II 

116TH CONGRESS 

1ST SESSION S. 2346 

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 introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

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’’. 

6 SEC. 2. FISHERY RESOURCE DISASTER RELIEF. 

7 (a) DEFINITIONS.—In this Act: 

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

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

10 undetermined cause. 


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

2 meaning given the term in section 3(13) of the Mag3 nuson-Stevens Fishery Conservation and Manage4 ment Act (16 U.S.C. 1802(13)). 

5 (3) FISHERY RESOURCE DISASTER.—The term 

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

7 determined by the Secretary in accordance with this 

8 Act and— 

9 (A) is a sudden, unexpected, and large de10 crease in fish stock biomass or other change 

11 that results in significant loss of access to the 

12 fishery resource, which may include loss of fish13 ing vessels and gear for a substantial period of 

14 time that results in revenue or subsistence loss 

15 and is due to an allowable cause; and 

16 (B) does not include reasonably predict17 able, foreseeable, and recurrent fishery resource 

18 cycle of variations in species distribution or 

19 stock abundance. 

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

21 community’’ means a community that is substan22 tially dependent on, or substantially engaged in, the 

23 harvest or processing of fishery resources to meet 

24 social and economic needs, and includes fishing ves25 sel owners, operators, crew, aquaculture operators, 


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1 and United States fish processors that are based in 

2 such community. 

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

4 has the meaning given such term in section 102 of 

5 the Federally Recognized Indian Tribe List Act of 

6 1994 (25 U.S.C. 5130), and the term ‘‘tribal’’ 

7 means of or pertaining to such an Indian tribe. 

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

9 cause’’ means— 

10 (A) a discrete anthropogenic event, such as 

11 an oil spill or spillway opening, that could not 

12 have been addressed or prevented by fishery 

13 management measures; and 

14 (B) that is otherwise beyond the control of 

15 fishery managers to mitigate through conserva16 tion and management measures, including regu17 latory restrictions imposed as a result of judi18 cial action or to protect human health or ma19 rine animals, plants, or habitats. 

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

21 cause’’— 

22 (A) means a weather or biology-related 

23 event, such as— 

24 (i) a hurricane; 

25 (ii) a flood; 


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1 (iii) a drought; 

2 (iv) El Nin ̃o effects on water tempera3 ture; or 

4 (v) disease; and 

5 (B) does not mean a normal or cyclical 

6 variation in a species distribution or stock 

7 abundance. 

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

9 means a rate or level of fishing mortality that jeop10 ardizes the capacity of a fishery to produce the max11 imum sustainable yield on a continuing basis. 

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

13 the Secretary of Commerce. 

14 (10) 12-MONTH REVENUE LOSS.—The term 

15 ‘‘12-month revenue loss’’ means the percentage re16 duction in commercial, charter, and headboat rev17 enue for the 12 months during the fishery resource 

18 disaster period when compared to average annual 

19 revenue in the most recent 5-year period or equiva20 lent for stocks with cyclical life histories. 

21 (11) UNDETERMINED CAUSE.—The term ‘‘un22 determined cause’’ means a cause in which the cur23 rent state of knowledge does not allow the Secretary 

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


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1 conclusive evidence supporting a possible cause of 

2 the fishery resource disaster. 

3 (b) GENERAL AUTHORITY.— 

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

5 authority to determine the existence, extent, and be6 ginning and end dates of a fishery resource disaster 

7 under this Act in accordance with this Act. 

8 (2) AVAILABILITY OF FUNDS.—After the Sec9 retary determines that a fishery resource disaster 

10 has occurred, the Secretary is authorized to make 

11 sums available, from funds appropriated under sub12 section (i) and from any supplemental appropria13 tions that are available, to be used by the affected 

14 State, tribal government, or interstate marine fish15 eries commission, or by the Secretary in cooperation 

16 with the affected State, tribal government, or inter17 state marine fisheries commission. 

