II 

Calendar No. 586 

116TH CONGRESS 

2D SESSION S. 2346 

[Report No. 116–293] 

To improve the Fishery Resource Disaster Relief program of the National 

Marine Fisheries Service, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2019 

Mr. WICKER (for himself, Ms. CANTWELL, Mr. SULLIVAN, Ms. MURKOWSKI, 

and Mr. CASSIDY) introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 16, 2020 

Reported by Mr. WICKER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To improve the Fishery Resource Disaster Relief program 

of the National Marine Fisheries Service, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fishery Failures: Ur5 gently Needed Disaster Declarations Act’’. 


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1 SEC. 2. FISHERY RESOURCE DISASTER RELIEF. 

2 (a) DEFINITIONS.—In this Act: 

3 (1) ALLOWABLE CAUSE.—The term ‘‘allowable 

4 cause’’ means a natural cause, man-made cause, or 

5 undetermined cause. 

6 (2) FISHERY.—The term ‘‘fishery’’ has the 

7 meaning given the term in section 3(13) of the Mag8 nuson-Stevens Fishery Conservation and Manage9 ment Act (16 U.S.C. 1802(13)). 

10 (3) FISHERY RESOURCE DISASTER.—The term 

11 ‘‘fishery resource disaster’’ means a disaster that is 

12 determined by the Secretary in accordance with this 

13 Act and— 

14 (A) is a sudden, unexpected, and large de15 crease in fish stock biomass or other change 

16 that results in significant loss of access to the 

17 fishery resource, which may include loss of fish18 ing vessels and gear for a substantial period of 

19 time that results in revenue or subsistence loss 

20 and is due to an allowable cause; and 

21 (B) does not include reasonably predict22 able, foreseeable, and recurrent fishery resource 

23 cycle of variations in species distribution or 

24 stock abundance. 

25 (4) FISHING COMMUNITY.—The term ‘‘fishing 

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1 tially dependent on, or substantially engaged in, the 

2 harvest or processing of fishery resources to meet 

3 social and economic needs, and includes fishing ves4 sel owners, operators, crew, aquaculture operators, 

5 and United States fish processors that are based in 

6 such community. 

7 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

8 has the meaning given such term in section 102 of 

9 the Federally Recognized Indian Tribe List Act of 

10 1994 (25 U.S.C. 5130), and the term ‘‘tribal’’ 

11 means of or pertaining to such an Indian tribe. 

12 (6) MAN-MADE CAUSE.—The term ‘‘man-made 

13 cause’’ means— 

14 (A) a discrete anthropogenic event, such as 

15 an oil spill or spillway opening, that could not 

16 have been addressed or prevented by fishery 

17 management measures; and 

18 (B) that is otherwise beyond the control of 

19 fishery managers to mitigate through conserva20 tion and management measures, including regu21 latory restrictions imposed as a result of judi22 cial action or to protect human health or ma23 rine animals, plants, or habitats. 

24 (7) NATURAL CAUSE.—The term ‘‘natural 

25 cause’’— 


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1 (A) means a weather or biology-related 

2 event, such as— 

3 (i) a hurricane; 

4 (ii) a flood; 

5 (iii) a drought; 

6 (iv) El Nin ̃o effects on water tempera7 ture; or 

8 (v) disease; and 

9 (B) does not mean a normal or cyclical 

10 variation in a species distribution or stock 

11 abundance. 

12 (8) OVERFISHING.—The term ‘‘overfishing’’ 

13 means a rate or level of fishing mortality that jeop14 ardizes the capacity of a fishery to produce the max15 imum sustainable yield on a continuing basis. 

16 (9) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Commerce. 

18 (10) 12-MONTH REVENUE LOSS.—The term 

19 ‘‘12-month revenue loss’’ means the percentage re20 duction in commercial, charter, and headboat rev21 enue for the 12 months during the fishery resource 

22 disaster period when compared to average annual 

23 revenue in the most recent 5-year period or equiva24 lent for stocks with cyclical life histories. 


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1 (11) UNDETERMINED CAUSE.—The term ‘‘un2 determined cause’’ means a cause in which the cur3 rent state of knowledge does not allow the Secretary 

4 to identify the exact cause, and there is no current 

5 conclusive evidence supporting a possible cause of 

6 the fishery resource disaster. 

7 (b) GENERAL AUTHORITY.— 

8 (1) IN GENERAL.—The Secretary shall have the 

9 authority to determine the existence, extent, and be10 ginning and end dates of a fishery resource disaster 

11 under this Act in accordance with this Act. 

12 (2) AVAILABILITY OF FUNDS.—After the Sec13 retary determines that a fishery resource disaster 

14 has occurred, the Secretary is authorized to make 

15 sums available, from funds appropriated under sub16 section (i) and from any supplemental appropria17 tions that are available, to be used by the affected 

18 State, tribal government, or interstate marine fish19 eries commission, or by the Secretary in cooperation 

20 with the affected State, tribal government, or inter21 state marine fisheries commission. 

22 (c) INITIATION OF A FISHERY RESOURCE DISASTER

23 REVIEW.— 

24 (1) ELIGIBLE REQUESTERS.—Not later than 1 

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1 source disaster, a request for a fishery resource dis2 aster determination may be submitted to the Sec3 retary, if the Secretary has not independently deter4 mined that a fishery resource disaster has occurred, 

5 by— 

6 (A) the Governor of an affected State; 

7 (B) an official tribal resolution; or 

8 (C) any other comparable elected or politi9 cally appointed representative as determined by 

10 the Secretary. 

11 (2) REQUIRED INFORMATION.—A complete re12 quest for a fishery resource disaster determination 

13 under paragraph (1) shall include— 

14 (A) identification of all presumed affected 

15 fish stocks; 

16 (B) identification of the fishery as Federal, 

17 non-Federal, or both; 

18 (C) the geographical boundaries of the 

19 fishery; 

20 (D) information on causes of the fishery 

21 resource disaster, if known; and 

22 (E) information needed to support a find23 ing of a fishery resource disaster, including— 

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1 crease in fish stock biomass or other 

2 change that results in significant loss of 

3 access to the fishery resource, which could 

4 include the loss of fishing vessels and gear, 

5 for a substantial period of time; and 

6 (ii) 12-month revenue loss for the af7 fected fishery, or if a fishery resource dis8 aster has occurred at any time in the pre9 vious 5-year period, an appropriate time 

10 frame as determined by the Secretary. 

11 (d) REVIEW PROCESS.— 

12 (1) INTERIM RESPONSE.—Not later than 10 

13 days after receipt of a request under subsection (c), 

14 the Secretary shall provide an interim response to 

15 the individual that— 

16 (A) acknowledges receipt of the request; 

17 (B) provides a regional contact within the 

18 National Oceanographic and Atmospheric Ad19 ministration; 

20 (C) outlines the process and timeline by 

21 which a request shall be considered; and 

22 (D) requests additional information con23 cerning the fishery resource disaster, if the 

24 original request is considered incomplete. 

