[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2346 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2346
To improve the Fishery Resource Disaster Relief program of the National
Marine Fisheries Service, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2019
Mr. Wicker introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve the Fishery Resource Disaster Relief program of the National
Marine Fisheries Service, and for other purposes.
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 ``Fishery Failures: Urgently Needed
Disaster Declarations Act''.
SEC. 2. FISHERY RESOURCE DISASTER RELIEF.
(a) Definitions.--In this Act:
(1) Allowable cause.--The term ``allowable cause'' means a
natural cause, man-made cause, or undetermined cause.
(2) Fishery.--The term ``fishery'' has the meaning given
the term in section 3(13) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802(13)).
(3) Fishery resource disaster.--The term ``fishery resource
disaster'' means a disaster that is determined by the Secretary
in accordance with this Act and--
(A) is a sudden, unexpected, and large decrease in
fish stock biomass or other change that results in
significant loss of access to the fishery resource,
which may include loss of fishing vessels and gear for
a substantial period of time that results in revenue or
subsistence loss and is due to an allowable cause; and
(B) does not include reasonably predictable,
foreseeable, and recurrent fishery resource cycle of
variations in species distribution or stock abundance.
(4) Fishing community.--The term ``fishing community''
means a community that is substantially dependent on, or
substantially engaged in, the harvest or processing of fishery
resources to meet social and economic needs, and includes
fishing vessel owners, operators, crew, aquaculture operators,
and United States fish processors that are based in such
community.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130), and
the term ``tribal'' means of or pertaining to such an Indian
tribe.
(6) Man-made cause.--The term ``man-made cause'' means--
(A) a discrete anthropogenic event, such as an oil
spill or spillway opening, that could not have been
addressed or prevented by fishery management measures;
and
(B) that is otherwise beyond the control of fishery
managers to mitigate through conservation and
management measures, including regulatory restrictions
imposed as a result of judicial action or to protect
human health or marine animals, plants, or habitats.
(7) Natural cause.--The term ``natural cause''--
(A) means a weather or biology-related event, such
as--
(i) a hurricane;
(ii) a flood;
(iii) a drought;
(iv) El Nino effects on water temperature;
or
(v) disease; and
(B) does not mean a normal or cyclical variation in
a species distribution or stock abundance.
(8) Overfishing.--The term ``overfishing'' means a rate or
level of fishing mortality that jeopardizes the capacity of a
fishery to produce the maximum sustainable yield on a
continuing basis.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(10) 12-month revenue loss.--The term ``12-month revenue
loss'' means the percentage reduction in commercial, charter,
and headboat revenue for the 12 months during the fishery
resource disaster period when compared to average annual
revenue in the most recent 5-year period or equivalent for
stocks with cyclical life histories.
(11) Undetermined cause.--The term ``undetermined cause''
means a cause in which the current state of knowledge does not
allow the Secretary to identify the exact cause, and there is
no current conclusive evidence supporting a possible cause of
the fishery resource disaster.
(b) General Authority.--
(1) In general.--The Secretary shall have the authority to
determine the existence, extent, and beginning and end dates of
a fishery resource disaster under this Act in accordance with
this Act.
(2) Availability of funds.--After the Secretary determines
that a fishery resource disaster has occurred, the Secretary is
authorized to make sums available, from funds appropriated
under subsection (i) and from any supplemental appropriations
that are available, to be used by the affected State, tribal
government, or interstate marine fisheries commission, or by
the Secretary in cooperation with the affected State, tribal
government, or interstate marine fisheries commission.
(c) Initiation of a Fishery Resource Disaster Review.--
(1) Eligible requesters.--Not later than 1 year after the
occurrence of a potential fishery resource disaster, a request
for a fishery resource disaster determination may be submitted
to the Secretary, if the Secretary has not independently
determined that a fishery resource disaster has occurred, by--
(A) the Governor of an affected State;
(B) an official tribal resolution; or
(C) any other comparable elected or politically
appointed representative as determined by the
Secretary.
