S 2346 is sponsored by Wicker, Roger F. (Republican).

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United States 116th Congress Status: Passed Senate 1 R cosponsors

S 2346 — Fishery Failures: Urgently Needed Disaster Declarations Act

Last action December 21, 2020 — Held at the desk.

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Introduced
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In Committee
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Passed Senate
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Passed House
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To Executive
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Enacted

This bill died with 116th Congress. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

117 added · 694 removed

Plain-language change summary

The amendment adds a new definition related to fishery resource disasters, explicitly outlining what constitutes a "significant loss of access to the fishery" and clarifying how revenue loss will be calculated during such events. This change provides a clearer framework for determining financial impacts on the fishing industry in cases of unexpected large decreases in fish stock biomass or other significant changes. The practical effect is that it may facilitate better understanding and management of fishery resource disasters by relevant authorities.

2346 ~~Reported~~Engrossed in Senate ~~(RS)]~~(ES)] <DOC> ~~Calendar~~116th ~~No.~~CONGRESS 2d Session S.

~~586~~2346 ~~116th~~_______________________________________________________________________ ~~CONGRESS~~AN 2dACT ~~Session~~To S.improve the Fishery Resource Disaster Relief program of the National Marine Fisheries Service, and for other purposes.

~~2346~~Be ~~[Report~~it ~~No.~~enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

~~116-293] 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 (for himself, Ms.~~

~~Cantwell, Mr.~~

~~Sullivan, Ms.~~

~~Murkowski, and Mr.~~

~~Cassidy) introduced the following bill;~~

~~which was read twice and referred to the Committee on Commerce, Science, and Transportation November 16, 2020 Reported by Mr.~~

Wicker, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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, <DELETED>SECTION 1.~~

~~SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Fishery Failures:~~

~~Urgently Needed Disaster Declarations Act''.</DELETED> <DELETED>SEC.~~

FISHERY RESOURCE DISASTER RELIEF.</DELETED> <DELETED> (a) Definitions.--In this Act:</DELETED> <DELETED> (1) Allowable cause.--The term ``allowable cause'' means a natural cause, man-made cause, or undetermined cause.</DELETED> <DELETED> (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)).</DELETED> <DELETED> (3) Fishery resource disaster.--The term ``fishery resource disaster'' means a disaster that is determined by the Secretary in accordance with this Act and--</DELETED> <DELETED> (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</DELETED> <DELETED> (B) does not include reasonably predictable, foreseeable, and recurrent fishery resource cycle of variations in species distribution or stock abundance.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (6) Man-made cause.--The term ``man-made cause'' means--</DELETED> <DELETED> (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</DELETED> <DELETED> (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.</DELETED> <DELETED> (7) Natural cause.--The term ``natural cause''-- </DELETED> <DELETED> (A) means a weather or biology-related event, such as--</DELETED> <DELETED> (i) a hurricane;</DELETED> <DELETED> (ii) a flood;</DELETED> <DELETED> (iii) a drought;</DELETED> <DELETED> (iv) El Nino effects on water temperature;

~~or</DELETED> <DELETED> (v) disease;~~

and</DELETED> <DELETED> (B) does not mean a normal or cyclical variation in a species distribution or stock abundance.</DELETED> <DELETED> (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.</DELETED> <DELETED> (9) Secretary.--The term ``Secretary'' means the Secretary of Commerce.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (b) General Authority.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (c) Initiation of a Fishery Resource Disaster Review.-- </DELETED> <DELETED> (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--</DELETED> <DELETED> (A) the Governor of an affected State;</DELETED> <DELETED> (B) an official tribal resolution;

or</DELETED> <DELETED> (C) any other comparable elected or politically appointed representative as determined by the Secretary.</DELETED> <DELETED> (2) Required information.--A complete request for a fishery resource disaster determination under paragraph (1) shall include--</DELETED> <DELETED> (A) identification of all presumed affected fish stocks;</DELETED> <DELETED> (B) identification of the fishery as Federal, non-Federal, or both;</DELETED> <DELETED> (C) the geographical boundaries of the fishery;</DELETED> <DELETED> (D) information on causes of the fishery resource disaster, if known;

and</DELETED> <DELETED> (E) information needed to support a finding of a fishery resource disaster, including-- </DELETED> <DELETED> (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</DELETED> <DELETED> (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.</DELETED> <DELETED> (d) Review Process.--</DELETED> <DELETED> (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-- </DELETED> <DELETED> (A) acknowledges receipt of the request;</DELETED> <DELETED> (B) provides a regional contact within the National Oceanographic and Atmospheric Administration;</DELETED> <DELETED> (C) outlines the process and timeline by which a request shall be considered;

and</DELETED> <DELETED> (D) requests additional information concerning the fishery resource disaster, if the original request is considered incomplete.</DELETED> <DELETED> (2) Evaluation of requests.--</DELETED> <DELETED> (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--</DELETED> <DELETED> (i) the information provided by the requester and any additional information relevant to the fishery, which may include-- </DELETED> <DELETED> (I) fishery characteristics;</DELETED> <DELETED> (II) stock assessments;</DELETED> <DELETED> (III) the most recent fishery independent surveys and other fishery resource assessments and surveys conducted by Federal or State officials;</DELETED> <DELETED> (IV) estimates of mortality;

