I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Saving Natural Eco5 systems and Marine Organisms Act’’ or the ‘‘Saving 

6 NEMO Act’’. 


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1 SEC. 2. PROHIBITION WITH RESPECT TO CERTAIN MARINE 

2 REEF SPECIES. 

3 (a) DESIGNATION OF COVERED CORAL REEF SPE4 CIES.— 

5 (1) IN GENERAL.—The Secretary of the Inte6 rior shall designate as a covered coral reef species— 

7 (A) any marine reef species that is listed 

8 in Appendix II of the Convention on Inter9 national Trade in Endangered Species of Wild 

10 Fauna and Flora— 

11 (i) as of the effective date of this sec12 tion; and 

13 (ii) after the effective date of this sec14 tion, unless the Secretary of the Interior, 

15 in consultation with the Secretary of Com16 merce, finds, not later than 90 days after 

17 the effective date of the inclusion of such 

18 species in Appendix II, that the take, im19 port, and export of such species do not 

20 represent a substantial risk of harm to the 

21 sustainability of such species and the coral 

22 reef ecosystem of such species; and 

23 (B) any marine reef species the take, im24 port, or export of which the Secretary of the In25 terior and the Secretary of Commerce jointly 


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1 determine, after notice and opportunity for pub2 lic comment— 

3 (i) presents a substantial risk of harm 

4 to the sustainability of such species or the 

5 coral reef ecosystem of such species; or 

6 (ii) results in high mortality rates for 

7 individuals of such species due to poor sur8 vivorship in transport or captivity. 

9 (2) REMOVAL OF DESIGNATION.— 

10 (A) IN GENERAL.—The Secretary of the 

11 Interior may remove the designation of a spe12 cies as a covered coral reef species if the Sec13 retary determines that such removal does not 

14 represent a substantial risk of harm to the sus15 tainability of such species or the coral reef eco16 system of such species. 

17 (B) ROLE OF SECRETARY OF COM18 MERCE.—In carrying out subparagraph (A), the 

19 Secretary of the Interior shall consult with the 

20 Secretary of Commerce with respect to a cov21 ered coral reef species described in paragraph 

22 (1)(A) and act jointly with the Secretary of 

23 Commerce with respect to a covered coral reef 

24 species described in subparagraph (1)(B). 

25 (b) PROHIBITION.—It is unlawful for any person to— 


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1 (1) take an individual of any covered coral reef 

2 species within waters under the jurisdiction of the 

3 United States; 

4 (2) import into or export from the United 

5 States an individual of any covered coral reef spe6 cies; 

7 (3) possess, sell, purchase, deliver, carry, trans8 port, or receive in interstate or foreign commerce an 

9 individual of any covered coral reef species taken or 

10 imported in violation of paragraph (1) or (2); or 

11 (4) attempt to commit any act described in 

12 paragraphs (1) through (3). 

13 (c) EXCEPTIONS.— 

14 (1) IN GENERAL.—Subsection (b) does not 

15 apply with respect to an individual of a covered coral 

16 reef species that is— 

17 (A) taken in accordance with a qualified 

18 scientifically-based management plan for such 

19 covered coral reef species, as determined by the 

20 appropriate Secretary; 

21 (B) a product of a qualified cooperative 

22 breeding program for such covered coral reef 

23 species, as determined by the appropriate Sec24 retary; 


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1 (C) a product of a qualified aquaculture or 

2 mariculture facility, as determined by the ap3 propriate Secretary; 

4 (D) taken pursuant to authorization by the 

5 Secretary of Commerce, or imported or ex6 ported pursuant to authorization by the Sec7 retary of the Interior, for scientific purposes, 

8 museum purposes, or zoological breeding or dis9 play; or 

10 (E) taken pursuant to— 

11 (i) an applicable incidental take per12 mit issued under section 10(a)(1)(B) of 

13 the Endangered Species Act of 1973 (16 

14 U.S.C. 1539(a)(1)(B)); or 

15 (ii) an applicable permit issued by a 

16 country other than the United States if 

17 such permit is equivalent to an incidental 

18 take permit described in clause (i), as de19 termined by the appropriate Secretary. 

20 (2) DESTRUCTIVE COLLECTION PRACTICES.— 

21 The exceptions described in paragraph (1) do not 

22 apply with respect to an individual of a covered coral 

23 reef species that is, as determined by the appro24 priate Secretary— 


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1 (A) taken through the use of any destruc2 tive collection practice; or 

3 (B) imported or exported without a certifi4 cation by the importer or exporter that such in5 dividual to be imported or exported was not 

6 taken through the use of any destructive collec7 tion practice. 

