#aafth ,,congress #b;d ,session ,s4 #bcdf ,,an ,,act ,to improve the ,fishery ,resource ,disaster ,relief program of the ,national ,marine ,fisheries ,service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fishery ,failures3 ,urgently ,needed ,disaster ,declarations ,act4 #b4 ,fishery resource disaster relief ,section #cab7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfa;a7a77 is amended to read as follows3 7a7 ,fishery resource disaster relief 7#a7 ,definitions ,in this subsection3 7,a7 ,allowable cause ,the term allowable cause means a natural cause1 discrete anthropogenic cause1 or undetermined cause4 7,b7 ,anthropogenic cause ,the term anthropogenic cause means an anthropogenic event1 such as an oil spill or spillway opening-- 7i7 that could not have been addressed or prevented by fishery management measures2 and 7ii7 that is otherwise beyond the control of fishery managers to mitigate through conservation and management measures1 including regulatory restrictions imposed as a result of judicial action or to protect human health or marine animals1 plants1 or habitats4 7,c7 ,fishery resource disaster ,the term fishery resource disaster means a disaster that is determined by the ,secretary in accordance with this subsection and-- 7i7 is an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource1 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 cause2 and 7ii7 does not include-- 7,i7 reasonably predictable1 foreseeable1 and recurrent fishery cyclical variations in species distribution or stock abundance2 or 7,,ii7 reductions in fishing opportunities resulting from conservation and management measures taken pursuant to this ,act4 7,d7 ,indian tribe ,the term ,indian ,tribe has the meaning given such term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj71 and the term ,tribal means of or pertaining to such an ,indian tribe4 7,e7 ,natural cause ,the term natural cause-- 7i7 means a weather1 climatic1 hazard1 or biology-related event1 such as-- 7,i7 a hurricane2 7,,ii7 a flood2 7,,iii7 a harmful algal bloom2 7,,iv7 a tsunami2 7,v7 a hypoxic zone2 7,,vi7 a drought2 7,,vii7 ,el ,nio effects on water temperature2 7,,viii7 a marine heat wave2 or 7,,ix7 disease2 and 7ii7 does not mean a normal or cyclical variation in a species distribution or stock abundance4 7,f7 #ab-month revenue loss ,the term #ab-month revenue loss means the percentage reduction1 as applicable1 in commercial1 charter1 headboat1 or processor revenue for the #ab months during which the fishery resource disaster occurred1 when compared to average annual revenue in the most recent #e years when no fishery resource disaster occurred or equivalent for stocks with cyclical life histories4 7,g7 ,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 cause1 and there is no current conclusive evidence supporting a possible cause of the fishery resource disaster4 7#b7 ,general authority 7,a7 ,in general ,the ,secretary shall have the authority to determine the existence1 extent1 and beginning and end dates of a fishery resource disaster under this subsection in accordance with this subsection4 7,b7 ,availability of funds ,after the ,secretary determines that a fishery resource disaster has occurred1 the ,secretary is authorized to make sums available1 from funds appropriated for such purposes1 to be used by the affected ,state1 ,tribal government1 or interstate marine fisheries commission1 or by the ,secretary in cooperation with the affected ,state1 ,tribal government1 or interstate marine fisheries commission4 7,c7 ,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 ,failures3 ,urgently ,needed ,disaster ,declarations ,act4 7#c7 ,initiation of a fishery resource disaster review 7,a7 ,eligible requesters ,not later than #a year after the date of the conclusion of the fishing season1 a request for a fishery resource disaster determination may be submitted to the ,secretary1 if the ,secretary has not independently determined that a fishery resource disaster has occurred1 by-- 7i7 the ,governor of an affected ,state2 7ii7 an official ,tribal resolution2 or 7iii7 any other comparable elected or politically appointed representative as determined by the ,secretary4 7,b7 ,required information ,a complete request for a fishery resource disaster determination under subparagraph 7,a7 shall include-- 7i7 identification of all presumed affected fish stocks2 7ii7 identification of the fishery as ,federal1 non-,federal1 or both2 7iii7 the geographical boundaries of the fishery2 7iv7 preliminary information on causes of the fishery resource disaster1 if known2 and 7v7 information needed to support a finding of a fishery resource disaster1 including-- 7,i7 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 resource1 which could include the loss of fishing vessels and gear1 for a substantial period of time2 7,,ii7 #ab-month revenue loss or subsistence loss for the affected fishery1 or if a fishery resource disaster has occurred at any time in the previous #e-year period1 the most recent #e years when no fishery resource disaster occurred2 