~~and</DELETED> <DELETED> (V) overall effects;~~

and</DELETED> <DELETED> (ii) the available economic information, which may include an analysis of-- </DELETED> <DELETED> (I) landings data;</DELETED> <DELETED> (II) revenue;</DELETED> <DELETED> (III) the number of participants involved;</DELETED> <DELETED> (IV) the number and type of jobs and persons impacted, which may include--</DELETED> <DELETED> (aa) fishermen;</DELETED> <DELETED> (bb) charter fishing operators;</DELETED> <DELETED> (cc) subsistence users;</DELETED> <DELETED> (dd) United States fish processors;

and</DELETED> <DELETED> (ee) an owner of a related fishery infrastructure or business affected by the disaster;</DELETED> <DELETED> (V) an impacted business, Tribe, or other entity;</DELETED> <DELETED> (VI) the availability of hazard insurance to address financial losses due to a disaster;</DELETED> <DELETED> (VII) other forms of disaster assistance made available to the fishery, including prior awards of disaster assistance;</DELETED> <DELETED> (VIII) the length of time the resource, or access to the resource, has been restricted;</DELETED> <DELETED> (IX) status of recovery from previous fishery resource disasters;

and</DELETED> <DELETED> (X) other appropriate indicators to an affected fishery, as determined by the National Marine Fisheries Service.</DELETED> <DELETED> (B) Time frame.--The Secretary shall complete the review described in subparagraph (A), if the fishing season, applicable to the fishery-- </DELETED> <DELETED> (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</DELETED> <DELETED> (ii) has not concluded, not later than 120 days after the conclusion of the fishing season.</DELETED> <DELETED> (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).</DELETED> <DELETED> (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.</DELETED> <DELETED> (e) Criteria for Determinations.--</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) a natural cause;</DELETED> <DELETED> (B) a man-made cause;

or</DELETED> <DELETED> (C) an undetermined cause.</DELETED> <DELETED> (2) Revenue loss thresholds.--</DELETED> <DELETED> (A) In general.--The Secretary shall apply the following 12-month revenue loss thresholds in determining whether a fishery resource disaster has occurred:</DELETED> <DELETED> (i) Losses greater than 80 percent shall result in a positive determination that a fishery resource disaster has occurred.</DELETED> <DELETED> (ii) Losses between 35 percent and percent shall be evaluated to determine whether a fishery resource disaster has occurred, based on the information provided or analyzed under subsection (d)(2).</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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).</DELETED> <DELETED> (f) Disbursal of Appropriated Funds.--</DELETED> <DELETED> (1) Authorization.--The Secretary shall allocate funds available under subsection (i) for fishery resource disasters.</DELETED> <DELETED> (2) Allocation of appropriated fishery resource disaster assistance.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (B) Extension of deadline.--The Secretary may extend the deadline under subparagraph (A) by 90 days to evaluate and make determinations on eligible requests.</DELETED> <DELETED> (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:</DELETED> <DELETED> (A) Direct economic impacts.</DELETED> <DELETED> (B) Uninsured losses.</DELETED> <DELETED> (C) Losses of subsistence opportunity.</DELETED> <DELETED> (D) Aquaculture operations revenue loss.</DELETED> <DELETED> (E) Direct revenue losses to a fishing community.</DELETED> <DELETED> (F) Other economic impacts.</DELETED> <DELETED> (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:</DELETED> <DELETED> (A) Objectives and outcomes, with an emphasis on addressing the factors contributing to the fishery resource disaster and minimizing future uninsured losses, if applicable.</DELETED> <DELETED> (B) Statement of work.</DELETED> <DELETED> (C) Budget details.</DELETED> <DELETED> (5) Disbursal of funds.--</DELETED> <DELETED> (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).</DELETED> <DELETED> (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.</DELETED> <DELETED> (C) Eligible uses.--</DELETED> <DELETED> (i) In general.--Funds allocated for fishery resources disasters under this section shall prioritize the following uses, which are not in order of priority:</DELETED> <DELETED> (I) Habitat conservation and restoration and other activities that reduce adverse impacts to the fishery.</DELETED> <DELETED> (II) The collection of fishery information and other activities that improve management of the affected fishery.</DELETED> <DELETED> (III) Capacity reduction and other activities that improve management of fishing effort.</DELETED> <DELETED> (IV) Developing, repairing, or improving fishery-related public infrastructure.</DELETED> <DELETED> (V) Job training and economic transition programs.</DELETED> <DELETED> (VI) Public information campaigns on the recovery of the fishery, including marketing.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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).</DELETED> <DELETED> (IX) Other activities that recover or improve management of the affected fishery, as determined by the Secretary.</DELETED> <DELETED> (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.</DELETED> <DELETED> (g) Limitations.--</DELETED> <DELETED> (1) Federal share.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (B) Waiver.--The Secretary may waive the non-Federal share requirements of this section, if the Secretary determines that--</DELETED> <DELETED> (i) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement;

and</DELETED> <DELETED> (ii) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share requirement.</DELETED> <DELETED> (C) Exception.--The Federal share of direct assistance as described in subsection (f)(5)(C)(i)(VIII) shall be equal to 100 percent.</DELETED> <DELETED> (2) Limitations on administrative expenses.-- </DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (3) Fishing capacity reduction program.-- </DELETED> <DELETED> (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.</DELETED> <DELETED> (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--</DELETED> <DELETED> (i) prohibit the vessel from being used for fishing;

and</DELETED> <DELETED> (ii) require that the vessel be-- </DELETED> <DELETED> (I) scrapped or otherwise disposed of in a manner approved by the Secretary;</DELETED> <DELETED> (II) donated to a nonprofit organization and thereafter used only for purposes of research, education, or training;

or</DELETED> <DELETED> (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.</DELETED> <DELETED> (4) No fishery endorsement.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (B) Noneffective.--A fishery endorsement for a vessel described in subparagraph (A) shall not be effective.</DELETED> <DELETED> (C) No sale.--A vessel described in subparagraph (A) shall not sold to a foreign owner or reflagged.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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).</DELETED> <DELETED> (i) Authorization of Appropriations.--</DELETED> <DELETED> (1) Authorization.--There are authorized to be appropriated to carry out this section such sums as may be necessary.</DELETED> <DELETED> (2) Availability of funds.--Amounts appropriated under this section shall remain available until expended.</DELETED> <DELETED> (3) Tax exempt status.--The Fisheries Disasters Fund appropriated under this Act shall be a tax exempt fund.</DELETED> <DELETED> (4) Supplemental appropriations.--The Secretary may use any supplemental appropriations that are available to carry out this section.</DELETED> <DELETED>SEC.