18 (c) INITIATION OF A FISHERY RESOURCE DISASTER

19 REVIEW.— 

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

21 year after the occurrence of a potential fishery re22 source disaster, a request for a fishery resource dis23 aster determination may be submitted to the Sec24 retary, if the Secretary has not independently deterVerDate Sep 11 2014 03:29 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2346.IS S2346

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1 mined that a fishery resource disaster has occurred, 

2 by— 

3 (A) the Governor of an affected State; 

4 (B) an official tribal resolution; or 

5 (C) any other comparable elected or politi6 cally appointed representative as determined by 

7 the Secretary. 

8 (2) REQUIRED INFORMATION.—A complete re9 quest for a fishery resource disaster determination 

10 under paragraph (1) shall include— 

11 (A) identification of all presumed affected 

12 fish stocks; 

13 (B) identification of the fishery as Federal, 

14 non-Federal, or both; 

15 (C) the geographical boundaries of the 

16 fishery; 

17 (D) information on causes of the fishery 

18 resource disaster, if known; and 

19 (E) information needed to support a find20 ing of a fishery resource disaster, including— 

21 (i) information demonstrating the oc22 currence of a sudden, unexpected, large de23 crease in fish stock biomass or other 

24 change that results in significant loss of 

25 access to the fishery resource, which could 


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1 include the loss of fishing vessels and gear, 

2 for a substantial period of time; and 

3 (ii) 12-month revenue loss for the af4 fected fishery, or if a fishery resource dis5 aster has occurred at any time in the pre6 vious 5-year period, an appropriate time 

7 frame as determined by the Secretary. 

8 (d) REVIEW PROCESS.— 

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

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

11 the Secretary shall provide an interim response to 

12 the individual that— 

13 (A) acknowledges receipt of the request; 

14 (B) provides a regional contact within the 

15 National Oceanographic and Atmospheric Ad16 ministration; 

17 (C) outlines the process and timeline by 

18 which a request shall be considered; and 

19 (D) requests additional information con20 cerning the fishery resource disaster, if the 

21 original request is considered incomplete. 

22 (2) EVALUATION OF REQUESTS.— 

23 (A) IN GENERAL.—The Secretary shall 

24 complete a review, within the time frame de25 scribed in subparagraph (B), using the best sciVerDate Sep 11 2014 03:29 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2346.IS S2346

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1 entific information available, in consultation 

2 with the affected States, of— 

3 (i) the information provided by the re4 quester and any additional information rel5 evant to the fishery, which may include— 

6 (I) fishery characteristics; 

7 (II) stock assessments; 

8 (III) the most recent fishery 

9 independent surveys and other fishery 

10 resource assessments and surveys con11 ducted by Federal or State officials; 

12 (IV) estimates of mortality; and 

13 (V) overall effects; and 

14 (ii) the available economic informa15 tion, which may include an analysis of— 

16 (I) landings data; 

17 (II) revenue; 

18 (III) the number of participants 

19 involved; 

20 (IV) the number and type of jobs 

21 and persons impacted, which may in22 clude— 

23 (aa) fishermen; 

24 (bb) charter fishing opera25 tors; 


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1 (cc) subsistence users; 

2 (dd) United States fish proc3 essors; and 

4 (ee) an owner of a related 

5 fishery infrastructure or business 

6 affected by the disaster; 

7 (V) an impacted business, Tribe, 

8 or other entity; 

9 (VI) the availability of hazard in10 surance to address financial losses due 

11 to a disaster; 

12 (VII) other forms of disaster as13 sistance made available to the fishery, 

14 including prior awards of disaster as15 sistance; 

16 (VIII) the length of time the re17 source, or access to the resource, has 

18 been restricted; 

19 (IX) status of recovery from pre20 vious fishery resource disasters; and 

21 (X) other appropriate indicators 

22 to an affected fishery, as determined 

23 by the National Marine Fisheries 

24 Service. 


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1 (B) TIME FRAME.—The Secretary shall 

2 complete the review described in subparagraph 

3 (A), if the fishing season, applicable to the fish4 ery— 

5 (i) has concluded or there is no de6 fined fishing season applicable to the fish7 ery, not later than 120 days after the Sec8 retary receives a complete request for a 

9 fishery resource disaster determination; or 

10 (ii) has not concluded, not later than 

11 120 days after the conclusion of the fish12 ing season. 

