[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2346 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 586
116th CONGRESS
  2d Session
                                S. 2346

                          [Report No. 116-293]

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 (for himself, Ms. Cantwell, Mr. Sullivan, Ms. Murkowski, and 
 Mr. Cassidy) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           November 16, 2020

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Fishery Failures: Urgently 
Needed Disaster Declarations Act''.</DELETED>

<DELETED>SEC. 2. FISHERY RESOURCE DISASTER RELIEF.</DELETED>

<DELETED>    (a) Definitions.--In this Act:</DELETED>
        <DELETED>    (1) Allowable cause.--The term ``allowable cause'' 
        means a natural cause, man-made cause, or undetermined 
        cause.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (3) Fishery resource disaster.--The term ``fishery 
        resource disaster'' means a disaster that is determined by the 
        Secretary in accordance with this Act and--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) does not include reasonably 
                predictable, foreseeable, and recurrent fishery 
                resource cycle of variations in species distribution or 
                stock abundance.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Man-made cause.--The term ``man-made cause'' 
        means--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (7) Natural cause.--The term ``natural cause''--
        </DELETED>
                <DELETED>    (A) means a weather or biology-related 
                event, such as--</DELETED>
                        <DELETED>    (i) a hurricane;</DELETED>
                        <DELETED>    (ii) a flood;</DELETED>
                        <DELETED>    (iii) a drought;</DELETED>
                        <DELETED>    (iv) El Nino effects on water 
                        temperature; or</DELETED>
                        <DELETED>    (v) disease; and</DELETED>
                <DELETED>    (B) does not mean a normal or cyclical 
                variation in a species distribution or stock 
                abundance.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (9) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) General Authority.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Initiation of a Fishery Resource Disaster Review.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Governor of an affected 
                State;</DELETED>
                <DELETED>    (B) an official tribal resolution; 
                or</DELETED>
                <DELETED>    (C) any other comparable elected or 
                politically appointed representative as determined by 
                the Secretary.</DELETED>
        <DELETED>    (2) Required information.--A complete request for 
        a fishery resource disaster determination under paragraph (1) 
        shall include--</DELETED>
                <DELETED>    (A) identification of all presumed 
                affected fish stocks;</DELETED>
                <DELETED>    (B) identification of the fishery as 
                Federal, non-Federal, or both;</DELETED>
                <DELETED>    (C) the geographical boundaries of the 
                fishery;</DELETED>
                <DELETED>    (D) information on causes of the fishery 
                resource disaster, if known; and</DELETED>
                <DELETED>    (E) information needed to support a 
                finding of a fishery resource disaster, including--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (d) Review Process.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) acknowledges receipt of the 
                request;</DELETED>
                <DELETED>    (B) provides a regional contact within the 
                National Oceanographic and Atmospheric 
                Administration;</DELETED>
                <DELETED>    (C) outlines the process and timeline by 
                which a request shall be considered; and</DELETED>
                <DELETED>    (D) requests additional information 
                concerning the fishery resource disaster, if the 
                original request is considered incomplete.</DELETED>
        <DELETED>    (2) Evaluation of requests.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the information provided by 
                        the requester and any additional information 
                        relevant to the fishery, which may include--
                        </DELETED>
                                <DELETED>    (I) fishery 
                                characteristics;</DELETED>
                                <DELETED>    (II) stock 
                                assessments;</DELETED>
                                <DELETED>    (III) the most recent 
                                fishery independent surveys and other 
                                fishery resource assessments and 
                                surveys conducted by Federal or State 
                                officials;</DELETED>
                                <DELETED>    (IV) estimates of 
                                mortality; and</DELETED>
                                <DELETED>    (V) overall effects; 
                                and</DELETED>
                        <DELETED>    (ii) the available economic 