~~MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.</DELETED> <DELETED> (a) In General.--The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.~~

~~1801 et seq.) is amended--</DELETED> <DELETED> (1) in section 307(1)(R), by striking ``section 312(b)(2)'' and inserting ``section 312(a)(2)'';~~

and</DELETED> <DELETED> (2) in section 312--</DELETED> <DELETED> (A) by striking subsection (a);</DELETED> <DELETED> (B) by redesignating subsections (b) through (e) as subsections (a) through (d), respectively;</DELETED> <DELETED> (C) in subsection (b), as redesignated by clause (ii)--</DELETED> <DELETED> (i) in paragraph (1)(C), by striking ``subsection (d)'' and inserting ``subsection (c)'';

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and</DELETED> <DELETED> (ii) in paragraph (2), by striking ``subsection (d)'' and inserting ``subsection (c)''.</DELETED> <DELETED> (b) Repeal.--Section 315 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

~~1864) is repealed.</DELETED> <DELETED>SEC.~~

~~INTERJURISDICTIONAL FISHERIES ACT OF 1986.</DELETED> <DELETED> (a) Repeal.--Section 308 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.~~

~~4107) is repealed.</DELETED> <DELETED> (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)''.</DELETED> SECTION 1.~~

``(C) Fishery resource disaster.--The term `fishery resource disaster' means a disaster that is determined by the Secretary in accordance with this subsection and-- ``(i) is an unexpected 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 and results in significant revenue or subsistence loss due to an allowable cause;

``(F) 12-month revenue loss.--The term `12-month revenue loss' means the percentage ~~reduction~~reduction, as applicable, in commercial, charter, headboat, ~~and~~or processor revenue for the 12 months during which the fishery resource disaster ~~period~~occurred, ~~that~~ is ~~due~~ to ~~the~~ ~~fishery~~ ~~resource~~ ~~disaster,~~ when compared to average annual revenue in the most recent ~~5-year~~5 ~~period~~years when no fishery resource disaster occurred or equivalent for stocks with cyclical life histories.

``(B) 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~~for ~~paragraph~~such ~~(9)~~purposes, ~~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.

and ``(v) information needed to support a finding of a fishery resource disaster, including-- ``(I) information demonstrating the occurrence of an 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;

``(II) 12-month revenue loss or subsistence loss for the affected ~~Federal~~ fishery, or if a fishery resource disaster has occurred at any time in the previous 5-year period, anthe ~~appropriate~~most ~~time~~recent ~~frame~~5 asyears ~~determined~~when byno ~~the~~fishery ~~Secretary;~~resource disaster occurred;

``(III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw fish ~~tax;~~tax and local sourcing requirements;

and ``(IV) if ~~applicable,~~applicable and available, information on 12-month revenue loss for charter, headboat, or processors related to the information provided under subclause (I), subject to section 402(b).

``(C) Assistance.--The Secretary may provide ~~assistance,~~data ~~data,~~ and analysis assistance to an eligible requester described in paragraph (1), ifif-- so``(i) ~~requested~~ ~~and~~ the ~~data~~assistance is ~~not~~so ~~available~~requested; to ~~the~~ ~~requester,~~ in ~~carrying~~ ~~out~~ ~~the~~ ~~complete~~ ~~request~~ ~~under~~ ~~subparagraph~~ ~~(A).~~

``(ii) the Secretary is in possession of the required information described in subparagraph (B);

and ``(iii) the data is not available to the requester, in carrying out the complete request under subparagraph (B).

``(D) Initiation of review.--The Secretary shall have the discretion to initiate a fishery resource disaster review without a request.

``(ff) another ~~impacted~~forms ~~business~~of ordisaster ~~other~~assistance ~~entity;~~made available to the fishery, including prior awards of disaster assistance for the same event;

``(gg) the ~~availability~~length of ~~hazard~~time ~~insurance~~the toresource, ~~address~~or ~~financial~~access ~~losses~~to ~~due~~the toresource, ahas ~~disaster;~~been restricted;

``(hh) ~~other~~status ~~forms~~ of ~~disaster~~recovery ~~assistance~~from ~~made~~previous ~~available~~fishery toresource ~~the~~disasters; ~~fishery,~~ ~~including~~ ~~prior~~ ~~awards~~ of ~~disaster~~ ~~assistance~~ ~~for~~ ~~the~~ ~~same~~ ~~event;~~

``(ii) ~~the~~lost ~~length~~resource oftax ~~time~~revenues ~~the~~assessed ~~resource,~~by orlocal ~~access~~communities, tosuch ~~the~~as ~~resource,~~a ~~has~~raw ~~been~~fish ~~restricted;~~tax;

and ``(jj) ~~status~~other ofappropriate ~~recovery~~indicators ~~from~~to ~~previous~~an ~~fishery~~affected ~~resource~~fishery, ~~disasters;~~as determined by the National Marine Fisheries Service.

~~``(kk) lost resource tax revenues assessed by local communities, such as a raw fish tax;~~

~~and ``(ll) other appropriate indicators to an affected fishery, as determined by the National Marine Fisheries Service.~~

or ``(III) ~~has~~is ~~not~~expected ~~been~~to ~~opened,~~be closed for the entire fishing season, not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determination.

``(B) Revenue loss thresholds.-- ``(i) In ~~general.--The~~general.--Based on the information provided or analyzed under paragraph (4)(B), the Secretary shall apply the following ~~12-month~~12- month revenue loss thresholds in determining whether a fishery resource disaster has occurred:

``(I) Losses greater than 80 percent ~~shall~~may result in a positive determination that a fishery resource disaster has ~~occurred.~~occurred, based on the information provided or analyzed under paragraph (4)(B).

``(II) Losses between 35 percent and 80 percent shall be evaluated to determine whether aeconomic ~~fishery~~impacts ~~resource~~are ~~disaster~~severe ~~has~~enough ~~occurred,~~to ~~based~~declare onthat ~~the~~a ~~information~~fishery ~~provided~~resource ordisaster ~~analyzed~~has ~~under~~occurred. ~~paragraph~~ ~~(4)(B).~~

``(III) Losses less than 35 percent shall not be eligible for a determination that a fishery resource disaster has ~~occurred,~~occurred. ~~except~~ ~~where~~ ~~the~~ ~~Secretary~~ ~~determines~~ ~~there~~ ~~are~~ ~~extenuating~~ ~~circumstances~~ ~~that~~ ~~justify~~ ~~using~~ a ~~lower~~ ~~threshold~~ in ~~making~~ ~~the~~ ~~determination.~~

``(iii) Subsistence ~~uses.--In~~loss.--In ~~making~~considering asubsistence ~~determination~~loss, ofthe ~~whether~~Secretary ashall ~~fishery~~evaluate ~~resource~~the ~~disaster~~severity ~~has~~of ~~occurred,~~loss to the ~~Secretary~~fishing ~~may~~community ~~consider~~instead of applying the revenue loss ofthresholds ~~subsistence~~described ~~opportunity,~~in ~~where~~clause ~~appropriate.~~(i).