13 (3) FISHERY RESOURCE DISASTER DETERMINA14 TION.—The Secretary shall make the determination 

15 of a fishery resource disaster based on the criteria 

16 for determinations listed in subsection (e). 

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

18 after the conclusion of the review under this sub19 section, the Secretary shall notify the requestor and 

20 the Governor of the affected State or tribal rep21 resentative of the determination of the Secretary. 

22 (e) CRITERIA FOR DETERMINATIONS.— 

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

24 determination about whether a fishery resource dis25 aster has occurred, based on the revenue loss threshVerDate Sep 11 2014 03:29 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2346.IS S2346

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1 olds under paragraph (2), and, if a fishery resource 

2 disaster has occurred, whether the fishery resource 

3 disaster was due to— 

4 (A) a natural cause; 

5 (B) a man-made cause; or 

6 (C) an undetermined cause. 

7 (2) REVENUE LOSS THRESHOLDS.— 

8 (A) IN GENERAL.—The Secretary shall 

9 apply the following 12-month revenue loss 

10 thresholds in determining whether a fishery re11 source disaster has occurred: 

12 (i) Losses greater than 80 percent 

13 shall result in a positive determination that 

14 a fishery resource disaster has occurred. 

15 (ii) Losses between 35 percent and 80 

16 percent shall be evaluated to determine 

17 whether a fishery resource disaster has oc18 curred, based on the information provided 

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

20 (iii) Losses less than 35 percent shall 

21 not be eligible for a determination that a 

22 fishery resource disaster has occurred, ex23 cept where the Secretary determines there 

24 are extenuating circumstances that justify 


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1 using a lower threshold in making the de2 termination. 

3 (B) SUBSISTENCE USES AND AQUA4 CULTURE OPERATIONS.—In making a deter5 mination of whether a fishery resource disaster 

6 has occurred, the Secretary may consider rev7 enue loss from aquaculture operations and loss 

8 of subsistence opportunity, where appropriate. 

9 (3) INELIGIBLE FISHERIES.—A fishery subject 

10 to overfishing in any of the 3 years preceding the 

11 date of a determination under this section is not eli12 gible for a determination of whether a fishery re13 source disaster has occurred unless the Secretary de14 termines that overfishing was not a contributing fac15 tor to the fishery resource disaster. 

16 (4) EXCEPTIONAL CIRCUMSTANCES.—In an ex17 ceptional circumstance where substantial economic 

18 impacts to the affected fishery and fishing commu19 nity have been subject to a disaster declaration 

20 under another statutory authority, such as in the 

21 case of a natural disaster or from the direct con22 sequences of a Federal action taken to prevent, or 

23 in response to, a natural disaster for purposes of 

24 protecting life and safety, the Secretary may deter25 mine a fishery resource disaster has occurred withVerDate Sep 11 2014 03:29 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2346.IS S2346

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1 out a request or without conducting the required 

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

3 (f) DISBURSAL OF APPROPRIATED FUNDS.— 

4 (1) AUTHORIZATION.—The Secretary shall allo5 cate funds available under subsection (i) for fishery 

6 resource disasters. 

7 (2) ALLOCATION OF APPROPRIATED FISHERY

8 RESOURCE DISASTER ASSISTANCE.— 

9 (A) NOTIFICATION OF FUNDING AVAIL10 ABILITY.—When there are appropriated funds 

11 for one or more fishery resource disasters, the 

12 Secretary shall notify the public and any fishery 

13 with a positive disaster determination that is 

14 unfunded of the allocation not more than 14 

15 days after the date of the appropriation or the 

16 determination of a fishery resource disaster, 

17 whichever occurs later. 

18 (B) EXTENSION OF DEADLINE.—The Sec19 retary may extend the deadline under subpara20 graph (A) by 90 days to evaluate and make de21 terminations on eligible requests. 