                        information, which may include an analysis of--
                        </DELETED>
                                <DELETED>    (I) landings 
                                data;</DELETED>
                                <DELETED>    (II) revenue;</DELETED>
                                <DELETED>    (III) the number of 
                                participants involved;</DELETED>
                                <DELETED>    (IV) the number and type 
                                of jobs and persons impacted, which may 
                                include--</DELETED>
                                        <DELETED>    (aa) 
                                        fishermen;</DELETED>
                                        <DELETED>    (bb) charter 
                                        fishing operators;</DELETED>
                                        <DELETED>    (cc) subsistence 
                                        users;</DELETED>
                                        <DELETED>    (dd) United States 
                                        fish processors; and</DELETED>
                                        <DELETED>    (ee) an owner of a 
                                        related fishery infrastructure 
                                        or business affected by the 
                                        disaster;</DELETED>
                                <DELETED>    (V) an impacted business, 
                                Tribe, or other entity;</DELETED>
                                <DELETED>    (VI) the availability of 
                                hazard insurance to address financial 
                                losses due to a disaster;</DELETED>
                                <DELETED>    (VII) other forms of 
                                disaster assistance made available to 
                                the fishery, including prior awards of 
                                disaster assistance;</DELETED>
                                <DELETED>    (VIII) the length of time 
                                the resource, or access to the 
                                resource, has been 
                                restricted;</DELETED>
                                <DELETED>    (IX) status of recovery 
                                from previous fishery resource 
                                disasters; and</DELETED>
                                <DELETED>    (X) other appropriate 
                                indicators to an affected fishery, as 
                                determined by the National Marine 
                                Fisheries Service.</DELETED>
                <DELETED>    (B) Time frame.--The Secretary shall 
                complete the review described in subparagraph (A), if 
                the fishing season, applicable to the fishery--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) has not concluded, not later 
                        than 120 days after the conclusion of the 
                        fishing season.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Criteria for Determinations.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a natural cause;</DELETED>
                <DELETED>    (B) a man-made cause; or</DELETED>
                <DELETED>    (C) an undetermined cause.</DELETED>
        <DELETED>    (2) Revenue loss thresholds.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall apply 
                the following 12-month revenue loss thresholds in 
                determining whether a fishery resource disaster has 
                occurred:</DELETED>
                        <DELETED>    (i) Losses greater than 80 percent 
                        shall result in a positive determination that a 
                        fishery resource disaster has 
                        occurred.</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (f) Disbursal of Appropriated Funds.--</DELETED>
        <DELETED>    (1) Authorization.--The Secretary shall allocate 
        funds available under subsection (i) for fishery resource 
        disasters.</DELETED>
        <DELETED>    (2) Allocation of appropriated fishery resource 
        disaster assistance.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Extension of deadline.--The Secretary 
                may extend the deadline under subparagraph (A) by 90 
                days to evaluate and make determinations on eligible 
                requests.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) Direct economic impacts.</DELETED>
                <DELETED>    (B) Uninsured losses.</DELETED>
                <DELETED>    (C) Losses of subsistence 
                opportunity.</DELETED>
                <DELETED>    (D) Aquaculture operations revenue 
                loss.</DELETED>
                <DELETED>    (E) Direct revenue losses to a fishing 
                community.</DELETED>
                <DELETED>    (F) Other economic impacts.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) Objectives and outcomes, with an 
                emphasis on addressing the factors contributing to the 
                fishery resource disaster and minimizing future 
                uninsured losses, if applicable.</DELETED>
                <DELETED>    (B) Statement of work.</DELETED>
