[Senate Report 116-293]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 586

116th Congress  }                                          {   Report
                                SENATE                          
2d Session      }                                          {   116-293
_______________________________________________________________________

                                     

                                                       

      FISHERY FAILURES: URGENTLY NEEDED DISASTER DECLARATIONS ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2346

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               November 16, 2020.--Ordered to be printed
               
               
               
                            ______

             U.S. GOVERNMENT PUBLISHING OFFICE 
 19-010              WASHINGTON : 2020 
                
               
               
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             second session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director
               
               

                                                       Calendar No. 586
                                                       
                                                       
116th Congress   }                                                Report
                                 SENATE
 2d Session      }                                               116-293

======================================================================



 
      FISHERY FAILURES: URGENTLY NEEDED DISASTER DECLARATIONS ACT

                                _______
                                

               November 16, 2020.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2346]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2346) to improve the Fishery 
Resource Disaster Relief program of the National Marine 
Fisheries Service, and for other purposes, having considered 
the same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          Purpose of the Bill

    The purpose of S. 2346, the Fishery Failures: Urgently 
Needed Disaster Declarations Act, is to clarify and expedite 
the disaster declaration process, establish certain deadlines 
for the National Oceanic and Atmospheric Administration (NOAA), 
reduce delays, and clarify eligibility for assistance to ensure 
that charter, recreational, and Tribal fishers have access to 
disaster funds. Additionally, the bill would provide employment 
opportunities for fishery employees displaced by a fishery 
disaster by prioritizing their hiring to undertake restoration, 
conservation, and other fishery rebuilding activities funded by 
disaster relief funds.

                          Background and Needs

    The productivity and profitability of marine fisheries 
varies significantly due to natural and anthropogenic causes, 
such as oceanic conditions, climate, pollution, and weather 
events. There are also unavoidable fluctuations in wild caught 
fisheries which can create financial challenges for fishermen. 
For example, there are cyclical variations in some fish stocks, 
changes in fish stocks due to extreme conditions, stock 
declines due to overfishing, and changes in the ability of a 
fisherman to access a particular fishery. Cyclical variation in 
fish stocks can be very predictable. For example, certain fish 
stocks, such as anchovies and sardines, have large variations 
based on ocean currents.\1\ Extreme weather conditions can also 
cause population changes. For example, anadromous fish\2\ can 
be very sensitive to drought. Harmful algal blooms (HABs), such 
as red tide, can cause large and sudden fish kills or make fish 
unsafe to eat.\3\
---------------------------------------------------------------------------
    \1\NOAA Fisheries, ``Climate Variability & Marine Fisheries,'' Sep. 
18, 2019 (https://www.pfeg.noaa.gov/research/climatemarine/cmffish/
cmffishery.html).
    \2\Anadromous fish are born in fresh water, spend their lives in 
the sea, and return to fresh water to spawn.
    \3\Woods Hole Oceanographic Institution, ``Fish Kills,'' May 9, 
2018 (https://www.whoi.edu/website/redtide/impacts/wildlife/fish-kills/
).
---------------------------------------------------------------------------
    Fishermen can also experience a lack of access to 
fisheries, even if the stock is healthy. This most often occurs 
when natural disasters, such as hurricanes or tsunamis, destroy 
habitat, fishing infrastructure or boats. Fishery disasters 
occur when fishermen endure economic hardships resulting from 
fish population declines or other disruptions to the fishery.

                           FISHERY DISASTERS

    Fishery disaster assistance is administered by NOAA's 
National Marine Fisheries Service (NMFS) within the Department 
of Commerce. A combination of two pieces of legislation, the 
Magnuson-Stevens Fishery Conservation and Management Act\4\ and 
the Interjurisdictional Fisheries Act (IJFA)\5\ provide the 
authority and requirements for fishery disaster assistance. 
NOAA uses one policy document to provide guidance and clarity 
for these two overlapping statutes.\6\ Under both statutes, a 
request for a fishery disaster determination is initiated by 
the Governor of a State, by a fishing community, such as an 
Indian Tribe, or directly by the Secretary of Commerce. The 
Secretary determines whether the circumstances are consistent 
with relevant statutes and whether it warrants a fishery 
disaster determination. The Secretary of Commerce has used a 
disaster declaration by the Federal Emergency Management Agency 
(FEMA) to expedite declaring a fishery disaster. For example, 
after Hurricanes Harvey, Maria, Irma, and Sandy, and the 
Deepwater Horizon Oil Spill, the Secretary declared fishery 
disasters within days of the request.
---------------------------------------------------------------------------
    \4\Public Law 109-479.
    \5\Public Law 99-659.
    \6\NOAA Fisheries, ``National Marine Fisheries Service Policy 01-
122,'' May 8, 2007 (https://www.fisheries.noaa.gov/webdam/download/
64692768) (accessed Mar. 27, 2020).
---------------------------------------------------------------------------
    Congress may appropriate resources for disaster assistance 
after the Secretary concludes that a fishery disaster has 
happened.\7\ Such funds are overseen by the Secretary.\8\ This 
funding is usually appropriated by Congress as needs arise, 
rather than in anticipation of future needs.\9\ If no funds 
have been previously appropriated and remain available for 
fishery disaster assistance, there is often a time delay 
between the determination of a disaster and the passage of an 
appropriations bill containing funds for disaster relief.
---------------------------------------------------------------------------
    \7\NOAA Fisheries, ``National Marine Fisheries Service Policy 01-
122,'' May 8, 2007 (https://www.fisheries.noaa.gov/webdam/download/
64692768) (accessed Mar. 27, 2020).
    \8\Ibid.
    \9\Congressional Research Service, ``Commercial Fishery Disaster 
Assistance,'' Jul. 29, 2010 (http://www.nationalaglawcenter.org/wp-
content/uploads/assets/crs/RL34209.pdf) (accessed Mar. 27, 2020).
---------------------------------------------------------------------------
    Funding can also be delayed by a lack of clear deadlines 
within the process, a lack of clarity about allowable uses, as 
well as the lengthy process of developing a spend plan and 
obtaining approval for the dispersal of funds from the Office 
of Management and Budget. Since 1994, fishery disaster 
declarations have been made a total of 87 times, totaling 
approximately $1.4 billion in Federal funding dollars. Within 
these 87 events, funds have been appropriated to the Gulf of 
Mexico, New England, South Atlantic, Mid-Atlantic, Caribbean, 
North Pacific, and Western Pacific regions. Fisheries with 
multiple commercial fishery failure determinations include: the 
West Coast salmon troll fishery; the Puget Sound sockeye salmon 
fishery; the Northeast multispecies fishery; Gulf of Mexico 
fisheries following hurricanes, floods, and HABs; New England 
shellfish fisheries; Alaska salmon fisheries; and the Bering 
Sea snow crab fishery.\10\
---------------------------------------------------------------------------
    \10\NOAA Fisheries, ``Fishery Disaster Determinations,'' Jan. 27, 
2020 (https://www.fisheries.noaa.gov/national/funding-and-financial-
services/fishery-disaster-
determinations) (accessed Mar. 27, 2020).
---------------------------------------------------------------------------
    Historically, assistance has been provided to fishermen and 
fishing communities in the form of grants, job retraining, 
employment, and low interest loans. Disaster assistance has 
also included fishery data collection, resource restoration, 
research, and fishing capacity reduction programs to prevent or 
lessen the effects of future disruptions to fisheries. 
Currently, funding under section 308(d) of the IJFA may be used 
to provide direct assistance to fishermen or to provide 
assistance indirectly through State agencies, local government, 
and nonprofit organizations for activities such as capacity 
reduction programs like fishing vessel buybacks, gear 
reduction, or fishing permit retirement. Funding may also be 
used for compensation, community grants, training, loans, debt 
refinancing, and employment on fishery-related projects.\11\
---------------------------------------------------------------------------
    \11\Congressional Research Service, ``Commercial Fishery Disaster 
Assistance,'' Jul. 29, 2010 (http://www.nationalaglawcenter.org/wp-
content/uploads/assets/crs/RL34209.pdf) (accessed Mar. 27, 2020).
---------------------------------------------------------------------------
    The current system of fishery disaster relief has raised 
concerns regarding the timing of relief to meet crucial needs, 
the relationship between disaster relief and long-term 
fisheries management, the definition of a fishery failure, and 
determination of the beneficiaries of relief.\12\
---------------------------------------------------------------------------
    \12\Ibid.
---------------------------------------------------------------------------