8 (d) ENFORCEMENT.— 

9 (1) CIVIL PENALTIES.—The Secretary of the 

10 Interior or the Secretary of Commerce, upon finding 

11 a violation of subsection (b), may require the person 

12 responsible for such violation to pay a civil penalty 

13 in an amount determined under a schedule of pen14 alties jointly issued by the Secretary of the Interior 

15 and the Secretary of Commerce, but which does not 

16 exceed $25,000 for each violation, and which takes 

17 into account— 

18 (A) the nature of the violation involved; 

19 (B) the monetary value of each individual 

20 of a covered coral reef species that is the sub21 ject of the violation involved; 

22 (C) any previous violation of subsection (b) 

23 by the person; and 


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1 (D) such other factors as the Secretary of 

2 the Interior or the Secretary of Commerce de3 termines appropriate. 

4 (2) DECLARATORY OR INJUNCTIVE RELIEF.— 

5 The Attorney General may bring a civil action in an 

6 appropriate United States district court seeking de7 claratory or injunctive relief for any alleged violation 

8 of subsection (b). 

9 (3) CRIMINAL PENALTIES.— 

10 (A) IN GENERAL.—Any person that know11 ingly violates subsection (b) shall be fined in ac12 cordance with title 18, United States Code, im13 prisoned for not more than 6 months, or both. 

14 (B) PERSONS ENGAGED IN BUSINESS.— 

15 Any person engaged in business as an importer 

16 or exporter of a covered coral reef species that 

17 knowingly violates subsection (b) shall be fined 

18 in accordance with title 18, United States Code, 

19 imprisoned for not more than 2 years, or both. 

20 (C) FALSE STATEMENTS IN CERTIFI21 CATIONS.—Any person that knowingly makes, 

22 causes to be made, or submits any false mate23 rial statement or representation in a certifi24 cation under subsection (c)(2)(B) shall be fined 

25 in accordance with title 18, United States Code, 


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1 imprisoned for not more than 2 years, or both, 

2 and may also be prohibited from importing or 

3 exporting any covered coral reef species. 

4 (4) REWARDS AND INCIDENTAL EXPENSES.— 

5 (A) IN GENERAL.—The Secretary of the 

6 Interior or the Secretary of Commerce may pay, 

7 from sums received as penalties, fines, or for8 feitures of property for violations of subsection 

9 (b)— 

10 (i) a reward to any person that fur11 nishes information which leads to an ar12 rest, criminal conviction, civil penalty as13 sessment, or forfeiture of property for any 

14 violation of subsection (b); and 

15 (ii) the reasonable and necessary costs 

16 incurred by any person in providing tem17 porary care for any individual of a covered 

18 coral reef species pending the disposition 

19 of any civil or criminal proceeding alleging 

20 a violation of subsection (b). 

21 (B) INELIGIBILITY OF GOVERNMENT OFFI22 CIALS.—Any officer or employee of the United 

23 States or any State or local government who 

24 furnishes information or renders service in the 


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1 performance of their official duties is ineligible 

2 to receive a reward under this paragraph. 

3 (5) EXECUTIVE BRANCH ENFORCEMENT.— 

4 (A) SEARCHES AND SEIZURES.— 

5 (i) IN GENERAL.—Any person author6 ized by the Secretary of the Interior, the 

7 Secretary of Commerce, the Secretary of 

8 the Treasury, or the Secretary of the De9 partment in which the Coast Guard is op10 erating may search for and seize any indi11 vidual of a covered coral reef species taken, 

12 imported, exported, possessed, sold, pur13 chased, delivered, carried, transported, or 

14 received in violation of subsection (b), as 

15 authorized by law. 

16 (ii) SEIZED COVERED CORAL REEF

17 SPECIES.—Each individual of a covered 

18 coral reef species seized under clause (i) 

19 shall be held by any person so authorized 

20 pending disposition of civil or criminal pro21 ceedings, or the institution of an action in 

22 rem for forfeiture of each such individual 

23 pursuant to subparagraph (C), except that 

24 the appropriate Secretary may, in lieu of 

25 holding each such individual, allow the 


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1 owner or consignee to post a bond or other 

2 surety satisfactory to the appropriate Sec3 retary, but upon forfeiture of any such 

4 property to the United States, or the aban5 donment or waiver of any claim to any 

6 such property, it shall be disposed of 

7 (other than by sale to the general public) 

8 by the appropriate Secretary in such a 

9 manner, consistent with the purposes of 

10 this section, as the appropriate Secretary 

11 shall by regulation prescribe. 

