H.R. 1894 — FISH Act of 2025

This section transfers all functions under the Endangered Species Act of 1973 (ESA) with respect to anadromous species (i.e., fish that spawn in fresh or estuarine waters and migrate to ocean waters, such as salmon) and catadromous species (i.e., fish that spawn in ocean waters and migrate to fresh or estuarine waters, such as eels) from the Secretary of Commerce and National Marine Fisheries Service to the Secretary of the Interior. (As background, the ESA is jointly administered by Interior's Fish and Wildlife Service for most terrestrial and freshwater species and Commerce's National Marine Fisheries Service for most marine and anadromous species; thus, this provision consolidates ESA authority for anadromous and catadromous species under Interior.) The section also (1) amends the ESA definition of "Secretary" to mean the Secretary of the Interior with respect to anadromous and catadromous species, notwithstanding the general definition; and (2) adds statutory definitions for "anadromous species" and "catadromous species." Additionally, the section establishes a reconsideration process under which, following the transfer, the Secretary of the Interior may review any final National Marine Fisheries Service determination made within three years prior to the transfer upon request filed within 365 days of transfer completion, with the final decision publicly available.

This section provides standard savings and continuity provisions for functions transferred from the Department of Commerce to the Department of the Interior, including (1) deeming references in federal laws, executive orders, rules, or documents to the head or office of Commerce to instead refer to the Secretary or Department of the Interior; (2) authorizing the Secretary of the Interior to exercise all Endangered Species Act authorities previously available to Commerce for such functions; and (3) preserving the effect of legal documents (e.g., permits, grants, contracts), pending proceedings and applications, ongoing suits, and administrative/judicial review requirements until modified or resolved in accordance with law.

This section defines, for purposes of the Act, the following terms: (1) anadromous species and catadromous species (i.e., fish that migrate between saltwater and freshwater), which have the meaning given under section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532), as amended by section 3 of this Act; (2) function, to include any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (3) office, to include any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.