25 (2) EVALUATION OF REQUESTS.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 complete a review, within the time frame de3 scribed in subparagraph (B), using the best sci4 entific information available, in consultation 

5 with the affected States, of— 

6 (i) the information provided by the re7 quester and any additional information rel8 evant to the fishery, which may include— 

9 (I) fishery characteristics; 

10 (II) stock assessments; 

11 (III) the most recent fishery 

12 independent surveys and other fishery 

13 resource assessments and surveys con14 ducted by Federal or State officials; 

15 (IV) estimates of mortality; and 

16 (V) overall effects; and 

17 (ii) the available economic informa18 tion, which may include an analysis of— 

19 (I) landings data; 

20 (II) revenue; 

21 (III) the number of participants 

22 involved; 

23 (IV) the number and type of jobs 

24 and persons impacted, which may in25 clude— 


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1 (aa) fishermen; 

2 (bb) charter fishing opera3 tors; 

4 (cc) subsistence users; 

5 (dd) United States fish proc6 essors; and 

7 (ee) an owner of a related 

8 fishery infrastructure or business 

9 affected by the disaster; 

10 (V) an impacted business, Tribe, 

11 or other entity; 

12 (VI) the availability of hazard in13 surance to address financial losses due 

14 to a disaster; 

15 (VII) other forms of disaster as16 sistance made available to the fishery, 

17 including prior awards of disaster as18 sistance; 

19 (VIII) the length of time the re20 source, or access to the resource, has 

21 been restricted; 

22 (IX) status of recovery from pre23 vious fishery resource disasters; and 

24 (X) other appropriate indicators 

25 to an affected fishery, as determined 


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1 by the National Marine Fisheries 

2 Service. 

3 (B) TIME FRAME.—The Secretary shall 

4 complete the review described in subparagraph 

5 (A), if the fishing season, applicable to the fish6 ery— 

7 (i) has concluded or there is no de8 fined fishing season applicable to the fish9 ery, not later than 120 days after the Sec10 retary receives a complete request for a 

11 fishery resource disaster determination; or 

12 (ii) has not concluded, not later than 

13 120 days after the conclusion of the fish14 ing season. 

15 (3) FISHERY RESOURCE DISASTER DETERMINA16 TION.—The Secretary shall make the determination 

17 of a fishery resource disaster based on the criteria 

18 for determinations listed in subsection (e). 

19 (4) NOTIFICATION.—Not later than 14 days 

20 after the conclusion of the review under this sub21 section, the Secretary shall notify the requestor and 

22 the Governor of the affected State or tribal rep23 resentative of the determination of the Secretary. 

24 (e) CRITERIA FOR DETERMINATIONS.— 


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1 (1) IN GENERAL.—The Secretary shall make a 

2 determination about whether a fishery resource dis3 aster has occurred, based on the revenue loss thresh4 olds under paragraph (2), and, if a fishery resource 

5 disaster has occurred, whether the fishery resource 

6 disaster was due to— 

7 (A) a natural cause; 

8 (B) a man-made cause; or 

9 (C) an undetermined cause. 

10 (2) REVENUE LOSS THRESHOLDS.— 

11 (A) IN GENERAL.—The Secretary shall 

12 apply the following 12-month revenue loss 

13 thresholds in determining whether a fishery re14 source disaster has occurred: 

15 (i) Losses greater than 80 percent 

16 shall result in a positive determination that 

17 a fishery resource disaster has occurred. 

18 (ii) Losses between 35 percent and 80 

19 percent shall be evaluated to determine 

20 whether a fishery resource disaster has oc21 curred, based on the information provided 

22 or analyzed under subsection (d)(2). 

23 (iii) Losses less than 35 percent shall 

24 not be eligible for a determination that a 

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1 cept where the Secretary determines there 

2 are extenuating circumstances that justify 

3 using a lower threshold in making the de4 termination. 

5 (B) SUBSISTENCE USES AND AQUA6 CULTURE OPERATIONS.—In making a deter7 mination of whether a fishery resource disaster 

8 has occurred, the Secretary may consider rev9 enue loss from aquaculture operations and loss 

10 of subsistence opportunity, where appropriate. 

11 (3) INELIGIBLE FISHERIES.—A fishery subject 

12 to overfishing in any of the 3 years preceding the 

13 date of a determination under this section is not eli14 gible for a determination of whether a fishery re15 source disaster has occurred unless the Secretary de16 termines that overfishing was not a contributing fac17 tor to the fishery resource disaster. 

18 (4) EXCEPTIONAL CIRCUMSTANCES.—In an ex19 ceptional circumstance where substantial economic 

20 impacts to the affected fishery and fishing commu21 nity have been subject to a disaster declaration 

22 under another statutory authority, such as in the 

23 case of a natural disaster or from the direct con24 sequences of a Federal action taken to prevent, or 

25 in response to, a natural disaster for purposes of 


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1 protecting life and safety, the Secretary may deter2 mine a fishery resource disaster has occurred with3 out a request or without conducting the required 

4 analyses in paragraphs (1) and (2). 

5 (f) DISBURSAL OF APPROPRIATED FUNDS.— 

6 (1) AUTHORIZATION.—The Secretary shall allo7 cate funds available under subsection (i) for fishery 

8 resource disasters. 

9 (2) ALLOCATION OF APPROPRIATED FISHERY

10 RESOURCE DISASTER ASSISTANCE.— 

11 (A) NOTIFICATION OF FUNDING AVAIL12 ABILITY.—When there are appropriated funds 

13 for one or more fishery resource disasters, the 

14 Secretary shall notify the public and any fishery 

15 with a positive disaster determination that is 

16 unfunded of the allocation not more than 14 

17 days after the date of the appropriation or the 

18 determination of a fishery resource disaster, 

19 whichever occurs later. 

20 (B) EXTENSION OF DEADLINE.—The Sec21 retary may extend the deadline under subpara22 graph (A) by 90 days to evaluate and make de23 terminations on eligible requests. 

24 (3) CONSIDERATIONS.—In determining the allo25 cation of appropriations for more than 1 fishery reVerDate Sep 11 2014 23:48 Nov 16, 2020 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S2346.RS S2346

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1 source disaster, the Secretary shall consider com2 mercial and charter or headboat revenue losses and 

3 may consider the following factors: 

4 (A) Direct economic impacts. 

5 (B) Uninsured losses. 

6 (C) Losses of subsistence opportunity. 

7 (D) Aquaculture operations revenue loss. 

8 (E) Direct revenue losses to a fishing com9 munity. 

10 (F) Other economic impacts. 