                 TIME DELAY BETWEEN DISASTER AND RELIEF

    Delay in the distribution of financial relief is a major 
concern surrounding disaster assistance. Fishery disasters 
often occur suddenly and can have immediate socio-economic 
impacts to fishing communities. As such, many stakeholders 
believe there should be an avenue for receiving direct 
financial assistance soon after a disaster is declared. Alaska 
fishermen faced long delays for disaster relief from a failure 
in the run of pink salmon from 2016 due to a missed June 1, 
2019, sign off deadline.\13\ In 2011, the Mississippi River 
reached flood stage and caused $60 million in economic losses 
to the Mississippi oyster industry.\14\ However, NOAA delayed 
an announcement that this event would receive fishery disaster 
declaration funding until 2014. The State of Washington 
declared multiple fishery disasters from 2014-2016 including 
coho salmon, Dungeness crab, and sockeye salmon.\15\ Washington 
did not receive funding until 2019 for these disasters. The 
expanse of time between fishery disaster determinations and 
funding authorization creates the risk of jeopardizing maritime 
industries.
---------------------------------------------------------------------------
    \13\Laine Welch, ``Alaska Fishermen Still Waiting For 2016 Disaster 
Relief Funds.'' National Fisherman, Jun. 11, 2019 (https://
www.nationalfisherman.com/alaska/alaska-fishermen-still-
waiting-for-2016-disaster-relief-funds/) (accessed Mar. 27, 2020).
    \14\Adrian Sainz, ``Mississippi River Flood of 2011 Caused $2.8B in 
Economic Damage: Army Corps,'' Insurance Journal, Feb. 27, 2013 
(https://www.insurancejournal.com/news/national/2013/02/27/282875.htm) 
(accessed Mar. 27, 2020).
    \15\Christine Blank, ``Washington's Senators Call for Salmon, Crab 
Fishing Seasons To Be Declared `Disasters','' Seafood Source, Dec. 6, 
2016 (https://www.seafoodsource.com/news/supply-trade/washington-s-
senators-call-for-salmon-crab-fishing-seasons-to-be-declared-disasters) 
(accessed Mar. 27, 2020).
---------------------------------------------------------------------------

                  CONSEQUENCES OF FLOODING AND DROUGHT

    The rate of freshwater outflow from rivers and streams can 
have enormous impacts to fisheries. Fisheries can be harmed by 
extremes in salinity when there is too much or too little fresh 
water. From 2010 to 2013, the Apalachicola Chattahoochee-Flint 
River Basin was frequently classified by the National 
Integrated Drought Information System as in an exceptional 
drought. The resulting high salinity levels were correlated to 
unprecedented declines in oyster landings,\16\ followed by a 
fishery disaster declaration in 2013.\17\ Salmon, which spawn 
in freshwater rivers and streams, are particularly vulnerable 
to drought, and several drought-related fishery disasters have 
been declared on the West Coast.\18\ More recently, historic 
high flooding in the Midwest caused every site on the 
Mississippi river to record a top-five crest and led to FEMA 
disaster declarations in multiple Midwestern States.\19\ 
Floodwaters from the Mississippi River Basin flowed downstream, 
where the Army Corps of Engineers opened the gates of the 
Bonnet Carre spillway twice in the same year for the first time 
since the spillway was constructed in 1928.\20\ The freshwater 
influx into the Mississippi Sound resulted in the deaths of up 
to 100 percent of oysters in several areas.\21\ In addition to 
deadly changes in salinity, increased flooding can bring with 
it an influx of nutrients and bacteria, leading to HABs. HABs 
release biotoxins that can harm people, fish, shellfish, marine 
mammals and birds.\22\ For example, excess nutrient runoff from 
the opening of the Bonnet Carre Spillway has caused a HAB event 
in Lake Pontchartrain, which drains into the Gulf of Mexico. 
Overall, HABs account for the loss of $34 million a year in 
commercial fisheries. After HABs die and decompose, the 
decomposition process uses up the available oxygen in the 
water, leading to the formation of a hypoxic ``dead zone.''\23\ 
Dead zones have been known to occur across the United States, 
including in the Gulf of Mexico, Puget Sound, Great Lakes, 
Chesapeake Bay, and Long Island Sound.
---------------------------------------------------------------------------
    \16\Florida Sea Grant, ``Apalachicola Bay Oyster Situation 
Report,'' Apr. 24, 2013 (http://www.flseagrant.org/wp-content/uploads/
tp200--apalachicola_oyster_situation_report.pdf) (accessed Mar. 27, 
2020).
    \17\NOAA Fisheries, ``Fishery Disaster Determinations,'' May 22, 
2019 (https://www.fisheries.noaa.gov/national/funding-and-financial-
services/fishery-disaster-determinations) (accessed Mar. 27, 2020).
    \18\Ibid.
    \19\FEMA, ``Disaster Declarations by Year,'' 2019 (https://
www.fema.gov/disasters/year/2019?field_dv2_declaration_type_value=All) 
(accessed Mar. 27, 2020).
    \20\U.S. Army Corps of Engineers, ``Bonnet Carre Spillway 
Overview'' (https://www.mvn.usace.army.mil/Missions/Mississippi-River-
Flood-Control/Bonnet-Carre-Spillway-
Overview/Spillway-Operation-Information/) (accessed Mar. 27, 2020).
    \21\University of Southern Mississippi, ``2019 Bonnet Carre 
Spillway Monitoring Update,'' Jun. 21, 2019 (https://gcrl.usm.edu/
bonny.carre.spillway/2019%20Bonnet%20Carre%20Spillway%
20Overview%20-%20June%2021%202019%20-%20Final%20Version%20v2.pdf) 
(accessed Mar. 27, 2020).
    \22\NOAA Fisheries, ``Joining Forces to Understand the Impacts of 
Harmful Algal Blooms on Aquaculture,'' press release, Sep. 29, 2017 
(https://www.nefsc.noaa.gov/press_release/pr2017/
features/harmful-algal-blooms-aquaculture/) (accessed Mar. 27, 2020).
    \23\Centers for Disease Control and Prevention, ``Harmful Algal 
Bloom (HAB)-Associated Illness,'' Dec. 14, 2017 (https://www.cdc.gov/
habs/illness-symptoms-freshwater.html) (accessed Mar. 27, 2020).
---------------------------------------------------------------------------
    Climate variability and change impact the ocean in many 
ways, from extreme events to winds to temperatures and other 
ocean parameters that directly and indirectly impact fish 
stocks.\24\ This variability also can have dramatic impacts on 
fisheries,\25\ as evidenced by the impact of the warm water 
``blob'' that occurred off the West Coast between 2015 and 2016 
and decimated salmon stocks.\26\ Sustainable fisheries 
management necessitates an understanding of how climate, 
environment, fishing, and other factors impact fish stocks, and 
thus fisheries and the communities that rely on fishing.\27\ 
Marine fisheries are vulnerable to changes in climate, which 
influence the occurrence of events such as flooding and 
HABs\28\ that have caused federally declared fishery 
disasters.\29\
---------------------------------------------------------------------------
    \24\Ibid.
    \25\Coastal and Ocean Climate Applications (COCA) Fisheries and 
Climate Program (https://cpo.noaa.gov/Meet-the-Divisions/Climate-and-
Societal-Interactions/COCA/Climate-Fisheries).
    \26\Elizabeth A. Daly, Richard D. Brodeur, and Toby D. Auth, 
``Anomalous Ocean Conditions in 2015: Impacts on Spring Chinook Salmon 
And Their Prey Field,'' Marine Ecology Progress Series 566 (2017): 169-
182.
    \27\Coastal and Ocean Climate Applications (COCA) Fisheries and 
Climate Program (https://cpo.noaa.gov/Meet-the-Divisions/Climate-and-
Societal-Interactions/COCA/Climate-Fisheries).
    \28\The Food and Agriculture Organization of the United Nations, 
``Impacts of Climate Change on Fisheries and Aquaculture,'' 2018 
(http://www.fao.org/3/i9705en/i9705en.pdf).
    \29\NOAA Fisheries, ``Fishery Disaster Determinations,'' Jan. 27, 
2020 (https://www.fisheries.noaa.gov/national/funding-and-financial-
services/fishery-disaster-
determinations).
---------------------------------------------------------------------------

