[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>