``(D) 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~~request. or ~~without~~ ~~conducting~~ ~~the~~ ~~required~~ ~~analyses~~ in ~~subparagraphs~~ ~~(A)~~ ~~and~~ ~~(B).~~

``(B) Allocation of appropriated fishery resource disaster assistance.-- ``(i) Notification of funding availability.--When there are appropriated funds for 1 or more fishery resource disasters, the Secretary shall ~~notify~~notify-- ~~the~~``(I) ~~public~~ ~~and~~ ~~representatives~~ of ~~affected~~ ~~fishing~~ ~~communities~~ ~~with~~ a ~~positive~~ ~~disaster~~ ~~determination~~ ~~that~~ is ~~unfunded~~ of the ~~allocation~~public; ~~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.~~

and ``(II) representatives of affected fishing communities with a positive disaster determination that is unfunded;

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.

``(E) Regional ~~contact.--The~~contact.--If so requested, the Secretary shall provide a regional contact within the National Oceanic and Atmospheric Administration to facilitate review of spend plans and disbursal of funds.

``(F) Disbursal of funds.-- ``(i) Availability.--Funds shall be ~~disbursed~~made available to grantees not later than 90 days after the date the Secretary receives a complete spend ~~plan~~plan. ~~under~~ ~~subparagraph~~ ~~(D).~~

``(iii) Eligible uses.-- ``(I) In general.--Funds allocated for fishery resources disasters under this subsection shall restore the fishery affected by such a disaster, prevent a similar disaster in the future, or assist the affected fishing community, and shall prioritize the following uses, which are not in order of priority:

``(ee) ~~Job~~Direct ~~training~~assistance ~~and~~to a person, fishing community (including assistance for lost fisheries resource levies), or a business to alleviate economic ~~transition~~loss ~~programs.~~incurred as a direct result of a fishery resource disaster, particularly when affected by a circumstance described in paragraph (5)(D).

``(ff) ~~Public~~Hatcheries ~~information~~and ~~campaigns~~stock onenhancement ~~the~~to ~~recovery~~help ofrebuild the ~~fishery,~~affected ~~including~~stock ~~marketing.~~or offset fishing pressure on the affected stock.

~~``(gg)~~``(II) ~~For~~Displaced ~~any~~fishery ~~purpose~~employees.--Where ~~that~~appropriate, individuals carrying out the ~~Secretary~~activities ~~determines~~described isin ~~appropriate~~items to(aa) ~~restore~~through ~~the~~(dd) ~~fishery~~of ~~affected~~subclause by(I) ~~such~~shall abe ~~disaster~~individuals who are, or towere, ~~prevent~~employed in a ~~similar~~commercial, ~~disaster~~charter, inor Tribal fishery for which the ~~future.~~Secretary has determined that a fishery resource disaster has occurred.

~~``(hh)~~``(7) ~~Direct~~Limitations.-- ~~assistance~~``(A) toFederal ashare.-- ~~person,~~``(i) ~~fishing~~In ~~community~~general.--Except ~~(including~~as ~~assistance~~provided ~~for~~in ~~lost~~clauses ~~fisheries~~(ii) ~~resource~~and ~~levies),~~(iii), orthe aFederal ~~business~~share toof ~~alleviate~~the ~~economic~~cost ~~loss~~of ~~incurred~~any asactivity acarried ~~direct~~out ~~result~~under ofthe aauthority ~~fishery~~of ~~resource~~this ~~disaster,~~subsection ~~particularly~~shall ~~when~~not ~~affected~~exceed bypercent aof ~~circumstance~~the ~~described~~cost inof ~~paragraph~~that ~~(5)(D).~~activity.

~~``(ii) Appropriate economic and other incentives to encourage commercial fishermen to return to the fishery once it has recovered from the disaster.~~

~~``(jj) Hatcheries and stock enhancement to help rebuild the affected stock or offset fishing pressure on the affected stock.~~

~~``(kk) 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 items (aa) through (ff) of subclause (I) shall be individuals who are, or were, employed in a commercial, 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 authority of this subsection shall not exceed 75 percent of the cost of that activity.

``(iii) Exception.--The Federal share ofshall ~~direct~~be ~~assistance~~equal asto ~~described~~100 percent in ~~paragraph~~the ~~(6)(F)(iii)(I)(hh)~~case ~~shall~~of-- be``(I) ~~equal~~direct toassistance ~~100~~as ~~percent.~~described in paragraph (6)(F)(iii)(I)(hh);

or ``(II) assistance to subsistence or Tribal fisheries.

``(ii) Assistance conditions.--As a condition of providing assistance under this subsection with respect to a vessel under a fishing capacity reduction program, the Secretary shall-- ``(I) prohibit the vessel from being used for ~~fishing;~~fishing in Federal, State, or international waters;

``(9) Authorization of ~~appropriations.--~~appropriations.--There ~~``(A)~~ ~~Authorization.--There~~ are authorized to be appropriated to carry out this subsection ~~such~~$377,000,000 ~~sums~~for asthe ~~may~~period beof ~~necessary.~~fiscal years 2021 through 2026.''.