                         Summary of Provisions

    S. 2346, the Fishery Failures: Urgently Needed Disaster 
Declarations Act, would do the following:
   Clarify redundancies in fishery resource disaster 
        legislation.
   Provide a more efficient process for requesters 
        seeking disaster assistance when the fishery disaster 
        is a result of a Federal response to a natural 
        disaster.
   Expedite disaster review process by requiring NOAA 
        to notify requesters of positive fishery disaster 
        declarations sooner.
   Provide opportunities for employment for fishery 
        employees displaced by a fishery disaster by 
        prioritizing hiring to undertake restoration, 
        conservation, and other fishery rebuilding activities 
        funded by disaster relief funds.
   Make information available to requesters to clarify 
        fishery disaster request process.
   Clarify the eligibility of charter, recreational, 
        and Tribal fishermen to have access to disaster funds.

                          Legislative History

    S. 2346 was introduced on July 30, 2019, by Senator Wicker 
and was referred to the Committee on Commerce, Science, and 
Transportation of the Senate. Senators Cantwell, Sullivan, 
Murkowski, and Cassidy later became cosponsors. On November 13, 
2019, the Committee met in open Executive Session and, by voice 
vote, ordered S. 2346 reported favorably with an amendment (in 
the nature of a substitute).
    On September 25, 2019, the Committee held a hearing 
entitled ``Fishery Failures: Improving the Disaster Declaration 
and Relief Process,'' in which witnesses made suggestions for 
improvements to the fishery disaster relief process.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:




    Under current law, the National Oceanic and Atmospheric 
Administration (NOAA) may provide financial assistance to 
commercial fisheries that experience economic hardship because 
of natural or manmade disasters. S. 2346 would explicitly 
define terms that are used to determine if a fishery is 
eligible for assistance. The bill also would require NOAA to 
adhere to a faster application review process and to fulfill 
additional reporting requirements. Finally, S. 2346 would 
require the Government Accountability Office to report to the 
Congress on efforts by the Regional Fishery Management 
Councils, the Atlantic States Marine Fisheries Commission, and 
the National Marine Fisheries Service to prepare and adapt to 
climate change.
    Using information from NOAA, CBO expects that implementing 
S. 2346 would not substantially change the way the program is 
administered under current law. However, to review applications 
more quickly, CBO estimates that NOAA would need three 
additional employees each year at an average cost of $160,000 
per employee. In total, CBO expects that implementing the 
bill's requirements would cost $3 million over the 2020-2025 
period; any spending would be subject to the availability of 
appropriated funds.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 2346, as reported, would not create any new programs or 
impose any new regulatory requirements, and therefore would not 
subject any individuals or businesses to new regulations.

                            economic impact

    S. 2346, as reported, is not expected to have a negative 
impact on the Nation's economy. It is likely to have a net 
positive benefit by expediting the recovery of fisheries 
communities from unexpected disasters.

                                privacy

    The reported bill would have no impact on the personal 
privacy of individuals. Additional paperwork requirements for 
industries would be covered under section 402(b) of the 
Magnuson Stevens Act, which protects proprietary information.

                               paperwork

    S. 2346, as reported, would require additional revenue data 
from communities that collect a fish tax and from fish 
processors if they are seeking fishery disaster funds. The 
additional paperwork burden on these groups would be offset by 
the benefit of Federal recovery funding in the event of a 
fishery disaster declaration.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title

    This section would provide that the bill may be cited as 
the ``Fishery Failures: Urgently Needed Disaster Declarations 
Act''.

Section 2. Fishery resource disaster relief

    This section would define several terms used throughout the 
legislation. These terms include ``allowable cause'', 
``anthropogenic cause'', ``fishery resource disaster'', 
``Indian Tribe'', ``Tribal'', ``natural cause'', ``12-month 
revenue loss'', and ``undetermined cause''.
    This section also would give the Secretary of Commerce 
authority to determine the existence, extent, and beginning and 
end dates of a fishery disaster. After a disaster is 
determined, the Secretary would make funds available to be used 
by State or regional groups for assessment of impacts of the 
disaster as well as other activities that help to support 
fishing activity, such as restoration and prevention of future 
disasters.
    This section also would describe the fishery disaster 
review process. The initiation of a fishery disaster review 
would occur after the appropriate representative submits a 
request, within 1 year of the potential fishery disaster. This 
section would define the required fishery and disaster 
information for a request, which would include the affected 
stock, geographical boundaries, cause of disaster, and 
information that supports a disaster claim. This section would 
allow the Secretary to assist the requester in providing 
required data.
    The review of a fishery disaster would begin with an 
interim response provided by the Secretary within 20 days of 
receipt acknowledging the request and requesting additional 
information if necessary. This section would assign a 120-day 
timeline for the Secretary to evaluate a request, unless the 
fishing season is not over, in which case the Secretary would 
complete evaluation after the close of the fishery season. This 
section would require the Secretary to use the best fishery 
science and sociocultural and economic information available to 
evaluate the disaster.
    This section would define the criteria for the Secretary to 
determine a fishery resource disaster, including revenue loss 
thresholds, ineligible fisheries, and exceptional 
circumstances. Fisheries subject to overfishing would not be 
eligible for disaster assistance unless overfishing did not 
contribute to the disaster. In the case of obvious substantial 
economic impacts to a fishery which has also been subject to a 
disaster declaration under another statutory authority (e.g., a 
natural disaster or a fishery disaster resulting from a Federal 
action in response to a natural disaster), revenue loss 
analysis would not be required. This section would direct the 
Secretary to allocate funds for fishery resource disasters.
    This section would list criteria the Secretary shall 
consider when determining allocation of appropriations and the 
methods by which funds may be appropriated. This section also 
would direct the requester to submit a spend plan within 120 
days after receiving a notification affirming a fishery 
disaster. In the case where a fishery disaster is declared but 
funds have not been appropriated, the requester would still be 
required to submit a spend plan 120 days after notification of 
a positive disaster determination. Direct assistance would be 
allowed on the spend plan. The Secretary would provide 
allocation of funds within 90 days.
    This section would list the eligible uses of fishery 
disaster relief funds, including habitat restoration and 
conservation, efforts to improve management of the affected 
fishery, repair or improvement of fishery-related public 
infrastructure, job training, public information campaigns, and 
other purposes to restore or prevent future disasters to the 
fishery. This section would prioritize hiring fishery employees 
displaced by the fishery disaster to undertake these tasks. 
This section also would restrict the use of funds for 
administrative costs. No financial assistance would be used to 
fund fishery reduction programs under this section. This 
section would direct NOAA to make information on data 
collection procedures and best practices for submitting fishery 
disaster requests. This section would authorize appropriated 
funds for fishery disasters.
    This section would include a savings clause to allow 
requesters already experiencing the fishery disaster process to 
complete the process prior to the implementation of a new 
process.

Section 3. Magnuson-Stevens Fishery Conservation and Management Act

    This section would repeal section 315, the Regional Coastal 
Disaster Assistance, Transition, and Recovery Program, of the 
Magnuson-Stevens Fishery Conservation and Management Act. This 
section would also modify the annual report required for the 
Klamath River coho salmon to include the most recent National 
Research Council recommendations regarding Klamath River Basin 
salmon stocks, and make the reporting requirement biennial.

