[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2923 Considered and Passed Senate (CPS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2923

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

                           September 30, 2021

    Mr. Wicker (for himself, Ms. Cantwell, Mrs. Hyde-Smith, and Ms. 
    Murkowski) introduced the following bill; which was read twice, 
              considered, read the third time, and passed

_______________________________________________________________________

                                 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 Resource Disasters 
Improvement 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 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 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, as 
                applicable, in commercial, charter, headboat, or 
                processor revenue for the 12 months during which the 
                fishery resource disaster occurred, when compared to 
                average annual revenue in the most recent 5 years when 
                no fishery resource disaster occurred 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 for such purposes, 
                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 
                Resource Disasters Improvement 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 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;
                                    ``(II) 12-month revenue loss or 
                                subsistence loss for the affected 
                                fishery, or if a fishery resource 
                                disaster has occurred at any time in 
                                the previous 5-year period, the most 
                                recent 5 years when no fishery resource 
                                disaster occurred;
                                    ``(III) if applicable, information 
                                on lost resource tax revenues assessed 
                                by local communities, such as a raw 
                                fish tax and local sourcing 
                                requirements; and
                                    ``(IV) if applicable and available, 
                                information on 12-month revenue loss 
                                for charter, headboat, or processors 
                                related to the information provided 
                                under subclause (I), subject to section 
                                402(b).
                    ``(C) Assistance.--The Secretary may provide data 
                and analysis assistance to an eligible requester 
                described in paragraph (1), if--
                            ``(i) the assistance is so requested;
                            ``(ii) the Secretary is in possession of 
                        the required information described in 
                        subparagraph (B); and
                            ``(iii) the data is not available to the 
                        requester, in carrying out the complete request 
                        under subparagraph (B).
                    ``(D) Initiation of review.--The Secretary shall 
                have the discretion to initiate a fishery resource 
                disaster review without a request.
            ``(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) other forms of 
                                        disaster assistance made 
                                        available to the fishery, 
                                        including prior awards of 
                                        disaster assistance for the 
                                        same event;
                                            ``(gg) the length of time 
                                        the resource, or access to the 
                                        resource, has been restricted;
                                            ``(hh) status of recovery 
                                        from previous fishery resource 
                                        disasters;
                                            ``(ii) lost resource tax 
                                        revenues assessed by local 
                                        communities, such as a raw fish 
                                        tax; and
                                            ``(jj) 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) is expected to be closed 
                                for the entire fishing season, 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.--Based on the information 
                        provided or analyzed under paragraph (4)(B), 
                        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 may result in a positive 
                                determination that a fishery resource 
                                disaster has occurred, based on the 
                                information provided or analyzed under 
                                paragraph (4)(B).
                                    ``(II) Losses between 35 percent 
                                and 80 percent shall be evaluated to 
                                determine whether economic impacts are 
                                severe enough to declare that a fishery 
                                resource disaster has occurred.
                                    ``(III) Losses less than 35 percent 
                                shall not be eligible for a 
                                determination that a fishery resource 
                                disaster has occurred.
                            ``(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 loss.--In considering 
                        subsistence loss, the Secretary shall evaluate 
                        the severity of loss to the fishing community 
                        instead of applying the revenue loss thresholds 
                        described in clause (i).
                    ``(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.
            ``(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--
                                    ``(I) the public; and
                                    ``(II) representatives of affected 
                                fishing communities with a positive 
                                disaster determination that is 
                                unfunded;
                        of the availability of funds, 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.--If so requested, 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 made 
                        available to grantees not later than 90 days 
                        after the date the Secretary receives a 
                        complete spend plan.
                            ``(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 restore the 
                                fishery affected by such a disaster, 
                                prevent a similar disaster in the 
                                future, or assist the affected fishing 
                                community, and 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) 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).
                                            ``(ff) Hatcheries and stock 
                                        enhancement to help rebuild the 
                                        affected stock or offset 
                                        fishing pressure on the 
                                        affected stock.
                                    ``(II) Displaced fishery 
                                employees.--Where appropriate, 
                                individuals carrying out the activities 
                                described in items (aa) through (dd) 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 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 shall 
                        be equal to 100 percent in the case of--
                                    ``(I) direct assistance as 
                                described in paragraph 
                                (6)(F)(iii)(I)(ee); or
                                    ``(II) assistance to subsistence or 
                                Tribal fisheries.
                    ``(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 in Federal, 
                                State, or international waters; 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.--There are 
        authorized to be appropriated to carry out this subsection 
        $377,000,000 for the period of fiscal years 2021 through 
        2026.''.

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 Resource 
        Disasters Improvement 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 Resource Disasters Improvement 
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)).''.
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