                <DELETED>    (C) Budget details.</DELETED>
        <DELETED>    (5) Disbursal of funds.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Eligible uses.--</DELETED>
                        <DELETED>    (i) In general.--Funds allocated 
                        for fishery resources disasters under this 
                        section shall prioritize the following uses, 
                        which are not in order of priority:</DELETED>
                                <DELETED>    (I) Habitat conservation 
                                and restoration and other activities 
                                that reduce adverse impacts to the 
                                fishery.</DELETED>
                                <DELETED>    (II) The collection of 
                                fishery information and other 
                                activities that improve management of 
                                the affected fishery.</DELETED>
                                <DELETED>    (III) Capacity reduction 
                                and other activities that improve 
                                management of fishing effort.</DELETED>
                                <DELETED>    (IV) Developing, 
                                repairing, or improving fishery-related 
                                public infrastructure.</DELETED>
                                <DELETED>    (V) Job training and 
                                economic transition programs.</DELETED>
                                <DELETED>    (VI) Public information 
                                campaigns on the recovery of the 
                                fishery, including marketing.</DELETED>
                                <DELETED>    (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.</DELETED>
                                <DELETED>    (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).</DELETED>
                                <DELETED>    (IX) Other activities that 
                                recover or improve management of the 
                                affected fishery, as determined by the 
                                Secretary.</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (g) Limitations.--</DELETED>
        <DELETED>    (1) Federal share.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Waiver.--The Secretary may waive the 
                non-Federal share requirements of this section, if the 
                Secretary determines that--</DELETED>
                        <DELETED>    (i) no reasonable means are 
                        available through which the recipient of the 
                        Federal share can meet the non-Federal share 
                        requirement; and</DELETED>
                        <DELETED>    (ii) the probable benefit of 100 
                        percent Federal financing outweighs the public 
                        interest in imposition of the non-Federal share 
                        requirement.</DELETED>
                <DELETED>    (C) Exception.--The Federal share of 
                direct assistance as described in subsection 
                (f)(5)(C)(i)(VIII) shall be equal to 100 
                percent.</DELETED>
        <DELETED>    (2) Limitations on administrative expenses.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Fishing capacity reduction program.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) prohibit the vessel from being 
                        used for fishing; and</DELETED>
                        <DELETED>    (ii) require that the vessel be--
                        </DELETED>
                                <DELETED>    (I) scrapped or otherwise 
                                disposed of in a manner approved by the 
                                Secretary;</DELETED>
                                <DELETED>    (II) donated to a 
                                nonprofit organization and thereafter 
                                used only for purposes of research, 
                                education, or training; or</DELETED>
                                <DELETED>    (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.</DELETED>
        <DELETED>    (4) No fishery endorsement.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Noneffective.--A fishery endorsement 
                for a vessel described in subparagraph (A) shall not be 
                effective.</DELETED>
                <DELETED>    (C) No sale.--A vessel described in 
                subparagraph (A) shall not sold to a foreign owner or 
                reflagged.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (i) Authorization of Appropriations.--</DELETED>
        <DELETED>    (1) Authorization.--There are authorized to be 
        appropriated to carry out this section such sums as may be 
        necessary.</DELETED>
        <DELETED>    (2) Availability of funds.--Amounts appropriated 
        under this section shall remain available until 
        expended.</DELETED>
        <DELETED>    (3) Tax exempt status.--The Fisheries Disasters 
        Fund appropriated under this Act shall be a tax exempt 
        fund.</DELETED>
        <DELETED>    (4) Supplemental appropriations.--The Secretary 
        may use any supplemental appropriations that are available to 
        carry out this section.</DELETED>

