The "Saving NEMO Act of 2025" protects marine reef species by prohibiting their take, import, or export, with exceptions for scientific purposes and qualified management plans, and establishes penalties for violations.
Ed Case
Representative
HI-1
The Saving NEMO Act of 2025 aims to protect marine reef species by designating certain species for protection and prohibiting their take, import, or export. It establishes exceptions for scientific, breeding, and management purposes, provided destructive collection practices are avoided. The Act enforces these provisions through civil and criminal penalties, rewards for information on violations, and citizen suits. It defines key terms related to marine reef conservation and sets an effective date for implementation.
Saving NEMO Act Targets Reef Species Trade: New Restrictions on Capture, Import Set to Begin One Year After Enactment
This bill, officially the "Saving Natural Ecosystems and Marine Organisms Act of 2025" (or Saving NEMO Act), aims to put stronger protections in place for specific marine reef species. Its core action is banning the capture of these designated species from U.S. waters and prohibiting their import or export. These significant restrictions are set to kick in one year after the bill's enactment, aiming to safeguard vulnerable species and the coral reef ecosystems they depend on.
Drawing the Line: Which Species are Covered and What's Banned?
The law works by creating a list of "covered coral reef species." This list starts with species already flagged in an international wildlife treaty (Appendix II of CITES) and allows the Interior Secretary to add others if their trade poses a "significant risk" to their survival or their reef habitat, or if they suffer high death rates during transport or in captivity. Once a species is on the list, the rules are strict: you generally can't take them from U.S. waters, import them, export them, or buy/sell any that were illegally sourced. For businesses or hobbyists involved in the marine aquarium trade, this could mean certain popular fish or corals become unavailable if they are wild-caught or imported unsustainably.
Finding Nemo (Legally): The Exceptions to the Rules
It's not a total ban across the board. The bill includes exceptions for species collected under a "qualified scientifically-based management plan," meaning sustainable harvesting might still be possible if rigorously monitored. Exceptions also exist for approved scientific research, museum displays, certified cooperative breeding programs, and qualified aquaculture facilities. There's also leeway if species are caught accidentally under permits issued via the Endangered Species Act. However, a major catch applies to all exceptions: they're void if "destructive collection practices" were used (think methods like cyanide or dynamite fishing, though the specifics of this term will be crucial). Anyone relying on these exceptions will need clear certification that their methods are clean.
Breaking the Rules? Expect Penalties
The NEMO Act comes with significant enforcement measures. Violations can lead to civil penalties up to $25,000 per violation, considering the severity and prior offenses. Criminal penalties include fines and potential jail time – up to 6 months for general violations and up to 2 years for those knowingly involved in the import/export business. Falsifying certifications also carries stiff penalties. Authorities can search for and seize illegally obtained species and related equipment (like boats or gear), which can then be forfeited. Interestingly, the bill also empowers citizens: if you see a violation and the government doesn't act within 60 days of being notified, you can potentially bring a civil lawsuit yourself. The effectiveness of these penalties will hinge on clear definitions and consistent enforcement, particularly around what counts as "destructive" or a "significant risk."