11 (4) SPEND PLANS.—To receive an allocation 

12 from funds available under subsection (i), a re13 questor with an affirmative fishery resource disaster 

14 determination shall submit a spend plan to the Sec15 retary, not more than 180 days after receiving noti16 fication that funds are available, that shall include 

17 the following information, if applicable: 

18 (A) Objectives and outcomes, with an em19 phasis on addressing the factors contributing to 

20 the fishery resource disaster and minimizing fu21 ture uninsured losses, if applicable. 

22 (B) Statement of work. 

23 (C) Budget details. 

24 (5) DISBURSAL OF FUNDS.— 


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1 (A) AVAILABILITY.—Funds shall be avail2 able for disbursement not later than 90 days 

3 after the date the Secretary receives a complete 

4 spend plan under paragraph (4). 

5 (B) METHOD.—The Secretary may provide 

6 an allocation of funds under this section in the 

7 form of a grant, direct payment, cooperative 

8 agreement, loan, or contract. 

9 (C) ELIGIBLE USES.— 

10 (i) IN GENERAL.—Funds allocated for 

11 fishery resources disasters under this sec12 tion shall prioritize the following uses, 

13 which are not in order of priority: 

14 (I) Habitat conservation and res15 toration and other activities that re16 duce adverse impacts to the fishery. 

17 (II) The collection of fishery in18 formation and other activities that im19 prove management of the affected 

20 fishery. 

21 (III) Capacity reduction and 

22 other activities that improve manage23 ment of fishing effort. 


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1 (IV) Developing, repairing, or 

2 improving fishery-related public infra3 structure. 

4 (V) Job training and economic 

5 transition programs. 

6 (VI) Public information cam7 paigns on the recovery of the fishery, 

8 including marketing. 

9 (VII) For any purpose that the 

10 Secretary determines is appropriate to 

11 restore the fishery affected by such a 

12 disaster or to prevent a similar dis13 aster in the future. 

14 (VIII) Direct assistance to a per15 son, fishing community, or a business 

16 to alleviate economic loss incurred as 

17 a direct result of a fishery resource 

18 disaster, particularly when affected by 

19 a circumstance described in subsection 

20 (e)(4). 

21 (IX) Other activities that recover 

22 or improve management of the af23 fected fishery, as determined by the 

24 Secretary. 


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1 (ii) DISPLACED FISHERY EMPLOY2 EES.—Where appropriate, individuals car3 rying out the activities described in sub4 clauses (I) through (VI) of clause (i) shall 

5 be individuals who are, or were, employed 

6 in a fishery for which the Secretary has de7 termined that a fishery resource disaster 

8 has occurred. 

9 (g) LIMITATIONS.— 

10 (1) FEDERAL SHARE.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraphs (B) and (C), the Federal share 

13 of the cost of any activity carried out under the 

14 authority of this section shall not exceed 75 

15 percent of the cost of that activity. 

16 (B) WAIVER.—The Secretary may waive 

17 the non-Federal share requirements of this sec18 tion, if the Secretary determines that— 

19 (i) no reasonable means are available 

20 through which the recipient of the Federal 

21 share can meet the non-Federal share re22 quirement; and 

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1 lic interest in imposition of the non-Fed2 eral share requirement. 

3 (C) EXCEPTION.—The Federal share of di4 rect assistance as described in subsection 

5 (f)(5)(C)(i)(VIII) shall be equal to 100 percent. 

6 (2) LIMITATIONS ON ADMINISTRATIVE EX7 PENSES.— 

8 (A) FEDERAL.—Not more than 3 percent 

9 of the funds available under this section may be 

10 used for administrative expenses by the Na11 tional Oceanographic and Atmospheric Admin12 istration. 

13 (B) STATE OR TRIBAL GOVERNMENTS.—Of 

14 the funds remaining after the use described in 

15 subparagraph (B), not more than 5 percent 

16 may be used by States, tribal governments, or 

17 interstate marine fisheries commissions for ad18 ministrative expenses. 

19 (3) FISHING CAPACITY REDUCTION PRO20 GRAM.— 

21 (A) IN GENERAL.—No funds available 

22 under this section may be used as part of a 

23 fishing capacity reduction program in a fishery 

24 unless the Secretary determines that adequate 


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1 conservation and management measures are in 

2 place in such fishery. 

3 (B) ASSISTANCE CONDITIONS.—As a con4 dition of providing assistance under this section 

5 with respect to a vessel under a fishing capacity 

6 reduction program, the Secretary shall— 

7 (i) prohibit the vessel from being used 

8 for fishing; and 

9 (ii) require that the vessel be— 

10 (I) scrapped or otherwise dis11 posed of in a manner approved by the 

12 Secretary; 

13 (II) donated to a nonprofit orga14 nization and thereafter used only for 

15 purposes of research, education, or 

16 training; or 

17 (III) used for another non-fishing 

18 purpose provided the Secretary deter19 mines that adequate measures are in 

20 place to ensure that the vessel cannot 

21 reenter any fishery anywhere in the 

22 world. 

23 (4) NO FISHERY ENDORSEMENT.— 

24 (A) IN GENERAL.—A vessel that is prohib25 ited from fishing under paragraph (3)(B)(i) 


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1 shall not be eligible for a fishery endorsement 

2 under section 12113(a) of title 46, United 

3 States Code. 

4 (B) NONEFFECTIVE.—A fishery endorse5 ment for a vessel described in subparagraph (A) 

6 shall not be effective. 

7 (C) NO SALE.—A vessel described in sub8 paragraph (A) shall not sold to a foreign owner 

9 or reflagged. 

10 (5) DIRECT ASSISTANCE ELIGIBILITY.—Eligi11 bility for direct assistance under this section to a 

12 person or business shall be limited to a person or 

13 business that has less than $2,000,000 in net reve14 nues annually from commercial fishing, as deter15 mined by the Secretary. 

16 (h) PUBLIC INFORMATION ON DATA COLLECTION.— 

17 The Secretary shall make available and update as appro18 priate, information on data collection and submittal best 

19 practices for the information described in subsection 

20 (d)(2). 

21 (i) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) AUTHORIZATION.—There are authorized to 

23 be appropriated to carry out this section such sums 

24 as may be necessary. 


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1 (2) AVAILABILITY OF FUNDS.—Amounts appro2 priated under this section shall remain available 

3 until expended. 

4 (3) TAX EXEMPT STATUS.—The Fisheries Dis5 asters Fund appropriated under this Act shall be a 

6 tax exempt fund. 

7 (4) SUPPLEMENTAL APPROPRIATIONS.—The 

8 Secretary may use any supplemental appropriations 

9 that are available to carry out this section. 