<DELETED>SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT 
              ACT.</DELETED>

<DELETED>    (a) In General.--The Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 307(1)(R), by striking ``section 
        312(b)(2)'' and inserting ``section 312(a)(2)''; and</DELETED>
        <DELETED>    (2) in section 312--</DELETED>
                <DELETED>    (A) by striking subsection (a);</DELETED>
                <DELETED>    (B) by redesignating subsections (b) 
                through (e) as subsections (a) through (d), 
                respectively;</DELETED>
                <DELETED>    (C) in subsection (b), as redesignated by 
                clause (ii)--</DELETED>
                        <DELETED>    (i) in paragraph (1)(C), by 
                        striking ``subsection (d)'' and inserting 
                        ``subsection (c)''; and</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``subsection (d)'' and inserting ``subsection 
                        (c)''.</DELETED>
<DELETED>    (b) Repeal.--Section 315 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1864) is repealed.</DELETED>

<DELETED>SEC. 4. INTERJURISDICTIONAL FISHERIES ACT OF 1986.</DELETED>

<DELETED>    (a) Repeal.--Section 308 of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4107) is repealed.</DELETED>
<DELETED>    (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)''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fishery Failures: Urgently Needed 
Disaster Declarations Act''.

SEC. 2. FISHERY RESOURCE DISASTER RELIEF.

