Why ESA and MMPA Rollbacks Have Massive Implications for Our Ocean’s Future
- McKenzie Ploen
- Jul 15
- 3 min read
I love the ocean. I love the crash of waves against the shore, the scent of salt and seaweed in the air, and the birds that scurry along the beach. What captivates me even more is what lies beneath the surface: shimmering schools of fish, flowering anemones, magnificent blue whales, and so much more. This underwater world is awe-inspiring, and I have chosen to dedicate my life to its care and preservation.
As a current graduate student focused on Ocean Policy and Resource Management, I spend much of my time learning about ways to protect marine and coastal ecosystems. What makes some regions more successful at conservation than others? What factors best enable the protection and preservation of biodiversity? And how can current or future policies be shaped to strengthen these efforts?
I’ve come to understand how essential environmental laws and policies are for effective conservation; legislation grants agencies the authority and tools to prioritize the protection of species and habitats. Environmental statutes like the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) form the backbone of and justification for key efforts to support conservation. Recent proposals threaten to weaken these protections when marine life needs them most.
What Is At Risk
The proposed changes would fundamentally redefine what counts as “harm” to endangered species, specifically by removing habitat from its definition. Destroying the places where animals feed, breed, and migrate might no longer be considered harmful under the law. These changes would also limit NOAA’s ability to take precautionary action in defense of at-risk species.
This is alarming, as habitat loss is the leading driver of wildlife decline. When feeding grounds disappear or migration routes are blocked, animals starve, breeding fails, and populations lose their resilience. Current laws acknowledge this reality, treating the destruction of habitat as a form of harm. Stripping that recognition ignores scientific consensus – that habitat degradation leads to drastic population declines, even when the animals themselves aren’t directly killed – and severely weakens conservation efforts.
A more recent amendment would additionally alter the definition of ‘harassment’ so that it no longer prohibits actions with the potential to harm marine mammals. This would impact managers’ ability to address underwater radiated noise pollution, vessel speeds, and industrial activities – things that data show are among the top threats to endangered whales – in critical habitats.
Why Habitat Protections Are Non-Negotiable
For migratory species like whales, habitat is spread across thousands of miles of the ocean. It includes feeding, breeding, and migratory corridors – all of which must be preserved for survival.
The California Marine Sanctuary Foundation (CMSF) supports the designation and stewardship of California’s National Marine Sanctuaries, from Greater Farallones to the Channel Islands. We help implement policies, engage stakeholders, and support science-based programs that rely on strong federal environmental laws like the ESA and MMPA.
Our Protecting Blue Whales and Blue Skies (BWBS) program encourages shipping companies to reduce speeds in critical endangered whale migration areas - habitat - to lower the risk of fatal ship strikes, underwater radiated noise, and air pollution. These efforts complement voluntary NOAA policies made possible by the ESA and MMPA, which empower federal agencies like NOAA to act and implement measures to reduce risk to marine mammals and endangered species. Without strong legal backing, NOAA’s authority to implement protective measures like these disappears.
The Bigger Picture: Science and Public Support
Recent proposed changes contradict both scientific consensus and public sentiment. The ESA and MMPA are undeniably effective; they have protected 99% of listed species from extinction, and a 2024 poll showed that nearly 90% of Americans want to strengthen the ESA, not weaken it.
For CMSF and other organizations that rely on science-based policy to protect marine life, these rollbacks would be devastating. For the whales, sea otters, and countless marine creatures that call California waters home, they could be fatal.
In Summary
Proposed changes to the ESA and MMPA are ongoing, and these efforts could have serious consequences for wildlife and marine ecosystems. The full extent of the impact remains to be seen as regulatory actions continue and potential legal challenges arise.
What You Can Do
Tell friends and family why protecting habitat and wildlife populations matters.
Follow Blue Whales and Blue Skies to stay up to date on our efforts to protect endangered whales in California waters and support our work.
Orca Conservancy and the NRDC offer ways you can be involved.
Stay informed. Keep an eye out for more articles and resources on the ESA and MMPA, future hearings, and public comment opportunities.
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