10 SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND 

11 MANAGEMENT ACT. 

12 (a) IN GENERAL.—The Magnuson-Stevens Fishery 

13 Conservation and Management Act (16 U.S.C. 1801 et 

14 seq.) is amended— 

15 (1) in section 307(1)(R), by striking ‘‘section 

16 312(b)(2)’’ and inserting ‘‘section 312(a)(2)’’; and 

17 (2) in section 312— 

18 (A) by striking subsection (a); 

19 (B) by redesignating subsections (b) 

20 through (e) as subsections (a) through (d), re21 spectively; 

22 (C) in subsection (b), as redesignated by 

23 clause (ii)— 


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1 (i) in paragraph (1)(C), by striking 

2 ‘‘subsection (d)’’ and inserting ‘‘subsection 

3 (c)’’; and 

4 (ii) in paragraph (2), by striking 

5 ‘‘subsection (d)’’ and inserting ‘‘subsection 

6 (c)’’. 

7 (b) REPEAL.—Section 315 of the Magnuson-Stevens 

8 Fishery Conservation and Management Act (16 U.S.C. 

9 1864) is repealed. 

10 SEC. 4. INTERJURISDICTIONAL FISHERIES ACT OF 1986. 

11 (a) REPEAL.—Section 308 of the Interjurisdictional 

12 Fisheries Act of 1986 (16 U.S.C. 4107) is repealed. 

13 (b) TECHNICAL EDIT.—Section 3(k)(1) of the Small 

14 Business Act (15 U.S.C. 632(k)(1)) is amended by strik15 ing ‘‘(as determined by the Secretary of Commerce under 

16 section 308(b) of the Interjurisdictional Fisheries Act of 

17 1986)’’ and inserting ‘‘(as determined by the Secretary of 

18 Commerce under the Fishery Failures: Urgently Needed 

19 Disaster Declarations Act)’’. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Fishery Failures: Ur22 gently Needed Disaster Declarations Act’’. 


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1 SEC. 2. FISHERY RESOURCE DISASTER RELIEF. 

2 Section 312(a) of the Magnuson-Stevens Fishery Con3 servation and Management Act (16 U.S.C. 1861a(a)) is 

4 amended to read as follows: 

5 ‘‘(a) FISHERY RESOURCE DISASTER RELIEF.— 

6 ‘‘(1) DEFINITIONS.—In this subsection: 

7 ‘‘(A) ALLOWABLE CAUSE.—The term ‘allow8 able cause’ means a natural cause, discrete an9 thropogenic cause, or undetermined cause. 

10 ‘‘(B) ANTHROPOGENIC CAUSE.—The term 

11 ‘anthropogenic cause’ means an anthropogenic 

12 event, such as an oil spill or spillway opening— 

13 ‘‘(i) that could not have been addressed 

14 or prevented by fishery management meas15 ures; and 

16 ‘‘(ii) that is otherwise beyond the con17 trol of fishery managers to mitigate through 

18 conservation and management measures, in19 cluding regulatory restrictions imposed as a 

20 result of judicial action or to protect human 

21 health or marine animals, plants, or habi22 tats. 

23 ‘‘(C) FISHERY RESOURCE DISASTER.—The 

24 term ‘fishery resource disaster’ means a disaster 

25 that is determined by the Secretary in accord26 ance with this subsection and— 


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1 ‘‘(i) is an unexpected decrease in fish 

2 stock biomass or other change that results in 

3 significant loss of access to the fishery re4 source, which may include loss of fishing 

5 vessels and gear for a substantial period of 

6 time and results in significant revenue or 

7 subsistence loss due to an allowable cause; 

8 and 

9 ‘‘(ii) does not include— 

10 ‘‘(I) reasonably predictable, fore11 seeable, and recurrent fishery cyclical 

12 variations in species distribution or 

13 stock abundance; or 

14 ‘‘(II) reductions in fishing oppor15 tunities resulting from conservation 

16 and management measures taken pur17 suant to this Act. 

18 ‘‘(D) INDIAN TRIBE.—The term ‘Indian 

19 Tribe’ has the meaning given such term in sec20 tion 102 of the Federally Recognized Indian 

21 Tribe List Act of 1994 (25 U.S.C. 5130), and the 

22 term ‘Tribal’ means of or pertaining to such an 

23 Indian tribe. 

24 ‘‘(E) NATURAL CAUSE.—The term ‘natural 

25 cause’— 


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1 ‘‘(i) means a weather, climatic, hazard, 

2 or biology-related event, such as— 

3 ‘‘(I) a hurricane; 

4 ‘‘(II) a flood; 

5 ‘‘(III) a harmful algal bloom; 

6 ‘‘(IV) a tsunami; 

7 ‘‘(V) a hypoxic zone; 

8 ‘‘(VI) a drought; 

9 ‘‘(VII) El Nin ̃o effects on water 

10 temperature; 

11 ‘‘(VIII) a marine heat wave; or 

12 ‘‘(IX) disease; and 

13 ‘‘(ii) does not mean a normal or cycli14 cal variation in a species distribution or 

15 stock abundance. 

16 ‘‘(F) 12-MONTH REVENUE LOSS.—The term 

17 ‘12-month revenue loss’ means the percentage re18 duction in commercial, charter, headboat, and 

19 processor revenue for the 12 months during the 

20 fishery resource disaster period that is due to the 

21 fishery resource disaster, when compared to aver22 age annual revenue in the most recent 5-year pe23 riod or equivalent for stocks with cyclical life 

24 histories. 


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1 ‘‘(G) UNDETERMINED CAUSE.—The term 

2 ‘undetermined cause’ means a cause in which the 

3 current state of knowledge does not allow the Sec4 retary to identify the exact cause, and there is no 

5 current conclusive evidence supporting a possible 

6 cause of the fishery resource disaster. 

7 ‘‘(2) GENERAL AUTHORITY.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 have the authority to determine the existence, ex10 tent, and beginning and end dates of a fishery 

11 resource disaster under this subsection in accord12 ance with this subsection. 

13 ‘‘(B) AVAILABILITY OF FUNDS.—After the 

14 Secretary determines that a fishery resource dis15 aster has occurred, the Secretary is authorized to 

16 make sums available, from funds appropriated 

17 under paragraph (9) that are available, to be 

18 used by the affected State, Tribal government, or 

19 interstate marine fisheries commission, or by the 

20 Secretary in cooperation with the affected State, 

21 Tribal government, or interstate marine fisheries 

22 commission. 

23 ‘‘(C) SAVINGS CLAUSE.—The requirements 

24 under this subsection shall take effect only with 

25 respect to requests for a fishery resource disaster 


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1 determination submitted after the date of enact2 ment of the Fishery Failures: Urgently Needed 

3 Disaster Declarations Act. 

4 ‘‘(3) INITIATION OF A FISHERY RESOURCE DIS5 ASTER REVIEW.— 

6 ‘‘(A) ELIGIBLE REQUESTERS.—Not later 

7 than 1 year after the date of the conclusion of the 

8 fishing season, a request for a fishery resource 

9 disaster determination may be submitted to the 

10 Secretary, if the Secretary has not independently 

11 determined that a fishery resource disaster has 

12 occurred, by— 

13 ‘‘(i) the Governor of an affected State; 

14 ‘‘(ii) an official Tribal resolution; or 

15 ‘‘(iii) any other comparable elected or 

16 politically appointed representative as de17 termined by the Secretary. 