~~``(B) Availability of funds.--Amounts appropriated under this subsection shall remain available until expended.~~

~~``(C) Tax exempt status.--The Fisheries Disaster Fund appropriated under this subsection shall be a tax exempt fund.''.~~

~~(c)~~Passed ~~Report~~ on ~~Efforts~~ to ~~Prepare~~ ~~and~~ ~~Adapt~~ ~~United~~ ~~States~~ ~~Fishery~~ ~~Management~~ ~~for~~ the ~~Impacts~~Senate ofDecember ~~Climate~~20, ~~Change.--~~2020. ~~(1)~~ In ~~general.--Not~~ ~~later~~ ~~than~~ 2 ~~years~~ ~~after~~ ~~the~~ ~~date~~ of ~~enactment~~ of ~~this~~ ~~Act,~~ ~~the~~ ~~Comptroller~~ ~~General~~ of ~~the~~ ~~United~~ ~~States~~ ~~shall~~ ~~submit~~ a ~~report~~ to ~~Congress~~ ~~examining~~ ~~efforts~~ by ~~the~~ ~~Regional~~ ~~Fishery~~ ~~Management~~ ~~Councils,~~ ~~the~~ ~~Atlantic~~ ~~States~~ ~~Marine~~ ~~Fisheries~~ ~~Commission,~~ ~~and~~ ~~the~~ ~~National~~ ~~Marine~~ ~~Fisheries~~ ~~Service~~ to ~~prepare~~ ~~and~~ ~~adapt~~ to ~~the~~ ~~impacts~~ of ~~climate~~ ~~change.~~

~~(2)~~Attest: ~~Contents~~ of ~~study.--The~~ ~~report~~ ~~required~~ ~~under~~ ~~paragraph~~ ~~(1)~~ ~~shall~~ ~~include--~~ ~~(A)~~ an ~~examination~~ of ~~current~~ or ~~previous~~ ~~efforts~~ ~~(including~~ ~~the~~ ~~2016~~ ~~GAO~~ ~~Report~~ on ~~Federal~~ ~~Fisheries~~ ~~Management~~ ), ~~and~~ ~~whether~~ ~~those~~ ~~efforts~~ ~~have~~ ~~resulted~~ in ~~changes~~ to ~~management,~~ by ~~the~~ ~~Regional~~ ~~Fishery~~ ~~Management~~ ~~Councils,~~ ~~the~~ ~~Atlantic~~ ~~States~~ ~~Marine~~ ~~Fisheries~~ ~~Commission,~~ ~~and~~ ~~the~~ ~~National~~ ~~Marine~~ ~~Fisheries~~ ~~Service~~ to ~~prepare~~ ~~and~~ ~~adapt~~ ~~Federal~~ ~~and~~ ~~jointly~~ ~~managed~~ ~~fisheries~~ ~~for~~ ~~the~~ ~~impacts~~ of ~~climate~~ ~~change;~~

~~(B)~~Secretary. an ~~examination~~ of ~~any~~ ~~guidance~~ ~~issued~~ to ~~the~~ ~~Regional~~ ~~Fishery~~ ~~Management~~ ~~Councils~~ by ~~the~~ ~~National~~ ~~Marine~~ ~~Fisheries~~ ~~Service~~ to ~~prepare~~ ~~and~~ ~~adapt~~ ~~Federal~~ ~~fishery~~ ~~management~~ ~~for~~ ~~the~~ ~~impacts~~ of ~~climate~~ ~~change~~ ~~and~~ ~~whether~~ ~~and~~ ~~how~~ ~~that~~ ~~guidance~~ ~~has~~ ~~been~~ ~~utilized;~~

~~(C)~~116th ~~identification~~CONGRESS of2d ~~and~~Session ~~recommendations~~S. ~~for~~ ~~how~~ ~~best~~ to ~~address~~ ~~the~~ ~~most~~ ~~significant~~ ~~economic,~~ ~~social,~~ ~~ecological,~~ or ~~other~~ ~~knowledge~~ ~~gaps,~~ as ~~well~~ as ~~key~~ ~~funding~~ ~~gaps,~~ ~~that~~ ~~would~~ ~~increase~~ ~~the~~ ~~ability~~ of ~~the~~ ~~Regional~~ ~~Fishery~~ ~~Management~~ ~~Councils,~~ ~~the~~ ~~Atlantic~~ ~~States~~ ~~Marine~~ ~~Fisheries~~ ~~Commission,~~ or ~~the~~ ~~National~~ ~~Marine~~ ~~Fisheries~~ ~~Service~~ to ~~prepare~~ ~~and~~ ~~adapt~~ ~~fishery~~ ~~management~~ ~~for~~ ~~the~~ ~~impacts~~ of ~~climate~~ ~~change;~~

~~(D)~~2346 ~~recommendations~~_______________________________________________________________________ ~~for~~AN ~~how~~ACT ~~the~~To ~~Regional~~improve ~~Fishery~~ ~~Management~~ ~~Councils,~~ the ~~Atlantic~~Fishery ~~States~~Resource ~~Marine~~Disaster ~~Fisheries~~Relief ~~Commission,~~program ~~and~~of the National Marine Fisheries ~~Service~~Service, ~~can~~ ~~better~~ ~~adapt~~ ~~fishery~~ ~~management~~ and ~~prepare~~ ~~associated~~ ~~fishing~~ ~~industries~~ ~~and~~ ~~dependent~~ ~~communities~~ for ~~the~~other ~~impacts~~purposes. of ~~climate~~ ~~change;~~

and (E) recommendations for how to enhance the capacity of the National Marine Fisheries Service to monitor climate-related changes to fisheries and marine ecosystems, to understand the mechanisms of change, to evaluate risks and priorities, to provide forecasts and projections of future conditions, to communicate scientific advice, and to better manage fisheries under changing conditions due to climate change.

~~Calendar No.~~

~~586 116th CONGRESS 2d Session S.~~

~~2346 [Report No.~~

116-293] _______________________________________________________________________ A BILL To improve the Fishery Resource Disaster Relief program of the National Marine Fisheries Service, and for other purposes.

~~_______________________________________________________________________ November 16, 2020 Reported with an amendment~~

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2346 ~~Reported~~ in Senate ~~(RS)]~~ <DOC> ~~Calendar~~ ~~No.~~

2346 Engrossed in Senate (ES)] <DOC> 116th CONGRESS 2d Session S.

~~586~~ ~~116th~~ ~~CONGRESS~~ 2d ~~Session~~ S.

