BGOV Bill Analysis: H. J. Res. 78, Block California Smelt Rule

A Biden-era US Fish and Wildlife Service rule listing the San Francisco Bay-Delta distinct population segment of longfin smelt as an endangered species would be overturned using the Congressional Review Act by H. J. Res. 78.

The FWS determined the Bay-Delta smelt qualified as an endangered species mainly because of threats to its habitat. Listing the smelt as endangered means several activities in the fish’s habitat would likely violate the Endangered Species Act: discharging fill material, dredging, contaminating water, draining water, or diverting water.

The rule, finalized July 30 and effective Aug. 29, states the fish’s main threats ...