18 ‘‘(B) REQUIRED INFORMATION.—A complete 

19 request for a fishery resource disaster determina20 tion under subparagraph (A) shall include— 

21 ‘‘(i) identification of all presumed af22 fected fish stocks; 

23 ‘‘(ii) identification of the fishery as 

24 Federal, non-Federal, or both; 


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1 ‘‘(iii) the geographical boundaries of 

2 the fishery; 

3 ‘‘(iv) preliminary information on 

4 causes of the fishery resource disaster, if 

5 known; and 

6 ‘‘(v) information needed to support a 

7 finding of a fishery resource disaster, in8 cluding— 

9 ‘‘(I) information demonstrating 

10 the occurrence of an unexpected de11 crease in fish stock biomass or other 

12 change that results in significant loss 

13 of access to the fishery resource, which 

14 could include the loss of fishing vessels 

15 and gear, for a substantial period of 

16 time; 

17 ‘‘(II) 12-month revenue loss or 

18 subsistence loss for the affected Federal 

19 fishery, or if a fishery resource disaster 

20 has occurred at any time in the pre21 vious 5-year period, an appropriate 

22 time frame as determined by the Sec23 retary; 

24 ‘‘(III) if applicable, information 

25 on lost resource tax revenues assessed 


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1 by local communities, such as a raw 

2 fish tax; and 

3 ‘‘(IV) if applicable, information 

4 on 12-month revenue loss for processors 

5 related to the information provided 

6 under subclause (I), subject to section 

7 402(b). 

8 ‘‘(C) ASSISTANCE.—The Secretary may pro9 vide assistance, data, and analysis to an eligible 

10 requester described in paragraph (1), if so re11 quested and the data is not available to the re12 quester, in carrying out the complete request 

13 under subparagraph (A). 

14 ‘‘(4) REVIEW PROCESS.— 

15 ‘‘(A) INTERIM RESPONSE.—Not later than 

16 20 days after receipt of a request under para17 graph (3), the Secretary shall provide an interim 

18 response to the individual that— 

19 ‘‘(i) acknowledges receipt of the request; 

20 ‘‘(ii) provides a regional contact with21 in the National Oceanographic and Atmos22 pheric Administration; 

23 ‘‘(iii) outlines the process and timeline 

24 by which a request shall be considered; and 


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1 ‘‘(iv) requests additional information 

2 concerning the fishery resource disaster, if 

3 the original request is considered incom4 plete. 

5 ‘‘(B) EVALUATION OF REQUESTS.— 

6 ‘‘(i) IN GENERAL.—The Secretary shall 

7 complete a review, within the time frame 

8 described in clause (ii), using the best sci9 entific information available, in consulta10 tion with the affected fishing communities, 

11 States, or Tribes, of— 

12 ‘‘(I) the information provided by 

13 the requester and any additional infor14 mation relevant to the fishery, which 

15 may include— 

16 ‘‘(aa) fishery characteristics; 

17 ‘‘(bb) stock assessments; 

18 ‘‘(cc) the most recent fishery 

19 independent surveys and other 

20 fishery resource assessments and 

21 surveys conducted by Federal, 

22 State, or Tribal officials; 

23 ‘‘(dd) estimates of mortality; 

24 and 

25 ‘‘(ee) overall effects; and 


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1 ‘‘(II) the available economic infor2 mation, which may include an anal3 ysis of— 

4 ‘‘(aa) landings data; 

5 ‘‘(bb) revenue; 

6 ‘‘(cc) the number of partici7 pants involved; 

8 ‘‘(dd) the number and type of 

9 jobs and persons impacted, which 

10 may include— 

11 ‘‘(AA) fishers; 

12 ‘‘(BB) charter fishing 

13 operators; 

14 ‘‘(CC) subsistence users; 

15 ‘‘(DD) United States 

16 fish processors; and 

17 ‘‘(EE) an owner of a re18 lated fishery infrastructure 

19 or business affected by the 

20 disaster, such as a marina 

21 operator, recreational fishing 

22 equipment retailer, or char23 ter, headboat, or tender vessel 

24 owner, operator, or crew; 


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1 ‘‘(ee) an impacted Indian 

2 Tribe; 

3 ‘‘(ff) an impacted business or 

4 other entity; 

5 ‘‘(gg) the availability of haz6 ard insurance to address financial 

7 losses due to a disaster; 

8 ‘‘(hh) other forms of disaster 

9 assistance made available to the 

10 fishery, including prior awards of 

11 disaster assistance for the same 

12 event; 

13 ‘‘(ii) the length of time the 

14 resource, or access to the resource, 

15 has been restricted; 

16 ‘‘(jj) status of recovery from 

17 previous fishery resource disasters; 

18 ‘‘(kk) lost resource tax reve19 nues assessed by local commu20 nities, such as a raw fish tax; and 

21 ‘‘(ll) other appropriate indi22 cators to an affected fishery, as 

23 determined by the National Ma24 rine Fisheries Service. 


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1 ‘‘(ii) TIME FRAME.—The Secretary 

2 shall complete the review described in clause 

3 (i), if the fishing season, applicable to the 

4 fishery— 

5 ‘‘(I) has concluded or there is no 

6 defined fishing season applicable to the 

7 fishery, not later than 120 days after 

8 the Secretary receives a complete re9 quest for a fishery resource disaster de10 termination; 

11 ‘‘(II) has not concluded, not later 

12 than 120 days after the conclusion of 

13 the fishing season; or 

14 ‘‘(III) has not been opened, not 

15 later than 120 days after the Secretary 

16 receives a complete request for a fishery 

17 resource disaster determination. 

18 ‘‘(C) FISHERY RESOURCE DISASTER DETER19 MINATION.—The Secretary shall make the deter20 mination of a fishery resource disaster based on 

21 the criteria for determinations listed in para22 graph (5). 

23 ‘‘(D) NOTIFICATION.—Not later than 14 

24 days after the conclusion of the review under this 

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1 quester and the Governor of the affected State or 

2 Tribal representative of the determination of the 

3 Secretary. 

4 ‘‘(5) CRITERIA FOR DETERMINATIONS.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 make a determination about whether a fishery 

7 resource disaster has occurred, based on the rev8 enue loss thresholds under subparagraph (B), 

9 and, if a fishery resource disaster has occurred, 

10 whether the fishery resource disaster was due 

11 to— 

12 ‘‘(i) a natural cause; 

13 ‘‘(ii) an anthropogenic cause; 

14 ‘‘(iii) a combination of a natural cause 

15 and an anthropogenic cause; or 

16 ‘‘(iv) an undetermined cause. 

