Saving NEMO Act of 2025

Bill Number

H.R. 2176

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Public Lands and Natural Resources

Status

Introduced

Latest Action

2025-03-18: Referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2026-04-20T14:30:39Z

AI-Generated Summary

Purpose

The Saving Natural Ecosystems and Marine Organisms Act of 2025 (Saving NEMO Act) aims to protect vulnerable marine species that live in coral reefs and are collected for the aquarium or curio (decorative) trade. It does this by prohibiting harmful taking, trade, and transport activities that threaten these species' survival and the health of coral reef ecosystems, while allowing limited exceptions for conservation, science, and sustainable practices.

Key Provisions

• Designation of Protected Species: The Secretary of the Interior designates "covered coral reef species" as:
• Any marine reef species (non-food species primarily living in coral reefs and traded for aquariums or curios) listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES, an international treaty regulating trade in endangered species), unless jointly determined with the Secretary of Commerce that trade poses no substantial risk to the species or ecosystem.
• Additional species identified jointly by the two Secretaries if their taking, import, or export risks harming sustainability, ecosystems, or causes high death rates in transport/captivity.
• Designations can be removed if risks decrease, with required consultations.

• Prohibitions: It is illegal for any person to:
• Take (capture or harm) these species in U.S. waters.
• Import or export them to/from the U.S.
• Possess, sell, buy, transport, or receive them in interstate or foreign commerce if obtained illegally.
• Attempt any of these acts.

• Exceptions: Prohibitions do not apply to species:
• Taken under approved scientific management plans that ensure sustainability and minimize ecosystem harm.
• From qualified cooperative breeding programs (designed for conservation by aquariums or zoos).
• Produced by qualified aquaculture or mariculture facilities (farmed in controlled settings without harming wild populations or ecosystems).
• Taken or traded for scientific research, museums, or zoo breeding/display with permits.
• Incidentally taken (unintentionally harmed during other activities) under Endangered Species Act (ESA) permits or equivalent foreign permits.
• However, no exceptions for "destructive collection practices" like using explosives, poison, or reef-dredging (dragging equipment that damages reefs); imports/exports require certification that no such practices were used.

• Enforcement Mechanisms:
• Civil Penalties: Up to $25,000 per violation, based on factors like violation severity, species value, and prior offenses; assessed by Secretaries of Interior or Commerce.
• Criminal Penalties: Knowing violations lead to fines, up to 6 months in prison (or 2 years for business importers/exporters); false certifications can bar future trade.
• Searches, Seizures, and Forfeitures: Authorized officials (from Interior, Commerce, Treasury, or Coast Guard) can seize species, equipment, or vessels; seized items are held pending proceedings and forfeited if violations are proven.
• Rewards: Informants (non-government employees) can receive rewards from penalties/fines; covers care costs for seized animals.
• Citizen Suits: Individuals can sue violators (including government agencies, subject to constitutional limits) in federal court for injunctions (court orders to stop actions), with 60-day notice required; courts can award legal fees. Government can intervene.
• Special note: American Samoa cases fall under Hawaii's federal court jurisdiction.

• Definitions and Effective Date: Key terms include "marine reef species" (coral reef dwellers traded commercially but not for food), "destructive collection practice" (e.g., poison use, evidenced by toxins in species), and "qualified" programs/facilities (those promoting conservation without wild harm). The Act takes effect 1 year after enactment.

Significant Changes to Existing Law

This bill introduces new, targeted protections beyond existing laws like CITES (which regulates international trade) and the ESA (which protects endangered species via permits). It expands coverage specifically to coral reef species in the aquarium/curio trade, mandates automatic inclusion of CITES Appendix II species (with opt-out only if low risk), and adds joint Interior-Commerce authority for designations and enforcement. It also creates unique elements like bans on destructive practices without exceptions, certification requirements for imports/exports, and rewards for informants, while incorporating citizen suits similar to those in major environmental laws (e.g., Clean Air Act) but tailored to marine trade.

Potential Impacts

• Government Agencies: The Departments of Interior (oversees wildlife) and Commerce (oversees fisheries and oceans) gain new responsibilities for species designations, permit approvals, enforcement, and joint rulemaking, potentially increasing workloads and coordination needs. Coast Guard and Treasury may see more seizures at ports/borders. This could enhance U.S. compliance with international treaties like CITES.
• Citizens: Hobbyists, aquarium owners, and collectors face restrictions on obtaining wild-caught species, shifting demand toward farmed or bred alternatives; violations could lead to fines or jail. Scientists and conservationists benefit from easier access via permits. Coastal communities (e.g., in Hawaii, Florida, or territories) may see reduced illegal fishing pressures.
• International Relations: Aligns U.S. law with CITES by protecting Appendix II species, potentially pressuring trading partners (e.g., in Asia or the Pacific) to curb destructive exports. Could reduce illegal trade flows but strain relations if foreign exporters view it as overly restrictive; promotes global reef conservation through shared standards.

Main Stakeholders Affected

• Environmental and Conservation Groups: Benefit from stronger protections and enforcement tools like citizen suits; may advocate for or monitor implementations.
• Aquarium and Pet Trade Industry: Faces limits on wild imports, pushing investment in sustainable farming/breeding; could see business disruptions if not adapted.
• Scientific and Educational Institutions: Gain facilitated access for research, museums, and zoos under exceptions.
• Commercial Fishers and Collectors: Restricted from taking/selling protected species, especially in U.S. waters or for export; impacts small-scale operators in reef-dependent areas.
• U.S. Government Agencies: Interior, Commerce, and enforcement bodies (e.g., NOAA, Fish and Wildlife Service) as primary implementers.
• International Traders and Foreign Governments: Affected by U.S. import bans, requiring compliance with certifications and sustainable practices to access U.S. markets.
• Local Communities: In U.S. territories like American Samoa or states with reefs (e.g., Hawaii), where reef health supports tourism, fishing, and biodiversity.

Notable Legal, Constitutional, or Political Implications

• Legal: Builds on ESA and CITES frameworks, creating enforceable prohibitions with flexible exceptions to balance conservation and economic uses; citizen suits empower public enforcement but include safeguards (e.g., notice periods) to avoid frivolous cases. Forfeiture provisions mirror customs laws, ensuring due process for seized property via bonds.
• Constitutional: Allows suits against government entities "to the extent permitted by the 11th Amendment" (which limits federal suits against states), respecting sovereign immunity. No direct challenges noted, but expanded federal oversight of waters (including the exclusive economic zone, a 200-nautical-mile offshore area) reinforces national authority over marine resources.
• Political: Positions the U.S. as a leader in ocean conservation amid global reef decline from climate change and overharvesting; bipartisan sponsorship (e.g., by Reps. Case and Huffman) suggests broad appeal, but could spark debates over trade impacts on industries or federal overreach in local fisheries. Effective date delay allows preparation, reducing immediate political friction.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Case, Ed [D-HI-1]

Cosponsors (2)

Rep. Huffman, Jared [D-CA-2], Del. Norton, Eleanor Holmes [D-DC-At Large]

Recent Actions

• 2025-03-18: Referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-03-18: Referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-03-18: Referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-03-18: Introduced in House
• 2025-03-18: Introduced in House

Bill Versions

• Saving Natural Ecosystems and Marine Organisms Act of 2025 — issued 2025-03-18 — PDF (19 pages)