for ESA listings publicly available and to incorporate data from state, local, and tribal governments. [ 00:10:00 ]

Supporters contended that this would enhance credibility, accountability, and ensure decisions are rooted in the "best available scientific and commercial data," thereby avoiding obscure or politically driven findings.

Critics, however, characterized HR 180 as an attempt to "cherry-pick science" and dismantle endangered species protections for the benefit of specific interest groups, such as mining and logging industries. [ 00:16:03 ]

They cautioned that it would create new bureaucratic obstacles for scientists while exempting industry from equivalent requirements. The Fish and Wildlife Service generally supported the intent of transparency and collaboration but expressed reservations about automatically treating all state data as "best available" and their capacity to maintain a comprehensive litigation database. The service acknowledged that current litigation frequently impedes recovery efforts. [ 00:49:54 ]

Species-Specific Legislation

The Sturgeon Conservation and Sustainability Act (HR 4033) proposes to exempt farm-raised sturgeon and their offspring from certain ESA prohibitions, distinguishing them from wild populations. [ 00:10:17 ]

This measure is intended to bolster domestic aquaculture, alleviate pressure on wild sturgeon, and mitigate economic harm to producers like Evans Farms. Opponents, however, claimed the bill would primarily benefit large foreign caviar producers from China and Russia by permitting imports of caviar from ESA-listed fish with minimal oversight. [ 00:14:54-00:15:24 ]

The Florida Safe Seas Act (HR 3831) seeks to extend Florida's state ban on shark feeding into federal waters off the Florida coast, aiming to enhance public safety by discouraging sharks from associating humans with food. [ 00:10:08 ]

[ 00:14:13 ]

The MAWS Act (HR 4294) introduces a pilot program to utilize invasive blue catfish from the Chesapeake Bay in the pet and animal food industry. [ 00:10:36 ]

[ 00:14:02 ] [ 00:33:46-00:34:04 ] This initiative intends to combat the ecological threat posed by blue catfish, safeguard native species like blue crabs, and generate economic opportunities for watermen. [ 00:34:46 ]

An amendment to the Sykes Act (HR 4293) aims to provide greater flexibility for cooperative and interagency agreements related to land management off military installations. [ 00:10:27 ]

[ 00:11:34 ] The objective is to resolve ongoing litigation and ensure the operational viability of critical military assets through species conservation on Department of Defense lands, bypassing the more stringent aspects of the ESA. [ 00:12:04-00:12:11 ]

Tone of the Meeting

The meeting largely conveyed a contentious and polarized tone, particularly concerning the proposed reforms to the Marine Mammal Protection Act and the Endangered Species Act. [ 00:14:28-00:14:36 ]

[ 00:21:03-00:21:07 ] While some legislative proposals, such as the Florida Safe Seas Act and the MAWS Act, received bipartisan support and fostered a more constructive dialogue, discussions surrounding ESA transparency and MMPA modernization were marked by strong disagreements and accusations ranging from "gutting" environmental protections to "regulatory creep." [ 00:16:06-00:16:50 ] [ 00:21:33-00:21:39 ] Testimony from agency officials typically navigated these contentious issues carefully, emphasizing a commitment to collaborative efforts and process streamlining. [ 00:49:54 ]

Participants

Transcript

The Subcommittee on Water, Wildlife and Fisheries will come to order.   Good afternoon, everyone.  I want to welcome members, witnesses, and our guests in the audience in today's hearing.  Without objection, the chair is authorized to declare a recess of the subcommittee at any time.  Under Committee Rule 4F, any oral opening statements at hearings are limited to the chair and the ranking member.  I therefore ask unanimous consent that all other members' opening statements be made part of the hearing record if they are submitted in accordance with Committee Rule 3O.   Without objections, so ordered.  I also ask unanimous consent that the Congressman from Alaska, Mr. Begich, the Congressman from Texas, Dr. Babin, the Congressman from Arizona, Mr. Siscamani, and the Congressman from Florida, Mr. Fine, be allowed to participate in today's hearing.  Without objections, so ordered.   We are here today to consider seven legislative measures.  The Endangered Species Transparency and Reasonableness Act of 2025, sponsored by Representative McClintock of California, the HR 3706, the Sushi Act, sponsored by Representative Babin of Texas,   H.R.  3831, the Florida Safe Seas Act of 2025, sponsored by Representative Webster of Florida.  H.R.  4033, the Sturgeon Conservation and Sustainability Act of 2025, sponsored by Representative Fine of Florida.   H.R.  4293 to amend the Sykes Act to increase flexibility with respect to cooperative and interagency agreements for land management off of installations sponsored by Representative Siskamani of Arizona.  And H.R.  4294, the Maas Act of 2025 sponsored by Representative Elfrith of Maryland and a discussion draft to amend the Marine Mammal Protection Act
or MMPA, sponsored by Representative Begich of Alaska.  I now recognize myself for a five-minute opening statement.   Today, the Subcommittee on Water, Wildlife and Fisheries will examine seven bills that cover a wide range of issues.  From a discussion draft to modernize the Marine Mammal Protection Act to several species-specific bills that address regional issues such as shark feeding, invasive blue catfish and the ESA treatment of farm-raised sturgeon.   In the interest of time, I will highlight only two of the bills before us today, but I've already identified their numbers and their names.  The first is the MMPA discussion draft.  When MMPA was first enacted in 1972, it was 20 pages long.  The document that NOAA created just to establish the criteria for determining, quote, negligible impact, end quote, which is undefined in the MMPA now,   is just as long, which is representative of how regulatory creep has affected the vast majority of statutes that we deal with on this subcommittee.  The discussion draft defines terms like negligible impact and makes long overdue reforms to its regulatory process that governs tribal activities, state fish and wildlife agencies, commercial fishing, offshore energy, and the maritime sector.   The discussion drafts reforms to the regulatory process are crucial to building on the success of the one big, beautiful bill advancing the Trump administration's goal to unleash America's energy resources.  Next, we have a bill by Congressman Siskamani, which makes changes to the Sykes Act, a statute meant to incentivize species conservation on Department of Defense lands by shielding them from the more punitive aspects of the Endangered Species Act.   Unfortunately, in Fort Huachuca, a U.S.

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