    Section 312(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861a(a)) is amended to read as follows:
    ``(a) Fishery Resource Disaster Relief.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Allowable cause.--The term `allowable cause' 
                means a natural cause, discrete anthropogenic cause, or 
                undetermined cause.
                    ``(B) Anthropogenic cause.--The term `anthropogenic 
                cause' means an anthropogenic event, such as an oil 
                spill or spillway opening--
                            ``(i) that could not have been addressed or 
                        prevented by fishery management measures; and
                            ``(ii) 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.
                    ``(C) Fishery resource disaster.--The term `fishery 
                resource disaster' means a disaster that is determined 
                by the Secretary in accordance with this subsection 
                and--
                            ``(i) is an unexpected 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 and results in significant revenue or 
                        subsistence loss due to an allowable cause; and
                            ``(ii) does not include--
                                    ``(I) reasonably predictable, 
                                foreseeable, and recurrent fishery 
                                cyclical variations in species 
                                distribution or stock abundance; or
                                    ``(II) reductions in fishing 
                                opportunities resulting from 
                                conservation and management measures 
                                taken pursuant to this Act.
                    ``(D) 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.
                    ``(E) Natural cause.--The term `natural cause'--
                            ``(i) means a weather, climatic, hazard, or 
                        biology-related event, such as--
                                    ``(I) a hurricane;
                                    ``(II) a flood;
                                    ``(III) a harmful algal bloom;
                                    ``(IV) a tsunami;
                                    ``(V) a hypoxic zone;
                                    ``(VI) a drought;
                                    ``(VII) El Nino effects on water 
                                temperature;
                                    ``(VIII) a marine heat wave; or
                                    ``(IX) disease; and
                            ``(ii) does not mean a normal or cyclical 
                        variation in a species distribution or stock 
                        abundance.
                    ``(F) 12-month revenue loss.--The term `12-month 
                revenue loss' means the percentage reduction in 
                commercial, charter, headboat, and processor revenue 
                for the 12 months during the fishery resource disaster 
                period that is due to the fishery resource disaster, 
                when compared to average annual revenue in the most 
                recent 5-year period or equivalent for stocks with 
                cyclical life histories.
                    ``(G) 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.
            ``(2) General authority.--
                    ``(A) 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 subsection in accordance with this 
                subsection.
                    ``(B) 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 paragraph (9) 
                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) Savings clause.--The requirements under this 
                subsection shall take effect only with respect to 
                requests for a fishery resource disaster determination 
                submitted after the date of enactment of the Fishery 
                Failures: Urgently Needed Disaster Declarations Act.
            ``(3) Initiation of a fishery resource disaster review.--
                    ``(A) Eligible requesters.--Not later than 1 year 
                after the date of the conclusion of the fishing season, 
                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--
                            ``(i) the Governor of an affected State;
                            ``(ii) an official Tribal resolution; or
                            ``(iii) any other comparable elected or 
                        politically appointed representative as 
                        determined by the Secretary.
                    ``(B) Required information.--A complete request for 
                a fishery resource disaster determination under 
                subparagraph (A) shall include--
                            ``(i) identification of all presumed 
                        affected fish stocks;
                            ``(ii) identification of the fishery as 
                        Federal, non-Federal, or both;
                            ``(iii) the geographical boundaries of the 
                        fishery;
                            ``(iv) preliminary information on causes of 
                        the fishery resource disaster, if known; and
                            ``(v) information needed to support a 
                        finding of a fishery resource disaster, 
                        including--
                                    ``(I) information demonstrating the 
                                occurrence of an unexpected 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;
                                    ``(II) 12-month revenue loss or 
                                subsistence loss for the affected 
                                Federal 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;
                                    ``(III) if applicable, information 
                                on lost resource tax revenues assessed 
                                by local communities, such as a raw 
                                fish tax; and
                                    ``(IV) if applicable, information 
                                on 12-month revenue loss for processors 
                                related to the information provided 
                                under subclause (I), subject to section 
                                402(b).
                    ``(C) Assistance.--The Secretary may provide 
                assistance, data, and analysis to an eligible requester 
                described in paragraph (1), if so requested and the 
                data is not available to the requester, in carrying out 
                the complete request under subparagraph (A).
            ``(4) Review process.--
                    ``(A) Interim response.--Not later than 20 days 
                after receipt of a request under paragraph (3), the 
                Secretary shall provide an interim response to the 
                individual that--
                            ``(i) acknowledges receipt of the request;
                            ``(ii) provides a regional contact within 
                        the National Oceanographic and Atmospheric 
                        Administration;
                            ``(iii) outlines the process and timeline 
                        by which a request shall be considered; and
                            ``(iv) requests additional information 
                        concerning the fishery resource disaster, if 
                        the original request is considered incomplete.
                    ``(B) Evaluation of requests.--
                            ``(i) In general.--The Secretary shall 
                        complete a review, within the time frame 
                        described in clause (ii), using the best 
                        scientific information available, in 
                        consultation with the affected fishing 
                        communities, States, or Tribes, of--
                                    ``(I) the information provided by 
                                the requester and any additional 
                                information relevant to the fishery, 
                                which may include--
                                            ``(aa) fishery 
                                        characteristics;
                                            ``(bb) stock assessments;
                                            ``(cc) the most recent 
                                        fishery independent surveys and 
                                        other fishery resource 
                                        assessments and surveys 
                                        conducted by Federal, State, or 
                                        Tribal officials;
                                            ``(dd) estimates of 
                                        mortality; and
                                            ``(ee) overall effects; and
                                    ``(II) the available economic 
                                information, which may include an 
                                analysis of--
                                            ``(aa) landings data;
                                            ``(bb) revenue;
                                            ``(cc) the number of 
                                        participants involved;
                                            ``(dd) the number and type 
                                        of jobs and persons impacted, 
                                        which may include--