7,,iii7 if applicable1 information on lost resource tax revenues assessed by local communities1 such as a raw fish tax and local sourcing requirements2 and 7,,iv7 if applicable and available1 information on #ab-month revenue loss for charter1 headboat1 or processors related to the information provided under subclause 7,i71 subject to section #djb7;b74 7,c7 ,assistance ,the ,secretary may provide data and analysis assistance to an eligible requester described in paragraph 7#a71 if-- 7i7 the assistance is so requested2 7ii7 the ,secretary is in possession of the required information described in subparagraph 7,b72 and 7iii7 the data is not available to the requester1 in carrying out the complete request under subparagraph 7,b74 7,d7 ,initiation of review ,the ,secretary shall have the discretion to initiate a fishery resource disaster review without a request4 7#d7 ,review process 7,a7 ,interim response ,not later than #bj days after receipt of a request under paragraph 7#c71 the ,secretary shall provide an interim response to the individual that-- 7i7 acknowledges receipt of the request2 7ii7 provides a regional contact within the ,national ,oceanographic and ,atmospheric ,administration2 7iii7 outlines the process and timeline by which a request shall be considered2 and 7iv7 requests additional information concerning the fishery resource disaster1 if the original request is considered incomplete4 7,b7 ,evaluation of requests 7i7 ,in general ,the ,secretary shall complete a review1 within the time frame described in clause 7ii71 using the best scientific information available1 in consultation with the affected fishing communities1 ,states1 or ,tribes1 of-- 7,i7 the information provided by the requester and any additional information relevant to the fishery1 which may include-- 7aa7 fishery characteristics2 7bb7 stock assessments2 7cc7 the most recent fishery independent surveys and other fishery resource assessments and surveys conducted by ,federal1 ,state1 or ,tribal officials2 7dd7 estimates of mortality2 and 7ee7 overall effects2 and 7,,ii7 the available economic information1 which may include an analysis of-- 7aa7 landings data2 7bb7 revenue2 7cc7 the number of participants involved2 7dd7 the number and type of jobs and persons impacted1 which may include-- 7,,aa7 fishers2 7,,bb7 charter fishing operators2 7,,cc7 subsistence users2 7,,dd7 ,united ,states fish processors2 and 7,,ee7 an owner of a related fishery infrastructure or business affected by the disaster1 such as a marina operator1 recreational fishing equipment retailer1 or charter1 headboat1 or tender vessel owner1 operator1 or crew2 7ee7 an impacted ,indian ,tribe2 7ff7 other forms of disaster assistance made available to the fishery1 including prior awards of disaster assistance for the same event2 7gg7 the length of time the resource1 or access to the resource1 has been restricted2 7hh7 status of recovery from previous fishery resource disasters2 7ii7 lost resource tax revenues assessed by local communities1 such as a raw fish tax2 and 7jj7 other appropriate indicators to an affected fishery1 as determined by the ,national ,marine ,fisheries ,service4 7ii7 ,time frame ,the ,secretary shall complete the review described in clause 7i71 if the fishing season1 applicable to the fishery-- 7,i7 has concluded or there is no defined fishing season applicable to the fishery1 not later than #abj days after the ,secretary receives a complete request for a fishery resource disaster determination2 7,,ii7 has not concluded1 not later than #abj days after the conclusion of the fishing season2 or 7,,iii7 is expected to be closed for the entire fishing season1 not later than #abj days after the ,secretary receives a complete request for a fishery resource disaster determination4 7,c7 ,fishery resource disaster determination ,the ,secretary shall make the determination of a fishery resource disaster based on the criteria for determinations listed in paragraph 7#e74 7,d7 ,notification ,not later than #ad days after the conclusion of the review under this paragraph1 the ,secretary shall notify the requester and the ,governor of the affected ,state or ,tribal representative of the determination of the ,secretary4 7#e7 ,criteria for determinations 7,a7 ,in general ,the ,secretary shall make a determination about whether a fishery resource disaster has occurred1 based on the revenue loss thresholds under subparagraph 7,b71 and1 if a fishery resource disaster has occurred1 whether the fishery resource disaster was due to-- 7i7 a natural cause2 7ii7 an anthropogenic cause2 7iii7 a combination of a natural cause and an anthropogenic cause2 or 7iv7 an undetermined cause4 7,b7 ,revenue loss thresholds 7i7 ,in general ,based on the information provided or analyzed under paragraph 7#d77;,b71 the ,secretary shall apply the following #ab-month revenue loss thresholds in determining whether a fishery resource disaster has occurred3 7,i7 ,losses greater than #hj percent may result in a positive determination that a fishery resource disaster has occurred1 based on the