HJRES 78 · 119th Congress

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt".

endangered speciesCalifornia water policywildlife protectionfederal regulations
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Last action 2025-05-05

Sponsored by Rep. LaMalfa, Doug [R-CA-1] (R) — CA

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Would nullify a 2024 U.S. Fish and Wildlife Service rule that listed the San Francisco Bay-Delta distinct population segment of longfin smelt as an endangered species, stripping that fish population of federal protections under the Endangered Species Act.

The resolution uses the Congressional Review Act, which allows Congress to overturn recently issued federal rules by simple majority vote, and would prevent the agency from reissuing a substantially similar rule in the future.

What this bill would do

What it would do

The joint resolution would use the Congressional Review Act (chapter 8 of title 5, U.S. Code) to disapprove and nullify a rule published by the U.S. Fish and Wildlife Service on July 30, 2024 (89 Fed. Reg. 61029). That rule listed the San Francisco Bay-Delta distinct population segment of longfin smelt — a small fish native to the Pacific Coast — as an endangered species. If enacted, the resolution would render the rule without force or effect, removing the species from the endangered species list for that population segment.

The resolution would not alter the Endangered Species Act itself, but the practical effect would be that the Bay-Delta longfin smelt would lose the habitat protections, take prohibitions, and consultation requirements that come with an endangered listing. Under the Congressional Review Act, the agency would also be barred from issuing a new rule in substantially the same form without congressional authorization.

Key provisions

  1. 1Would disapprove and nullify the Fish and Wildlife Service rule listing the San Francisco Bay-Delta longfin smelt as an endangered species, published July 30, 2024

Who would be affected

Water users, agricultural interests, and local water agencies in California's Bay-Delta region whose operations could be constrained by endangered species protections; environmental and conservation groups that sought the listing; the U.S. Fish and Wildlife Service, which issued the rule; and the longfin smelt population itself, which would lose federal protections.

Why it matters

An endangered listing for the Bay-Delta longfin smelt triggers federal consultation requirements and habitat protections that can restrict water diversions and operations in one of California's most contested water systems. Nullifying the rule would remove those regulatory constraints, with direct implications for water management decisions affecting agriculture, cities, and ecosystems throughout the region.

What would change

Changes to existing law

Amends Endangered Species Act of 1973

Removes endangered species status for the San Francisco Bay-Delta distinct population segment of longfin smelt by nullifying the FWS listing rule

Agencies directed to act

U.S. Fish and Wildlife ServiceDepartment of the Interior

How implementation would work

The resolution is largely self-executing: upon enactment, the designated rule would have no force or effect by operation of the Congressional Review Act. No agency rulemaking or further federal action would be required to implement the disapproval. The Fish and Wildlife Service would be prohibited from issuing a new rule in substantially the same form without congressional authorization.

Legislative status & sources

Latest action

Received in the Senate.

2025-05-05

Official CRS summary

Show the CRS summary

This joint resolution nullifies the rule issued by the U.S. Fish and Wildlife Service titled Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt and published on July 30, 2024. The rule lists the San Francisco Bay-Delta distinct population segment of longfin smelt, a fish species of the Pacific Coast, as an endangered species. Thus, the joint resolution removes protection for the species under the Endangered Species Act of 1973.

From the Congressional Research Service.

Legislative subjects

Administrative law and regulatory procedures; Animals; California; Congressional oversight; Department of the Interior; Endangered and threatened species; Fishes

Congressional Bill

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HJRES 78: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt". | Legislation Reporter