(2) Required information.--A complete request for a fishery
resource disaster determination under paragraph (1) shall
include--
(A) identification of all presumed affected fish
stocks;
(B) identification of the fishery as Federal, non-
Federal, or both;
(C) the geographical boundaries of the fishery;
(D) information on causes of the fishery resource
disaster, if known; and
(E) information needed to support a finding of a
fishery resource disaster, including--
(i) information demonstrating the
occurrence of a sudden, unexpected, large
decrease in fish stock biomass or other change
that results in significant loss of access to
the fishery resource, which could include the
loss of fishing vessels and gear, for a
substantial period of time; and
(ii) 12-month revenue loss for the affected
fishery, or if a fishery resource disaster has
occurred at any time in the previous 5-year
period, an appropriate time frame as determined
by the Secretary.
(d) Review Process.--
(1) Interim response.--Not later than 10 days after receipt
of a request under subsection (c), the Secretary shall provide
an interim response to the individual that--
(A) acknowledges receipt of the request;
(B) provides a regional contact within the National
Oceanographic and Atmospheric Administration;
(C) outlines the process and timeline by which a
request shall be considered; and
(D) requests additional information concerning the
fishery resource disaster, if the original request is
considered incomplete.
(2) Evaluation of requests.--
(A) In general.--The Secretary shall complete a
review, within the time frame described in subparagraph
(B), using the best scientific information available,
in consultation with the affected States, of--
(i) the information provided by the
requester and any additional information
relevant to the fishery, which may include--
(I) fishery characteristics;
(II) stock assessments;
(III) the most recent fishery
independent surveys and other fishery
resource assessments and surveys
conducted by Federal or State
officials;
(IV) estimates of mortality; and
(V) overall effects; and
(ii) the available economic information,
which may include an analysis of--
(I) landings data;
(II) revenue;
(III) the number of participants
involved;
(IV) the number and type of jobs
and persons impacted, which may
include--
(aa) fishermen;
(bb) charter fishing
operators;
(cc) subsistence users;
(dd) United States fish
processors; and
(ee) an owner of a related
fishery infrastructure or
business affected by the
disaster;
(V) an impacted business, Tribe, or
other entity;
(VI) the availability of hazard
insurance to address financial losses
due to a disaster;
(VII) other forms of disaster
assistance made available to the
fishery, including prior awards of
disaster assistance;
(VIII) the length of time the
resource, or access to the resource,
has been restricted;
(IX) status of recovery from
previous fishery resource disasters;
and
(X) other appropriate indicators to
an affected fishery, as determined by
the National Marine Fisheries Service.
(B) Time frame.--The Secretary shall complete the
review described in subparagraph (A), if the fishing
season, applicable to the fishery--
(i) has concluded or there is no defined
fishing season applicable to the fishery, not
later than 120 days after the Secretary
receives a complete request for a fishery
resource disaster determination; or
(ii) has not concluded, not later than 120
days after the conclusion of the fishing
season.
(3) Fishery resource disaster determination.--The Secretary
shall make the determination of a fishery resource disaster
based on the criteria for determinations listed in subsection
(e).
(4) Notification.--Not later than 14 days after the
conclusion of the review under this subsection, the Secretary
shall notify the requestor and the Governor of the affected
State or tribal representative of the determination of the
Secretary.
(e) Criteria for Determinations.--
(1) In general.--The Secretary shall make a determination
about whether a fishery resource disaster has occurred, based
on the revenue loss thresholds under paragraph (2), and, if a
fishery resource disaster has occurred, whether the fishery
resource disaster was due to--
(A) a natural cause;
(B) a man-made cause; or
(C) an undetermined cause.
(2) Revenue loss thresholds.--
(A) In general.--The Secretary shall apply the
following 12-month revenue loss thresholds in
determining whether a fishery resource disaster has
occurred:
(i) Losses greater than 80 percent shall
result in a positive determination that a
fishery resource disaster has occurred.
(ii) Losses between 35 percent and 80
percent shall be evaluated to determine whether
a fishery resource disaster has occurred, based
on the information provided or analyzed under
subsection (d)(2).
(iii) Losses less than 35 percent shall not
be eligible for a determination that a fishery
resource disaster has occurred, except where
the Secretary determines there are extenuating
circumstances that justify using a lower
threshold in making the determination.