17 ‘‘(B) REVENUE LOSS THRESHOLDS.— 

18 ‘‘(i) IN GENERAL.—The Secretary shall 

19 apply the following 12-month revenue loss 

20 thresholds in determining whether a fishery 

21 resource disaster has occurred: 

22 ‘‘(I) Losses greater than 80 per23 cent shall result in a positive deter24 mination that a fishery resource dis25 aster has occurred. 


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1 ‘‘(II) Losses between 35 percent 

2 and 80 percent shall be evaluated to 

3 determine whether a fishery resource 

4 disaster has occurred, based on the in5 formation provided or analyzed under 

6 paragraph (4)(B). 

7 ‘‘(III) Losses less than 35 percent 

8 shall not be eligible for a determina9 tion that a fishery resource disaster 

10 has occurred, except where the Sec11 retary determines there are extenuating 

12 circumstances that justify using a 

13 lower threshold in making the deter14 mination. 

15 ‘‘(ii) CHARTER FISHING.—In making 

16 a determination of whether a fishery re17 source disaster has occurred, the Secretary 

18 shall consider the economic impacts to the 

19 charter fishing industry to ensure financial 

20 coverage for charter fishing businesses. 

21 ‘‘(iii) SUBSISTENCE USES.—In making 

22 a determination of whether a fishery re23 source disaster has occurred, the Secretary 

24 may consider loss of subsistence oppor25 tunity, where appropriate. 


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1 ‘‘(C) INELIGIBLE FISHERIES.—A fishery 

2 subject to overfishing in any of the 3 years pre3 ceding the date of a determination under this 

4 subsection is not eligible for a determination of 

5 whether a fishery resource disaster has occurred 

6 unless the Secretary determines that overfishing 

7 was not a contributing factor to the fishery re8 source disaster. 

9 ‘‘(D) EXCEPTIONAL CIRCUMSTANCES.—In 

10 an exceptional circumstance where substantial 

11 economic impacts to the affected fishery and fish12 ing community have been subject to a disaster 

13 declaration under another statutory authority, 

14 such as in the case of a natural disaster or from 

15 the direct consequences of a Federal action taken 

16 to prevent, or in response to, a natural disaster 

17 for purposes of protecting life and safety, the 

18 Secretary may determine a fishery resource dis19 aster has occurred without a request or without 

20 conducting the required analyses in subpara21 graphs (A) and (B). 

22 ‘‘(6) DISBURSAL OF APPROPRIATED FUNDS.— 

23 ‘‘(A) AUTHORIZATION.—The Secretary shall 

24 allocate funds available under paragraph (9) for 

25 fishery resource disasters. 


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1 ‘‘(B) ALLOCATION OF APPROPRIATED FISH2 ERY RESOURCE DISASTER ASSISTANCE.— 

3 ‘‘(i) NOTIFICATION OF FUNDING AVAIL4 ABILITY.—When there are appropriated 

5 funds for 1 or more fishery resource disas6 ters, the Secretary shall notify the public 

7 and representatives of affected fishing com8 munities with a positive disaster deter9 mination that is unfunded of the allocation 

10 under paragraph (2)(B) not more than 14 

11 days after the date of the appropriation or 

12 the determination of a fishery resource dis13 aster, whichever occurs later. 

14 ‘‘(ii) EXTENSION OF DEADLINE.—The 

15 Secretary may extend the deadline under 

16 clause (i) by 90 days to evaluate and make 

17 determinations on eligible requests. 

18 ‘‘(C) CONSIDERATIONS.—In determining the 

19 allocation of appropriations for a fishery re20 source disaster, the Secretary shall consider com21 mercial, charter, headboat, or seafood processing 

22 revenue losses and may consider the following 

23 factors: 

24 ‘‘(i) Direct economic impacts. 

25 ‘‘(ii) Uninsured losses. 


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1 ‘‘(iii) Losses of subsistence and Tribal 

2 ceremonial fishing opportunity. 

3 ‘‘(iv) Losses of recreational fishing op4 portunity. 

5 ‘‘(v) Aquaculture operations revenue 

6 loss. 

7 ‘‘(vi) Direct revenue losses to a fishing 

8 community. 

9 ‘‘(vii) Treaty obligations. 

10 ‘‘(viii) Other economic impacts. 

11 ‘‘(D) SPEND PLANS.—To receive an alloca12 tion from funds available under paragraph (9), 

13 a requester with an affirmative fishery resource 

14 disaster determination shall submit a spend plan 

15 to the Secretary, not more than 120 days after 

16 receiving notification that funds are available, 

17 that shall include the following information, if 

18 applicable: 

19 ‘‘(i) Objectives and outcomes, with an 

20 emphasis on addressing the factors contrib21 uting to the fishery resource disaster and 

22 minimizing future uninsured losses, if ap23 plicable. 

24 ‘‘(ii) Statement of work. 

25 ‘‘(iii) Budget details. 


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1 ‘‘(E) REGIONAL CONTACT.—The Secretary 

2 shall provide a regional contact within the Na3 tional Oceanic and Atmospheric Administration 

4 to facilitate review of spend plans and disbursal 

5 of funds. 

6 ‘‘(F) DISBURSAL OF FUNDS.— 

7 ‘‘(i) AVAILABILITY.—Funds shall be 

8 disbursed not later than 90 days after the 

9 date the Secretary receives a complete spend 

10 plan under subparagraph (D). 

11 ‘‘(ii) METHOD.—The Secretary may 

12 provide an allocation of funds under this 

13 subsection in the form of a grant, direct 

14 payment, cooperative agreement, loan, or 

15 contract. 

16 ‘‘(iii) ELIGIBLE USES.— 

17 ‘‘(I) IN GENERAL.—Funds allo18 cated for fishery resources disasters 

19 under this subsection shall prioritize 

20 the following uses, which are not in 

21 order of priority: 

22 ‘‘(aa) Habitat conservation 

23 and restoration and other activi24 ties, including scientific research, 

25 that reduce adverse impacts to the 


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1 fishery or improve understanding 

2 of the affected species or its eco3 system. 

4 ‘‘(bb) The collection of fishery 

5 information and other activities 

6 that improve management of the 

7 affected fishery. 

8 ‘‘(cc) In a commercial fish9 ery, capacity reduction and other 

10 activities that improve manage11 ment of fishing effort, including 

12 funds to offset budgetary costs to 

13 refinance a Federal fishing capac14 ity reduction loan or to repay the 

15 principal of a Federal fishing ca16 pacity reduction loan. 

17 ‘‘(dd) Developing, repairing, 

18 or improving fishery-related pub19 lic infrastructure. 

