119-hr2176

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2176 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2176

 To prohibit certain actions with respect to certain marine reef 
 species, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 18, 2025

 Mr. Case (for himself and Mr. Huffman) introduced the following bill; 
 which was 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

_______________________________________________________________________

 A BILL

 To prohibit certain actions with respect to certain marine reef 
 species, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Saving Natural Ecosystems and Marine 
Organisms Act of 2025'' or the ``Saving NEMO Act of 2025''.

SEC. 2. PROHIBITION WITH RESPECT TO CERTAIN MARINE REEF SPECIES.

    (a) Designation of Covered Coral Reef Species.--

    (1) In general.--The Secretary of the Interior shall 
 designate as a covered coral reef species--
        (A) any marine reef species that is listed in 
 Appendix II of the Convention on International Trade in 
 Endangered Species of Wild Fauna and Flora--
            (i) as of the effective date of this 
 section; and
            (ii) after the effective date of this 
 section, unless the Secretary of the Interior, 
 in consultation with the Secretary of Commerce, 
 finds, not later than 90 days after the 
 effective date of the inclusion of such species 
 in Appendix II, that the take, import, and 
 export of such species do not represent a 
 substantial risk of harm to the sustainability 
 of such species and the coral reef ecosystem of 
 such species; and
        (B) any marine reef species the take, import, or 
 export of which the Secretary of the Interior and the 
 Secretary of Commerce jointly determine, after notice 
 and opportunity for public comment--
            (i) presents a substantial risk of harm to 
 the sustainability of such species or the coral 
 reef ecosystem of such species; or
            (ii) results in high mortality rates for 
 individuals of such species due to poor 
 survivorship in transport or captivity.

    (2) Removal of designation.--
        (A) In general.--The Secretary of the Interior may 
 remove the designation of a species as a covered coral 
 reef species if the Secretary determines that such 
 removal does not represent a substantial risk of harm 
 to the sustainability of such species or the coral reef 
 ecosystem of such species.
        (B) Role of secretary of commerce.--In carrying out 
 subparagraph
        (A) , the Secretary of the Interior shall 
 consult with the Secretary of Commerce with respect to 
 a covered coral reef species described in paragraph

    (1)
        (A) and act jointly with the Secretary of Commerce 
 with respect to a covered coral reef species described 
 in subparagraph

    (1)
        (B) .

    (b) Prohibition.--It is unlawful for any person to--

    (1) take an individual of any covered coral reef species 
 within waters under the jurisdiction of the United States;

    (2) import into or export from the United States an 
 individual of any covered coral reef species;

    (3) possess, sell, purchase, deliver, carry, transport, or 
 receive in interstate or foreign commerce an individual of any 
 covered coral reef species taken or imported in violation of 
 paragraph

    (1) or

    (2) ; or

    (4) attempt to commit any act described in paragraphs

    (1) through

    (3) .
            (c) Exceptions.--

    (1) In general.--Subsection

    (b) does not apply with respect 
 to an individual of a covered coral reef species that is--
        (A) taken in accordance with a qualified 
 scientifically-based management plan for such covered 
 coral reef species, as determined by the appropriate 
 Secretary;
        (B) a product of a qualified cooperative breeding 
 program for such covered coral reef species, as 
 determined by the appropriate Secretary;
            (C) a product of a qualified aquaculture or 
 mariculture facility, as determined by the appropriate 
 Secretary;
            (D) taken pursuant to authorization by the 
 Secretary of Commerce, or imported or exported pursuant 
 to authorization by the Secretary of the Interior, for 
 scientific purposes, museum purposes, or zoological 
 breeding or display; or
        (E) taken pursuant to--
            (i) an applicable incidental take permit 
 issued under 

section 10

    (a)

    (1)
        (B) of the 
 Endangered Species Act of 1973 (16 U.S.C. 
 1539

    (a)

    (1)
        (B) ); or
            (ii) an applicable permit issued by a 
 country other than the United States if such 
 permit is equivalent to an incidental take 
 permit described in clause
            (i) , as determined 
 by the appropriate Secretary.