22 (3) CONSIDERATIONS.—In determining the allo23 cation of appropriations for more than 1 fishery re24 source disaster, the Secretary shall consider comVerDate Sep 11 2014 03:29 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2346.IS S2346

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1 mercial and charter or headboat revenue losses and 

2 may consider the following factors: 

3 (A) Direct economic impacts. 

4 (B) Uninsured losses. 

5 (C) Losses of subsistence opportunity. 

6 (D) Aquaculture operations revenue loss. 

7 (E) Direct revenue losses to a fishing com8 munity. 

9 (F) Other economic impacts. 

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

11 from funds available under subsection (i), a re12 questor with an affirmative fishery resource disaster 

13 determination shall submit a spend plan to the Sec14 retary, not more than 180 days after receiving noti15 fication that funds are available, that shall include 

16 the following information, if applicable: 

17 (A) Objectives and outcomes, with an em18 phasis on addressing the factors contributing to 

19 the fishery resource disaster and minimizing fu20 ture uninsured losses, if applicable. 

21 (B) Statement of work. 

22 (C) Budget details. 

23 (5) DISBURSAL OF FUNDS.— 

24 (A) AVAILABILITY.—Funds shall be avail25 able for disbursement not later than 90 days 


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1 after the date the Secretary receives a complete 

2 spend plan under paragraph (4). 

3 (B) METHOD.—The Secretary may provide 

4 an allocation of funds under this section in the 

5 form of a grant, direct payment, cooperative 

6 agreement, loan, or contract. 

7 (C) ELIGIBLE USES.— 

8 (i) IN GENERAL.—Funds allocated for 

9 fishery resources disasters under this sec10 tion shall prioritize the following uses, 

11 which are not in order of priority: 

12 (I) Habitat conservation and res13 toration and other activities that re14 duce adverse impacts to the fishery. 

15 (II) The collection of fishery in16 formation and other activities that im17 prove management of the affected 

18 fishery. 

19 (III) Capacity reduction and 

20 other activities that improve manage21 ment of fishing effort. 

22 (IV) Developing, repairing, or 

23 improving fishery-related public infra24 structure. 


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1 (V) Job training and economic 

2 transition programs. 

3 (VI) Public information cam4 paigns on the recovery of the fishery, 

5 including marketing. 

6 (VII) For any purpose that the 

7 Secretary determines is appropriate to 

8 restore the fishery affected by such a 

9 disaster or to prevent a similar dis10 aster in the future. 

11 (VIII) Direct assistance to a per12 son, fishing community, or a business 

13 to alleviate economic loss incurred as 

14 a direct result of a fishery resource 

15 disaster, particularly when affected by 

16 a circumstance described in subsection 

17 (e)(4). 

18 (IX) Other activities that recover 

19 or improve management of the af20 fected fishery, as determined by the 

21 Secretary. 

22 (ii) DISPLACED FISHERY EMPLOY23 EES.—Where appropriate, individuals car24 rying out the activities described in sub25 clauses (I) through (VI) of clause (i) shall 


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1 be individuals who are, or were, employed 

2 in a fishery for which the Secretary has de3 termined that a fishery resource disaster 

4 has occurred. 

5 (g) LIMITATIONS.— 

6 (1) FEDERAL SHARE.— 

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

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

9 of the cost of any activity carried out under the 

10 authority of this section shall not exceed 75 

11 percent of the cost of that activity. 

12 (B) WAIVER.—The Secretary may waive 

13 the non-Federal share requirements of this sec14 tion, if the Secretary determines that— 

15 (i) no reasonable means are available 

16 through which the recipient of the Federal 

17 share can meet the non-Federal share re18 quirement; and 

19 (ii) the probable benefit of 100 per20 cent Federal financing outweighs the pub21 lic interest in imposition of the non-Fed22 eral share requirement. 

23 (C) EXCEPTION.—The Federal share of di24 rect assistance as described in subsection 

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


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1 (2) LIMITATIONS ON ADMINISTRATIVE EX2 PENSES.— 

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

4 of the funds available under this section may be 

5 used for administrative expenses by the Na6 tional Oceanographic and Atmospheric Admin7 istration. 