20 ‘‘(ee) Job training and eco21 nomic transition programs. 

22 ‘‘(ff) Public information 

23 campaigns on the recovery of the 

24 fishery, including marketing. 


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1 ‘‘(gg) For any purpose that 

2 the Secretary determines is appro3 priate to restore the fishery af4 fected by such a disaster or to pre5 vent a similar disaster in the fu6 ture. 

7 ‘‘(hh) Direct assistance to a 

8 person, fishing community (in9 cluding assistance for lost fisheries 

10 resource levies), or a business to 

11 alleviate economic loss incurred as 

12 a direct result of a fishery re13 source disaster, particularly when 

14 affected by a circumstance de15 scribed in paragraph (5)(D). 

16 ‘‘(ii) Appropriate economic 

17 and other incentives to encourage 

18 commercial fishermen to return to 

19 the fishery once it has recovered 

20 from the disaster. 

21 ‘‘(jj) Hatcheries and stock en22 hancement to help rebuild the af23 fected stock or offset fishing pres24 sure on the affected stock. 


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1 ‘‘(kk) Other activities that re2 cover or improve management of 

3 the affected fishery, as determined 

4 by the Secretary. 

5 ‘‘(II) DISPLACED FISHERY EM6 PLOYEES.—Where appropriate, indi7 viduals carrying out the activities de8 scribed in items (aa) through (ff) of 

9 subclause (I) shall be individuals who 

10 are, or were, employed in a commer11 cial, charter, or Tribal fishery for 

12 which the Secretary has determined 

13 that a fishery resource disaster has oc14 curred. 

15 ‘‘(7) LIMITATIONS.— 

16 ‘‘(A) FEDERAL SHARE.— 

17 ‘‘(i) IN GENERAL.—Except as applied 

18 to Tribes and as provided in clauses (ii) 

19 and (iii), the Federal share of the cost of 

20 any activity carried out under the author21 ity of this subsection shall not exceed 75 

22 percent of the cost of that activity. 

23 ‘‘(ii) WAIVER.—The Secretary may 

24 waive the non-Federal share requirements of 


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1 this subsection, if the Secretary determines 

2 that— 

3 ‘‘(I) no reasonable means are 

4 available through which the recipient 

5 of the Federal share can meet the non6 Federal share requirement; and 

7 ‘‘(II) the probable benefit of 100 

8 percent Federal financing outweighs 

9 the public interest in imposition of the 

10 non-Federal share requirement. 

11 ‘‘(iii) EXCEPTION.—The Federal share 

12 of direct assistance as described in para13 graph (6)(F)(iii)(I)(hh) shall be equal to 

14 100 percent. 

15 ‘‘(B) LIMITATIONS ON ADMINISTRATIVE EX16 PENSES.— 

17 ‘‘(i) FEDERAL.—Not more than 3 per18 cent of the funds available under this sub19 section may be used for administrative ex20 penses by the National Oceanographic and 

21 Atmospheric Administration. 

22 ‘‘(ii) STATE OR TRIBAL GOVERN23 MENTS.—Of the funds remaining after the 

24 use described in clause (i), not more than 5 

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1 ernments, or interstate marine fisheries 

2 commissions for administrative expenses. 

3 ‘‘(C) FISHING CAPACITY REDUCTION PRO4 GRAM.— 

5 ‘‘(i) IN GENERAL.—No funds available 

6 under this subsection may be used as part 

7 of a fishing capacity reduction program in 

8 a fishery unless the Secretary determines 

9 that adequate conservation and manage10 ment measures are in place in such fishery. 

11 ‘‘(ii) ASSISTANCE CONDITIONS.—As a 

12 condition of providing assistance under this 

13 subsection with respect to a vessel under a 

14 fishing capacity reduction program, the 

15 Secretary shall— 

16 ‘‘(I) prohibit the vessel from being 

17 used for fishing; and 

18 ‘‘(II) require that the vessel be— 

19 ‘‘(aa) scrapped or otherwise 

20 disposed of in a manner approved 

21 by the Secretary; 

22 ‘‘(bb) donated to a nonprofit 

23 organization and thereafter used 

24 only for purposes of research, edu25 cation, or training; or 


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1 ‘‘(cc) used for another non2 fishing purpose provided the Sec3 retary determines that adequate 

4 measures are in place to ensure 

5 that the vessel cannot reenter any 

6 fishery anywhere in the world. 

7 ‘‘(D) NO FISHERY ENDORSEMENT.— 

8 ‘‘(i) IN GENERAL.—A vessel that is 

9 prohibited from fishing under subparagraph 

10 (C)(ii)(I) shall not be eligible for a fishery 

11 endorsement under section 12113(a) of title 

12 46, United States Code. 

13 ‘‘(ii) NONEFFECTIVE.—A fishery en14 dorsement for a vessel described in clause (i) 

15 shall not be effective. 

16 ‘‘(iii) NO SALE.—A vessel described in 

17 clause (i) shall not be sold to a foreign 

18 owner or reflagged. 

19 ‘‘(8) PUBLIC INFORMATION ON DATA COLLEC20 TION.—The Secretary shall make available and up21 date as appropriate, information on data collection 

22 and submittal best practices for the information de23 scribed in paragraph (4)(B). 

24 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(A) AUTHORIZATION.—There are author2 ized to be appropriated to carry out this sub3 section such sums as may be necessary. 

4 ‘‘(B) AVAILABILITY OF FUNDS.—Amounts 

5 appropriated under this subsection shall remain 

6 available until expended. 

7 ‘‘(C) TAX EXEMPT STATUS.—The Fisheries 

8 Disaster Fund appropriated under this sub9 section shall be a tax exempt fund.’’. 

10 SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND 

11 MANAGEMENT ACT. 

12 (a) REPEAL.—Section 315 of the Magnuson-Stevens 

13 Fishery Conservation and Management Act (16 U.S.C. 

14 1864) is repealed. 

15 (b) REPORT.—Section 113(b)(2) of the Magnuson-Ste16 vens Fishery Conservation and Management Reauthoriza17 tion Act of 2006 (16 U.S.C. 460ss note) is amended— 

18 (1) in the paragraph heading, by striking ‘‘AN19 NUAL REPORT’’ and inserting ‘‘REPORT’’; 

20 (2) in the matter preceding subparagraph (A), 

21 by striking ‘‘Not later than 2 years after the date of 

22 enactment of this Act, and annually thereafter’’ and 

23 inserting ‘‘Not later than 2 years after the date of en24 actment of the Fishery Failures: Urgently Needed 


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1 Disaster Declarations Act, and biennially thereafter’’; 

2 and 

3 (3) in subparagraph (D), by striking ‘‘the cal4 endar year 2003’’ and inserting ‘‘the most recent’’. 

