The Federally Integrated Species Health Act of 2025 (the FISH Act) amends the Endangered Species Act to vest in the Secretary of the Interior functions that govern anadromous species (fish that spawn in freshwater or estuarine waters and migrate to the ocean) and catadromous species (fish that spawn in the ocean and migrate to freshwater or estuarine waters). The transfer consolidates authority for these species within the Interior Department, replacing prior responsibilities held by the Secretary of Commerce and the National Marine Fisheries Service.
The bill also makes conforming amendments to the ESA, establishes a reconsideration mechanism for certain NMFS determinations, and includes saving provisions to protect ongoing orders, permits, and proceedings during the transition.
At a Glance
What It Does
Transfers all Endangered Species Act functions for anadromous and catadromous species from Commerce/NMFS to the Interior, and makes accompanying conforming amendments to align the ESA with the new structure.
Who It Affects
Affects federal agencies (Interior, Commerce/NMFS), states and tribal entities that manage migratory fish populations, and industries regulated under ESA rules tied to migratory fish.
Why It Matters
Creates a unified federal framework under Interior for migratory fish protections, potentially affecting how listings, critical habitat, and related protections are implemented across freshwater, estuarine, and ocean habitats.
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What This Bill Actually Does
The bill shifts key ESA responsibilities for migratory fish—specifically anadromous and catadromous species—from the Department of Commerce (and its National Marine Fisheries Service) to the Department of the Interior. Section 2 transfers the functions themselves and includes conforming amendments to the ESA so the Interior is treated as the responsible Secretary for these species.
The move is designed to enable closer cross-habitat management across freshwater, estuarine, and marine environments, where migratory fish migrate between different types of waters. The act preserves existing legal instruments and pending proceedings to ensure continuity during the transition, and it clarifies that Interior will exercise authorities the ESA previously granted with respect to these functions.
A new window is created for reconsidering administrative determinations made by NMFS within three years prior to the transfer, with a 365-day filing period after transfer completion for such reconsiderations, and final decisions to be publicly available. In addition, the bill redefines key terms and ensures that federal references and delegations of authority move to Interior for the transferred functions.
Overall, the measure seeks to streamline governance by centralizing migratory fish oversight under Interior while maintaining due process and continuity for ongoing actions.
The Five Things You Need to Know
The bill transfers all Endangered Species Act functions for anadromous and catadromous fish from Commerce/NMFS to the Interior.
It adds an Interior designation for the term “Secretary” in relation to these species under the ESA.
A 365-day window is established to reconsider NMFS determinations after the transfer.
Federal references to the head of the department for these functions shift to the Interior Secretary.
Savings provisions ensure ongoing orders, permits, and proceedings continue without abrupt disruption.
Section-by-Section Breakdown
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Transfer of functions to Interior for anadromous and catadromous species
Section 2(a) transfers all Endangered Species Act functions governing anadromous species (spawn freshwater/estuary, migrate to sea) and catadromous species (spawn at sea, migrate to freshwater/estuary) from the Secretary of Commerce or NMFS to the Secretary of the Interior. This creates a single federal lead for these migratory fish across life-cycle habitats.
Conforming amendments to ESA—Secretary designation and new species definitions
Subsection (1) tweaks ESA section 3(15) to designate the Interior Secretary as the Secretary for anadromous and catadromous species. Subsections (22) and (23) add explicit definitions for ‘anadromous species’ and ‘catadromous species’ within the ESA, aligning terminology with the transfer.
Reconsideration of administrative determinations
Following the transfer, NMFS determinations made within three years before the transfer may be reconsidered upon request to the Interior. The Interior Secretary may grant or deny such requests, and the final decision must be made public. Requests must be filed within 365 days of transfer completion.
References to Interior for transferred functions
All references in federal law, executive orders, or agency documents that point to the head of the department responsible for the transferred function will be deemed to refer to the Interior Secretary. Similarly, references to that department or office will be treated as referring to Interior.
Exercise of authorities
Interior may exercise all ESA authorities that were available for the transferred function immediately before the transfer date, ensuring continuity of power and responsibility under the law.
Savings provisions
Preserves existing legal instruments (orders, determinations, permits, grants, contracts, licenses) and ongoing proceedings, allowing them to continue under the new Interior-led framework. Provisions ensure proceedings can be continued, modified, or terminated under terms consistent with the transfer.
Definitions
Defines terms used in the act: ‘anadromous species’ and ‘catadromous species’ as per ESA, and clarifies that ‘function’ includes duties, powers, and programs, while ‘office’ covers all organizational components of the federal government involved in the transfer.
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Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Interior Department and its bureaus (notably the U.S. Fish and Wildlife Service) gain primary responsibility for migratory fish under the ESA, enabling cross-habitat management across freshwater, estuarine, and marine environments.
- Coastal and river-basin states and tribal resource agencies benefit from clearer, centralized federal oversight and a unified framework for migratory fish protections.
- Fisheries managers within Interior agencies and state wildlife agencies that implement ESA protections gain a single-point of authority for migratory species.
- Conservation organizations that advocate for migratory fish protections may achieve more consistent policy application across habitats and jurisdictions.
- Researchers and wildlife data stewards gain a stable, Interior-led governance structure for migratory fish data and protection measures.
Who Bears the Cost
- National Marine Fisheries Service and the Department of Commerce bear transitional costs from reorganizing authority and reallocating responsibilities.
- Fisheries-dependent industries (both commercial and recreational) may face transitional compliance costs as processes shift to Interior.
- State wildlife agencies and tribal programs that coordinate with NMFS may incur transitional costs to adjust to Interior-led processes and guidance.
- Federal agencies that intersect with NMFS for permits and consultations may incur coordination costs during the transition.
- Judicial and administrative resources may experience short-term transitional workloads as new procedures are implemented.
Key Issues
The Core Tension
Whether centralizing migratory fish oversight in the Interior improves efficiency and consistency across life-cycle habitats or riskily disrupts established fisheries expertise and procedural momentum built under NMFS, creating transitional friction and possible misalignment with ongoing habitat-specific protections.
The contemplated transfer consolidates migratory fish oversight under Interior, which could improve cross-habitat protections but raises questions about the continuity of specialized fisheries expertise traditionally housed in Commerce/NMFS. The transition raises potential implementation challenges, including how ongoing NMFS determinations will be revisited, how interagency coordination with state and tribal partners will function under a new lead agency, and how funding and staffing will be allocated to support the shift.
While the act protects existing orders and proceedings, it does not specify funding levels or timelines for full integration, leaving practical execution to be worked out through Interior leadership and subsequent rulemaking.
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