8 (B) STATE OR TRIBAL GOVERNMENTS.—Of 

9 the funds remaining after the use described in 

10 subparagraph (B), not more than 5 percent 

11 may be used by States, tribal governments, or 

12 interstate marine fisheries commissions for ad13 ministrative expenses. 

14 (3) FISHING CAPACITY REDUCTION PRO15 GRAM.— 

16 (A) IN GENERAL.—No funds available 

17 under this section may be used as part of a 

18 fishing capacity reduction program in a fishery 

19 unless the Secretary determines that adequate 

20 conservation and management measures are in 

21 place in such fishery. 

22 (B) ASSISTANCE CONDITIONS.—As a con23 dition of providing assistance under this section 

24 with respect to a vessel under a fishing capacity 

25 reduction program, the Secretary shall— 


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1 (i) prohibit the vessel from being used 

2 for fishing; and 

3 (ii) require that the vessel be— 

4 (I) scrapped or otherwise dis5 posed of in a manner approved by the 

6 Secretary; 

7 (II) donated to a nonprofit orga8 nization and thereafter used only for 

9 purposes of research, education, or 

10 training; or 

11 (III) used for another non-fishing 

12 purpose provided the Secretary deter13 mines that adequate measures are in 

14 place to ensure that the vessel cannot 

15 reenter any fishery anywhere in the 

16 world. 

17 (4) NO FISHERY ENDORSEMENT.— 

18 (A) IN GENERAL.—A vessel that is prohib19 ited from fishing under paragraph (3)(B)(i) 

20 shall not be eligible for a fishery endorsement 

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

22 States Code. 

23 (B) NONEFFECTIVE.—A fishery endorse24 ment for a vessel described in subparagraph (A) 

25 shall not be effective. 


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1 (C) NO SALE.—A vessel described in sub2 paragraph (A) shall not sold to a foreign owner 

3 or reflagged. 

4 (5) DIRECT ASSISTANCE ELIGIBILITY.—Eligi5 bility for direct assistance under this section to a 

6 person or business shall be limited to a person or 

7 business that has less than $2,000,000 in net reve8 nues annually from commercial fishing, as deter9 mined by the Secretary. 

10 (h) PUBLIC INFORMATION ON DATA COLLECTION.— 

11 The Secretary shall make available and update as appro12 priate, information on data collection and submittal best 

13 practices for the information described in subsection 

14 (d)(2). 

15 (i) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) AUTHORIZATION.—There are authorized to 

17 be appropriated to carry out this section such sums 

18 as may be necessary. 

19 (2) AVAILABILITY OF FUNDS.—Amounts appro20 priated under this section shall remain available 

21 until expended. 

22 (3) TAX EXEMPT STATUS.—The Fisheries Dis23 asters Fund appropriated under this Act shall be a 

24 tax exempt fund. 


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1 (4) SUPPLEMENTAL APPROPRIATIONS.—The 

2 Secretary may use any supplemental appropriations 

3 that are available to carry out this section. 

4 SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND 

5 MANAGEMENT ACT. 

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

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

8 seq.) is amended— 

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

10 312(b)(2)’’ and inserting ‘‘section 312(a)(2)’’; and 

11 (2) in section 312— 

12 (A) by striking subsection (a); 

13 (B) by redesignating subsections (b) 

14 through (e) as subsections (a) through (d), re15 spectively; 

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

17 clause (ii)— 

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

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

20 (c)’’; and 

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

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

23 (c)’’. 


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

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

3 1864) is repealed. 

4 SEC. 4. INTERJURISDICTIONAL FISHERIES ACT OF 1986. 

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

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

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

8 Business Act (15 U.S.C. 632(k)(1)) is amended by strik9 ing ‘‘(as determined by the Secretary of Commerce under 

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

11 1986)’’ and inserting ‘‘(as determined by the Secretary of 

12 Commerce under the Fishery Failures: Urgently Needed 

13 Disaster Declarations Act)’’. 

Æ 


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