CSP Applauds House Natural Resources Subcommittee for Crucial Oversight Hearing on Marine Mammal and Endangered Species Protections

Washington, D.C. – March 3, 2025 – The Center for Sportfishing Policy (CSP) commends the House Committee on Natural Resources Subcommittee on Water, Wildlife and Fisheries for their important hearing last week Evaluating the Implementation of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). The oversight hearing provided a crucial opportunity to examine how these well-intended laws have been misapplied, resulting in regulatory overreach and unintended consequences for natural resource management.

CSP extends its appreciation to Committee Chair Bruce Westerman (R-Ark.) and Subcommittee Chair Harriet Hageman (R-Wyo.) for their leadership ensuring federal agencies are held accountable for executing these laws as Congress intended. This discussion reaffirmed Congress’ commitment to preventing administrative overreach and policy swings that create uncertainty for Americans and industries that depend on sound conservation and resource management.

“Everyone agrees we must prevent extinction – that’s not the issue. The problem is that agencies and courts have interpreted vague and outdated statutes in a manner that defies common sense and Congressional intent,” said Jeff Angers, president of the Center for Sportfishing Policy. “In evaluating the agencies’ implementation of ESA and MMPA, this hearing highlighted agency overreach and the need for Congress to exercise its authority by amending both laws to ensure conservation efforts are informed by the best available science and balance the needs of wildlife with the welfare of the American people. We appreciate the Subcommittee for shining a light on the need for reform.”

The hearing highlighted key issues surrounding the implementation of MMPA and ESA, in the wake of the recent Loper Bright Enterprises v. Raimondo Supreme Court decision. The ruling underscored the need for clear language in the statutes and congressional oversight to ensure federal agencies do not exceed their statutory authority.

Key Takeaways from the Hearing:

• Loper Bright Enterprises v. Raimondo: The Supreme Court’s recent decision reaffirms Congress’ responsibility to curb the overreach of executive agencies when implementing laws.
• Regulatory Overreach: ESA and MMPA have been leveraged by federal agencies and environmental groups to deny access to America’s public places and to hinder development.
• Accountability & Reform: The hearing focused on reforming these statutes (and implementation) to align with their original intent.
• State & Local Empowerment: A more balanced approach reflecting cooperative federalism and the historical primacy of states in management of their natural resources will lead to improved conservation outcomes while supporting the livelihoods of those who coexist with protected species.

During the hearing, witnesses provided expert testimony on the challenges posed by current regulatory interpretations of ESA and MMPA.

Paul Weiland testified that the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) have improperly relied on the precautionary principle when implementing MMPA and ESA. He argued that this approach has led to overregulation, exemplified by NMFS’ vessel speed rule, which he contends lacks a legitimate legal basis and imposes unnecessary restrictions on maritime activity despite minimal evidence of risk to protected species. Watch Weiland’s noteworthy opening statement here.

Parker Moore testified that regulatory overreach under ESA and MMPA has led to impractical and unauthorized agency actions. He emphasized that these regulations lack clear statutory authority and have been repeatedly rejected by Congress, calling for legislative clarity to prevent further agency overreach.

John Vecchione explained that in a post-Chevron world, agencies can no longer rely on vague statutory language to justify sweeping regulatory actions. Instead, they must point to clear congressional authority to back up these actions. Vecchione stressed that this approach restores Congress’ role in shaping policy and ensures that agencies operate within their statutory limits.

For more details, view the Committee repository including all testimony here.

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