No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6447 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6447
To prohibit certain actions with respect to certain marine reef
species, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2023
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'' or the ``Saving NEMO Act''.
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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Trade.
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