[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2209 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2209
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to establish a safety net program for commercial fishermen and
aquaculture producers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2019
Mrs. Hyde-Smith (for herself and Mr. Kennedy) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to establish a safety net program for commercial fishermen and
aquaculture producers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Fishing and Aquaculture
Protection Act of 2019''.
SEC. 2. SUPPLEMENTAL REVENUE ASSISTANCE FOR COMMERCIAL FISHERMEN AND
FARM-RAISED FISH PRODUCERS.
The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) is amended by inserting after section 320 the
following:
``SEC. 321. SUPPLEMENTAL REVENUE ASSISTANCE FOR COMMERCIAL FISHERMEN
AND FARM-RAISED FISH PRODUCERS.
``(a) Definitions.--In this section:
``(1) Eligible commercial fisherman.--
``(A) In general.--The term `eligible commercial
fisherman' means an individual or entity described in
subparagraph (B) that, as determined by the Secretary,
assumes the financial risks associated with harvesting
fish intended for commerce.
``(B) Description.--An individual or entity is
described in this subparagraph if the individual or
entity is--
``(i) a citizen of the United States;
``(ii) a partnership of citizens of the
United States; or
``(iii) a corporation, limited liability
corporation, or other organizational structure
organized under State law.
``(2) Eligible farm-raised fish producer.--The term
`eligible farm-raised fish producer' means an individual or
entity described under paragraph (1)(B) that, as determined by
the Secretary, assumes the production and market risks
associated with the production of fish in a controlled
environment intended for commerce.
``(3) Eligible loss.--The term `eligible loss', with
respect to a calendar year, means when actual gross revenue
associated with commercial fishing or farm-raised fish
production for such calendar year is less than 85 percent of
the average gross revenue for the 3 previous calendar years.
``(4) Eligible loss condition.--The term `eligible loss
condition' means a condition that resulted in eligible loss due
to algae bloom, freshwater intrusion, adverse weather, bird
depredation, disease, or other condition, as determined by the
Secretary.
``(5) Fish.--The term `fish' includes--
``(A) shellfish (including oysters, shrimp,
crawfish, and crab);
``(B) finfish (including catfish); and
``(C) any other species of aquatic organism
harvested with the intent of entering commerce.
``(6) Verifiable records.--The term `verifiable records'
means a document provided by a commercial fisherman or farm-
raised fish producer that reasonably supports, and can be
verified and used to substantiate claimed eligible loss,
including--
``(A) trip tickets or their equivalents, such as
dealer forms, which show fish harvest volumes and sales
prices;
``(B) Federal or State tax and financial
information to identify components of gross revenue
derived from commercial fishing or farm-raised fish
production; or
``(C) any other form of reliable record that
reasonably supports the eligible loss as well as the
average gross revenue for the 3 previous calendar
years.
``(b) Supplemental Revenue Assistance Program.--
``(1) In general.--Subject to the availability of funds,
the Secretary shall use such sums as are necessary to provide
compensation to eligible commercial fishermen and eligible
farm-raised fish producers that have incurred eligible losses,
based on verifiable records, due to eligible loss conditions.
``(2) Payment amount.--The amount of the compensation to be
paid to an eligible commercial fisherman or eligible farm-
raised fish producer under paragraph (1) for an eligible loss
for a calendar year shall be equal to the difference between--
``(A) 85 percent of the average gross revenue for
the 3 previous calendar years, calculated by
multiplying the average volume of fish harvested or
produced by the average fair market value or price
received; and
``(B) the actual total gross revenue received
during the calendar year of claimed eligible loss.
``(3) Payment limitation.--The total amount of compensation
received by a person or entity (excluding a joint venture or
general partnership) under this section for a calendar year
shall not exceed 85 percent of the average gross revenue
received during the 3 previous calendar years.
``(4) Application.--If eligible losses have occurred due to
eligible loss conditions, the Secretary shall provide
assistance under this section whether or not a fishery resource
disaster determination has been made under section 312(a).
``(5) Effective date.--Compensation authorized under this
section shall apply to eligible losses suffered during the 2019
calendar year and each year thereafter, subject to the
availability of funds.''.
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