    (2) Destructive collection practices.--The exceptions 
 described in paragraph

    (1) do not apply with respect to an 
 individual of a covered coral reef species that is, as 
 determined by the appropriate Secretary--
        (A) taken through the use of any destructive 
 collection practice; or
        (B) imported or exported without a certification by 
 the importer or exporter that such individual to be 
 imported or exported was not taken through the use of 
 any destructive collection practice.
            (d) Enforcement.--

    (1) Civil penalties.--The Secretary of the Interior or the 
 Secretary of Commerce, upon finding a violation of subsection

    (b) , may require the person responsible for such violation to 
 pay a civil penalty in an amount determined under a schedule of 
 penalties jointly issued by the Secretary of the Interior and 
 the Secretary of Commerce, but which does not exceed $25,000 
 for each violation, and which takes into account--
        (A) the nature of the violation involved;
        (B) the monetary value of each individual of a 
 covered coral reef species that is the subject of the 
 violation involved;
            (C) any previous violation of subsection

    (b) by the 
 person; and
            (D) such other factors as the Secretary of the 
 Interior or the Secretary of Commerce determines 
 appropriate.

    (2) Declaratory or injunctive relief.--The Attorney General 
 may bring a civil action in an appropriate United States 
 district court seeking declaratory or injunctive relief for any 
 alleged violation of subsection

    (b) .

    (3) Criminal penalties.--
        (A) In general.--Any person that knowingly violates 
 subsection

    (b) shall be fined in accordance with title 
 18, United States Code, imprisoned for not more than 6 
 months, or both.
        (B) Persons engaged in business.--Any person 
 engaged in business as an importer or exporter of a 
 covered coral reef species that knowingly violates 
 subsection

    (b) shall be fined in accordance with title 
 18, United States Code, imprisoned for not more than 2 
 years, or both.
            (C) False statements in certifications.--Any person 
 that knowingly makes, causes to be made, or submits any 
 false material statement or representation in a 
 certification under subsection
            (c) (2)
        (B) shall be fined 
 in accordance with title 18, United States Code, 
 imprisoned for not more than 2 years, or both, and may 
 also be prohibited from importing or exporting any 
 covered coral reef species.

    (4) Rewards and incidental expenses.--
        (A) In general.--The Secretary of the Interior or 
 the Secretary of Commerce may pay, from sums received 
 as penalties, fines, or forfeitures of property for 
 violations of subsection

    (b) --
            (i) a reward to any person that furnishes 
 information which leads to an arrest, criminal 
 conviction, civil penalty assessment, or 
 forfeiture of property for any violation of 
 subsection

    (b) ; and
            (ii) the reasonable and necessary costs 
 incurred by any person in providing temporary 
 care for any individual of a covered coral reef 
 species pending the disposition of any civil or 
 criminal proceeding alleging a violation of 
 subsection

    (b) .
        (B) Ineligibility of government officials.--Any 
 officer or employee of the United States or any State 
 or local government who furnishes information or 
 renders service in the performance of their official 
 duties is ineligible to receive a reward under this 
 paragraph.

    (5) Executive branch enforcement.--
        (A) Searches and seizures.--
            (i) In general.--Any person authorized by 
 the Secretary of the Interior, the Secretary of 
 Commerce, the Secretary of the Treasury, or the 
 Secretary of the Department in which the Coast 
 Guard is operating may search for and seize any 
 individual of a covered coral reef species 
 taken, imported, exported, possessed, sold, 
 purchased, delivered, carried, transported, or 
 received in violation of subsection

    (b) , as 
 authorized by law.
            (ii) Seized covered coral reef species.--
 Each individual of a covered coral reef species 
 seized under clause
            (i) shall be held by any 
 person so authorized pending disposition of 
 civil or criminal proceedings, or the 
 institution of an action in rem for forfeiture 
 of each such individual pursuant to 
 subparagraph
            (C) , except that the appropriate 
 Secretary may, in lieu of holding each such 
 individual, allow the owner or consignee to 
 post a bond or other surety satisfactory to the 
 appropriate Secretary, but upon forfeiture of 
 any such property to the United States, or the 
 abandonment or waiver of any claim to any such 
 property, it shall be disposed of (other than 
 by sale to the general public) by the 
 appropriate Secretary in such a manner, 
 consistent with the purposes of this section, 
 as the appropriate Secretary shall by 
 regulation prescribe.
        (B) Citations.--If any officer authorized to 
 enforce the provisions of this section finds that a 
 person has violated subsection

