SAVES Act Proposes ESA Amendment

04 Mar, 2021

New federal legislation before Congress would change the US Endangered Species Act (ESA) to end the practice of listing species that are not native to the United States. This would, according to some observers in the aquarium trade, help eliminate problems with captive-bred fishes from becoming entangled in ESA regulations.

Called the Saving America’s Vulnerable and Endangered Species Act or “SAVES Act”, the legislation is designed to update the Endangered Species Act. Specifically, “To amend the Endangered Species Act of 1973 to include a prohibition on the listing of a living nonnative species as a threatened species or an endangered species, and for other purposes.”

This legislation is not entirely new, having first been submitted in 2018. It is being submitted by Republicans Senator Ted Cruz (Feb. 8, 2021 in the Senate) and House Representative Louie Gohmert (Feb. 8, 2021 in the House).

How the ESA Currently Impacts Aquarists

For aquarists, the most high-profile example of a non-native species currently covered under the ESA is undoubtedly the Asian Arowana (Scleropages formosus). While undoubtedly facing extinction risk in its native waters and listed by the IUCN as endangered, the Asian Arowana is heavily aquacultured and is legally traded throughout much of the world under the auspices of CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora). However, the listing of this species under the ESA in the United States renders this species absolutely illegal to own within the U.S., even if originating from captive-breeding programs.

Another recent example involves what some might consider the “dodged bullet” of attempts to list both the Banggai Cardinalfish (Pterapogon kauderni) and the Percula Clownfish (Amphiprion percula) under the Endangered Species Act. Successful attempts could have lead to incredibly problematic repercussions for aquarists as they would suddenly have found themselves in possession of highly-protected “endangered species”. Neither the Banggai nor the Percula Clownfish were ultimately listed.

Earlier efforts to list a number of coral species under the ESA posed similar complications for the aquarium hobby and trade.

Impacts Of This Legislation

If the SAVES Act was passed, it is clear that proposals to list species that are not native to the United States would become a thing of the past, relegating the main control over the international trade in potentially threatened or endangered wildlife to CITES.

Speaking on condition of anonymity, a source close to this legislation believes that passing it would immediately delist all non-native species from their current status under the ESA, although other reports suggest that it would only prevent new listings. “[The bill] prevents the Secretary of Interior from listing any nonnative species. So [it] should automatically delist [non-native species], but [someone] may have to sue on each species [to have them removed from ESA regulation]”.

While aquarists may have mixed opinions on whether this amendment to the ESA is a good or bad proposal, observers from multiple vantage points seem to agree and opine that this legislation has almost no chance of passing in this current session of congress.

Additional Reading

New bills would exclude non-native species from ESA protections

Related Terms:

• Term: captive-bred
• Term: endangered
• Term: threatened

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