[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5548 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5548
To improve the Fishery Resource Disaster Relief program of the National
Marine Fisheries Service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2020
Mr. Huffman (for himself, Mr. Palazzo, Mr. Kilmer, and Ms. Herrera
Beutler) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To improve the Fishery Resource Disaster Relief program of the National
Marine Fisheries Service, and for other purposes.
Be it enacted by the Senate and House of 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.
Section 312(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(a)) is amended to read as follows:
``(a) Fishery Resource Disaster Relief.--
``(1) Definitions.--In this subsection:
``(A) Allowable cause.--The term `allowable cause'
means a natural cause, discrete anthropogenic cause, or
undetermined cause.
``(B) Anthropogenic cause.--The term `anthropogenic
cause' means an anthropogenic event, such as an oil
spill or spillway opening--
``(i) that could not have been addressed or
prevented by fishery management measures; and
``(ii) 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.
``(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; and
``(ii) does not include--
``(I) reasonably predictable,
foreseeable, and recurrent fishery
cyclical variations in species
distribution or stock abundance; or
``(II) reductions in fishing
opportunities resulting from
conservation and management measures
taken pursuant to this Act.
``(D) 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.
``(E) Natural cause.--The term `natural cause'--
``(i) means a weather, climatic, hazard, or
biology-related event, such as--
``(I) a hurricane;
``(II) a flood;
``(III) a harmful algal bloom;
``(IV) a tsunami;
``(V) a hypoxic zone;
``(VI) a drought;
``(VII) El Nino effects on water
temperature;
``(VIII) a marine heat wave; or
``(IX) disease; and
``(ii) does not mean a normal or cyclical
variation in a species distribution or stock
abundance.
``(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.
``(G) Undetermined cause.--The term `undetermined
cause' means a cause in which the current state of
knowledge does not allow the Secretary to identify the
exact cause, and there is no current conclusive
evidence supporting a possible cause of the fishery
resource disaster.
``(2) General authority.--
``(A) In general.--The Secretary shall have the
authority to determine the existence, extent, and
beginning and end dates of a fishery resource disaster
under this subsection in accordance with this
subsection.
``(B) Availability of funds.--After the Secretary
determines that a fishery resource disaster has
occurred, the Secretary is authorized to make sums
available, from funds appropriated under paragraph (9)
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) Savings clause.--The requirements under this
subsection shall take effect only with respect to
requests for a fishery resource disaster determination
submitted after the date of enactment of the Fishery
Failures: Urgently Needed Disaster Declarations Act.
``(3) Initiation of a fishery resource disaster review.--
``(A) Eligible requesters.--Not later than 1 year
after the date of the conclusion of the fishing season,
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--
``(i) the Governor of an affected State;
``(ii) an official Tribal resolution; or
``(iii) any other comparable elected or
politically appointed representative as
determined by the Secretary.
``(B) Required information.--A complete request for
a fishery resource disaster determination under
subparagraph (A) shall include--
``(i) identification of all presumed
affected fish stocks;
``(ii) identification of the fishery as
Federal, non-Federal, or both;
``(iii) the geographical boundaries of the
fishery;
``(iv) preliminary information on causes of
the fishery resource disaster, if known; and
``(v) information needed to support a
finding of a fishery resource disaster,
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;
``(III) if applicable, information
on lost resource tax revenues assessed
by local communities, such as a raw
fish tax; and
``(IV) if applicable, information
on 12-month revenue loss for 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 compete request under subparagraph (A).
``(4) Review process.--
``(A) Interim response.--Not later than 20 days
after receipt of a request under paragraph (3), the
Secretary shall provide an interim response to the
individual that--
``(i) acknowledges receipt of the request;
``(ii) provides a regional contact within
the National Oceanographic and Atmospheric
Administration;
``(iii) outlines the process and timeline
by which a request shall be considered; and
``(iv) requests additional information
concerning the fishery resource disaster, if
the original request is considered incomplete.
``(B) Evaluation of requests.--
``(i) In general.--The Secretary shall
complete a review, within the time frame
described in clause (ii), using the best
scientific information available, in
consultation with the affected fishing
communities, States, or Tribes, of--
``(I) the information provided by
the requester and any additional
information relevant to the fishery,
which may include--
``(aa) fishery
characteristics;
``(bb) stock assessments;
``(cc) the most recent
fishery independent surveys and
other fishery resource
assessments and surveys
conducted by Federal, State, or
Tribal officials;
``(dd) estimates of
mortality; and
``(ee) overall effects; and
``(II) the available economic
information, which may include an
analysis of--
``(aa) landings data;
``(bb) revenue;
``(cc) the number of
participants involved;
``(dd) the number and type
of jobs and persons impacted,
which may include--
``(AA) fishers;
``(BB) charter
fishing operators;
``(CC) subsistence
users;
``(DD) United
States fish processors;
and
``(EE) an owner of
a related fishery
infrastructure or
business affected by
the disaster, such as a
marina operator,
recreational fishing
equipment retailer, or
charter, headboat, or
tender vessel owner,
operator, or crew;
``(ee) an impacted Indian
Tribe;
``(ff) an impacted business
or other entity;
``(gg) the availability of
hazard insurance to address
financial losses due to a
disaster;
``(hh) other forms of
disaster assistance made
available to the fishery,
including prior awards of
disaster assistance for the
same event;
``(ii) the length of time
the resource, or access to the
resource, has been restricted;
``(jj) status of recovery
from previous fishery resource
disasters;
``(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.