                                                    ``(AA) fishers;

                                                    ``(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, such as a 
                                                marina operator, 
                                                recreational fishing 
                                                equipment retailer, or 
                                                charter, headboat, or 
                                                tender vessel owner, 
                                                operator, or crew;

                                            ``(ee) an impacted Indian 
                                        Tribe;
                                            ``(ff) an impacted business 
                                        or other entity;
                                            ``(gg) the availability of 
                                        hazard insurance to address 
                                        financial losses due to a 
                                        disaster;
                                            ``(hh) other forms of 
                                        disaster assistance made 
                                        available to the fishery, 
                                        including prior awards of 
                                        disaster assistance for the 
                                        same event;
                                            ``(ii) the length of time 
                                        the resource, or access to the 
                                        resource, has been restricted;
                                            ``(jj) status of recovery 
                                        from previous fishery resource 
                                        disasters;
                                            ``(kk) lost resource tax 
                                        revenues assessed by local 
                                        communities, such as a raw fish 
                                        tax; and
                                            ``(ll) other appropriate 
                                        indicators to an affected 
                                        fishery, as determined by the 
                                        National Marine Fisheries 
                                        Service.
                            ``(ii) Time frame.--The Secretary shall 
                        complete the review described in clause (i), 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;
                                    ``(II) has not concluded, not later 
                                than 120 days after the conclusion of 
                                the fishing season; or
                                    ``(III) has not been opened, not 
                                later than 120 days after the Secretary 
                                receives a complete request for a 
                                fishery resource disaster 
                                determination.
                    ``(C) Fishery resource disaster determination.--The 
                Secretary shall make the determination of a fishery 
                resource disaster based on the criteria for 
                determinations listed in paragraph (5).
                    ``(D) Notification.--Not later than 14 days after 
                the conclusion of the review under this paragraph, the 
                Secretary shall notify the requester and the Governor 
                of the affected State or Tribal representative of the 
                determination of the Secretary.
            ``(5) Criteria for determinations.--
                    ``(A) In general.--The Secretary shall make a 
                determination about whether a fishery resource disaster 
                has occurred, based on the revenue loss thresholds 
                under subparagraph (B), and, if a fishery resource 
                disaster has occurred, whether the fishery resource 
                disaster was due to--
                            ``(i) a natural cause;
                            ``(ii) an anthropogenic cause;
                            ``(iii) a combination of a natural cause 
                        and an anthropogenic cause; or
                            ``(iv) an undetermined cause.
                    ``(B) Revenue loss thresholds.--
                            ``(i) 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 
                                paragraph (4)(B).
                                    ``(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.
                            ``(ii) Charter fishing.--In making a 
                        determination of whether a fishery resource 
                        disaster has occurred, the Secretary shall 
                        consider the economic impacts to the charter 
                        fishing industry to ensure financial coverage 
                        for charter fishing businesses.
                            ``(iii) Subsistence uses.--In making a 
                        determination of whether a fishery resource 
                        disaster has occurred, the Secretary may 
                        consider loss of subsistence opportunity, where 
                        appropriate.
                    ``(C) Ineligible fisheries.--A fishery subject to 
                overfishing in any of the 3 years preceding the date of 
                a determination under this subsection 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.
                    ``(D) 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 subparagraphs (A) and (B).
            ``(6) Disbursal of appropriated funds.--
                    ``(A) Authorization.--The Secretary shall allocate 
                funds available under paragraph (9) for fishery 
                resource disasters.
                    ``(B) Allocation of appropriated fishery resource 
                disaster assistance.--
                            ``(i) Notification of funding 
                        availability.--When there are appropriated 
                        funds for 1 or more fishery resource disasters, 
                        the Secretary shall notify the public and 
                        representatives of affected fishing communities 
                        with a positive disaster determination that is 
                        unfunded of the allocation under paragraph 
                        (2)(B) not more than 14 days after the date of 
                        the appropriation or the determination of a 
                        fishery resource disaster, whichever occurs 
                        later.
                            ``(ii) Extension of deadline.--The 
                        Secretary may extend the deadline under clause 
                        (i) by 90 days to evaluate and make 
                        determinations on eligible requests.
                    ``(C) Considerations.--In determining the 
                allocation of appropriations for a fishery resource 
                disaster, the Secretary shall consider commercial, 
                charter, headboat, or seafood processing revenue losses 
                and may consider the following factors:
                            ``(i) Direct economic impacts.
                            ``(ii) Uninsured losses.
                            ``(iii) Losses of subsistence and Tribal 
                        ceremonial fishing opportunity.
                            ``(iv) Losses of recreational fishing 
                        opportunity.
                            ``(v) Aquaculture operations revenue loss.
                            ``(vi) Direct revenue losses to a fishing 
                        community.
                            ``(vii) Treaty obligations.
                            ``(viii) Other economic impacts.
                    ``(D) Spend plans.--To receive an allocation from 
                funds available under paragraph (9), a requester with 
                an affirmative fishery resource disaster determination 
                shall submit a spend plan to the Secretary, not more 
                than 120 days after receiving notification that funds 
                are available, that shall include the following 
                information, if applicable:
                            ``(i) Objectives and outcomes, with an 
                        emphasis on addressing the factors contributing 
                        to the fishery resource disaster and minimizing 
                        future uninsured losses, if applicable.
                            ``(ii) Statement of work.
                            ``(iii) Budget details.
                    ``(E) Regional contact.--The Secretary shall 
                provide a regional contact within the National Oceanic 
                and Atmospheric Administration to facilitate review of 