12 (B) CITATIONS.—If any officer authorized 

13 to enforce the provisions of this section finds 

14 that a person has violated subsection (b), such 

15 officer may, in accordance with regulations 

16 jointly issued by the Secretary of the Interior, 

17 the Secretary of Commerce, and the Secretary 

18 of the Department in which the Coast Guard is 

19 operating, issue a citation to the violator. 

20 (C) FORFEITURE.— 

21 (i) COVERED CORAL REEF SPECIES.— 

22 Any individual of a covered coral reef spe23 cies taken, imported, exported, possessed, 

24 sold, delivered, carried, transported, or re25 ceived in interstate or foreign commerce in 


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1 violation of subsection (b) shall be subject 

2 to forfeiture to the United States. 

3 (ii) EQUIPMENT USED IN UNLAWFUL

4 PRACTICES.—All guns, traps, nets, and 

5 other equipment and vessels, vehicles, air6 craft, and other means of transportation 

7 used to aid a violation of subsection (b), 

8 shall be subject to forfeiture to the United 

9 States upon the conviction of the person 

10 that owns such equipment or means of 

11 transportation of a criminal violation pur12 suant to subparagraph (A) or (B) of para13 graph (3). 

14 (D) OTHER PROVISIONS OF LAW.—Any 

15 provision of law relating to the seizure, for16 feiture, and condemnation of a vessel for viola17 tion of a customs law, the disposition of such 

18 vessel or the proceeds from the sale thereof, 

19 and the remission or mitigation of such for20 feiture shall apply to any seizure or forfeiture 

21 incurred or allegedly incurred under this sec22 tion, insofar as such provision of law is applica23 ble and not inconsistent with the provisions of 

24 this section, except that all powers, rights, and 

25 duties conferred or imposed by the customs 


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1 laws upon any officer or employee of the De2 partment of the Treasury shall, for the pur3 poses of this section, be exercised or performed 

4 by the Secretary of Commerce or by such per5 sons as the Secretary of Commerce may des6 ignate. 

7 (6) CITIZEN ACTIONS.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (D), any person may commence a 

10 civil action to enjoin any person, including the 

11 United States and any other governmental in12 strumentality or agency (to the extent allowed 

13 by the 11th Amendment to the Constitution), 

14 that is alleged to be in violation of subsection 

15 (b). 

16 (B) JURISDICTION OF DISTRICT COURTS.— 

17 The United States District Court for the judi18 cial district in which the alleged violation occurs 

19 shall have jurisdiction in all actions brought 

20 under this paragraph, without regard to the 

21 amount in controversy or the citizenship of the 

22 parties. 

23 (C) INTERVENTION BY ATTORNEY GEN24 ERAL.—In any action under this paragraph in 

25 which the United States is not a party, the AtVerDate Sep 11 2014 22:08 Nov 27, 2023 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6447.IH H6447

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1 torney General may intervene on behalf of the 

2 United States as a matter of right. 

3 (D) EXCEPTIONS.—No action may be com4 menced under this paragraph for an alleged vio5 lation of subsection (b)— 

6 (i) before the date that is 60 days 

7 after the date on which written notice of 

8 such alleged violation is given to the Sec9 retary of the Interior, the Secretary of 

10 Commerce, and any alleged violator of 

11 such subsection; or 

12 (ii) if the Secretary of the Interior, 

13 the Secretary of Commerce, or the Attor14 ney General has initiated an enforcement 

15 action under this subsection with respect 

16 to such alleged violation. 

17 (E) RECOVERY OF COURT COSTS.—In any 

18 action brought pursuant to subparagraph (A), 

19 the court may award costs of litigation (includ20 ing reasonable attorney and expert witness fees) 

21 to any party whenever the court determines 

22 such award is appropriate. 

23 (F) RELIEF UNDER OTHER LAWS.—The 

24 injunctive relief provided by this paragraph 

25 shall not restrict any right which any person 


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1 may have under any statute or common law to 

2 seek enforcement of any standard or limitation 

3 or to seek any other relief. 

4 (7) AMERICAN SAMOA.—For the purposes of 

5 any action brought under this subsection, American 

6 Samoa shall be included within the judicial district 

7 of the United States District Court for the District 

8 of Hawaii. 

9 (e) DEFINITIONS.—In this section: 

10 (1) APPROPRIATE SECRETARY.—The term ‘‘ap11 propriate Secretary’’ means— 

12 (A) the Secretary of Commerce with re13 spect to domestic matters; 

14 (B) the Secretary of Commerce and the 

15 Secretary of the Interior with respect to foreign 

16 matters; or 

17 (C) the Secretary with jurisdiction over the 

18 waters in which the matter is located with re19 spect to matters located in waters within the 

20 exclusive economic zone. 

