H.R. 2176

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

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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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