FISH Act of 2025
- Bill Number
- H.R. 1894
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-03-06: Referred to the House Committee on Natural Resources.
- Last Updated
- 2025-09-03T08:05:56Z
AI-Generated Summary
Purpose
The Federally Integrated Species Health Act of 2025 (FISH Act of 2025), H.R. 1894, aims to amend the Endangered Species Act (ESA) of 1973 by transferring oversight responsibilities for specific migratory fish species—known as anadromous (fish that spawn in fresh or estuarine waters and migrate to the ocean, like salmon) and catadromous (fish that spawn in the ocean and migrate to fresh or estuarine waters, like eels)—from the Department of Commerce (specifically the National Marine Fisheries Service, or NMFS) to the Department of the Interior (specifically the U.S. Fish and Wildlife Service, or USFWS). This shift seeks to centralize management of these species under one department to potentially improve coordination in conservation efforts.
Key Provisions
- Transfer of Authority: All duties, powers, and responsibilities under the ESA related to anadromous and catadromous species previously held by the Secretary of Commerce or NMFS are moved to the Secretary of the Interior effective upon enactment.
- Amendments to the ESA:
- Redefines the term "Secretary" in the ESA to mean the Secretary of the Interior specifically for anadromous and catadromous species.
- Adds new definitions to the ESA: "anadromous species" and "catadromous species" as described above.
- Reconsideration Process: After the transfer, any final administrative decisions by NMFS from the three years prior to the transfer can be requested for review by the Secretary of the Interior. Requests must be filed within 365 days of the transfer's completion, and decisions will be made public.
- Miscellaneous Continuity Measures:
- Updates references in other federal laws, executive orders, rules, and documents to point to the Department of the Interior instead of Commerce.
- Allows the Secretary of the Interior to exercise all prior ESA authorities for these functions.
- Includes "savings provisions" to maintain existing orders, permits, proceedings, lawsuits, and contracts without interruption, ensuring they continue under the new authority unless legally modified.
Significant Changes to Existing Law
- Jurisdictional Shift: Under current law, NMFS (under Commerce) handles most marine and anadromous species protections, while USFWS (under Interior) focuses on terrestrial and freshwater species. This bill consolidates ESA functions for anadromous and catadromous fish under Interior, potentially reducing divided oversight but altering established expertise divisions.
- New Definitions: Introduces explicit terms for anadromous and catadromous species into the ESA, clarifying scope without changing broader protections for endangered species.
- Review Mechanism: Creates a one-time opportunity for reconsideration of recent NMFS decisions, which does not exist in the current ESA framework.
Potential Impacts
- Government Agencies: The Department of the Interior will gain expanded responsibilities, requiring resource reallocation and integration of NMFS expertise, which could streamline inter-agency coordination but may initially cause administrative disruptions. The Department of Commerce will lose authority over these species, potentially simplifying its focus on other marine issues.
- Citizens: Could affect fishing communities, recreational anglers, and coastal residents through changes in how species protections are enforced (e.g., permits, habitat rules), possibly leading to more unified conservation policies but uncertainty during transition. Environmental protections for these fish remain intact, so impacts on biodiversity are not directly reduced.
- International Relations: Minimal direct effects, but could influence U.S. compliance with international agreements on migratory fish (e.g., Pacific salmon treaties with Canada), as Interior's approach might differ from NMFS's prior maritime-focused perspective.
Main Stakeholders Affected
- Federal Agencies: Department of the Interior (USFWS, primary beneficiary), Department of Commerce (NMFS, loses authority), and related offices like the Secretary of Agriculture (minor definitional ties).
- State and Local Governments: Coastal and riverine states (e.g., California, represented by bill sponsors) involved in fisheries management, which may see altered federal coordination.
- Industries and Communities: Commercial and recreational fishing sectors, aquaculture businesses, and tribal nations with treaty rights to migratory fish, who rely on ESA decisions for operations.
- Environmental and Conservation Groups: Organizations advocating for species protection, which may support or challenge the transfer based on perceived expertise shifts.
- General Public: Taxpayers funding agency transitions and citizens benefiting from or impacted by fish habitat regulations.
Notable Legal, Constitutional, or Political Implications
- Legal: The bill includes robust transition safeguards (e.g., no abatement of ongoing lawsuits or permits) to minimize legal challenges under administrative law, ensuring continuity and compliance with due process. The reconsideration provision could invite litigation if denials are contested, but it promotes transparency by requiring public decisions.
- Constitutional: No direct challenges; the transfer aligns with Congress's authority under the Commerce Clause to regulate interstate and international species, without infringing on states' rights or individual liberties.
- Political: Represents a bipartisan effort (sponsored by Republicans from California) to reorganize federal environmental authority, potentially reducing bureaucratic overlap but sparking debate over which agency is best suited for marine species management. It could influence broader ESA reforms by testing consolidated oversight models.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Rep. Costa, Jim [D-CA-21], Rep. LaMalfa, Doug [R-CA-1], Rep. McClintock, Tom [R-CA-5], Rep. Issa, Darrell [R-CA-48], Rep. Fong, Vince [R-CA-20], Rep. Gray, Adam [D-CA-13], Rep. Lawler, Michael [R-NY-17]
Recent Actions
- 2025-03-06: Referred to the House Committee on Natural Resources.
- 2025-03-06: Introduced in House
- 2025-03-06: Introduced in House
Bill Versions
- Federally Integrated Species Health Act of 2025 — issued 2025-03-06 — PDF (7 pages)