(B) Subsistence uses and aquaculture operations.--
In making a determination of whether a fishery resource
disaster has occurred, the Secretary may consider
revenue loss from aquaculture operations and loss of
subsistence opportunity, where appropriate.
(3) Ineligible fisheries.--A fishery subject to overfishing
in any of the 3 years preceding the date of a determination
under this section is not eligible for a determination of
whether a fishery resource disaster has occurred unless the
Secretary determines that overfishing was not a contributing
factor to the fishery resource disaster.
(4) Exceptional circumstances.--In an exceptional
circumstance where substantial economic impacts to the affected
fishery and fishing community have been subject to a disaster
declaration under another statutory authority, such as in the
case of a natural disaster or from the direct consequences of a
Federal action taken to prevent, or in response to, a natural
disaster for purposes of protecting life and safety, the
Secretary may determine a fishery resource disaster has
occurred without a request or without conducting the required
analyses in paragraphs (1) and (2).
(f) Disbursal of Appropriated Funds.--
(1) Authorization.--The Secretary shall allocate funds
available under subsection (i) for fishery resource disasters.
(2) Allocation of appropriated fishery resource disaster
assistance.--
(A) Notification of funding availability.--When
there are appropriated funds for one or more fishery
resource disasters, the Secretary shall notify the
public and any fishery with a positive disaster
determination that is unfunded of the allocation not
more than 14 days after the date of the appropriation
or the determination of a fishery resource disaster,
whichever occurs later.
(B) Extension of deadline.--The Secretary may
extend the deadline under subparagraph (A) by 90 days
to evaluate and make determinations on eligible
requests.
(3) Considerations.--In determining the allocation of
appropriations for more than 1 fishery resource disaster, the
Secretary shall consider commercial and charter or headboat
revenue losses and may consider the following factors:
(A) Direct economic impacts.
(B) Uninsured losses.
(C) Losses of subsistence opportunity.
(D) Aquaculture operations revenue loss.
(E) Direct revenue losses to a fishing community.
(F) Other economic impacts.
(4) Spend plans.--To receive an allocation from funds
available under subsection (i), a requestor with an affirmative
fishery resource disaster determination shall submit a spend
plan to the Secretary, not more than 180 days after receiving
notification that funds are available, that shall include the
following information, if applicable:
(A) Objectives and outcomes, with an emphasis on
addressing the factors contributing to the fishery
resource disaster and minimizing future uninsured
losses, if applicable.
(B) Statement of work.
(C) Budget details.
(5) Disbursal of funds.--
(A) Availability.--Funds shall be available for
disbursement not later than 90 days after the date the
Secretary receives a complete spend plan under
paragraph (4).
(B) Method.--The Secretary may provide an
allocation of funds under this section in the form of a
grant, direct payment, cooperative agreement, loan, or
contract.
(C) Eligible uses.--
(i) In general.--Funds allocated for
fishery resources disasters under this section
shall prioritize the following uses, which are
not in order of priority:
(I) Habitat conservation and
restoration and other activities that
reduce adverse impacts to the fishery.
(II) The collection of fishery
information and other activities that
improve management of the affected
fishery.
(III) Capacity reduction and other
activities that improve management of
fishing effort.
(IV) Developing, repairing, or
improving fishery-related public
infrastructure.
(V) Job training and economic
transition programs.
(VI) Public information campaigns
on the recovery of the fishery,
including marketing.
(VII) For any purpose that the
Secretary determines is appropriate to
restore the fishery affected by such a
disaster or to prevent a similar
disaster in the future.
(VIII) Direct assistance to a
person, fishing community, or a
business to alleviate economic loss
incurred as a direct result of a
fishery resource disaster, particularly
when affected by a circumstance
described in subsection (e)(4).
(IX) Other activities that recover
or improve management of the affected
fishery, as determined by the
Secretary.
(ii) Displaced fishery employees.--Where
appropriate, individuals carrying out the
activities described in subclauses (I) through
(VI) of clause (i) shall be individuals who
are, or were, employed in a fishery for which
the Secretary has determined that a fishery
resource disaster has occurred.