Section 4. Interjurisdictional Fisheries Act of 1986

    This section would repeal section 308 of the 
Interjurisdictional Fisheries Act of 1986. It would include a 
technical conforming edit to the Small Business Act.

Section 5. Budget requests; reports

    This section would require the Secretary to submit a list 
of and amount requested for outstanding fishery disaster 
requests with the annual budget request. It would reduce the 
frequency of certain reports. It would require a report on 
climate change and the impact on fisheries from the Government 
Accountability Office.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes made by the bill, as 
reported, to existing law at the time the bill was ordered 
reported, are shown as follows (existing law proposed to be 
omitted is enclosed in brackets, new matter is printed in 
italic, and existing law in which no change is proposed is 
shown in roman):

HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT

           *       *       *       *       *       *       *


                           [16 U.S.C. 1826h]

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

  (a) In General.--The Secretary, in consultation with the 
Secretary of State, shall provide to Congress, by not later 
than 2 years after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act 
of 2006, and every 2 years thereafter, on June 1 of that year a 
report that includes--
          (1) the state of knowledge on the status of 
        international living marine resources shared by the 
        United States or subject to treaties or agreements to 
        which the United States is a party, including a list of 
        all such fish stocks classified as overfished, 
        overexploited, depleted, endangered, or threatened with 
        extinction by any international or other authority 
        charged with management or conservation of living 
        marine resources;
          (2) a list of nations that have been identified under 
        section 1826j(a) or 1826k(a) of this title, including 
        the specific offending activities and any subsequent 
        actions taken pursuant to section 1826j or 1826k of 
        this title;
          (3) a description of efforts taken by nations on 
        those lists to comply take appropriate corrective 
        action consistent with sections 1826j and 1826k of this 
        title, and an evaluation of the progress of those 
        efforts, including steps taken by the United States to 
        implement those sections and to improve international 
        compliance;
          (4) progress at the international level, consistent 
        with section 1826i of this title, to strengthen the 
        efforts of international fishery management 
        organizations to end illegal, unreported, or 
        unregulated fishing; and
          (5) steps taken by the Secretary at the international 
        level to adopt international measures comparable to 
        those of the United States to reduce impacts of fishing 
        and other practices on protected living marine 
        resources, if no international agreement to achieve 
        such goal exists, or if the relevant international 
        fishery or conservation organization has failed to 
        implement effective measures to end or reduce the 
        adverse impacts of fishing practices on such species.
  (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)).

           *       *       *       *       *       *       *


INTERJURISDICTIONAL FISHERIES ACT OF 1986

           *       *       *       *       *       *       *


                            [16 U.S.C. 4107]

[SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

  [(a) General Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for apportionment to 
carry out the purposes of this title $5,000,000 for each of 
fiscal years 2007 through 2010, and $2,500,000 for each of 
fiscal years 2011 and 2012.
  [(b) Additional Appropriations.--In addition to the amounts 
authorized in subsection (a), there are authorized to be 
appropriated to the Department of Commerce $65,000,000 for each 
of the fiscal years 1994 and 1995, which shall be available in 
such amounts as the Secretary may determine appropriate for the 
purposes of this title; except that--
          [(1) in providing funds to States under this 
        subsection, the Secretary shall give a preference to 
        those States regarding which the Secretary determines 
        there is a commercial fishery failure or serious 
        disruption affecting future production due to a fishery 
        resource disaster arising from natural or undetermined 
        causes, and any sums made available under this 
        subsection may be used either by the States or directly 
        by the Secretary in cooperation with the States for any 
        purpose that the Secretary determines is appropriate to 
        restore the fishery affected by such a failure or to 
        prevent a similar failure in the future; and
          [(2) the funds authorized to be appropriated under 
        this subsection shall not be available to the Secretary 
        for use as grants for chartering fishing vessels; and
          [(3) the Federal share of the cost of any activity 
        carried out with an amount appropriated under the 
        authority of this subsection shall be 75 percent of the 
        cost of that activity.
[Amounts appropriated under this subsection shall remain 
available until expended.
  [(c) Development of Management Plans.--In addition to the 
amounts authorized under subsections (a) and (b), there are 
authorized to be appropriated to the Department of Commerce 
$900,000 for each of fiscal years 2007 through 2012, to support 
the efforts of the following interstate commissions to develop 
interstate fishery management plans for interjurisdictional 
fishery resources:
          [(1) The commission established by the Atlantic 
        States Marine Fisheries Compact, as consented to and 
        approved by Public Law 77-539 (56 Stat. 267), approved 
        May 4, 1942.
          [(2) The commission established by the Pacific Marine 
        Fisheries Compact, as consented to and approved by 
        Public Law 80-232 (61 Stat. 419), approved July 24, 
        1947.
          [(3) The commission established by the Gulf States 
        Marine Fisheries Compact, as consented to and approved 
        by Public Law 81-66 (63 Stat. 70), approved May 19, 
        1949.
  [(d) Assistance to Commercial Fishermen.--(1) In addition to 
the amounts authorized under subsections (a), (b), and (c), 
there are authorized to be appropriated to the Department of 
Commerce $65,000,000 for fiscal year 1992 to enable the 
Secretary to help persons engaged in commercial fisheries, 
either by providing assistance directly to those persons or by 
providing assistance indirectly through States and local 
government agencies and nonprofit organizations, for projects 
or other measures to alleviate harm determined by the Secretary 
to have been incurred as a direct result of a fishery resource 
disaster arising from Hurricane Hugo, Hurricane Andrew, 
Hurricane Iniki, or any other natural disaster. Amounts 
appropriated under this subsection shall remain available until 
expended.
  [(2) The Secretary shall determine the extent, and the 
beginning and ending dates, of any fishery resource disaster 
under this subsection.
  [(3) Eligibility for direct assistance to a person under this 
subsection shall be limited to any person that has less than 
$2,000,000 in net revenues annually from commercial fishing, as 
determined by the Secretary.
  [(4)(A) Assistance may not be provided under this subsection 
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 that fishery.
  [(B) As a condition of awarding assistance with respect to a 
vessel under a fishing capacity reduction program, the 
Secretary shall--
          [(i) prohibit the vessel from being used for fishing; 
        and
          [(ii) require that the vessel be--
                  [(I) scrapped or otherwise disposed of in a 
                manner approved by the Secretary; or
                  [(II) donated to a nonprofit organization and 
                thereafter used only for purposes of research, 
                education, or training; or
                  [(III) used for another non-fishing purpose 
                provided the Secretary determines that adequate 
                measures are in place to ensure that the vessel 
                cannot reenter any fishery.
  [(C) A vessel that is prohibited from fishing under 
subparagraph (B) shall not be eligible for a fishery 
endorsement under section 12108(a) of title 46, United States 
Code, and any such endorsement for the vessel shall not be 
effective.
  [(5) The Secretary shall establish, after notice and 
opportunity for public comment, appropriate limitations, terms, 
and conditions for receiving assistance under this subsection.
  [(6) As used in this subsection, the term ``person'' means 
any individual or any corporation, partnership, trust, 
association, or other nongovernmental entity.
  [(7) With respect to funds available for the New England 
region, the Secretary shall submit to the Congress by January 
1, 1997, with annual updates thereafter as appropriate, a 
report on the New England fishing capacity reduction initiative 
which provides--
          [(A) the total number of Northeast multispecies 
        permits in each permit category and calculates the 
        maximum potential fishing capacity of vessels holding 
        such permits based on the principal gear, gross 
        registered tonnage, engine horsepower, length, age, and 
        other relevant characteristics;
          [(B) the total number of days at sea available to the 
        permitted Northeast multispecies fishing fleet and the 
        total days at sea weighted by the maximum potential 
        fishing capacity of the fleet;
          [(C) an analysis of the extent to which the weighted 
        days at sea are used by the active participants in the 
        fishery and of the reduction in such days as a result 
        of the fishing capacity reduction program; and
          [(D) an estimate of conservation benefits (such as 
        reduction in fishing mortality) directly attributable 
        to the fishing capacity reduction program.]