21 (2) COVERED CORAL REEF SPECIES.—The term 

22 ‘‘covered coral reef species’’ means any marine reef 

23 species designated by the Secretary of the Interior 

24 under subsection (a). 

25 (3) DESTRUCTIVE COLLECTION PRACTICE.— 


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1 (A) IN GENERAL.—The term ‘‘destructive 

2 collection practice’’ means any practice used to 

3 take an individual of a covered coral reef spe4 cies that involves the use of any of the fol5 lowing: 

6 (i) Reef-dredging. 

7 (ii) Explosives. 

8 (iii) Poison. 

9 (iv) Any other destructive collection 

10 practice identified by the Secretary of 

11 Commerce by regulation, in consultation 

12 with the Secretary of the Interior. 

13 (B) PRESENCE OF POISONS.—For the pur14 poses of this paragraph, the presence of any 

15 poison, or any metabolite associated with any 

16 such poison, in an individual of a covered coral 

17 reef species shall constitute evidence that poison 

18 was used in the take of such individual. 

19 (4) EXCLUSIVE ECONOMIC ZONE.—The term 

20 ‘‘exclusive economic zone’’ has the meaning given 

21 the term in section 3 of the Magnuson-Stevens Fish22 ery Conservation and Management Act (16 U.S.C. 

23 1802). 

24 (5) MARINE REEF SPECIES.—The term ‘‘marine 

25 reef species’’— 


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1 (A) means a marine species that— 

2 (i) as determined by the Secretary of 

3 the Interior, lives primarily within a coral 

4 reef, including species of coral; and 

5 (ii) is collected commercially for the 

6 aquarium and curio trade; and 

7 (B) does not include a marine species de8 scribed in subparagraph (A) that is ordinarily 

9 taken for human consumption. 

10 (6) QUALIFIED AQUACULTURE OR

11 MARICULTURE FACILITY.—The term ‘‘qualified 

12 aquaculture or mariculture facility’’ means an aqua13 culture or mariculture facility that, with respect to 

14 a covered coral reef species— 

15 (A) only sells individuals of the covered 

16 coral reef species that are produced by such fa17 cility; 

18 (B) operates in a manner that is not detri19 mental to the conservation of the covered coral 

20 reef species in the wild; 

21 (C) operates in a manner that does not 

22 harm the coral reef ecosystem of the covered 

23 coral reef species, including by introducing non24 indigenous species or pathogens; and 


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1 (D) operates with safeguards sufficient to 

2 prevent the escape of— 

3 (i) captive individuals of the covered 

4 coral reef species; and 

5 (ii) eggs, larvae, young, fragments, 

6 and other organs of propagation of such 

7 covered coral reef species. 

8 (7) QUALIFIED COOPERATIVE BREEDING PRO9 GRAM.—The term ‘‘qualified cooperative breeding 

10 program’’ means a cooperative breeding program 

11 that— 

12 (A) is designed to promote the conserva13 tion of a covered coral reef species and main14 tain such covered coral reef species in the wild 

15 by enhancing the propagation and survival of 

16 such covered coral reef species; and 

17 (B) is developed and administered by, or in 

18 conjunction with, an aquarium, conservation, or 

19 zoological organization that meets standards es20 tablished by the appropriate Secretary. 

21 (8) QUALIFIED SCIENTIFICALLY-BASED MAN22 AGEMENT PLAN.—The term ‘‘qualified scientifically23 based management plan’’ means a scientifically24 based management plan that— 


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1 (A) provides for the conservation of a cov2 ered coral reef species and the habitat of such 

3 covered coral reef species; 

4 (B) provides that individuals of a covered 

5 coral reef species are taken in a manner and in 

6 quantities that— 

7 (i) do not threaten the biological sus8 tainability of such covered coral reef spe9 cies or the role of such covered coral reef 

10 species in the coral reef ecosystem of such 

11 covered coral reef species; and 

12 (ii) minimize the adverse impact of 

13 the take of such covered coral reef species 

14 on the coral reef ecosystem of such covered 

15 coral reef species; 

16 (C) addresses factors relevant to the con17 servation of the covered coral reef species, in18 cluding— 

19 (i) illegal trade; 

20 (ii) domestic trade; 

21 (iii) subsistence use; 

22 (iv) disease; 

23 (v) habitat loss; and 

24 (vi) cumulative effects of the take of 

25 the covered coral reef species; and 


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1 (D) prohibits the use of destructive collec2 tion practices. 

3 (f) EFFECTIVE DATE.—This section shall take effect 

4 on the date that is 1 year after the date of the enactment 

5 of this section. 

Æ 


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