``(ii) Time frame.--The Secretary shall
complete the review described in clause (i), if
the fishing season, applicable to the fishery--
``(I) has concluded or there is no
defined fishing season applicable to
the fishery, not later than 120 days
after the Secretary receives a complete
request for a fishery resource disaster
determination;
``(II) has not concluded, not later
than 120 days after the conclusion of
the fishing season; or
``(III) has not been opened, not
later than 120 days after the Secretary
receives a complete request for a
fishery resource disaster
determination.
``(C) Fishery resource disaster determination.--The
Secretary shall make the determination of a fishery
resource disaster based on the criteria for
determinations listed in paragraph (5).
``(D) Notification.--Not later than 14 days after
the conclusion of the review under this paragraph, the
Secretary shall notify the requestor and the Governor
of the affected State or Tribal representative of the
determination of the Secretary.
``(5) Criteria for determinations.--
``(A) In general.--The Secretary shall make a
determination about whether a fishery resource disaster
has occurred, based on the revenue loss thresholds
under subparagraph (B), and, if a fishery resource
disaster has occurred, whether the fishery resource
disaster was due to--
``(i) a natural cause;
``(ii) an anthropogenic cause;
``(iii) a combination of a natural cause
and an anthropogenic cause; or
``(iv) an undetermined cause.
``(B) Revenue loss thresholds.--
``(i) In general.--The Secretary shall
apply the following 12-month revenue loss
thresholds in determining whether a fishery
resource disaster has occurred:
``(I) Losses greater than 80
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
paragraph (4)(B).
``(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.
``(ii) Charter fishing.--ln making a
determination of whether a fishery resource
disaster has occurred, the Secretary shall
consider the economic impacts to the charter
fishing industry to ensure financial coverage
for charter fishing businesses.
``(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.
``(C) 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).
``(6) Disbursal of appropriated funds.--
``(A) Authorization.--The Secretary shall allocate
funds available under paragraph (9) for fishery
resource disasters.
``(B) Allocation of appropriated fishery resource
disaster assistance.--
``(i) Notification of funding
availability.--When there are 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.
``(ii) Extension of deadline.--The
Secretary may extend the deadline under clause
(i) by 90 days to evaluate and make
determinations on eligible requests.
``(C) Considerations.--In determining the
allocation of appropriations for a fishery resource
disaster, the Secretary shall consider commercial,
charter, headboat, or seafood processing revenue losses
and may consider the following factors:
``(i) Direct economic impacts.
``(ii) Uninsured losses.
``(iii) Losses of subsistence and Tribal
ceremonial fishing opportunity.
``(iv) Losses of recreational fishing
opportunity.
``(v) Aquaculture operations revenue loss.
``(vi) Direct revenue losses to a fishing
community.
``(vii) Treaty obligations.
``(viii) Other economic impacts.
``(D) Spend plans.--To receive an allocation from
funds available under paragraph (9), a requestor with
an affirmative fishery resource disaster determination
shall submit a spend plan to the Secretary, not more
than 120 days after receiving notification that funds
are available, that shall include the following
information, if applicable:
``(i) Objectives and outcomes, with an
emphasis on addressing the factors contributing
to the fishery resource disaster and minimizing
future uninsured losses, if applicable.
``(ii) Statement of work.
``(iii) Budget details.
``(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.
``(F) Disbursal of funds.--
``(i) Availability.--Funds shall be
disbursed not later than 90 days after the date
the Secretary receives a complete spend plan
under subparagraph (D).
``(ii) Method.--The Secretary may provide
an allocation of funds under this subsection in
the form of a grant, direct payment,
cooperative agreement, loan, or contract.
``(iii) Eligible uses.--
``(I) In general.--Funds allocated
for fishery resources disasters under
this subsection shall prioritize the
following uses, which are not in order
of priority:
``(aa) Habitat conservation
and restoration and other
activities, including
scientific research, that
reduce adverse impacts to the
fishery or improve
understanding of the affected
species or its ecosystem.
``(bb) The collection of
fishery information and other
activities that improve
management of the affected
fishery.
``(cc) In a commercial
fishery, capacity reduction and
other activities that improve
management of fishing effort,
including funds to offset
budgetary costs to refinance a
Federal fishing capacity
reduction loan or to repay the
principal of a Federal fishing
capacity reduction loan.
``(dd) Developing,
repairing, or improving
fishery-related public
infrastructure.
``(ee) Job training and
economic transition programs.
``(ff) Public information
campaigns on the recovery of
the fishery, including
marketing.
``(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.
``(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).
``(ii) Appropriate economic
and other incentives to
encourage commercial fisherman
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.
``(ii) Waiver.--The Secretary may waive the
non-Federal share requirements of this
subsection, 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.