           *       *       *       *       *       *       *


MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

           *       *       *       *       *       *       *


                        [16 U.S.C. 1801 et seq.]

SEC. 202. INTERNATIONAL FISHERY AGREEMENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Bycatch Reduction Agreements.--
          (1) The Secretary of State, in cooperation with the 
        Secretary, shall seek to secure an international 
        agreement to establish standards and measures for 
        bycatch reduction that are comparable to the standards 
        and measures applicable to United States fishermen for 
        such purposes in any fishery regulated pursuant to this 
        Act for which the Secretary, in consultation with the 
        Secretary of State, determines that such an 
        international agreement is necessary and appropriate.
          (2) An international agreement negotiated under this 
        subsection shall be--
                  (A) consistent with the policies and purposes 
                of this Act; and
                  (B) subject to approval by Congress under 
                section 203.
          [(3) Not later than January 1, 1997, and annually 
        thereafter, the Secretary, in consultation with the 
        Secretary of State, shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Resources of the House of 
        Representatives a report describing actions taken under 
        this subsection.]

SEC. 203. * * *

SEC. 204. * * *

SEC. 205. * * *

SEC. 206. LARGE-SCALE DRIFTNET FISHING.

  (a) * * *

           *       *       *       *       *       *       *

  [(e) Report.--Not later than January 1, 1991, and every year 
thereafter until the purposes of this section are met, the 
Secretary, after consultation with the Secretary of State and 
the Secretary of the department in which the Coast Guard is 
operating, shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Merchant 
Marine and Fisheries of the House of Representatives a report--
          [(1) describing the steps taken to carry out the 
        provisions of this section, particularly subsection 
        (c);
          [(2) evaluating the progress of those efforts, the 
        impacts on living marine resources, including available 
        observer data, and specifying plans for further action;
          [(3) containing 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
          [(4) containing 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.
  [(f) Certification.--If at any time the Secretary, in 
consultation with the 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 (e)(4), 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)).]
  [(g)] (e) Effect on Sovereign Rights.--This section shall not 
serve or be construed to expand or diminish the sovereign 
rights of the United States, as stated by Presidential 
Proclamation Numbered 5030, dated March 10, 1983, and reflected 
in this Act or other existing law.
  [(h)] (f) Definition.--As used in this section, the term 
``living marine resources'' includes fish, marine mammals, sea 
turtles, and seabirds and other waterfowl.

           *       *       *       *       *       *       *


                          [16 U.S.C. 1861a(a)]

SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.