5 SEC. 4. INTERJURISDICTIONAL FISHERIES ACT OF 1986. 

6 (a) REPEAL.—Section 308 of the Interjurisdictional 

7 Fisheries Act of 1986 (16. U.S.C. 4107) is repealed. 

8 (b) TECHNICAL EDIT.—Section 3(k)(1) of the Small 

9 Business Act (15 U.S.C. 632(k)(1)) is amended by striking 

10 ‘‘(as determined by the Secretary of Commerce under sec11 tion 308(b) of the Interjurisdictional Fisheries Act of 

12 1986)’’ and inserting ‘‘(as determined by the Secretary of 

13 Commerce under the Fishery Failures: Urgently Needed 

14 Disaster Declarations Act)’’. 

15 SEC. 5. BUDGET REQUESTS; REPORTS. 

16 (a) BUDGET REQUEST.—In the budget justification 

17 materials submitted to Congress in support of the budget 

18 of the Department of Commerce for each fiscal year (as sub19 mitted with the budget of the President under section 

20 1105(a) of title 31, United States Code), the Secretary of 

21 Commerce shall include a separate statement of the amount 

22 requested to be appropriated for that fiscal year for out23 standing unfunded fishery resource disasters. 

24 (b) DRIFTNET ACT AMENDMENTS OF 1990 REPORT

25 AND BYCATCH REDUCTION AGREEMENTS.— 


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1 (1) IN GENERAL.—The Magnuson-Stevens Fish2 ery Conservation and Management Act (16 U.S.C. 

3 1801 et seq.) is amended— 

4 (A) in section 202(h), by striking para5 graph (3); and 

6 (B) in section 206— 

7 (i) by striking subsections (e) and (f); 

8 and 

9 (ii) by redesignating subsections (g) 

10 and (h) as subsections (e) and (f), respec11 tively. 

12 (2) BIENNIAL REPORT ON INTERNATIONAL COM13 PLIANCE.—Section 607 of the High Seas Driftnet 

14 Fishing Moratorium Protection Act (16 U.S.C. 

15 1826h) is amended— 

16 (A) by inserting ‘‘(a) IN GENERAL.—’’ be17 fore ‘‘The Secretary’’ and indenting appro18 priately; and 

19 (B) by adding at the end the following: 

20 ‘‘(b) ADDITIONAL INFORMATION.—In addition to the 

21 information described in paragraphs (1) through (5) of sub22 section (a), the report shall include— 

23 ‘‘(1) a description of the actions taken to carry 

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1 vens Fishery Conservation and Management Act (16 

2 U.S.C. 1826), including— 

3 ‘‘(A) an evaluation of the progress of those 

4 efforts, the impacts on living marine resources, 

5 including available observer data, and specific 

6 plans for further action; 

7 ‘‘(B) a list and description of any new fish8 eries developed by nations that conduct, or au9 thorize their nationals to conduct, large-scale 

10 driftnet fishing beyond the exclusive economic 

11 zone of any nation; and 

12 ‘‘(C) a list of the nations that conduct, or 

13 authorize their nationals to conduct, large-scale 

14 driftnet fishing beyond the exclusive economic 

15 zone of any nation in a manner that diminishes 

16 the effectiveness of or is inconsistent with any 

17 international agreement governing large-scale 

18 driftnet fishing to which the United States is a 

19 party or otherwise subscribes; and 

20 ‘‘(2) a description of the actions taken to carry 

21 out the provisions of section 202(h) of the Magnuson22 Stevens Fishery Conservation and Management Act 

23 (16 U.S.C. 1822(h)). 

24 ‘‘(c) CERTIFICATION.—If, at any time, the Secretary, 

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1 retary of the department in which the Coast Guard is oper2 ating, identifies any nation that warrants inclusion in the 

3 list described under subsection (b)(1)(C), due to large scale 

4 drift net fishing, the Secretary shall certify that fact to the 

5 President. Such certification shall be deemed to be a certifi6 cation for the purposes of section 8(a) of the Fishermen’s 

7 Protective Act of 1967 (22 U.S.C. 1978(a)).’’. 

8 (c) REPORT ON EFFORTS TO PREPARE AND ADAPT

9 UNITED STATES FISHERY MANAGEMENT FOR THE IMPACTS

10 OF CLIMATE CHANGE.— 

11 (1) IN GENERAL.—Not later than 2 years after 

12 the date of enactment of this Act, the Comptroller 

13 General of the United States shall submit a report to 

14 Congress examining efforts by the Regional Fishery 

15 Management Councils, the Atlantic States Marine 

16 Fisheries Commission, and the National Marine Fish17 eries Service to prepare and adapt to the impacts of 

18 climate change. 

19 (2) CONTENTS OF STUDY.—The report required 

20 under paragraph (1) shall include— 

21 (A) an examination of current or previous 

22 efforts (including the 2016 GAO Report on Fed23 eral Fisheries Management ), and whether those 

24 efforts have resulted in changes to management, 

25 by the Regional Fishery Management Councils, 


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1 the Atlantic States Marine Fisheries Commis2 sion, and the National Marine Fisheries Service 

3 to prepare and adapt Federal and jointly man4 aged fisheries for the impacts of climate change; 

5 (B) an examination of any guidance issued 

6 to the Regional Fishery Management Councils by 

7 the National Marine Fisheries Service to prepare 

8 and adapt Federal fishery management for the 

9 impacts of climate change and whether and how 

10 that guidance has been utilized; 

11 (C) identification of and recommendations 

12 for how best to address the most significant eco13 nomic, social, ecological, or other knowledge 

14 gaps, as well as key funding gaps, that would in15 crease the ability of the Regional Fishery Man16 agement Councils, the Atlantic States Marine 

17 Fisheries Commission, or the National Marine 

18 Fisheries Service to prepare and adapt fishery 

19 management for the impacts of climate change; 

20 (D) recommendations for how the Regional 

21 Fishery Management Councils, the Atlantic 

22 States Marine Fisheries Commission, and the 

23 National Marine Fisheries Service can better 

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1 ated fishing industries and dependent commu2 nities for the impacts of climate change; and 

3 (E) recommendations for how to enhance 

4 the capacity of the National Marine Fisheries 

5 Service to monitor climate-related changes to 

6 fisheries and marine ecosystems, to understand 

7 the mechanisms of change, to evaluate risks and 

8 priorities, to provide forecasts and projections of 

9 future conditions, to communicate scientific ad10 vice, and to better manage fisheries under chang11 ing conditions due to climate change. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 586 

116TH CONGRESS 

2D SESSION S. 2346 

[Report No. 116–293] 

A BILL 

To improve the Fishery Resource Disaster Relief 

ice, and for other purposes. program of the National Marine Fisheries ServNOVEMBER 16, 2020 

Reported with an amendment 


pamtmann on DSKBC07HB2PROD with BILLS