Sponsors (8)
The bill centralizes migratory-fish and related ESA functions at the Interior to improve clarity, continuity, and transparency, but it creates transitional regulatory uncertainty, potential expansion of regulatory reach, administrative disruption, and litigation risk that could significantly affect fishers, businesses, and government entities.
Fisheries managers, coastal and rural communities, and state/local agencies gain a clearer, unified regulatory authority over migratory (anadromous/catadromous) fish because ESA responsibility and related functions are consolidated at the Department of the Interior, reducing cross-agency ambiguity.
State and local agencies, tribes, and conservation groups keep existing permits, proceedings, and ongoing litigation unaffected by the transfer, preserving operational continuity and avoiding immediate regulatory disruption.
People and local governments affected by recent NMFS listings gain a formal reconsideration process (a 365-day window to request review of NMFS final determinations made within the prior 3 years) and public transparency because the Secretary of the Interior must publish final reconsideration decisions.
Commercial fishers, utilities, small businesses, and local governments may face significant regulatory uncertainty and transitional disruption (permits, management approaches, compliance obligations) as oversight shifts from NOAA/NMFS to Interior and as broader definitions potentially expand regulatory reach.
Vague or expansive statutory definitions and the scope of transferred functions could invite litigation over authority and scope, causing legal costs, delays in implementation, and continued uncertainty for regulated parties and agencies.
State and local agencies, hospitals/health-systems, federal employees at NMFS/Commerce, and other stakeholders may face administrative complexity and personnel disruption (changed contacts, procedures, or job reassignments) during and after the transfer.
Based on analysis of 4 sections of legislative text.
Shifts all ESA responsibilities for anadromous and catadromous species from Commerce/NMFS to the Department of the Interior, adds definitions, preserves legal continuity, and allows limited reconsideration of recent NMFS decisions.
Introduced March 6, 2025 by Ken Calvert · Last progress March 6, 2025
Moves federal responsibility for Endangered Species Act duties involving anadromous (freshwater-spawning, ocean-migrating) and catadromous (ocean-spawning, freshwater-migrating) species from the Department of Commerce/National Marine Fisheries Service to the Department of the Interior. It adds clear definitions for those species, lets the Interior Secretary review recent final NMFS decisions within a limited window, and preserves existing lawsuits, orders, and administrative actions while changing which agency holds the authority. The law broadly transfers related functions and interprets references to Commerce/NMFS as references to Interior for those species, defines key terms like “function” and “office,” and requires public notice of decisions on reconsideration petitions filed after the transfer is completed.