                spend plans and disbursal of funds.
                    ``(F) Disbursal of funds.--
                            ``(i) Availability.--Funds shall be 
                        disbursed not later than 90 days after the date 
                        the Secretary receives a complete spend plan 
                        under subparagraph (D).
                            ``(ii) Method.--The Secretary may provide 
                        an allocation of funds under this subsection in 
                        the form of a grant, direct payment, 
                        cooperative agreement, loan, or contract.
                            ``(iii) Eligible uses.--
                                    ``(I) In general.--Funds allocated 
                                for fishery resources disasters under 
                                this subsection shall prioritize the 
                                following uses, which are not in order 
                                of priority:
                                            ``(aa) Habitat conservation 
                                        and restoration and other 
                                        activities, including 
                                        scientific research, that 
                                        reduce adverse impacts to the 
                                        fishery or improve 
                                        understanding of the affected 
                                        species or its ecosystem.
                                            ``(bb) The collection of 
                                        fishery information and other 
                                        activities that improve 
                                        management of the affected 
                                        fishery.
                                            ``(cc) In a commercial 
                                        fishery, capacity reduction and 
                                        other activities that improve 
                                        management of fishing effort, 
                                        including funds to offset 
                                        budgetary costs to refinance a 
                                        Federal fishing capacity 
                                        reduction loan or to repay the 
                                        principal of a Federal fishing 
                                        capacity reduction loan.
                                            ``(dd) Developing, 
                                        repairing, or improving 
                                        fishery-related public 
                                        infrastructure.
                                            ``(ee) Job training and 
                                        economic transition programs.
                                            ``(ff) Public information 
                                        campaigns on the recovery of 
                                        the fishery, including 
                                        marketing.
                                            ``(gg) 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.
                                            ``(hh) Direct assistance to 
                                        a person, fishing community 
                                        (including assistance for lost 
                                        fisheries resource levies), 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 paragraph (5)(D).
                                            ``(ii) Appropriate economic 
                                        and other incentives to 
                                        encourage commercial fishermen 
                                        to return to the fishery once 
                                        it has recovered from the 
                                        disaster.
                                            ``(jj) Hatcheries and stock 
                                        enhancement to help rebuild the 
                                        affected stock or offset 
                                        fishing pressure on the 
                                        affected stock.
                                            ``(kk) 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 items (aa) through (ff) of 
                                subclause (I) shall be individuals who 
                                are, or were, employed in a commercial, 
                                charter, or Tribal fishery for which 
                                the Secretary has determined that a 
                                fishery resource disaster has occurred.
            ``(7) Limitations.--
                    ``(A) Federal share.--
                            ``(i) In general.--Except as applied to 
                        Tribes and as provided in clauses (ii) and 
                        (iii), the Federal share of the cost of any 
                        activity carried out under the authority of 
                        this subsection shall not exceed 75 percent of 
                        the cost of that activity.
                            ``(ii) Waiver.--The Secretary may waive the 
                        non-Federal share requirements of this 
                        subsection, 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.
                            ``(iii) Exception.--The Federal share of 
                        direct assistance as described in paragraph 
                        (6)(F)(iii)(I)(hh) shall be equal to 100 
                        percent.
                    ``(B) Limitations on administrative expenses.--
                            ``(i) Federal.--Not more than 3 percent of 
                        the funds available under this subsection may 
                        be used for administrative expenses by the 
                        National Oceanographic and Atmospheric 
                        Administration.
                            ``(ii) State or tribal governments.--Of the 
                        funds remaining after the use described in 
                        clause (i), not more than 5 percent may be used 
                        by States, Tribal governments, or interstate 
                        marine fisheries commissions for administrative 
                        expenses.
                    ``(C) Fishing capacity reduction program.--
                            ``(i) In general.--No funds available under 
                        this subsection 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.
                            ``(ii) Assistance conditions.--As a 
                        condition of providing assistance under this 
                        subsection 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--
                                            ``(aa) scrapped or 
                                        otherwise disposed of in a 
                                        manner approved by the 
                                        Secretary;
                                            ``(bb) donated to a 
                                        nonprofit organization and 
                                        thereafter used only for 
                                        purposes of research, 
                                        education, or training; or
                                            ``(cc) 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.
                    ``(D) No fishery endorsement.--
                            ``(i) In general.--A vessel that is 
                        prohibited from fishing under subparagraph 
                        (C)(ii)(I) shall not be eligible for a fishery 
                        endorsement under section 12113(a) of title 46, 
                        United States Code.
                            ``(ii) Noneffective.--A fishery endorsement 
                        for a vessel described in clause (i) shall not 
                        be effective.
                            ``(iii) No sale.--A vessel described in 
                        clause (i) shall not be sold to a foreign owner 
                        or reflagged.
            ``(8) 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 paragraph (4)(B).
            ``(9) Authorization of appropriations.--
                    ``(A) Authorization.--There are authorized to be 
                appropriated to carry out this subsection such sums as 
                may be necessary.
                    ``(B) Availability of funds.--Amounts appropriated 
                under this subsection shall remain available until 
                expended.
                    ``(C) Tax exempt status.--The Fisheries Disaster 
                Fund appropriated under this subsection shall be a tax 
                exempt fund.''.

SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.

    (a) Repeal.--Section 315 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1864) is repealed.
    (b) Report.--Section 113(b)(2) of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 
460ss note) is amended--
            (1) in the paragraph heading, by striking ``Annual report'' 
        and inserting ``Report'';
            (2) in the matter preceding subparagraph (A), by striking 
        ``Not later than 2 years after the date of enactment of this 
        Act, and annually thereafter'' and inserting ``Not later than 2 
        years after the date of enactment of the Fishery Failures: 
        Urgently Needed Disaster Declarations Act, and biennially 
        thereafter''; and
            (3) in subparagraph (D), by striking ``the calendar year 
        2003'' and inserting ``the most recent''.

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)''.

SEC. 5. BUDGET REQUESTS; REPORTS.

    (a) Budget Request.--In the budget justification materials 
submitted to Congress in support of the budget of the Department of 
Commerce for each fiscal year (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code), the 
Secretary of Commerce shall include a separate statement of the amount 
requested to be appropriated for that fiscal year for outstanding 
unfunded fishery resource disasters.
    (b) Driftnet Act Amendments of 1990 Report and Bycatch Reduction 
Agreements.--
            (1) In general.--The Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1801 et seq.) is amended--
                    (A) in section 202(h), by striking paragraph (3); 
                and
                    (B) in section 206--
                            (i) by striking subsections (e) and (f); 
                        and
                            (ii) by redesignating subsections (g) and 
                        (h) as subsections (e) and (f), respectively.
            (2) Biennial report on international compliance.--Section 
        607 of the High Seas Driftnet Fishing Moratorium Protection Act 
        (16 U.S.C. 1826h) is amended--
                    (A) by inserting ``(a) In General.--'' before ``The 
                Secretary'' and indenting appropriately; and
                    (B) by adding at the end the following:
    ``(b) Additional Information.--In addition to the information 
described in paragraphs (1) through (5) of subsection (a), the report 
shall include--
            ``(1) a description of the actions taken to carry out the 
        provisions of section 206 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1826), including--
                    ``(A) an evaluation of the progress of those 
                efforts, the impacts on living marine resources, 
                including available observer data, and specific plans 
                for further action;
                    ``(B) a list and description of any new fisheries 
                developed by nations that conduct, or authorize their 
                nationals to conduct, large-scale driftnet fishing 
                beyond the exclusive economic zone of any nation; and
                    ``(C) a list of the nations that conduct, or 
                authorize their nationals to conduct, large-scale 
                driftnet fishing beyond the exclusive economic zone of 
                any nation in a manner that diminishes the 
                effectiveness of or is inconsistent with any 
                international agreement governing large-scale driftnet 
                fishing to which the United States is a party or 
                otherwise subscribes; and
            ``(2) a description of the actions taken to carry out the 
        provisions of section 202(h) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1822(h)).
    ``(c) Certification.--If, at any time, the Secretary, in 
consultation with the Secretary of State and the Secretary of the 
department in which the Coast Guard is operating, identifies any nation 
that warrants inclusion in the list described under subsection 
(b)(1)(C), due to large scale drift net fishing, the Secretary shall 
certify that fact to the President. Such certification shall be deemed 
to be a certification for the purposes of section 8(a) of the 
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.
    (c) Report on Efforts to Prepare and Adapt United States Fishery 
Management for the Impacts of Climate Change.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit a report to Congress examining efforts by 
        the Regional Fishery Management Councils, the Atlantic States 
        Marine Fisheries Commission, and the National Marine Fisheries 
        Service to prepare and adapt to the impacts of climate change.
            (2) Contents of study.--The report required under paragraph 
        (1) shall include--
                    (A) an examination of current or previous efforts 
                (including the 2016 GAO Report on Federal Fisheries 
                Management ), and whether those efforts have resulted 
                in changes to management, by the Regional Fishery 
                Management Councils, the Atlantic States Marine 
                Fisheries Commission, and the National Marine Fisheries 
                Service to prepare and adapt Federal and jointly 
                managed fisheries for the impacts of climate change;
                    (B) an examination of any guidance issued to the 
                Regional Fishery Management Councils by the National 
                Marine Fisheries Service to prepare and adapt Federal 
                fishery management for the impacts of climate change 
                and whether and how that guidance has been utilized;
                    (C) identification of and recommendations for how 
                best to address the most significant economic, social, 
                ecological, or other knowledge gaps, as well as key 
                funding gaps, that would increase the ability of the 
                Regional Fishery Management Councils, the Atlantic 
                States Marine Fisheries Commission, or the National 
                Marine Fisheries Service to prepare and adapt fishery 
                management for the impacts of climate change;
                    (D) recommendations for how the Regional Fishery 
                Management Councils, the Atlantic States Marine 
                Fisheries Commission, and the National Marine Fisheries 
                Service can better adapt fishery management and prepare 
                associated fishing industries and dependent communities 
                for the impacts of climate change; and
                    (E) recommendations for how to enhance the capacity 
                of the National Marine Fisheries Service to monitor 
                climate-related changes to fisheries and marine 
                ecosystems, to understand the mechanisms of change, to 
                evaluate risks and priorities, to provide forecasts and 
                projections of future conditions, to communicate 
                scientific advice, and to better manage fisheries under 
                changing conditions due to climate change.
                                                       Calendar No. 586

116th CONGRESS

  2d Session

                                S. 2346

                          [Report No. 116-293]

_______________________________________________________________________

                                 A BILL

To improve the Fishery Resource Disaster Relief program of the National 
           Marine Fisheries Service, and for other purposes.

_______________________________________________________________________

                           November 16, 2020

                       Reported with an amendment