2346 _______________________________________________________________________ AN ACT To improve the Fishery Resource Disaster Relief program of the National Marine Fisheries Service, and for other purposes.

~~2346~~ ~~[Report~~ ~~No.~~

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

~~116-293] 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 (for himself, Ms.~~

~~Cantwell, Mr.~~

~~Sullivan, Ms.~~

~~Murkowski, and Mr.~~

~~Cassidy) introduced the following bill;~~

~~which was read twice and referred to the Committee on Commerce, Science, and Transportation November 16, 2020 Reported by Mr.~~

~~Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.~~

~~SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Fishery Failures:~~

~~Urgently Needed Disaster Declarations Act''.</DELETED> <DELETED>SEC.~~

~~or</DELETED> <DELETED> (v) disease;~~

~~and</DELETED> <DELETED> (V) overall effects;~~

~~MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.</DELETED> <DELETED> (a) In General.--The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.~~

~~1801 et seq.) is amended--</DELETED> <DELETED> (1) in section 307(1)(R), by striking ``section 312(b)(2)'' and inserting ``section 312(a)(2)'';~~

Show all 104 changed rows (64 more)

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~~1864) is repealed.</DELETED> <DELETED>SEC.~~

~~INTERJURISDICTIONAL FISHERIES ACT OF 1986.</DELETED> <DELETED> (a) Repeal.--Section 308 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.~~

~~4107) is repealed.</DELETED> <DELETED> (b) Technical Edit.--Section 3(k)(1) of the Small Business Act (15 U.S.C.~~

~~Urgently Needed Disaster Declarations Act)''.</DELETED> SECTION 1.~~

``(C) Fishery resource disaster.--The term `fishery resource disaster' means a disaster that is determined by the Secretary in accordance with this subsection and-- ``(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;

``(F) 12-month revenue loss.--The term `12-month revenue loss' means the percentage ~~reduction~~ in commercial, charter, headboat, ~~and~~ processor revenue for the 12 months during the fishery resource disaster ~~period~~ ~~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.

``(F) 12-month revenue loss.--The term `12-month revenue loss' means the percentage reduction, as applicable, in commercial, charter, headboat, or processor revenue for the 12 months during which the fishery resource disaster occurred, when compared to average annual revenue in the most recent 5 years when no fishery resource disaster occurred or equivalent for stocks with cyclical life histories.

``(B) 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~~ ~~paragraph~~ ~~(9)~~ ~~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.

``(B) 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 for such purposes, 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.

and ``(v) information needed to support a finding of a fishery resource disaster, including-- ``(I) information demonstrating the occurrence of an unexpected 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;

``(II) 12-month revenue loss or subsistence loss for the affected ~~Federal~~ 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;~~

``(II) 12-month revenue loss or subsistence loss for the affected fishery, or if a fishery resource disaster has occurred at any time in the previous 5-year period, the most recent 5 years when no fishery resource disaster occurred;

``(III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw fish ~~tax;~~

``(III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw fish tax and local sourcing requirements;

and ``(IV) if ~~applicable,~~ information on 12-month revenue loss for processors related to the information provided under subclause (I), subject to section 402(b).

and ``(IV) if applicable and available, information on 12-month revenue loss for charter, headboat, or processors related to the information provided under subclause (I), subject to section 402(b).

``(C) Assistance.--The Secretary may provide ~~assistance,~~ ~~data,~~ and analysis to an eligible requester described in paragraph (1), if so ~~requested~~ ~~and~~ the ~~data~~ is ~~not~~ ~~available~~ to ~~the~~ ~~requester,~~ in ~~carrying~~ ~~out~~ ~~the~~ ~~complete~~ ~~request~~ ~~under~~ ~~subparagraph~~ ~~(A).~~

``(C) Assistance.--The Secretary may provide data and analysis assistance to an eligible requester described in paragraph (1), if-- ``(i) the assistance is so requested;

``(ii) the Secretary is in possession of the required information described in subparagraph (B);

and ``(iii) the data is not available to the requester, in carrying out the complete request under subparagraph (B).

``(D) Initiation of review.--The Secretary shall have the discretion to initiate a fishery resource disaster review without a request.

``(ff) an ~~impacted~~ ~~business~~ or ~~other~~ ~~entity;~~

``(ff) other forms of disaster assistance made available to the fishery, including prior awards of disaster assistance for the same event;

``(gg) the ~~availability~~ of ~~hazard~~ ~~insurance~~ to ~~address~~ ~~financial~~ ~~losses~~ ~~due~~ to a ~~disaster;~~

``(gg) the length of time the resource, or access to the resource, has been restricted;

``(hh) ~~other~~ ~~forms~~ of ~~disaster~~ ~~assistance~~ ~~made~~ ~~available~~ to ~~the~~ ~~fishery,~~ ~~including~~ ~~prior~~ ~~awards~~ of ~~disaster~~ ~~assistance~~ ~~for~~ ~~the~~ ~~same~~ ~~event;~~

``(hh) status of recovery from previous fishery resource disasters;

``(ii) ~~the~~ ~~length~~ of ~~time~~ ~~the~~ ~~resource,~~ or ~~access~~ to ~~the~~ ~~resource,~~ ~~has~~ ~~been~~ ~~restricted;~~

``(ii) lost resource tax revenues assessed by local communities, such as a raw fish tax;

``(jj) ~~status~~ of ~~recovery~~ ~~from~~ ~~previous~~ ~~fishery~~ ~~resource~~ ~~disasters;~~

and ``(jj) other appropriate indicators to an affected fishery, as determined by the National Marine Fisheries Service.

~~``(kk) lost resource tax revenues assessed by local communities, such as a raw fish tax;~~

~~and ``(ll) other appropriate indicators to an affected fishery, as determined by the National Marine Fisheries Service.~~

or ``(III) ~~has~~ ~~not~~ ~~been~~ ~~opened,~~ not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determination.

or ``(III) is expected to be closed for the entire fishing season, not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determination.

