[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.
____________________