[Congressional Record Volume 167, Number 171 (Thursday, September 30, 2021)]
[Senate]
[Pages S6860-S6863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


               FISHERY RESOURCE DISASTERS IMPROVEMENT ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 2923, which was introduced 
earlier today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2923) to improve the Fishery Resource Disaster 
     Relief program of the National Marine Fisheries Service, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SCHUMER. I ask unanimous consent that the bill be considered read 
a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. SCHUMER. I know of no further debate on the bill.
  The PRESIDING OFFICER. If there is no further debate, and the bill 
having been read the third time, the question is, Shall the bill pass?
  The bill (S. 2923) was passed, as follows:

                                S. 2923

       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.--

[[Page S6861]]

       ``(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.

[[Page S6862]]

       ``(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

[[Page S6863]]

     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)).''.

  Mr. SCHUMER. I ask that the motion to reconsider be considered made 
and laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________