Title: Fishery Failures: Urgently Needed Disaster Declarations Act
Policy area: Public Lands and Natural Resources

Summary:
Fishery Failures: Urgently Needed Disaster Declarations Act
This bill revises the review process for making fishery resource disaster determinations.
Among other things, the bill

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2346 Introduced in Senate (IS)]

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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.

    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 ``Fishery Failures: Urgently Needed 
Disaster Declarations Act''.

SEC. 2. FISHERY RESOURCE DISASTER RELIEF.

    (a) Definitions.--In this Act:
            (1) Allowable cause.--The term ``allowable cause'' means a 
        natural cause, man-made cause, or undetermined cause.
            (2) Fishery.--The term ``fishery'' has the meaning given 
        the term in section 3(13) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1802(13)).
            (3) Fishery resource disaster.--The term ``fishery resource 
        disaster'' means a disaster that is determined by the Secretary 
        in accordance with this Act and--
                    (A) is a sudden, unexpected, and large 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 that results in revenue or 
                subsistence loss and is due to an allowable cause; and
                    (B) does not include reasonably predictable, 
                foreseeable, and recurrent fishery resource cycle of 
                variations in species distribution or stock abundance.
            (4) Fishing community.--The term ``fishing community'' 
        means a community that is substantially dependent on, or 
        substantially engaged in, the harvest or processing of fishery 
        resources to meet social and economic needs, and includes 
        fishing vessel owners, operators, crew, aquaculture operators, 
        and United States fish processors that are based in such 
        community.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term in section 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.
            (6) Man-made cause.--The term ``man-made cause'' means--
                    (A) a discrete anthropogenic event, such as an oil 
                spill or spillway opening, that could not have been 
                addressed or prevented by fishery management measures; 
                and
                    (B) that is otherwise beyond the control 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.
            (7) Natural cause.--The term ``natural cause''--
                    (A) means a weather or biology-related event, such 
                as--
                            (i) a hurricane;
                            (ii) a flood;
                            (iii) a drought;
                            (iv) El Nino effects on water temperature; 
                        or
                            (v) disease; and
                    (B) does not mean a normal or cyclical variation in 
                a species distribution or stock abundance.
            (8) Overfishing.--The term ``overfishing'' means a rate or 
        level of fishing mortality that jeopardizes the capacity of a 
        fishery to produce the maximum sustainable yield on a 
        continuing basis.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (10) 12-month revenue loss.--The term ``12-month revenue 
        loss'' means the percentage reduction in commercial, charter, 
        and headboat revenue for the 12 months during the fishery 
        resource disaster period when compared to average annual 
        revenue in the most recent 5-year period or equivalent for 
        stocks with cyclical life histories.
            (11) 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 supporting a possible cause of 
        the fishery resource disaster.
    (b) General Authority.--
            (1) In general.--The Secretary shall have the authority to 
        determine the existence, extent, and beginning and end dates of 
        a fishery resource disaster under this Act in accordance with 
        this Act.
            (2) Availability of funds.--After the Secretary determines 
        that a fishery resource disaster has occurred, the Secretary is 
        authorized to make sums available, from funds appropriated 
        under subsection (i) and from any supplemental appropriations 
        that are available, to be used by the affected State, tribal 
        government, or interstate marine fisheries commission, or by 
        the Secretary in cooperation with the affected State, tribal 
        government, or interstate marine fisheries commission.
    (c) Initiation of a Fishery Resource Disaster Review.--
            (1) Eligible requesters.--Not later than 1 year after the 
        occurrence of a potential fishery resource disaster, a request 
        for a fishery resource disaster determination may be submitted 
        to the Secretary, if the Secretary has not independently 
        determined that a fishery resource disaster has occurred, by--
                    (A) the Governor of an affected State;
                    (B) an official tribal resolution; or
                    (C) any other comparable elected or politically 
                appointed representative as determined by the 
                Secretary.
            (2) Required information.--A complete request for a fishery 
        resource disaster determination under paragraph (1) shall 
        include--
                    (A) identification of all presumed affected fish 
                stocks;
                    (B) identification of the fishery as Federal, non-
                Federal, or both;
                    (C) the geographical boundaries of the fishery;
                    (D) information on causes of the fishery resource 
                disaster, if known; and
                    (E) information needed to support a finding of a 
                fishery resource disaster, including--
                            (i) information demonstrating the 
                        occurrence of a sudden, unexpected, large 
                        decrease 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 period of time; and
                            (ii) 12-month revenue loss for the affected 
                        fishery, or if a fishery resource disaster has 
                        occurred at any time in the previous 5-year 
                        period, an appropriate time frame as determined 
                        by the Secretary.
    (d) Review Process.--
            (1) Interim response.--Not later than 10 days after receipt 
        of a request under subsection (c), the Secretary shall provide 
        an interim response to the individual that--
                    (A) acknowledges receipt of the request;
                    (B) provides a regional contact within the National 
                Oceanographic and Atmospheric Administration;
                    (C) outlines the process and timeline by which a 
                request shall be considered; and
                    (D) requests additional information concerning the 
                fishery resource disaster, if the original request is 
                considered incomplete.
            (2) Evaluation of requests.--
                    (A) In general.--The Secretary shall complete a 
                review, within the time frame described in subparagraph 
                (B), using the best scientific information available, 
                in consultation with the affected States, of--
                            (i) the information provided by the 
                        requester and any additional information 
                        relevant to the fishery, which may include--
                                    (I) fishery characteristics;
                                    (II) stock assessments;
                                    (III) the most recent fishery 
                                independent surveys and other fishery 
