I 
116TH CONGRESS 
2D SESSION 
H. R. 5548 
To improve the Fishery Resource Disaster Relief program of the National 
Marine Fisheries Service, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2020 
Mr. HUFFMAN (for himself, Mr. PALAZZO, Mr. KILMER, and Ms. HERRERA 
BEUTLER) introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To improve the Fishery Resource Disaster Relief program 
of the National Marine Fisheries Service, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fishery Failures: Ur-
gently Needed Disaster Declarations Act’’. 
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SEC. 2. FISHERY RESOURCE DISASTER RELIEF. 
Section 312(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861a(a)) 
is amended to read as follows: 
‘‘(a) FISHERY RESOURCE DISASTER RELIEF.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ALLOWABLE CAUSE.—The term ‘al-
lowable 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 ad-
dressed or prevented by fishery manage-
ment measures; and 
‘‘(ii) that is otherwise beyond the con-
trol 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 dis-
aster that is determined by the Secretary in ac-
cordance with this subsection and— 
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‘‘(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, fore-
seeable, and recurrent fishery cyclical 
variations in species distribution or 
stock abundance; or 
‘‘(II) reductions in fishing oppor-
tunities resulting from conservation 
and management measures taken pur-
suant to this Act. 
‘‘(D) INDIAN
TRIBE.—The term ‘Indian 
Tribe’ has the meaning given such term in sec-
tion 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’— 
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‘‘(i) means a weather, climatic, haz-
ard, 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 Nin˜o effects on water 
temperature; 
‘‘(VIII) a marine heat wave; or 
‘‘(IX) disease; and 
‘‘(ii) does not mean a normal or cycli-
cal variation in a species distribution or 
stock abundance. 
‘‘(F) 12-MONTH
REVENUE
LOSS.—The 
term ‘12-month revenue loss’ means the per-
centage reduction in commercial, charter, 
headboat, and processor revenue for the 12 
months during the fishery resource disaster pe-
riod 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. 
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‘‘(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 sup-
porting 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 fish-
ery 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 author-
ized to make sums available, from funds appro-
priated under paragraph (9) and from any sup-
plemental appropriations that are available, to 
be used by the affected State, Tribal govern-
ment, or interstate marine fisheries commission, 
or by the Secretary in cooperation with the af-
fected State, Tribal government, or interstate 
marine fisheries commission. 
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‘‘(C) SAVINGS CLAUSE.—The requirements 
under this subsection shall take effect only with 
respect to requests for a fishery resource dis-
aster determination submitted after the date of 
enactment of the Fishery Failures: Urgently 
Needed Disaster Declarations Act. 
‘‘(3) INITIATION OF A FISHERY RESOURCE DIS-
ASTER REVIEW.— 
‘‘(A) ELIGIBLE
REQUESTERS.—Not later 
than 1 year after the date of the conclusion of 
the fishing season, a request for a fishery re-
source disaster determination may be submitted 
to the Secretary, if the Secretary has not inde-
pendently 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 de-
termined by the Secretary. 
‘‘(B) REQUIRED
INFORMATION.—A com-
plete request for a fishery resource disaster de-
termination under subparagraph (A) shall in-
clude— 
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‘‘(i) identification of all presumed af-
fected 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, in-
cluding— 
‘‘(I) information demonstrating 
the occurrence of an unexpected de-
crease 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 pe-
riod of time; 
‘‘(II) 12-month revenue loss or 
subsistence loss for the affected Fed-
eral fishery, or if a fishery resource 
disaster has occurred at any time in 
the previous 5-year period, an appro-
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priate 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 proc-
essors related to the information pro-
vided under subclause (I), subject to 
section 402(b). 
‘‘(C) ASSISTANCE.—The Secretary may 
provide assistance, data, and analysis to an eli-
gible requester described in paragraph (1), if so 
requested and the data is not available to the 
requester, in carrying out the compete request 
under subparagraph (A). 
‘‘(4) REVIEW PROCESS.— 
‘‘(A) INTERIM RESPONSE.—Not later than 
20 days after receipt of a request under para-
graph (3), the Secretary shall provide an in-
terim response to the individual that— 
‘‘(i) acknowledges receipt of the re-
quest; 
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‘‘(ii) provides a regional contact with-
in the National Oceanographic and Atmos-
pheric 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 incom-
plete. 