  [(a) Fisheries Disaster Relief.--(1) At the discretion of the 
Secretary or at the request of the Governor of an affected 
State or a fishing community, the Secretary shall determine 
whether there is a commercial fishery failure due to a fishery 
resource disaster as a result of--
          [(A) natural causes;
          [(B) man-made causes beyond the control of fishery 
        managers to mitigate through conservation and 
        management measures, including regulatory restrictions 
        (including those imposed as a result of judicial 
        action) imposed to protect human health or the marine 
        environment; or
          [(C) undetermined causes.
  [(2) Upon the determination under paragraph (1) that there is 
a commercial fishery failure, the Secretary is authorized to 
make sums available to be used by the affected State, fishing 
community, or by the Secretary in cooperation with the affected 
State or fishing community for assessing the economic and 
social effects of the commercial fishery failure, or any 
activity that the Secretary determines is appropriate to 
restore the fishery or prevent a similar failure in the future 
and to assist a fishing community affected by such failure. 
Before making funds available for an activity authorized under 
this section, the Secretary shall make a determination that 
such activity will not expand the size or scope of the 
commercial fishery failure in that fishery or into other 
fisheries or other geographic regions.
  [(3) 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.
  [(4) There are authorized to be appropriated to the Secretary 
such sums as are necessary for each of the fiscal years 2007 
through 2013.]
  (a) Fishery Resource Disaster Relief.--
          (1) Definitions.--In this subsection:
                  (A) Allowable cause.--The term ``allowable 
                cause'' means a natural cause, discrete 
                anthropogenic cause, or undetermined cause.
                  (B) Anthropogenic cause.--The term 
                ``anthropogenic cause'' means an anthropogenic 
                event, such as an oil spill or spillway 
                opening--
                          (i) that could not have been 
                        addressed or prevented by fishery 
                        management measures; and
                          (ii) that is otherwise beyond the 
                        control of fishery managers to mitigate 
                        through conservation and management 
                        measures, including regulatory 
                        restrictions imposed as a result of 
                        judicial action or to protect human 
                        health or marine animals, plants, or 
                        habitats.
                  (C) Fishery resource disaster.--The term 
                ``fishery resource disaster'' means a disaster 
                that is determined by the Secretary in 
                accordance with this subsection and--
                          (i) is an unexpected decrease in fish 
                        stock biomass or other change that 
                        results in significant loss of access 
                        to the fishery resource, which may 
                        include loss of fishing vessels and 
                        gear for a substantial period of time 
                        and results in significant revenue or 
                        subsistence loss due to an allowable 
                        cause; and
                          (ii) does not include--
                                  (I) reasonably predictable, 
                                foreseeable, and recurrent 
                                fishery cyclical variations in 
                                species distribution or stock 
                                abundance; or
                                  (II) reductions in fishing 
                                opportunities resulting from 
                                conservation and management 
                                measures taken pursuant to this 
                                Act.
                  (D) Indian tribe.--The term ``Indian Tribe'' 
                has the meaning given such term in section 102 
                of the Federally Recognized Indian Tribe List 
                Act of 1994 (25 U.S.C. 5130), and the term 
                ``Tribal'' means of or pertaining to such an 
                Indian tribe.
                  (E) Natural cause.--The term ``natural 
                cause''--
                          (i) means a weather, climatic, 
                        hazard, or biology-related event, such 
                        as--
                                  (I) a hurricane;
                                  (II) a flood;
                                  (III) a harmful algal bloom;
                                  (IV) a tsunami;
                                  (V) a hypoxic zone;
                                  (VI) a drought;
                                  (VII) El Nino effects on 
                                water temperature;
                                  (VIII) a marine heat wave; or
                                  (IX) disease; and
                          (ii) does not mean a normal or 
                        cyclical variation in a species 
                        distribution or stock abundance.
                  (F) 12-month revenue loss.--The term ``12-
                month revenue loss'' means the percentage 
                reduction in commercial, charter, headboat, and 
                processor revenue for the 12 months during the 
                fishery resource disaster period that is due to 
                the fishery resource disaster, when compared to 
                average annual revenue in the most recent 5-
                year period or equivalent for stocks with 
                cyclical life histories.
                  (G) Undetermined cause.--The term 
                ``undetermined cause'' means a cause in which 
                the current state of knowledge does not allow 
                the Secretary to identify the exact cause, and 
                there is no current conclusive evidence 
                supporting a possible cause of the fishery 
                resource disaster.
          (2) General authority.--
                  (A) In general.--The Secretary shall have the 
                authority to determine the existence, extent, 
                and beginning and end dates of a fishery 
                resource disaster under this subsection in 
                accordance with this subsection.
                  (B) Availability of funds.--After the 
                Secretary determines that a fishery resource 
                disaster has occurred, the Secretary is 
                authorized to make sums available, from funds 
                appropriated under paragraph (9) that are 
                available, to be used by the affected State, 
                Tribal government, or interstate marine 
                fisheries commission, or by the Secretary in 
                cooperation with the affected State, Tribal 
                government, or interstate marine fisheries 
                commission.
                  (C) Savings clause.--The requirements under 
                this subsection shall take effect only with 
                respect to requests for a fishery resource 
                disaster determination submitted after the date 
                of enactment of the Fishery Failures: Urgently 
                Needed Disaster Declarations Act.
          (3) Initiation of a fishery resource disaster 
        review.--
                  (A) Eligible requesters.--Not later than 1 
                year after the date of the conclusion of the 
                fishing season, a request for a fishery 
                resource disaster determination may be 
                submitted to the Secretary, if the Secretary 
                has not independently determined that a fishery 
                resource disaster has occurred, by--
                          (i) the Governor of an affected 
                        State;
                          (ii) an official Tribal resolution; 
                        or
                          (iii) any other comparable elected or 
                        politically appointed representative as 
                        determined by the Secretary.
                  (B) Required information.--A complete request 
                for a fishery resource disaster determination 
                under subparagraph (A) shall include--
                          (i) identification of all presumed 
                        affected fish stocks;
                          (ii) identification of the fishery as 
                        Federal, non-Federal, or both;
                          (iii) the geographical boundaries of 
                        the fishery;
                          (iv) preliminary information on 
                        causes of the fishery resource 
                        disaster, if known; and
                          (v) information needed to support a 
                        finding of a fishery resource disaster, 
                        including--
                                  (I) information demonstrating 
                                the occurrence of an unexpected 
                                decrease in fish stock biomass 
                                or other change that results in 
                                significant loss of access to 
                                the fishery resource, which 
                                could include the loss of 
                                fishing vessels and gear, for a 
                                substantial period of time;
                                  (II) 12-month revenue loss or 
                                subsistence loss for the 
                                affected Federal fishery, or if 
                                a fishery resource disaster has 
                                occurred at any time in the 
                                previous 5-year period, an 
                                appropriate time frame as 
                                determined by the Secretary;
                                  (III) if applicable, 
                                information on lost resource 
                                tax revenues assessed by local 
                                communities, such as a raw fish 
                                tax; and
                                  (IV) if applicable, 
                                information on 12-month revenue 
                                loss for processors related to 
                                the information provided under 
                                subclause (I), subject to 
                                section 402(b).
                  (C) Assistance.--The Secretary may provide 
                assistance, data, and analysis to an eligible 
                requester described in paragraph (1), if so 
                requested and the data is not available to the 
                requester, in carrying out the complete request 
                under subparagraph (A).
          (4) Review process.--
                  (A) Interim response.--Not later than 20 days 
                after receipt of a request under paragraph (3), 
                the Secretary shall provide an interim response 
                to the individual that--
                          (i) acknowledges receipt of the 
                        request;
                          (ii) provides a regional contact 
                        within the National Oceanographic and 
                        Atmospheric Administration;
                          (iii) outlines the process and 
                        timeline by which a request shall be 
                        considered; and
                          (iv) requests additional information 
                        concerning the fishery resource 
                        disaster, if the original request is 
                        considered incomplete.
                  (B) Evaluation of requests.--
                          (i) In general.--The Secretary shall 
                        complete a review, within the time 
                        frame described in clause (ii), using 
                        the best scientific information 
                        available, in consultation with the 
                        affected fishing communities, States, 
                        or Tribes, of--
                                  (I) the information provided 
                                by the requester and any 
                                additional information relevant 
                                to the fishery, which may 
                                include--
                                          (aa) fishery 
                                        characteristics;
                                          (bb) stock 
                                        assessments;
                                          (cc) the most recent 
                                        fishery independent 
                                        surveys and other 
                                        fishery resource 
                                        assessments and surveys 
                                        conducted by Federal, 
                                        State, or Tribal 
                                        officials;
                                          (dd) estimates of 
                                        mortality; and
                                          (ee) overall effects; 
                                        and
                                  (II) the available economic 
                                information, which may include 
                                an analysis of--
                                          (aa) landings data;
                                          (bb) revenue;
                                          (cc) the number of 
                                        participants involved;
                                          (dd) the number and 
                                        type of jobs and 
                                        persons impacted, which 
                                        may include--
                                                  (AA) fishers;
                                                  (BB) charter 
                                                fishing 
                                                operators;
                                                  (CC) 
                                                subsistence 
                                                users;
                                                  (DD) United 
                                                States fish 
                                                processors; and
                                                  (EE) an owner 
                                                of a related 
                                                fishery 
                                                infrastructure 
                                                or business 
                                                affected by the 
                                                disaster, such 
                                                as a marina 
                                                operator, 
                                                recreational 
                                                fishing 
                                                equipment 
                                                retailer, or 
                                                charter, 
                                                headboat, or 
                                                tender vessel 
                                                owner, 
                                                operator, or 
                                                crew;
                                          (ee) an impacted 
                                        Indian Tribe;
                                          (ff) an impacted 
                                        business or other 
                                        entity;
                                          (gg) the availability 
                                        of hazard insurance to 
                                        address financial 
                                        losses due to a 
                                        disaster;
                                          (hh) other forms of 
                                        disaster assistance 
                                        made available to the 
                                        fishery, including 
                                        prior awards of 
                                        disaster assistance for 
                                        the same event;
                                          (ii) the length of 
                                        time the resource, or 
                                        access to the resource, 
                                        has been restricted;
                                          (jj) status of 
                                        recovery from previous 
                                        fishery resource 
                                        disasters;
                                          (kk) lost resource 
                                        tax revenues assessed 
                                        by local communities, 
                                        such as a raw fish tax; 
                                        and
                                          (ll) other 
                                        appropriate indicators 
                                        to an affected fishery, 
                                        as determined by the 
                                        National Marine 
                                        Fisheries Service.
                          (ii) Time frame.--The Secretary shall 
                        complete the review described in clause 
                        (i), if the fishing season, applicable 
                        to the fishery--
                                  (I) has concluded or there is 
                                no defined fishing season 
                                applicable to the fishery, not 
                                later than 120 days after the 
                                Secretary receives a complete 
                                request for a fishery resource 
                                disaster determination;
                                  (II) has not concluded, not 
                                later than 120 days after the 
                                conclusion of the fishing 
                                season; or
                                  (III) has not been opened, 
                                not later than 120 days after 
                                the Secretary receives a 
                                complete request for a fishery 
                                resource disaster 
                                determination.
                  (C) Fishery resource disaster 
                determination.--The Secretary shall make the 
                determination of a fishery resource disaster 
                based on the criteria for determinations listed 
                in paragraph (5).
                  (D) Notification.--Not later than 14 days 
                after the conclusion of the review under this 
                paragraph, the Secretary shall notify the 
                requester and the Governor of the affected 
                State or Tribal representative of the 
                determination of the Secretary.
          (5) Criteria for determinations.--
                  (A) In general.--The Secretary shall make a 
                determination about whether a fishery resource 
