Sponsors (8)
The bill consolidates authority and clarifies definitions to streamline management of migratory fish and preserve ongoing permits and legal processes, but those gains come with significant transition risks—delays, altered enforcement reach, reopened listings, potential loss of marine expertise, and near‑term compliance costs for governments, businesses, and taxpayers.
State and local resource managers and federal land managers: a single Interior-led permitting and recovery process for anadromous/catadromous fish will consolidate ESA authority and can simplify coordination and speed habitat restoration and project approvals.
Federal, state, and local agencies (and recipients of federal programs): clearer statutory definitions of 'anadromous' and 'catadromous' aligned with the ESA will reduce jurisdictional ambiguity and promote consistent treatment of migratory fish across statutes.
Stakeholders in ongoing cases and permit holders (including local and state governments): ongoing lawsuits, appeals, permits, contracts, and proceedings remain in force and statutory procedural safeguards (notice, hearings, record review) are preserved, providing legal continuity and due process during the transfer.
State and local governments, rural communities, and businesses: shifting authority and reorganizing staff/processes will likely cause regulatory uncertainty and delays in permitting, restoration projects, and conservation actions during the transition.
State and local governments, nonprofits, utilities, and other regulated entities: broader definitions of 'function' and 'office' and consolidation of authority may change enforcement priorities, expand regulatory obligations, and increase compliance burdens and legal exposure.
Businesses, water users, conservation projects, and taxpayers: discretionary reconsideration of recent NMFS listings could reopen settled decisions and produce legal and economic uncertainty for operations and investments tied to species listings.
Based on analysis of 4 sections of legislative text.
Transfers ESA authority for anadromous and catadromous species from Commerce/NMFS to the Interior Secretary and allows limited reconsideration of recent NMFS determinations.
Introduced March 6, 2025 by Ken Calvert · Last progress March 6, 2025
Transfers responsibility for implementing the Endangered Species Act (ESA) for anadromous (sea-to-freshwater) and catadromous (freshwater-to-sea) species from the Department of Commerce/National Marine Fisheries Service (NMFS) to the Department of the Interior (DOI). The Interior Secretary may reconsider recent NMFS final determinations for those species if requested within one year of the transfer, and existing permits, orders, grants, contracts, and litigation related to the transferred functions remain in force but can be continued, substituted, or modified by the receiving agency.