    (b) , such officer may, 
 in accordance with regulations jointly issued by the 
 Secretary of the Interior, the Secretary of Commerce, 
 and the Secretary of the Department in which the Coast 
 Guard is operating, issue a citation to the violator.
            (C) Forfeiture.--
            (i) Covered coral reef species.--Any 
 individual of a covered coral reef species 
 taken, imported, exported, possessed, sold, 
 delivered, carried, transported, or received in 
 interstate or foreign commerce in violation of 
 subsection

    (b) shall be subject to forfeiture 
 to the United States.
            (ii) Equipment used in unlawful 
 practices.--All guns, traps, nets, and other 
 equipment and vessels, vehicles, aircraft, and 
 other means of transportation used to aid a 
 violation of subsection

    (b) , shall be subject 
 to forfeiture to the United States upon the 
 conviction of the person that owns such 
 equipment or means of transportation of a 
 criminal violation pursuant to subparagraph
        (A) or
        (B) of paragraph

    (3) .
            (D) Other provisions of law.--Any provision of law 
 relating to the seizure, forfeiture, and condemnation 
 of a vessel for violation of a customs law, the 
 disposition of such vessel or the proceeds from the 
 sale thereof, and the remission or mitigation of such 
 forfeiture shall apply to any seizure or forfeiture 
 incurred or allegedly incurred under this section, 
 insofar as such provision of law is applicable and not 
 inconsistent with the provisions of this section, 
 except that all powers, rights, and duties conferred or 
 imposed by the customs laws upon any officer or 
 employee of the Department of the Treasury shall, for 
 the purposes of this section, be exercised or performed 
 by the Secretary of Commerce or by such persons as the 
 Secretary of Commerce may designate.

    (6) Citizen actions.--
        (A) In general.--Except as provided in subparagraph
            (D) , any person may commence a civil action to enjoin 
 any person, including the United States and any other 
 governmental instrumentality or agency (to the extent 
 allowed by the 11th Amendment to the Constitution), 
 that is alleged to be in violation of subsection

    (b) .
        (B) Jurisdiction of district courts.--The United 
 States District Court for the judicial district in 
 which the alleged violation occurs shall have 
 jurisdiction in all actions brought under this 
 paragraph, without regard to the amount in controversy 
 or the citizenship of the parties.
            (C) Intervention by attorney general.--In any 
 action under this paragraph in which the United States 
 is not a party, the Attorney General may intervene on 
 behalf of the United States as a matter of right.
            (D) Exceptions.--No action may be commenced under 
 this paragraph for an alleged violation of subsection

    (b) --
            (i) before the date that is 60 days after 
 the date on which written notice of such 
 alleged violation is given to the Secretary of 
 the Interior, the Secretary of Commerce, and 
 any alleged violator of such subsection; or
            (ii) if the Secretary of the Interior, the 
 Secretary of Commerce, or the Attorney General 
 has initiated an enforcement action under this 
 subsection with respect to such alleged 
 violation.
        (E) Recovery of court costs.--In any action brought 
 pursuant to subparagraph
        (A) , the court may award costs 
 of litigation (including reasonable attorney and expert 
 witness fees) to any party whenever the court 
 determines such award is appropriate.
        (F) Relief under other laws.--The injunctive relief 
 provided by this paragraph shall not restrict any right 
 which any person may have under any statute or common 
 law to seek enforcement of any standard or limitation 
 or to seek any other relief.

    (7) American samoa.--For the purposes of any action brought 
 under this subsection, American Samoa shall be included within 
 the judicial district of the United States District Court for 
 the District of Hawaii.

