,,ii  #aafth ,,congress  #ast ,session  
,s4 #bbji  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bc1     
#bjai ,mrs4 ,hyde-,smith 7for herself   
and ,mr4 ,kennedy7 introduced the       
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to amend the              
,magnuson-,stevens ,fishery             
,conservation and ,management ,act to   
establish a safety net program for      
commercial fishermen and aquaculture    
producers4  #a4 ,short title  ,this ,act
 may be cited as the ,commercial        
,fishing and ,aquaculture ,protection   
,act of #bjai4  #b4 ,supplemental       
revenue assistance for commercial       
fishermen and farm-raised fish producers
 ,the ,magnuson-,stevens ,fishery       
,conservation and ,management ,act 7#af 
,u4,s4,c4 #ahja et seq47 is amended by  
inserting after section #cbj the        
following3  #cba4 ,supplemental revenue 
assistance for commercial fishermen and 

farm-raised fish producers  7a7         
,definitions ,in this section3 7#a7     
,eligible commercial fisherman  7,a7 ,in
 general ,the term eligible commercial  
fisherman means an individual or entity 
described in subparagraph 7,b7 that1 as 
determined by the ,secretary1 assumes   
the financial risks associated with     
harvesting fish intended for commerce4  
7,b7 ,description ,an individual or     
entity is described in this subparagraph
 if the individual or entity is-- 7i7 a 
citizen of the ,united ,states2  7ii7 a 
partnership of citizens of the ,united  
,states2 or  7iii7 a corporation1       
limited liability corporation1 or other 
organizational structure organized under
 ,state law4  7#b7 ,eligible farm-raised
 fish producer ,the term eligible       
farm-raised fish producer means an      
individual or entity described under    
paragraph 7#a77;,b7 that1 as determined 
by the ,secretary1 assumes the          
production and market risks associated  
with the production of fish in a        

controlled environment intended for     
commerce4  7#c7 ,eligible loss ,the term
 eligible loss1 with respect to a       
calendar year1 means when actual gross  
revenue associated with commercial      
fishing or farm-raised fish production  
for such calendar year is less than #he 
percent of the average gross revenue for
 the #c previous calendar years4  7#d7  
,eligible loss condition ,the term      
eligible loss condition means a         
condition that resulted in eligible loss
 due to algae bloom1 freshwater         
intrusion1 adverse weather1 bird        
depredation1 disease1 or other          
condition1 as determined by the         
,secretary4  7#e7 ,fish ,the term fish  
includes-- 7,a7 shellfish 7including    
oysters1 shrimp1 crawfish1 and crab72   
7,b7 finfish 7including catfish72 and   
7,c7 any other species of aquatic       
organism harvested with the intent of   
entering commerce4  7#f7 ,verifiable    
records ,the term verifiable records    
means a document provided by a          

commercial fisherman or farm-raised fish
 producer that reasonably supports1 and 
can be verified and used to substantiate
 claimed eligible loss1 including--     
7,a7 trip tickets or their equivalents1 
such as dealer forms1 which show fish   
harvest volumes and sales prices2  7,b7 
,federal or ,state tax and financial    
information to identify components of   
gross revenue derived from commercial   
fishing or farm-raised fish production2 
or  7,c7 any other form of reliable     
record that reasonably supports the     
eligible loss as well as the average    
gross revenue for the #c previous       
calendar years4  7b7 ,supplemental      
revenue assistance program  7#a7 ,in    
general ,subject to the availability of 
funds1 the ,secretary shall use such    
sums as are necessary to provide        
compensation to eligible commercial     
fishermen and eligible farm-raised fish 
producers that have incurred eligible   
losses1 based on verifiable records1 due
 to eligible loss conditions4  7#b7     

,payment amount ,the amount of the      
compensation to be paid to an eligible  
commercial fisherman or eligible        
farm-raised fish producer under         
paragraph 7#a7 for an eligible loss for 
a calendar year shall be equal to the   
difference between--  7,a7 #he percent  
of the average gross revenue for the #c 
previous calendar years1 calculated by  
multiplying the average volume of fish  
harvested or produced by the average    
fair market value or price received2 and
  7,b7 the actual total gross revenue   
received during the calendar year of    
claimed eligible loss4  7#c7 ,payment   
limitation ,the total amount of         
compensation received by a person or    
entity 7excluding a joint venture or    
general partnership7 under this section 
for a calendar year shall not exceed #he
 percent of the average gross revenue   
received during the #c previous calendar
 years4  7#d7 ,application ,if eligible 
losses have occurred due to eligible    
loss conditions1 the ,secretary shall   

provide assistance under this section   
whether or not a fishery resource       
disaster determination has been made    
under section #cab7;a74  7#e7 ,effective
 date ,compensation authorized under    
this section shall apply to eligible    
losses suffered during the #bjai        
calendar year and each year thereafter1 
subject to the availability of funds4  4