H.R.2176 - Saving Natural Ecosystems and Marine Organisms Act of 2025; Saving NEMO Act of 2025 (119th Congress)
Summary
H.R.2176, the Saving Natural Ecosystems and Marine Organisms Act of 2025 (Saving NEMO Act of 2025), aims to protect certain marine reef species by prohibiting specific actions related to them. It directs the Secretary of the Interior to designate covered coral reef species based on their listing in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora or a joint determination by the Secretaries of Interior and Commerce regarding risks to their sustainability.
The bill outlines prohibitions on taking, importing, exporting, possessing, selling, or transporting covered coral reef species. It also establishes exceptions for activities conducted under qualified management plans, cooperative breeding programs, aquaculture facilities, or for scientific, museum, or zoological purposes.
Enforcement mechanisms include civil and criminal penalties, rewards for information leading to convictions, and citizen actions to enjoin violations. The Act defines key terms such as 'destructive collection practice' and 'qualified aquaculture or mariculture facility' to clarify its scope and application.
Expected Effects
The likely effect of this bill is increased protection for designated coral reef species within U.S. jurisdiction and in international trade. This will likely lead to changes in how these species are managed, traded, and utilized for commercial or scientific purposes.
Businesses and individuals involved in the aquarium trade, scientific research, or related activities may face new regulations and restrictions. The bill could also lead to increased enforcement actions against illegal harvesting and trade of protected coral reef species.
Potential Benefits
- Enhanced Marine Biodiversity: Protecting coral reef species contributes to the overall health and biodiversity of marine ecosystems.
- Sustainable Fisheries: Healthy coral reefs support sustainable fisheries, benefiting coastal communities and economies.
- Ecosystem Services: Coral reefs provide valuable ecosystem services, such as coastal protection from storms and erosion.
- Scientific Research: Protecting these species allows for continued scientific research and understanding of marine ecosystems.
- Tourism and Recreation: Healthy coral reefs attract tourism and recreational activities, boosting local economies.
Potential Disadvantages
- Economic Impacts: Restrictions on trade and collection could negatively impact businesses involved in the aquarium and curio trade.
- Increased Regulatory Burden: Businesses and individuals may face increased compliance costs due to new regulations and permitting requirements.
- Enforcement Costs: Increased enforcement efforts could strain government resources.
- Potential for Litigation: The citizen action provision could lead to increased litigation and legal challenges.
- Limited Scope: The bill focuses specifically on coral reef species, potentially neglecting other important marine species and habitats.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) by regulating interstate and foreign commerce related to marine reef species. The enforcement provisions, including civil and criminal penalties, are consistent with the powers granted to Congress to enact laws necessary and proper for carrying out its enumerated powers (Article I, Section 8, Clause 18).
The citizen action provision is subject to the Eleventh Amendment, which limits the ability of individuals to sue states in federal court. The bill acknowledges this limitation.
Overall, the bill seems to operate within the constitutional framework, although specific applications could raise questions about due process or takings if regulations are overly burdensome.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).