                disaster has occurred, based on the revenue 
                loss thresholds under subparagraph (B), and, if 
                a fishery resource disaster has occurred, 
                whether the fishery resource disaster was due 
                to--
                          (i) a natural cause;
                          (ii) an anthropogenic cause;
                          (iii) a combination of a natural 
                        cause and an anthropogenic cause; or
                          (iv) an undetermined cause.
                  (B) Revenue loss thresholds.--
                          (i) In general.--The Secretary shall 
                        apply the following 12-month revenue 
                        loss thresholds in determining whether 
                        a fishery resource disaster has 
                        occurred:
                                  (I) Losses greater than 80 
                                percent shall result in a 
                                positive determination that a 
                                fishery resource disaster has 
                                occurred.
                                  (II) Losses between 35 
                                percent and 80 percent shall be 
                                evaluated to determine whether 
                                a fishery resource disaster has 
                                occurred, based on the 
                                information provided or 
                                analyzed under paragraph 
                                (4)(B).
                                  (III) Losses less than 35 
                                percent shall not be eligible 
                                for a determination that a 
                                fishery resource disaster has 
                                occurred, except where the 
                                Secretary determines there are 
                                extenuating circumstances that 
                                justify using a lower threshold 
                                in making the determination.
                          (ii) Charter fishing.--In making a 
                        determination of whether a fishery 
                        resource disaster has occurred, the 
                        Secretary shall consider the economic 
                        impacts to the charter fishing industry 
                        to ensure financial coverage for 
                        charter fishing businesses.
                          (iii) Subsistence uses.--In making a 
                        determination of whether a fishery 
                        resource disaster has occurred, the 
                        Secretary may consider loss of 
                        subsistence opportunity, where 
                        appropriate.
                  (C) Ineligible fisheries.--A fishery subject 
                to overfishing in any of the 3 years preceding 
                the date of a determination under this 
                subsection is not eligible for a determination 
                of whether a fishery resource disaster has 
                occurred unless the Secretary determines that 
                overfishing was not a contributing factor to 
                the fishery resource disaster.
                  (D) Exceptional circumstances.--In an 
                exceptional circumstance where substantial 
                economic impacts to the affected fishery and 
                fishing community have been subject to a 
                disaster declaration under another statutory 
                authority, such as in the case of a natural 
                disaster or from the direct consequences of a 
                Federal action taken to prevent, or in response 
                to, a natural disaster for purposes of 
                protecting life and safety, the Secretary may 
                determine a fishery resource disaster has 
                occurred without a request or without 
                conducting the required analyses in 
                subparagraphs (A) and (B).
          (6) Disbursal of appropriated funds.--
                  (A) Authorization.--The Secretary shall 
                allocate funds available under paragraph (9) 
                for fishery resource disasters.
                  (B) Allocation of appropriated fishery 
                resource disaster assistance.--
                          (i) Notification of funding 
                        availability.--When there are 
                        appropriated funds for 1 or more 
                        fishery resource disasters, the 
                        Secretary shall notify the public and 
                        representatives of affected fishing 
                        communities with a positive disaster 
                        determination that is unfunded of the 
                        allocation under paragraph (2)(B) not 
                        more than 14 days after the date of the 
                        appropriation or the determination of a 
                        fishery resource disaster, whichever 
                        occurs later.
                          (ii) Extension of deadline.--The 
                        Secretary may extend the deadline under 
                        clause (i) by 90 days to evaluate and 
                        make determinations on eligible 
                        requests.
                  (C) Considerations.--In determining the 
                allocation of appropriations for a fishery 
                resource disaster, the Secretary shall consider 
                commercial, charter, headboat, or seafood 
                processing revenue losses and may consider the 
                following factors:
                          (i) Direct economic impacts.
                          (ii) Uninsured losses.
                          (iii) Losses of subsistence and 
                        Tribal ceremonial fishing opportunity.
                          (iv) Losses of recreational fishing 
                        opportunity.
                          (v) Aquaculture operations revenue 
                        loss.
                          (vi) Direct revenue losses to a 
                        fishing community.
                          (vii) Treaty obligations.
                          (viii) Other economic impacts.
                  (D) Spend plans.--To receive an allocation 
                from funds available under paragraph (9), a 
                requester with an affirmative fishery resource 
                disaster determination shall submit a spend 
                plan to the Secretary, not more than 120 days 
                after receiving notification that funds are 
                available, that shall include the following 
                information, if applicable:
                          (i) Objectives and outcomes, with an 
                        emphasis on addressing the factors 
                        contributing to the fishery resource 
                        disaster and minimizing future 
                        uninsured losses, if applicable.
                          (ii) Statement of work.
                          (iii) Budget details.
                  (E) Regional contact.--The Secretary shall 
                provide a regional contact within the National 
                Oceanic and Atmospheric Administration to 
                facilitate review of spend plans and disbursal 
                of funds.
                  (F) Disbursal of funds.--
                          (i) Availability.--Funds shall be 
                        disbursed not later than 90 days after 
                        the date the Secretary receives a 
                        complete spend plan under subparagraph 
                        (D).
                          (ii) Method.--The Secretary may 
                        provide an allocation of funds under 
                        this subsection in the form of a grant, 
                        direct payment, cooperative agreement, 
                        loan, or contract.
                          (iii) Eligible uses.--
                                  (I) In general.--Funds 
                                allocated for fishery resources 
                                disasters under this subsection 
                                shall prioritize the following 
                                uses, which are not in order of 
                                priority:
                                          (aa) Habitat 
                                        conservation and 
                                        restoration and other 
                                        activities, including 
                                        scientific research, 
                                        that reduce adverse 
                                        impacts to the fishery 
                                        or improve 
                                        understanding of the 
                                        affected species or its 
                                        ecosystem.
                                          (bb) The collection 
                                        of fishery information 
                                        and other activities 
                                        that improve management 
                                        of the affected 
                                        fishery.
                                          (cc) In a commercial 
                                        fishery, capacity 
                                        reduction and other 
                                        activities that improve 
                                        management of fishing 
                                        effort, including funds 
                                        to offset budgetary 
                                        costs to refinance a 
                                        Federal fishing 
                                        capacity reduction loan 
                                        or to repay the 
                                        principal of a Federal 
                                        fishing capacity 
                                        reduction loan.
                                          (dd) Developing, 
                                        repairing, or improving 
                                        fishery-related public 
                                        infrastructure.
                                          (ee) Job training and 
                                        economic transition 
                                        programs.
                                          (ff) Public 
                                        information campaigns 
                                        on the recovery of the 
                                        fishery, including 
                                        marketing.
                                          (gg) For any purpose 
                                        that the Secretary 
                                        determines is 
                                        appropriate to restore 
                                        the fishery affected by 
                                        such a disaster or to 
                                        prevent a similar 
                                        disaster in the future.
                                          (hh) Direct 
                                        assistance to a person, 
                                        fishing community 
                                        (including assistance 
                                        for lost fisheries 
                                        resource levies), or a 
                                        business to alleviate 
                                        economic loss incurred 
                                        as a direct result of a 
                                        fishery resource 
                                        disaster, particularly 
                                        when affected by a 
                                        circumstance described 
                                        in paragraph (5)(D).
                                          (ii) Appropriate 
                                        economic and other 
                                        incentives to encourage 
                                        commercial fishermen to 
                                        return to the fishery 
                                        once it has recovered 
                                        from the disaster.
                                          (jj) Hatcheries and 
                                        stock enhancement to 
                                        help rebuild the 
                                        affected stock or 
                                        offset fishing pressure 
                                        on the affected stock.
                                          (kk) Other activities 
                                        that recover or improve 
                                        management of the 
                                        affected fishery, as 
                                        determined by the 
                                        Secretary.
                                  (II) Displaced fishery 
                                employees.--Where appropriate, 
                                individuals carrying out the 
                                activities described in items 
                                (aa) through (ff) of subclause 
                                (I) shall be individuals who 
                                are, or were, employed in a 
                                commercial, charter, or Tribal 
                                fishery for which the Secretary 
                                has determined that a fishery 
                                resource disaster has occurred.
          (7) Limitations.--
                  (A) Federal share.--
                          (i) In general.--Except as applied to 
                        Tribes and as provided in clauses (ii) 
                        and (iii), the Federal share of the 
                        cost of any activity carried out under 
                        the authority of this subsection shall 
                        not exceed 75 percent of the cost of 
                        that activity.
                          (ii) Waiver.--The Secretary may waive 
                        the non-Federal share requirements of 
                        this subsection, if the Secretary 
                        determines that--
                                  (I) no reasonable means are 
                                available through which the 
                                recipient of the Federal share 
                                can meet the non-Federal share 
                                requirement; and
                                  (II) the probable benefit of 
                                100 percent Federal financing 
                                outweighs the public interest 
                                in imposition of the non-
                                Federal share requirement.
                          (iii) Exception.--The Federal share 
                        of direct assistance as described in 
                        paragraph (6)(F)(iii)(I)(hh) shall be 
                        equal to 100 percent.
                  (B) Limitations on administrative expenses.--
                          (i) Federal.--Not more than 3 percent 
                        of the funds available under this 
                        subsection may be used for 
                        administrative expenses by the National 
                        Oceanographic and Atmospheric 
                        Administration.
                          (ii) State or tribal governments.--Of 
                        the funds remaining after the use 
                        described in clause (i), not more than 
                        5 percent may be used by States, Tribal 
                        governments, or interstate marine 
                        fisheries commissions for 
                        administrative expenses.
                  (C) Fishing capacity reduction program.--
                          (i) In general.--No funds available 
                        under this subsection may be used as 
                        part of a fishing capacity reduction 
                        program in a fishery unless the 
                        Secretary determines that adequate 
                        conservation and management measures 
                        are in place in such fishery.
                          (ii) Assistance conditions.--As a 
                        condition of providing assistance under 
                        this subsection with respect to a 
                        vessel under a fishing capacity 
                        reduction program, the Secretary 
                        shall--
                                  (I) prohibit the vessel from 
                                being used for fishing; and
                                  (II) require that the vessel 
                                be--
                                          (aa) scrapped or 
                                        otherwise disposed of 
                                        in a manner approved by 
                                        the Secretary;
                                          (bb) donated to a 
                                        nonprofit organization 
                                        and thereafter used 
                                        only for purposes of 
                                        research, education, or 
                                        training; or
                                          (cc) used for another 
                                        non-fishing purpose 
                                        provided the Secretary 
                                        determines that 
                                        adequate measures are 
                                        in place to ensure that 
                                        the vessel cannot 
                                        reenter any fishery 
                                        anywhere in the world.
                  (D) No fishery endorsement.--
                          (i) In general.--A vessel that is 
                        prohibited from fishing under 
                        subparagraph (C)(ii)(I) shall not be 
                        eligible for a fishery endorsement 
                        under section 12113(a) of title 46, 
                        United States Code.
                          (ii) Noneffective.--A fishery 
                        endorsement for a vessel described in 
                        clause (i) shall not be effective.
                          (iii) No sale.--A vessel described in 
                        clause (i) shall not be sold to a 
                        foreign owner or reflagged.
          (8) Public information on data collection.--The 
        Secretary shall make available and update as 
        appropriate, information on data collection and 
        submittal best practices for the information described 
        in paragraph (4)(B).
          (9) Authorization of appropriations.--
                  (A) Authorization.--There are authorized to 
                be appropriated to carry out this subsection 
                such sums as may be necessary.
                  (B) Availability of funds.--Amounts 
                appropriated under this subsection shall remain 
                available until expended.
                  (C) Tax exempt status.--The Fisheries 
                Disaster Fund appropriated under this 
                subsection shall be a tax exempt fund.

