nities, such as a raw fish tax; 
and 
‘‘(jj) other appropriate indi-
cators to an affected fishery, as 
determined by the National Ma-
rine 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 com-
plete request for a fishery resource 
disaster determination; 
‘‘(II) has not concluded, not later 
than 120 days after the conclusion of 
the fishing season; or 
‘‘(III) is expected to be closed for 
the entire fishing season, not later 
than 120 days after the Secretary re-
ceives a complete request for a fishery 
resource disaster determination. 
VerDate Sep 11 2014 
02:44 Oct 06, 2021
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5453.IH
H5453
kjohnson on DSK79L0C42PROD with BILLS
‘‘(C) FISHERY
RESOURCE
DISASTER
DE-
TERMINATION.—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 determina-
tion 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 oc-
curred, 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.— 
VerDate Sep 11 2014 
02:44 Oct 06, 2021
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5453.IH
H5453
kjohnson on DSK79L0C42PROD with BILLS
‘‘(i) IN GENERAL.—Based on the in-
formation provided or analyzed under 
paragraph (4)(B), the Secretary shall 
apply the following 12-month revenue loss 
thresholds in determining whether a fish-
ery resource disaster has occurred: 
‘‘(I) Losses greater than 80 per-
cent may result in a positive deter-
mination that a fishery resource dis-
aster has occurred, based on the infor-
mation provided or analyzed under 
paragraph (4)(B). 
‘‘(II) Losses between 35 percent 
and 80 percent shall be evaluated to 
determine whether economic impacts 
are severe enough to declare that a 
fishery resource disaster has occurred. 
‘‘(III) Losses less than 35 per-
cent shall not be eligible for a deter-
mination that a fishery resource dis-
aster has occurred. 
‘‘(ii) CHARTER FISHING.—In making 
a determination of whether a fishery re-
source disaster has occurred, the Secretary 
shall consider the economic impacts to the 
VerDate Sep 11 2014 
02:44 Oct 06, 2021
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5453.IH
H5453
kjohnson on DSK79L0C42PROD with BILLS
charter fishing industry to ensure financial 
coverage for charter fishing businesses. 
‘‘(iii) SUBSISTENCE LOSS.—In consid-
ering subsistence loss, the Secretary shall 
evaluate the severity of loss to the fishing 
community instead of applying the revenue 
loss thresholds described in clause (i). 
‘‘(C) INELIGIBLE
FISHERIES.—A fishery 
subject to overfishing in any of the 3 years pre-
ceding 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 re-
source disaster. 
‘‘(D) EXCEPTIONAL CIRCUMSTANCES.—In 
an exceptional circumstance where substantial 
economic impacts to the affected fishery and 
fishing community have been subject to a dis-
aster declaration under another statutory au-
thority, 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 fish-
VerDate Sep 11 2014 
02:44 Oct 06, 2021
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5453.IH
H5453
kjohnson on DSK79L0C42PROD with BILLS
ery resource disaster has occurred without a re-
quest. 
‘‘(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 appro-
priated funds for 1 or more fishery re-
source disasters, the Secretary shall no-
tify— 
‘‘(I) the public; and 
‘‘(II) representatives of affected 
fishing communities with a positive 
disaster determination that is un-
funded, 
of the availability of funds, not more than 
14 days after the date of the appropriation 
or the determination of a fishery resource 
disaster, whichever occurs later. 
‘‘(ii) EXTENSION OF DEADLINE.—The 
Secretary may extend the deadline under 
VerDate Sep 11 2014 
02:18 Oct 07, 2021
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5453.IH
H5453
kjohnson on DSK79L0C42PROD with BILLS
clause (i) by 90 days to evaluate and make 
determinations on eligible requests. 
‘‘(C) CONSIDERATIONS.—In determining 
the allocation of appropriations for a fishery re-
source disaster, the Secretary shall consider 
commercial, charter, headboat, or seafood proc-
essing revenue losses and may consider the fol-
lowing factors: 
‘‘(i) Direct economic impacts. 
‘‘(ii) Uninsured losses. 
‘‘(iii) Losses of subsistence and Tribal 
ceremonial fishing opportunity. 
‘‘(iv) Losses of recreational fishing op-
portunity. 
‘‘(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 alloca-
tion 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 
VerDate Sep 11 2014 
02:44 Oct 06, 2021
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5453.IH
H5453
kjohnson on DSK79L0C42PROD with BILLS