The Federally Integrated Species Health Act of 2025 (FISH Act) would shift key Endangered Species Act (ESA) responsibilities for certain migratory fish—specifically anadromous species (fish that spawn in fresh or estuarine waters and migrate to the ocean) and catadromous species (fish that spawn in the ocean and migrate to fresh or estuarine waters)—from the Secretary of Commerce/National Marine Fisheries Service (NMFS) to the Secretary of the Interior. In practical terms, this means Interior would assume the ESA duties, authority, and programs that previously rested with NMFS for these fish. The bill also updates ESA definitions to reflect the Interior Secretary as the appropriate official for these species, and it includes provisions to preserve ongoing processes, ensure continuity of documents and orders, and provide a window to reconsider certain NMFS determinations after the transfer. Key features include a formal transfer of functions, conforming amendments to ESA definitions, a post-transfer reconsideration option for NMFS decisions made within a specific window, and broad savings provisions to protect existing permits, orders, proceedings, and court actions. The act also clarifies how references to departmental heads and authorities should be interpreted after the transfer and sets out that Interior would exercise all authorities under the ESA that were available before the transfer. Notes for context: anadromous fish include species like certain salmon and shad that spawn in fresh water and migrate to the sea, while catadromous fish include species like some eels that spawn in the ocean and migrate to fresh water. The bill does not specify particular species names beyond these broad terms and does not identify a funding mechanism or staffing plan for Interior to assume the functions.
Key Points
- 1Transfer of functions: All ESA-related duties for anadromous and catadromous species that were vested in the Secretary of Commerce or NMFS are transferred to the Secretary of the Interior, effective upon enactment.
- 2Conforming amendments to ESA: The bill redefines who is the “Secretary” for these species (the Secretary of the Interior) and adds explicit definitions for anadromous and catadromous species within the ESA.
- 3Reconsideration of NMFS determinations: After the transfer is complete, the Secretary of the Interior may reconsider NMFS final administrative determinations made within the 3 years prior to the transfer, upon request. Requests must be filed within 365 days after the transfer is completed, and decisions would be made publicly.
- 4Savings and continuity: The act contains extensive savings provisions to ensure existing orders, permits, licenses, contracts, and ongoing proceedings remain in effect and proceed as if the transfer had not disrupted them. It also provides guidance on continued suits and administrative procedures to protect due process and legal stability during the transition.
- 5Administrative and legal alignment: References to the head of the department or office will refer to the Secretary of the Interior for the transferred functions, and Interior will have authority to exercise all ESA powers that were available before the transfer for these functions.