(g) Limitations.--
(1) Federal share.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the Federal share of the
cost of any activity carried out under the authority of
this section shall not exceed 75 percent of the cost of
that activity.
(B) Waiver.--The Secretary may waive the non-
Federal share requirements of this section, if the
Secretary determines that--
(i) no reasonable means are available
through which the recipient of the Federal
share can meet the non-Federal share
requirement; and
(ii) the probable benefit of 100 percent
Federal financing outweighs the public interest
in imposition of the non-Federal share
requirement.
(C) Exception.--The Federal share of direct
assistance as described in subsection
(f)(5)(C)(i)(VIII) shall be equal to 100 percent.
(2) Limitations on administrative expenses.--
(A) Federal.--Not more than 3 percent of the funds
available under this section may be used for
administrative expenses by the National Oceanographic
and Atmospheric Administration.
(B) State or tribal governments.--Of the funds
remaining after the use described in subparagraph (B),
not more than 5 percent may be used by States, tribal
governments, or interstate marine fisheries commissions
for administrative expenses.
(3) Fishing capacity reduction program.--
(A) In general.--No funds available under this
section may be used as part of a fishing capacity
reduction program in a fishery unless the Secretary
determines that adequate conservation and management
measures are in place in such fishery.
(B) Assistance conditions.--As a condition of
providing assistance under this section with respect to
a vessel under a fishing capacity reduction program,
the Secretary shall--
(i) prohibit the vessel from being used for
fishing; and
(ii) require that the vessel be--
(I) scrapped or otherwise disposed
of in a manner approved by the
Secretary;
(II) donated to a nonprofit
organization and thereafter used only
for purposes of research, education, or
training; or
(III) used for another non-fishing
purpose provided the Secretary
determines that adequate measures are
in place to ensure that the vessel
cannot reenter any fishery anywhere in
the world.
(4) No fishery endorsement.--
(A) In general.--A vessel that is prohibited from
fishing under paragraph (3)(B)(i) shall not be eligible
for a fishery endorsement under section 12113(a) of
title 46, United States Code.
(B) Noneffective.--A fishery endorsement for a
vessel described in subparagraph (A) shall not be
effective.
(C) No sale.--A vessel described in subparagraph
(A) shall not sold to a foreign owner or reflagged.
(5) Direct assistance eligibility.--Eligibility for direct
assistance under this section to a person or business shall be
limited to a person or business that has less than $2,000,000
in net revenues annually from commercial fishing, as determined
by the Secretary.
(h) Public Information on Data Collection.--The Secretary shall
make available and update as appropriate, information on data
collection and submittal best practices for the information described
in subsection (d)(2).
(i) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section such sums as may be necessary.
(2) Availability of funds.--Amounts appropriated under this
section shall remain available until expended.
(3) Tax exempt status.--The Fisheries Disasters Fund
appropriated under this Act shall be a tax exempt fund.
(4) Supplemental appropriations.--The Secretary may use any
supplemental appropriations that are available to carry out
this section.
SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.
(a) In General.--The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) is amended--
(1) in section 307(1)(R), by striking ``section 312(b)(2)''
and inserting ``section 312(a)(2)''; and
(2) in section 312--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (e) as
subsections (a) through (d), respectively;
(C) in subsection (b), as redesignated by clause
(ii)--
(i) in paragraph (1)(C), by striking
``subsection (d)'' and inserting ``subsection
(c)''; and
(ii) in paragraph (2), by striking
``subsection (d)'' and inserting ``subsection
(c)''.
(b) Repeal.--Section 315 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1864) is repealed.
SEC. 4. INTERJURISDICTIONAL FISHERIES ACT OF 1986.
(a) Repeal.--Section 308 of the Interjurisdictional Fisheries Act
of 1986 (16 U.S.C. 4107) is repealed.
(b) Technical Edit.--Section 3(k)(1) of the Small Business Act (15
U.S.C. 632(k)(1)) is amended by striking ``(as determined by the
Secretary of Commerce under section 308(b) of the Interjurisdictional
Fisheries Act of 1986)'' and inserting ``(as determined by the
Secretary of Commerce under the Fishery Failures: Urgently Needed
Disaster Declarations Act)''.
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