‘‘(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 com-
munities, States, or Tribes, of— 
‘‘(I) the information provided by 
the requester and any additional in-
formation 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 
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surveys conducted by Federal, 
State, or Tribal officials; 
‘‘(dd) estimates of mortality; 
and 
‘‘(ee) overall effects; and 
‘‘(II) the available economic in-
formation, which may include an anal-
ysis of— 
‘‘(aa) landings data; 
‘‘(bb) revenue; 
‘‘(cc) the number of partici-
pants 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 
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disaster, such as a marina 
operator, recreational fishing 
equipment retailer, or char-
ter, headboat, or tender ves-
sel owner, operator, or crew; 
‘‘(ee) an impacted Indian 
Tribe; 
‘‘(ff) an impacted business 
or other entity; 
‘‘(gg) the availability of haz-
ard insurance to address finan-
cial losses due to a disaster; 
‘‘(hh) other forms of dis-
aster 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 re-
source, has been restricted; 
‘‘(jj) status of recovery from 
previous fishery resource disas-
ters; 
‘‘(kk) lost resource tax reve-
nues assessed by local commu-
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nities, such as a raw fish tax; 
and 
‘‘(ll) 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) has not been opened, not 
later than 120 days after the Sec-
retary receives a complete request for 
a fishery resource disaster determina-
tion. 
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‘‘(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 
requestor 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.— 
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‘‘(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 per-
cent shall result in a positive deter-
mination that a fishery resource dis-
aster 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 in-
formation provided or analyzed under 
paragraph (4)(B). 
‘‘(III) Losses less than 35 per-
cent shall not be eligible for a deter-
mination that a fishery resource dis-
aster has occurred, except where the 
Secretary determines there are ex-
tenuating circumstances that justify 
using a lower threshold in making the 
determination. 
‘‘(ii) CHARTER FISHING.—ln making 
a determination of whether a fishery re-
source disaster has occurred, the Secretary 
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shall consider the economic impacts to the 
charter fishing industry to ensure financial 
coverage for charter fishing businesses. 
‘‘(iii) SUBSISTENCE
USES.—In mak-
ing a determination of whether a fishery 
resource disaster has occurred, the Sec-
retary may consider loss of subsistence op-
portunity, where appropriate. 
‘‘(C) 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-
ery resource disaster has occurred without a re-
quest or without conducting the required anal-
yses 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. 
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‘‘(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 notify 
the public and representatives of affected 
fishing communities with a positive dis-
aster 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 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. 
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‘‘(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 requestor 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 avail-
able, that shall include the following informa-
tion, if applicable: 
‘‘(i) Objectives and outcomes, with an 
emphasis on addressing the factors con-
tributing to the fishery resource disaster 
and minimizing future uninsured losses, if 
applicable. 
‘‘(ii) Statement of work. 
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‘‘(iii) Budget details. 
‘‘(E) REGIONAL CONTACT.—The Secretary 
shall provide a regional contact within the Na-
tional 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 allo-
cated 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 activi-
ties, including scientific research, 
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that reduce adverse impacts to 
the fishery or improve under-
standing of the affected species 
or its ecosystem. 
‘‘(bb) The collection of fish-
ery information and other activi-
ties that improve management of 
the affected fishery. 
‘‘(cc) In a commercial fish-
ery, capacity reduction and other 
activities that improve manage-
ment of fishing effort, including 
funds to offset budgetary costs to 
refinance a Federal fishing ca-
pacity reduction loan or to repay 
the principal of a Federal fishing 
capacity reduction loan. 
‘‘(dd) Developing, repairing, 
or improving fishery-related pub-
lic infrastructure. 
‘‘(ee) Job training and eco-
nomic transition programs. 
‘‘(ff) 
Public 
information 
campaigns on the recovery of the 
fishery, including marketing. 
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‘‘(gg) For any purpose that 
the Secretary determines is ap-
propriate 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 (in-
cluding assistance for lost fish-
eries resource levies), or a busi-
ness to alleviate economic loss in-
curred as a direct result of a 
fishery resource disaster, particu-
larly when affected by a cir-
cumstance described in para-
graph (5)(D). 
‘‘(ii) Appropriate economic 
and other incentives to encourage 
commercial fisherman to return 
to the fishery once it has recov-
ered from the disaster. 
‘‘(jj) Hatcheries and stock 
enhancement to help rebuild the 
affected stock or offset fishing 
pressure on the affected stock. 
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‘‘(kk) Other activities that 
recover or improve management 
of the affected fishery, as deter-
mined by the Secretary. 
‘‘(II) DISPLACED
FISHERY
EM-
PLOYEES.—Where appropriate, indi-
viduals carrying out the activities de-
scribed in items (aa) through (ff) of 
subclause (I) shall be individuals who 
are, or were, employed in a commer-
cial, 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 author-
ity 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 
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‘‘(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 fish-
eries developed by nations that conduct, or au-
thorize 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 Magnu-
son-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1822(h)). 
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