           *       *       *       *       *       *       *


                            [16 U.S.C. 1864]

[SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND 
                    RECOVERY PROGRAM.

  [(a) In General.--When there is a catastrophic regional 
fishery disaster the Secretary may, upon the request of, and in 
consultation with, the Governors of affected States, establish 
a regional economic transition program to provide immediate 
disaster relief assistance to the fishermen, charter fishing 
operators, United States fish processors, and owners of related 
fishery infrastructure affected by the disaster.
  [(b) Program Components.--
          [(1) In general.--Subject to the availability of 
        appropriations, the program shall provide funds or 
        other economic assistance to affected entities, or to 
        governmental entities for disbursement to affected 
        entities, for--
                  [(A) meeting immediate regional shoreside 
                fishery infrastructure needs, including 
                processing facilities, cold storage facilities, 
                ice houses, docks, including temporary docks 
                and storage facilities, and other related 
                shoreside fishery support facilities and 
                infrastructure while ensuring that those 
                projects will not result in an increase or 
                replacement of fishing capacity;
                  [(B) financial assistance and job training 
                assistance for fishermen who wish to remain in 
                a fishery in the region that may be temporarily 
                closed as a result of environmental or other 
                effects associated with the disaster;
                  [(C) funding, pursuant to the requirements of 
                section 312(b), to fishermen who are willing to 
                scrap a fishing vessel and permanently 
                surrender permits for fisheries named on that 
                vessel; and
                  [(D) any other activities authorized under 
                section 312 of this Act or section 308(d) of 
                the Interjurisdictional Fisheries Act of 1986 
                (16 U.S.C. 4107(d)).
          [(2) Job training.--Any fisherman who decides to 
        scrap a fishing vessel under the program shall be 
        eligible for job training assistance.
          [(3) State participation obligation.--The 
        participation by a State in the program shall be 
        conditioned upon a commitment by the appropriate State 
        entity to ensure that the relevant State fishery meets 
        the requirements of section 312(b) of this Act to 
        ensure excess capacity does not re-enter the fishery.
          [(4) No matching required.--The Secretary may waive 
        the matching requirements of section 312 of this Act, 
        section 308 of the Interjurisdictional Fisheries Act of 
        1986 (16 U.S.C. 4107), and any other provision of law 
        under which the Federal share of the cost of any 
        activity is limited to less than 100 percent if the 
        Secretary determines that--
                  [(A) no reasonable means are available 
                through which applicants can meet the matching 
                requirement; and
                  [(B) the probable benefit of 100 percent 
                Federal financing outweighs the public interest 
                in imposition of the matching requirement.
          [(5) Net revenue limit inapplicable.--Section 
        308(d)(3) of the Interjurisdictional Fisheries Act (16 
        U.S.C. 4107(d)(3)) shall not apply to assistance under 
        this section.
  [(c) Regional Impact Evaluation.--Within 2 months after a 
catastrophic regional fishery disaster the Secretary shall 
provide the Governor of each State participating in the program 
a comprehensive economic and socio-economic evaluation of the 
affected region's fisheries to assist the Governor in assessing 
the current and future economic viability of affected 
fisheries, including the economic impact of foreign fish 
imports and the direct, indirect, or environmental impact of 
the disaster on the fishery and coastal communities.
  [(d) Catastrophic Regional Fishery Disaster Defined.--In this 
section the term ``catastrophic regional fishery disaster'' 
means a natural disaster, including a hurricane or tsunami, or 
a regulatory closure (including regulatory closures resulting 
from judicial action) to protect human health or the marine 
environment, that--
          [(1) results in economic losses to coastal or fishing 
        communities;
          [(2) affects more than 1 State or a major fishery 
        managed by a Council or interstate fishery commission; 
        and
          [(3) is determined by the Secretary to be a 
        commercial fishery failure under section 312(a) of this 
        Act or a fishery resource disaster or section 308(d) of 
        the Interjurisdictional Fisheries Act of 1986 (16 
        U.S.C. 4107(d)).]

           *       *       *       *       *       *       *


 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION 
                              ACT OF 2006

                [16 U.S.C. 460ss note; Pub. L. 109-479]

SEC. 113. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND 
                    RECOVERY PROGRAM.

  (a) * * *
  (b) Salmon Plan and Study.--
          (1) * * *
          (2) [Annual report] Report.--[Not later than 2 years 
        after the date of enactment of this Act, and annually 
        thereafter] Not later than 2 years after the date of 
        enactment of the Fishery Failures: Urgently Needed 
        Disaster Declarations Act, and biennially thereafter, 
        the Secretary of Commerce shall submit a report to the 
        Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives 
        Committee on Resources on--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) the actions taken by the Secretary to 
                address [the calendar year 2003] the most 
                recent National Research Council 
                recommendations regarding monitoring and 
                research on Klamath River Basin salmon stocks.

           *       *       *       *       *       *       *


                           SMALL BUSINESS ACT

                         [15 U.S.C. 632(k)(1)]

SEC. 3. DEFINITIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (k)(1) For the purposes of this Act, the term ``disaster'' 
means a sudden event which causes severe damage including, but 
not limited to, floods, hurricanes, tornadoes, earthquakes, 
fires, explosions, volcanoes, windstorms, landslides or 
mudslides, tidal waves, commercial fishery failures or fishery 
resource disasters [(as determined by the Secretary of Commerce 
under section 308(b) of the Interjurisdictional Fisheries Act 
of 1986)] (as determined by the Secretary of Commerce under the 
Fishery Failures: Urgently Needed Disaster Declarations Act), 
ocean conditions resulting in the closure of customary fishing 
waters, riots, civil disorders or other catastrophes, except it 
does not include economic dislocations.

           *       *       *       *       *       *       *