                                resource assessments and surveys 
                                conducted by Federal or State 
                                officials;
                                    (IV) estimates of mortality; and
                                    (V) overall effects; and
                            (ii) the available economic information, 
                        which may include an analysis of--
                                    (I) landings data;
                                    (II) revenue;
                                    (III) the number of participants 
                                involved;
                                    (IV) the number and type of jobs 
                                and persons impacted, which may 
                                include--
                                            (aa) fishermen;
                                            (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 
                                        disaster;
                                    (V) an impacted business, Tribe, or 
                                other entity;
                                    (VI) the availability of hazard 
                                insurance to address financial losses 
                                due to a disaster;
                                    (VII) other forms of disaster 
                                assistance made available to the 
                                fishery, including prior awards of 
                                disaster assistance;
                                    (VIII) the length of time the 
                                resource, or access to the resource, 
                                has been restricted;
                                    (IX) status of recovery from 
                                previous fishery resource disasters; 
                                and
                                    (X) other appropriate indicators to 
                                an affected fishery, as determined by 
                                the National Marine Fisheries Service.
                    (B) Time frame.--The Secretary shall complete the 
                review described in subparagraph (A), 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 complete request for a fishery 
                        resource disaster determination; or
                            (ii) has not concluded, not later than 120 
                        days after the conclusion of the fishing 
                        season.
            (3) Fishery resource disaster determination.--The Secretary 
        shall make the determination of a fishery resource disaster 
        based on the criteria for determinations listed in subsection 
        (e).
            (4) Notification.--Not later than 14 days after the 
        conclusion of the review under this subsection, the Secretary 
        shall notify the requestor and the Governor of the affected 
        State or tribal representative of the determination of the 
        Secretary.
    (e) Criteria for Determinations.--
            (1) In general.--The Secretary shall make a determination 
        about whether a fishery resource disaster has occurred, based 
        on the revenue loss thresholds under paragraph (2), and, if a 
        fishery resource disaster has occurred, whether the fishery 
        resource disaster was due to--
                    (A) a natural cause;
                    (B) a man-made cause; or
                    (C) an undetermined cause.
            (2) Revenue loss thresholds.--
                    (A) 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 percent shall 
                        result in a positive determination that a 
                        fishery resource disaster 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 information provided or analyzed under 
                        subsection (d)(2).
                            (iii) Losses less than 35 percent shall not 
                        be eligible for a determination that a fishery 
                        resource disaster has occurred, except where 
                        the Secretary determines there are extenuating 
                        circumstances that justify using a lower 
                        threshold in making the determination.
                    (B) Subsistence uses and aquaculture operations.--
                In making a determination of whether a fishery resource 
                disaster has occurred, the Secretary may consider 
                revenue loss from aquaculture operations and loss of 
                subsistence opportunity, where appropriate.
            (3) Ineligible fisheries.--A fishery subject to overfishing 
        in any of the 3 years preceding the date of a determination 
        under this section 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 resource disaster.
            (4) Exceptional circumstances.--In an exceptional 
        circumstance where substantial economic impacts to the affected 
        fishery and fishing community have been subject to a disaster 
        declaration under another statutory authority, 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 fishery resource disaster has 
        occurred without a request or without conducting the required 
        analyses in paragraphs (1) and (2).
    (f) Disbursal of Appropriated Funds.--
            (1) Authorization.--The Secretary shall allocate funds 
        available under subsection (i) for fishery resource disasters.
            (2) Allocation of appropriated fishery resource disaster 
        assistance.--
                    (A) Notification of funding availability.--When 
                there are appropriated funds for one or more fishery 
                resource disasters, the Secretary shall notify the 
                public and any fishery with a positive disaster 
                determination that is unfunded of the allocation not 
                more than 14 days after the date of the appropriation 
                or the determination of a fishery resource disaster, 
                whichever occurs later.
                    (B) Extension of deadline.--The Secretary may 
                extend the deadline under subparagraph (A) by 90 days 
                to evaluate and make determinations on eligible 
                requests.
            (3) Considerations.--In determining the allocation of 
        appropriations for more than 1 fishery resource disaster, the 
        Secretary shall consider commercial and charter or headboat 
        revenue losses and may consider the following factors:
                    (A) Direct economic impacts.
                    (B) Uninsured losses.
                    (C) Losses of subsistence opportunity.
                    (D) Aquaculture operations revenue loss.
                    (E) Direct revenue losses to a fishing community.
                    (F) Other economic impacts.
            (4) Spend plans.--To receive an allocation from funds 
        available under subsection (i), a requestor with an affirmative 
        fishery resource disaster determination shall submit a spend 
        plan to the Secretary, not more than 180 days after receiving 
        notification that funds are available, that shall include the 
        following information, if applicable:
                    (A) Objectives and outcomes, with an emphasis on 
                addressing the factors contributing to the fishery 
                resource disaster and minimizing future uninsured 
                losses, if applicable.
                    (B) Statement of work.
                    (C) Budget details.
            (5) Disbursal of funds.--
                    (A) Availability.--Funds shall be available for 
                disbursement not later than 90 days after the date the 
                Secretary receives a complete spend plan under 
                paragraph (4).
                    (B) Method.--The Secretary may provide an 
                allocation of funds under this section in the form of a 
