PolicyBrief
H.R. 2176
119th CongressMar 18th 2025
Saving Natural Ecosystems and Marine Organisms Act of 2025
IN COMMITTEE

This bill establishes federal prohibitions and penalties for the taking, importing, and exporting of designated marine reef species to protect natural ecosystems.

Ed Case
D

Ed Case

Representative

HI-1

LEGISLATION

Saving NEMO Act Bans Trade of Vulnerable Reef Species, Imposes $25K Fines for Illegal Aquarium Trade

The new Saving Natural Ecosystems and Marine Organisms Act of 2025—or the Saving NEMO Act—is a major federal crackdown on the commercial aquarium trade for certain vulnerable marine life. Starting one year from enactment, this bill essentially bans the taking, importing, exporting, or selling of specific coral reef species unless they come from highly regulated, approved sources. It’s a move designed to protect fragile reef ecosystems by making it illegal to trade species already identified as needing international protection under CITES Appendix II, with penalties that could cost commercial violators their business—or their freedom.

The 'Covered Species' Blacklist

This bill doesn’t target every fish or coral; it focuses on species that live primarily on reefs and are collected for the aquarium trade. The Secretary of the Interior must designate any species listed in CITES Appendix II as a “covered coral reef species.” Think of CITES Appendix II as the international watch list for species that aren't yet endangered but could be if trade isn't strictly controlled. The Secretaries of Interior and Commerce have a 90-day window after a listing to jointly decide if trade in that species doesn't pose a risk. If they can't agree, or if the species suffers high death rates during transport, it gets the protected designation. Once a species is covered, it’s illegal to take it from U.S. waters or import/export it. For the small business owner in the aquarium trade, this means the supply chain for many exotic species is about to be cut off unless they can prove the specimens meet strict exceptions.

No More Dynamite Fishing: The Ban on Destructive Practices

One of the most important provisions locks down the method of collection. Even if you qualify for one of the exceptions—say, you’re importing a covered species for a museum display or a scientific study—that exception is immediately void if the animal was collected using destructive practices. The bill specifically bans collection methods like dredging, explosives, or poison. Finding poison residue in a specimen is considered proof that it was collected illegally. This is a huge win for conservationists, as these methods often destroy large swaths of the surrounding reef just to capture a few specimens. It forces the entire industry—from collectors to importers—to adopt sustainable, non-destructive harvesting methods, or exit the market entirely for covered species.

Exceptions: The Fine Print for Scientists and Farmers

This isn't an outright ban on all activity. The bill carves out narrow exceptions for highly regulated operations. You can still take or trade covered species if they come from a scientifically approved management plan, a cooperative breeding program, or a qualified aquaculture (farmed) facility. The key word here is “qualified.” These facilities must meet specific standards to ensure they genuinely conserve the species and don't harm the wild population. Furthermore, the Secretaries can authorize taking for scientific study or zoological breeding programs. If you're a legitimate researcher, this provides a clear pathway to access the species you need, but you'll have to deal with federal bureaucracy and strict certification requirements.

Penalties That Hit Hard

For those who try to skirt the rules, the penalties are significant. If you violate the rules, the government can hit you with a civil penalty of up to $25,000 per violation. They factor in the severity of the violation, the monetary value of the species, and whether you're a repeat offender. If you knowingly break the rules, especially if you're in the business of importing or exporting, you could face up to two years in jail and hefty fines. Lying on a certification form about how the animal was collected also carries a two-year jail term and a ban on future importing. This isn't a slap on the wrist; these are serious deterrents aimed at dismantling illegal trade networks.

Citizen Enforcement: Your Right to Sue

In a powerful move, the bill includes a citizen lawsuit provision. If you believe someone is violating these prohibitions—even the government itself—you can sue them in federal court to stop the activity. Before you file, you have to give 60 days' written notice to the alleged violator and the relevant federal agencies. This provision empowers regular citizens and conservation groups to act as watchdogs, ensuring the law is enforced, though the government can preempt your lawsuit if they’ve already started their own enforcement action. This is a tool that puts enforcement power directly into the hands of the public, which is a significant check on the system.