``(iii) Exception.--The Federal share of
direct assistance as described in paragraph
(6)(F)(iii)(I)(hh) shall be equal to 100
percent.
``(B) Limitations on administrative expenses.--
``(i) Federal.--Not more than 3 percent of
the funds available under this subsection may
be used for administrative expenses by the
National Oceanographic and Atmospheric
Administration.
``(ii) State or tribal governments.--Of the
funds remaining after the use described in
clause (i), not more than 5 percent may be used
by States, Tribal governments, or interstate
marine fisheries commissions for administrative
expenses.
``(C) Fishing capacity reduction program.--
``(i) In general.--No funds available under
this subsection 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.
``(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; and
``(II) require that the vessel be--
``(aa) scrapped or
otherwise disposed of in a
manner approved by the
Secretary;
``(bb) donated to a
nonprofit organization and
thereafter used only for
purposes of research,
education, or training; or
``(cc) 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.
``(D) No fishery endorsement.--
``(i) In general.--A vessel that is
prohibited from fishing under subparagraph
(C)(ii)(I) shall not be eligible for a fishery
endorsement under section 12113(a) of title 46,
United States Code.
``(ii) Noneffective.--A fishery endorsement
for a vessel described in clause (i) shall not
be effective.
``(iii) No sale.--A vessel described in
clause (i) shall not be sold to a foreign owner
or reflagged.
``(8) 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 paragraph (4)(B).
``(9) Authorization of appropriations.--
``(A) Authorization.--There are authorized to be
appropriated to carry out this subsection such sums as
may be necessary.
``(B) Availability of funds.--Amounts appropriated
under this subsection shall remain available until
expended.
``(C) Tax exempt status.--The Fisheries Disasters
Fund appropriated under this subsection shall be a tax
exempt fund.
``(D) Supplemental appropriations.--The Secretary
may use any supplemental appropriations that are
available to carry out this subsection.''.
SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.
(a) Repeal.--Section 315 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1864) is repealed.
(b) Report.--Section 113(b)(2) of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 (16 U.S.C.
460ss note) is amended--
(1) in the paragraph heading, by striking ``Annual report''
and inserting ``Report'';
(2) in the matter preceding subparagraph (A), by striking
``Not later than 2 years after the date of enactment of this
Act, and annually thereafter'' and inserting ``Not later than 2
years after the date of enactment of the Fishery Failures:
Urgently Needed Disaster Declarations Act, and biennially
thereafter''; and
(3) in subparagraph (D), by striking ``the calendar year
2003'' and inserting ``the most recent''.
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)''.
SEC. 5. BUDGET REQUESTS; REPORTS.
(a) Budget Request.--In the budget justification materials
submitted to Congress in support of the budget of the Department of
Commerce for each fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code), the
Secretary of Commerce shall include a separate statement of the amount
requested to be appropriated for that fiscal year for outstanding
unfunded fishery resource disasters.
(b) Driftnet Act Amendments of 1990 Report and Bycatch Reduction
Agreements.--
(1) In general.--The Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) is amended--
(A) in section 202(h), by striking paragraph (3);
and
(B) in section 206--
(i) by striking subsections (e) and (f);
and
(ii) by redesignating subsections (g) and
(h) as subsections (e) and (f), respectively.
(2) Biennial report on international compliance.--Section
607 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826h) is amended--
(A) by inserting ``(a) In General.--The Secretary''
and indenting appropriately; and
(B) by adding at the end the following:
``(b) Additional Information.--In addition to the information
described in paragraphs (1) through (5) of subsection (a), the report
shall include--
``(1) a description of the actions taken to carry out the
provisions of section 206 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826), including--
``(A) an evaluation of the progress of those
efforts, the impacts on living marine resources,
including available observer data, and specific plans
for further action;
``(B) a list and description of any new fisheries
developed by nations that conduct, or authorize their
nationals to conduct, large-scale driftnet fishing
beyond the exclusive economic zone of any nation; and
``(C) a list of the nations that conduct, or
authorize their nationals to conduct, large-scale
driftnet fishing beyond the exclusive economic zone of
any nation in a manner that diminishes the
effectiveness of or is inconsistent with any
international agreement governing large-scale driftnet
fishing to which the United States is a party or
otherwise subscribes; and
``(2) a description of the actions taken to carry out the
provisions of section 202(h) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1822(h)).
``(c) Certification.--If, at any time, the Secretary, in
consultation with the Secretary of State and the Secretary of the
department in which the Coast Guard is operating, identifies any nation
that warrants inclusion in the list described under subsection
(b)(1)(C), due to large scale drift net fishing, the Secretary shall
certify that fact to the President. Such certification shall be deemed
to be a certification for the purposes of section 8(a) of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.
SEC. 6. REPORT ON EFFORTS TO PREPARE AND ADAPT UNITED STATES FISHERY
MANAGEMENT FOR THE IMPACTS OF CLIMATE CHANGE.
(a) In General.--Not later than 1 year 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.
(b) Contents of Study.--The report required under subsection (a)
shall include--
(1) an examination of current or previous efforts, 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;
(2) 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;
(3) 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;
(4) 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; and
(5) 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.
<all>