                grant, direct payment, cooperative agreement, loan, or 
                contract.
                    (C) Eligible uses.--
                            (i) In general.--Funds allocated for 
                        fishery resources disasters under this section 
                        shall prioritize the following uses, which are 
                        not in order of priority:
                                    (I) Habitat conservation and 
                                restoration and other activities that 
                                reduce adverse impacts to the fishery.
                                    (II) The collection of fishery 
                                information and other activities that 
                                improve management of the affected 
                                fishery.
                                    (III) Capacity reduction and other 
                                activities that improve management of 
                                fishing effort.
                                    (IV) Developing, repairing, or 
                                improving fishery-related public 
                                infrastructure.
                                    (V) Job training and economic 
                                transition programs.
                                    (VI) Public information campaigns 
                                on the recovery of the fishery, 
                                including marketing.
                                    (VII) For any purpose that the 
                                Secretary determines is appropriate to 
                                restore the fishery affected by such a 
                                disaster or to prevent a similar 
                                disaster in the future.
                                    (VIII) Direct assistance to a 
                                person, fishing community, or a 
                                business to alleviate economic loss 
                                incurred as a direct result of a 
                                fishery resource disaster, particularly 
                                when affected by a circumstance 
                                described in subsection (e)(4).
                                    (IX) Other activities that recover 
                                or improve management of the affected 
                                fishery, as determined by the 
                                Secretary.
                            (ii) Displaced fishery employees.--Where 
                        appropriate, individuals carrying out the 
                        activities described in subclauses (I) through 
                        (VI) of clause (i) shall be individuals who 
                        are, or were, employed in a fishery for which 
                        the Secretary has determined that a fishery 
                        resource disaster has occurred.
    (g) Limitations.--
            (1) Federal share.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), the Federal share of the 
                cost of any activity carried out under the authority of 
                this section shall not exceed 75 percent of the cost of 
                that activity.
                    (B) Waiver.--The Secretary may waive the non-
                Federal share requirements of this section, if the 
                Secretary determines that--
                            (i) no reasonable means are available 
                        through which the recipient of the Federal 
                        share can meet the non-Federal share 
                        requirement; and
                            (ii) the probable benefit of 100 percent 
                        Federal financing outweighs the public interest 
                        in imposition of the non-Federal share 
                        requirement.
                    (C) Exception.--The Federal share of direct 
                assistance as described in subsection 
                (f)(5)(C)(i)(VIII) shall be equal to 100 percent.
            (2) Limitations on administrative expenses.--
                    (A) Federal.--Not more than 3 percent of the funds 
                available under this section may be used for 
                administrative expenses by the National Oceanographic 
                and Atmospheric Administration.
                    (B) State or tribal governments.--Of the funds 
                remaining after the use described in subparagraph (B), 
                not more than 5 percent may be used by States, tribal 
                governments, or interstate marine fisheries commissions 
                for administrative expenses.
            (3) Fishing capacity reduction program.--
                    (A) In general.--No funds available under this 
                section may be used as part of a fishing capacity 
                reduction program in a fishery unless the Secretary 
                determines that adequate conservation and management 
                measures are in place in such fishery.
                    (B) Assistance conditions.--As a condition of 
                providing assistance under this section with respect to 
                a vessel under a fishing capacity reduction program, 
                the Secretary shall--
                            (i) prohibit the vessel from being used for 
                        fishing; and
                            (ii) require that the vessel be--
                                    (I) scrapped or otherwise disposed 
                                of in a manner approved by the 
                                Secretary;
                                    (II) donated to a nonprofit 
                                organization and thereafter used only 
                                for purposes of research, education, or 
                                training; or
                                    (III) used for another non-fishing 
                                purpose provided the Secretary 
                                determines that adequate measures are 
                                in place to ensure that the vessel 
                                cannot reenter any fishery anywhere in 
                                the world.
            (4) No fishery endorsement.--
                    (A) In general.--A vessel that is prohibited from 
                fishing under paragraph (3)(B)(i) shall not be eligible 
                for a fishery endorsement under section 12113(a) of 
                title 46, United States Code.
                    (B) Noneffective.--A fishery endorsement for a 
                vessel described in subparagraph (A) shall not be 
                effective.
                    (C) No sale.--A vessel described in subparagraph 
                (A) shall not sold to a foreign owner or reflagged.
            (5) Direct assistance eligibility.--Eligibility for direct 
        assistance under this section to a person or business shall be 
        limited to a person or business that has less than $2,000,000 
        in net revenues annually from commercial fishing, as determined 
        by the Secretary.
    (h) Public Information on Data Collection.--The Secretary shall 
make available and update as appropriate, information on data 
collection and submittal best practices for the information described 
in subsection (d)(2).
    (i) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        to carry out this section such sums as may be necessary.
            (2) Availability of funds.--Amounts appropriated under this 
        section shall remain available until expended.
            (3) Tax exempt status.--The Fisheries Disasters Fund 
        appropriated under this Act shall be a tax exempt fund.
            (4) Supplemental appropriations.--The Secretary may use any 
        supplemental appropriations that are available to carry out 
        this section.

SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.

    (a) In General.--The Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) is amended--
            (1) in section 307(1)(R), by striking ``section 312(b)(2)'' 
        and inserting ``section 312(a)(2)''; and
            (2) in section 312--
                    (A) by striking subsection (a);
                    (B) by redesignating subsections (b) through (e) as 
                subsections (a) through (d), respectively;
                    (C) in subsection (b), as redesignated by clause 
                (ii)--
                            (i) in paragraph (1)(C), by striking 
                        ``subsection (d)'' and inserting ``subsection 
                        (c)''; and
                            (ii) in paragraph (2), by striking 
                        ``subsection (d)'' and inserting ``subsection 
                        (c)''.
    (b) Repeal.--Section 315 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1864) is repealed.

SEC. 4. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

    (a) Repeal.--Section 308 of the Interjurisdictional Fisheries Act 
of 1986 (16 U.S.C. 4107) is repealed.
    (b) Technical Edit.--Section 3(k)(1) of the Small Business Act (15 
U.S.C. 632(k)(1)) is amended by striking ``(as determined by the 
Secretary of Commerce under section 308(b) of the Interjurisdictional 
Fisheries Act of 1986)'' and inserting ``(as determined by the 
Secretary of Commerce under the Fishery Failures: Urgently Needed 
Disaster Declarations Act)''.
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