Title: Commercial Fishing and Aquaculture Protection Act of 2019
Policy area: Public Lands and Natural Resources

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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2209 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2209

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
    to establish a safety net program for commercial fishermen and 
                         aquaculture producers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2019

Mrs. Hyde-Smith (for herself and Mr. Kennedy) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
    to establish a safety net program for commercial fishermen and 
                         aquaculture producers.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commercial Fishing and Aquaculture 
Protection Act of 2019''.

SEC. 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 et seq.) is amended by inserting after section 320 the 
following:

``SEC. 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' means an individual or entity described in 
                subparagraph (B) that, as determined by the Secretary, 
                assumes the financial risks associated with harvesting 
                fish intended for commerce.
                    ``(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' means an individual or 
        entity described under paragraph (1)(B) that, as determined by 
        the Secretary, assumes the production and market risks 
        associated with the production of fish in a controlled 
        environment intended for commerce.
            ``(3) Eligible loss.--The term `eligible loss', with 
        respect to a calendar year, means when actual gross revenue 
        associated with commercial fishing or farm-raised fish 
        production for such calendar year is less than 85 percent of 
        the average gross revenue for the 3 previous calendar years.
            ``(4) Eligible loss condition.--The term `eligible loss 
        condition' means a condition that resulted in eligible loss due 
        to algae bloom, freshwater intrusion, adverse weather, bird 
        depredation, disease, or other condition, as determined by the 
        Secretary.
            ``(5) Fish.--The term `fish' includes--
                    ``(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' 
        means a document provided by a commercial fisherman or farm-
        raised fish producer that reasonably supports, and can be 
        verified and used to substantiate claimed eligible loss, 
        including--
                    ``(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.''.
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