Commercial Fishing and Aquaculture Protection Act of 2019

To amend the Magnuson-Stevens Fishery Conservation and Management Act to establish a safety net program for commercial fishermen and aquaculture producers. 1. Short title This Act may be cited as the Commercial Fishing and Aquaculture Protection Act of 2019 2. Supplemental revenue assistance for commercial fishermen and farm-raised fish producers The Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 321. Supplemental revenue assistance for commercial fishermen and farm-raised fish producers (a) Definitions In this section: (1) Eligible commercial fisherman (A) In general The term eligible commercial fisherman (B) Description An individual or entity is described in this subparagraph if the individual or entity is— (i) a citizen of the United States; (ii) a partnership of citizens of the United States; or (iii) a corporation, limited liability corporation, or other organizational structure organized under State law. (2) Eligible farm-raised fish producer The term eligible farm-raised fish producer (3) Eligible loss The term eligible loss (4) Eligible loss condition The term eligible loss condition (5) Fish The term fish (A) shellfish (including oysters, shrimp, crawfish, and crab); (B) finfish (including catfish); and (C) any other species of aquatic organism harvested with the intent of entering commerce. (6) Verifiable records The term verifiable records (A) trip tickets or their equivalents, such as dealer forms, which show fish harvest volumes and sales prices; (B) Federal or State tax and financial information to identify components of gross revenue derived from commercial fishing or farm-raised fish production; or (C) any other form of reliable record that reasonably supports the eligible loss as well as the average gross revenue for the 3 previous calendar years. (b) Supplemental revenue assistance program (1) In general Subject to the availability of funds, the Secretary shall use such sums as are necessary to provide compensation to eligible commercial fishermen and eligible farm-raised fish producers that have incurred eligible losses, based on verifiable records, due to eligible loss conditions. (2) Payment amount The amount of the compensation to be paid to an eligible commercial fisherman or eligible farm-raised fish producer under paragraph (1) for an eligible loss for a calendar year shall be equal to the difference between— (A) 85 percent of the average gross revenue for the 3 previous calendar years, calculated by multiplying the average volume of fish harvested or produced by the average fair market value or price received; and (B) the actual total gross revenue received during the calendar year of claimed eligible loss. (3) Payment limitation The total amount of compensation received by a person or entity (excluding a joint venture or general partnership) under this section for a calendar year shall not exceed 85 percent of the average gross revenue received during the 3 previous calendar years. (4) Application If eligible losses have occurred due to eligible loss conditions, the Secretary shall provide assistance under this section whether or not a fishery resource disaster determination has been made under section 312(a). (5) Effective date Compensation authorized under this section shall apply to eligible losses suffered during the 2019 calendar year and each year thereafter, subject to the availability of funds. .

Summary: Commercial Fishing and Aquaculture Protection Act of 2019 This bill directs the Department of Commerce to provide compensation to commercial fishermen and farm-raised (aquaculture) fish producers for losses due to algae bloom, freshwater intrusion, adverse weather, bird depredation, disease, and other conditions. Commerce must provide payments to eligible fishermen and aquaculture producers based on a formula if their actual total gross revenue for a given year falls below 85% of the average total gross revenue for the previous three years.