``(B) Revenue loss thresholds.-- ``(i) In ~~general.--The~~ Secretary shall apply the following ~~12-month~~ revenue loss thresholds in determining whether a fishery resource disaster has occurred:

``(B) Revenue loss thresholds.-- ``(i) In general.--Based on the information provided or analyzed under paragraph (4)(B), 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.~~

``(I) Losses greater than 80 percent may result in a positive determination that a fishery resource disaster has occurred, based on the information provided or analyzed under paragraph (4)(B).

``(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~~ ~~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 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.~~

``(III) Losses less than 35 percent shall not be eligible for a determination that a fishery resource disaster has occurred.

``(iii) Subsistence ~~uses.--In~~ ~~making~~ a ~~determination~~ of ~~whether~~ a ~~fishery~~ ~~resource~~ ~~disaster~~ ~~has~~ ~~occurred,~~ the ~~Secretary~~ ~~may~~ ~~consider~~ loss of ~~subsistence~~ ~~opportunity,~~ ~~where~~ ~~appropriate.~~

``(iii) Subsistence loss.--In considering 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).

``(D) 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 ~~subparagraphs~~ ~~(A)~~ ~~and~~ ~~(B).~~

``(B) Allocation of appropriated fishery resource disaster assistance.-- ``(i) Notification of funding availability.--When there are appropriated funds for 1 or more fishery resource disasters, the Secretary shall ~~notify~~ ~~the~~ ~~public~~ ~~and~~ ~~representatives~~ of ~~affected~~ ~~fishing~~ ~~communities~~ ~~with~~ a ~~positive~~ ~~disaster~~ ~~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.~~

and ``(II) representatives of affected fishing communities with a positive disaster determination that is unfunded;

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.

``(E) Regional ~~contact.--The~~ Secretary shall provide a regional contact within the National Oceanic and Atmospheric Administration to facilitate review of spend plans and disbursal of funds.

``(E) Regional contact.--If so requested, the Secretary shall provide a regional contact within the National 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).~~

``(F) Disbursal of funds.-- ``(i) Availability.--Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan.

``(iii) Eligible uses.-- ``(I) In general.--Funds allocated for fishery resources disasters under this subsection shall prioritize the following uses, which are not in order of priority:

``(ee) ~~Job~~ ~~training~~ ~~and~~ economic ~~transition~~ ~~programs.~~

``(ee) Direct assistance to a person, fishing community (including assistance for lost fisheries resource levies), 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 paragraph (5)(D).

``(ff) ~~Public~~ ~~information~~ ~~campaigns~~ on ~~the~~ ~~recovery~~ of the ~~fishery,~~ ~~including~~ ~~marketing.~~

``(ff) Hatcheries and stock enhancement to help rebuild the affected stock or offset fishing pressure on the affected stock.

~~``(gg)~~ ~~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.~~

``(II) Displaced fishery employees.--Where appropriate, individuals carrying out the activities described in items (aa) through (dd) of subclause (I) shall be individuals who are, or were, employed in a commercial, charter, or Tribal fishery for which the Secretary has determined that a fishery resource disaster has occurred.

~~``(hh)~~ ~~Direct~~ ~~assistance~~ to a ~~person,~~ ~~fishing~~ ~~community~~ ~~(including~~ ~~assistance~~ ~~for~~ ~~lost~~ ~~fisheries~~ ~~resource~~ ~~levies),~~ 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 ~~paragraph~~ ~~(5)(D).~~

``(7) Limitations.-- ``(A) Federal share.-- ``(i) In general.--Except as provided in clauses (ii) and (iii), the Federal share of the cost of any activity carried out under the authority of this subsection shall not exceed percent of the cost of that activity.

~~``(ii) Appropriate economic and other incentives to encourage commercial fishermen to return to the fishery once it has recovered from the disaster.~~

~~``(jj) Hatcheries and stock enhancement to help rebuild the affected stock or offset fishing pressure on the affected stock.~~

~~``(kk) Other activities that recover or improve management of the affected fishery, as determined by the Secretary.~~

``(iii) Exception.--The Federal share of ~~direct~~ ~~assistance~~ as ~~described~~ in ~~paragraph~~ ~~(6)(F)(iii)(I)(hh)~~ ~~shall~~ be ~~equal~~ to ~~100~~ ~~percent.~~

``(iii) Exception.--The Federal share shall be equal to 100 percent in the case of-- ``(I) direct assistance as described in paragraph (6)(F)(iii)(I)(hh);

or ``(II) assistance to subsistence or Tribal fisheries.

``(ii) Assistance conditions.--As a condition of providing assistance under this subsection with respect to a vessel under a fishing capacity reduction program, the Secretary shall-- ``(I) prohibit the vessel from being used for fishing in Federal, State, or international waters;

``(9) Authorization of ~~appropriations.--~~ ~~``(A)~~ ~~Authorization.--There~~ are authorized to be appropriated to carry out this subsection ~~such~~ ~~sums~~ as ~~may~~ be ~~necessary.~~

``(9) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $377,000,000 for the period of fiscal years 2021 through 2026.''.

~~``(B) Availability of funds.--Amounts appropriated under this subsection shall remain available until expended.~~

~~``(C) Tax exempt status.--The Fisheries Disaster Fund appropriated under this subsection shall be a tax exempt fund.''.~~

~~(c)~~ ~~Report~~ on ~~Efforts~~ to ~~Prepare~~ ~~and~~ ~~Adapt~~ ~~United~~ ~~States~~ ~~Fishery~~ ~~Management~~ ~~for~~ the ~~Impacts~~ of ~~Climate~~ ~~Change.--~~ ~~(1)~~ In ~~general.--Not~~ ~~later~~ ~~than~~ 2 ~~years~~ ~~after~~ ~~the~~ ~~date~~ of ~~enactment~~ of ~~this~~ ~~Act,~~ ~~the~~ ~~Comptroller~~ ~~General~~ of ~~the~~ ~~United~~ ~~States~~ ~~shall~~ ~~submit~~ a ~~report~~ to ~~Congress~~ ~~examining~~ ~~efforts~~ by ~~the~~ ~~Regional~~ ~~Fishery~~ ~~Management~~ ~~Councils,~~ ~~the~~ ~~Atlantic~~ ~~States~~ ~~Marine~~ ~~Fisheries~~ ~~Commission,~~ ~~and~~ ~~the~~ ~~National~~ ~~Marine~~ ~~Fisheries~~ ~~Service~~ to ~~prepare~~ ~~and~~ ~~adapt~~ to ~~the~~ ~~impacts~~ of ~~climate~~ ~~change.~~

Passed the Senate December 20, 2020.