    (e) 

=== Definitions. ===
-In this section:

    (1) Appropriate secretary.--The term ``appropriate 
 Secretary'' means--
        (A) the Secretary of Commerce with respect to 
 domestic matters;
        (B) the Secretary of Commerce and the Secretary of 
 the Interior with respect to foreign matters; or
            (C) the Secretary with jurisdiction over the waters 
 in which the matter is located with respect to matters 
 located in waters within the exclusive economic zone.

    (2) Covered coral reef species.--The term ``covered coral 
 reef species'' means any marine reef species designated by the 
 Secretary of the Interior under subsection

    (a) .

    (3) Destructive collection practice.--
        (A) In general.--The term ``destructive collection 
 practice'' means any practice used to take an 
 individual of a covered coral reef species that 
 involves the use of any of the following:
            (i) Reef-dredging.
            (ii) Explosives.
            (iii) Poison.
            (iv) Any other destructive collection 
 practice identified by the Secretary of 
 Commerce by regulation, in consultation with 
 the Secretary of the Interior.
        (B) Presence of poisons.--For the purposes of this 
 paragraph, the presence of any poison, or any 
 metabolite associated with any such poison, in an 
 individual of a covered coral reef species shall 
 constitute evidence that poison was used in the take of 
 such individual.

    (4) Exclusive economic zone.--The term ``exclusive economic 
 zone'' has the meaning given the term in 

section 3 of the 
 Magnuson-Stevens Fishery Conservation and Management Act (16 
 U.S.C. 1802).

    (5) Marine reef species.--The term ``marine reef 
 species''--
        (A) means a marine species that--
            (i) as determined by the Secretary of the 
 Interior, lives primarily within a coral reef, 
 including species of coral; and
            (ii) is collected commercially for the 
 aquarium and curio trade; and
        (B) does not include a marine species described in 
 subparagraph
        (A) that is ordinarily taken for human 
 consumption.

    (6) Qualified aquaculture or mariculture facility.--The 
 term ``qualified aquaculture or mariculture facility'' means an 
 aquaculture or mariculture facility that, with respect to a 
 covered coral reef species--
        (A) only sells individuals of the covered coral 
 reef species that are produced by such facility;
        (B) operates in a manner that is not detrimental to 
 the conservation of the covered coral reef species in 
 the wild;
            (C) operates in a manner that does not harm the 
 coral reef ecosystem of the covered coral reef species, 
 including by introducing non-indigenous species or 
 pathogens; and
            (D) operates with safeguards sufficient to prevent 
 the escape of--
            (i) captive individuals of the covered 
 coral reef species; and
            (ii) eggs, larvae, young, fragments, and 
 other organs of propagation of such covered 
 coral reef species.

    (7) Qualified cooperative breeding program.--The term 
 ``qualified cooperative breeding program'' means a cooperative 
 breeding program that--
        (A) is designed to promote the conservation of a 
 covered coral reef species and maintain such covered 
 coral reef species in the wild by enhancing the 
 propagation and survival of such covered coral reef 
 species; and
        (B) is developed and administered by, or in 
 conjunction with, an aquarium, conservation, or 
 zoological organization that meets standards 
 established by the appropriate Secretary.

    (8) Qualified scientifically-based management plan.--The 
 term ``qualified scientifically-based management plan'' means a 
 scientifically-based management plan that--
        (A) provides for the conservation of a covered 
 coral reef species and the habitat of such covered 
 coral reef species;
        (B) provides that individuals of a covered coral 
 reef species are taken in a manner and in quantities 
 that--
            (i) do not threaten the biological 
 sustainability of such covered coral reef 
 species or the role of such covered coral reef 
 species in the coral reef ecosystem of such 
 covered coral reef species; and
            (ii) minimize the adverse impact of the 
 take of such covered coral reef species on the 
 coral reef ecosystem of such covered coral reef 
 species;
            (C) addresses factors relevant to the conservation 
 of the covered coral reef species, including--
            (i) illegal trade;
            (ii) domestic trade;
            (iii) subsistence use;
            (iv) disease;
            (v) habitat loss; and
            (vi) cumulative effects of the take of the 
 covered coral reef species; and
            (D) prohibits the use of destructive collection 
 practices.

    (f) Effective Date.--This section shall take effect on the date 
that is 1 year after the date of the enactment of this section.
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