Summary

Shifts Endangered Species Act (ESA) responsibility for salmon, eels, and other migratory fish that move between fresh and salt water from the Department of Commerce/NOAA’s National Marine Fisheries Service to the Department of the Interior. It updates ESA definitions so “Secretary” means the Secretary of the Interior for these fish and adds clear definitions for anadromous and catadromous species. Allows certain recent NOAA/NMFS final decisions (made within three years before the transfer) to be reconsidered by Interior if requested within one year after the transfer is completed. Keeps ongoing rules, permits, consultations, and lawsuits in place and ensures existing procedural rules continue during and after the handoff.

Key Points

• Moves ESA jurisdiction for anadromous and catadromous fish from Commerce/NOAA to Interior.
• Clarifies ESA definitions so “Secretary” means Interior for these fish and adds species definitions.
• Lets Interior reconsider certain NMFS final decisions made within 3 years before the transfer.
• Reconsideration requests must be filed within 1 year after the transfer is completed.
• Keeps existing permits, orders, rules, consultations, and lawsuits in place through the transition.
• Maintains prior procedural rules for notice, hearings, and review at the new agency.
• Allows Interior to use ESA authorities needed to perform the transferred functions.
• Standardizes how references to the old agency are read after the transfer, avoiding gaps or confusion.

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