~~(2)~~ ~~Contents~~ of ~~study.--The~~ ~~report~~ ~~required~~ ~~under~~ ~~paragraph~~ ~~(1)~~ ~~shall~~ ~~include--~~ ~~(A)~~ an ~~examination~~ of ~~current~~ or ~~previous~~ ~~efforts~~ ~~(including~~ ~~the~~ ~~2016~~ ~~GAO~~ ~~Report~~ on ~~Federal~~ ~~Fisheries~~ ~~Management~~ ), ~~and~~ ~~whether~~ ~~those~~ ~~efforts~~ ~~have~~ ~~resulted~~ in ~~changes~~ to ~~management,~~ by ~~the~~ ~~Regional~~ ~~Fishery~~ ~~Management~~ ~~Councils,~~ ~~the~~ ~~Atlantic~~ ~~States~~ ~~Marine~~ ~~Fisheries~~ ~~Commission,~~ ~~and~~ ~~the~~ ~~National~~ ~~Marine~~ ~~Fisheries~~ ~~Service~~ to ~~prepare~~ ~~and~~ ~~adapt~~ ~~Federal~~ ~~and~~ ~~jointly~~ ~~managed~~ ~~fisheries~~ ~~for~~ ~~the~~ ~~impacts~~ of ~~climate~~ ~~change;~~

Attest:

~~(B)~~ an ~~examination~~ of ~~any~~ ~~guidance~~ ~~issued~~ to ~~the~~ ~~Regional~~ ~~Fishery~~ ~~Management~~ ~~Councils~~ by ~~the~~ ~~National~~ ~~Marine~~ ~~Fisheries~~ ~~Service~~ to ~~prepare~~ ~~and~~ ~~adapt~~ ~~Federal~~ ~~fishery~~ ~~management~~ ~~for~~ ~~the~~ ~~impacts~~ of ~~climate~~ ~~change~~ ~~and~~ ~~whether~~ ~~and~~ ~~how~~ ~~that~~ ~~guidance~~ ~~has~~ ~~been~~ ~~utilized;~~

Secretary.

~~(C)~~ ~~identification~~ of ~~and~~ ~~recommendations~~ ~~for~~ ~~how~~ ~~best~~ to ~~address~~ ~~the~~ ~~most~~ ~~significant~~ ~~economic,~~ ~~social,~~ ~~ecological,~~ or ~~other~~ ~~knowledge~~ ~~gaps,~~ as ~~well~~ as ~~key~~ ~~funding~~ ~~gaps,~~ ~~that~~ ~~would~~ ~~increase~~ ~~the~~ ~~ability~~ of ~~the~~ ~~Regional~~ ~~Fishery~~ ~~Management~~ ~~Councils,~~ ~~the~~ ~~Atlantic~~ ~~States~~ ~~Marine~~ ~~Fisheries~~ ~~Commission,~~ or ~~the~~ ~~National~~ ~~Marine~~ ~~Fisheries~~ ~~Service~~ to ~~prepare~~ ~~and~~ ~~adapt~~ ~~fishery~~ ~~management~~ ~~for~~ ~~the~~ ~~impacts~~ of ~~climate~~ ~~change;~~

116th CONGRESS 2d Session S.

~~(D)~~ ~~recommendations~~ ~~for~~ ~~how~~ ~~the~~ ~~Regional~~ ~~Fishery~~ ~~Management~~ ~~Councils,~~ the ~~Atlantic~~ ~~States~~ ~~Marine~~ ~~Fisheries~~ ~~Commission,~~ ~~and~~ the National Marine Fisheries ~~Service~~ ~~can~~ ~~better~~ ~~adapt~~ ~~fishery~~ ~~management~~ and ~~prepare~~ ~~associated~~ ~~fishing~~ ~~industries~~ ~~and~~ ~~dependent~~ ~~communities~~ for ~~the~~ ~~impacts~~ of ~~climate~~ ~~change;~~

~~Calendar No.~~

~~586 116th CONGRESS 2d Session S.~~

~~2346 [Report No.~~

~~_______________________________________________________________________ November 16, 2020 Reported with an amendment~~

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Engrossed Engrossed in Senate Current html December 20, 2020
Reported Reported to Senate html November 16, 2020
Introduced Introduced in Senate html July 30, 2019

Action History

July 30, 2019
Introduced in Senate
July 30, 2019
Read twice and referred to the Committee on Commerce, Science, and Transportation.
November 13, 2019
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
November 16, 2020
Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with an amendment in the nature of a substitute. With written report No. 116-293.
November 16, 2020
Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with an amendment in the nature of a substitute. With written report No. 116-293.
November 16, 2020
Placed on Senate Legislative Calendar under General Orders. Calendar No. 586.
December 20, 2020
Measure laid before Senate by unanimous consent. (consideration: CR S7868-7871; text: CR S7868-7871)
December 20, 2020
The committee substitute withdrawn by Unanimous Consent.
December 20, 2020
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.(text of amendment in the nature of a substitute: CR S7878-7880)
December 20, 2020
Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S7878-7880)
December 21, 2020
Message on Senate action sent to the House.
December 21, 2020
Received in the House.
December 21, 2020
Held at the desk.

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Wicker, Roger F. Republican

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

environment agriculture

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Frequently asked questions

Who sponsors S 2346?: S 2346 is sponsored by Wicker, Roger F. (Republican).
What is the current status of S 2346?: This bill died with 116th Congress. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 2346?: Track S 2346 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: S 2346
Jurisdiction: United States
Session: 116th Congress
Type: Bill
Introduced: July 30, 2019
Status: Passed Senate
Prime sponsor: Wicker, Roger F.

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