information provided or analyzed under paragraph 7#d77;,b74 7,,ii7 ,losses between #ce percent and #hj percent shall be evaluated to determine whether economic impacts are severe enough to declare that a fishery resource disaster has occurred4 7,,iii7 ,losses less than #ce percent shall not be eligible for a determination that a fishery resource disaster has occurred4 7ii7 ,charter fishing ,in making a determination of whether a fishery resource disaster has occurred1 the ,secretary shall consider the economic impacts to the charter fishing industry to ensure financial coverage for charter fishing businesses4 7iii7 ,subsistence loss ,in considering subsistence loss1 the ,secretary shall evaluate the severity of loss to the fishing community instead of applying the revenue loss thresholds described in clause 7i74 7,c7 ,ineligible fisheries ,a fishery subject to overfishing in any of the #c years preceding the date of a determination under this subsection 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 disaster4 7,d7 ,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 authority1 such as in the case of a natural disaster or from the direct consequences of a ,federal action taken to prevent1 or in response to1 a natural disaster for purposes of protecting life and safety1 the ,secretary may determine a fishery resource disaster has occurred without a request4 7#f7 ,disbursal of appropriated funds 7,a7 ,authorization ,the ,secretary shall allocate funds available under paragraph 7#i7 for fishery resource disasters4 7,b7 ,allocation of appropriated fishery resource disaster assistance 7i7 ,notification of funding availability ,when there are appropriated funds for #a or more fishery resource disasters1 the ,secretary shall notify-- 7,i7 the public2 and 7,,ii7 representatives of affected fishing communities with a positive disaster determination that is unfunded2 of the availability of funds1 not more than #ad days after the date of the appropriation or the determination of a fishery resource disaster1 whichever occurs later4 7ii7 ,extension of deadline ,the ,secretary may extend the deadline under clause 7i7 by #ij days to evaluate and make determinations on eligible requests4 7,c7 ,considerations ,in determining the allocation of appropriations for a fishery resource disaster1 the ,secretary shall consider commercial1 charter1 headboat1 or seafood processing revenue losses and may consider the following factors3 7i7 ,direct economic impacts4 7ii7 ,uninsured losses4 7iii7 ,losses of subsistence and ,tribal ceremonial fishing opportunity4 7iv7 ,losses of recreational fishing opportunity4 7v7 ,aquaculture operations revenue loss4 7vi7 ,direct revenue losses to a fishing community4 7vii7 ,treaty obligations4 7viii7 ,other economic impacts4 7,d7 ,spend plans ,to receive an allocation from funds available under paragraph 7#i71 a requester with an affirmative fishery resource disaster determination shall submit a spend plan to the ,secretary1 not more than #abj days after receiving notification that funds are available1 that shall include the following information1 if applicable3 7i7 ,objectives and outcomes1 with an emphasis on addressing the factors contributing to the fishery resource disaster and minimizing future uninsured losses1 if applicable4 7ii7 ,statement of work4 7iii7 ,budget details4 7,e7 ,regional contact ,if so requested1 the ,secretary shall provide a regional contact within the ,national ,oceanic and ,atmospheric ,administration to facilitate review of spend plans and disbursal of funds4 7,f7 ,disbursal of funds 7i7 ,availability ,funds shall be made available to grantees not later than #ij days after the date the ,secretary receives a complete spend plan4 7ii7 ,method ,the ,secretary may provide an allocation of funds under this subsection in the form of a grant1 direct payment1 cooperative agreement1 loan1 or contract4 7iii7 ,eligible uses 7,i7 ,in general ,funds allocated for fishery resources disasters under this subsection shall restore the fishery affected by such a disaster1 prevent a similar disaster in the future1 or assist the affected fishing community1 and shall prioritize the following uses1 which are not in order of priority3 7aa7 ,habitat conservation and restoration and other activities1 including scientific research1 that reduce adverse impacts to the fishery or improve understanding of the affected species or its ecosystem4 7bb7 ,the collection of fishery information and other activities that improve management of the affected fishery4 7cc7 ,in a commercial fishery1 capacity reduction and other activities that improve management of fishing effort1 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 loan4 7dd7 ,developing1 repairing1 or improving fishery-related public infrastructure4 7ee7 ,direct assistance to a person1 fishing community 7including assistance for lost fisheries resource levies71 or a business to alleviate economic loss incurred as a direct result of a fishery resource disaster1 particularly when affected by a circumstance described in paragraph 7#e77;,d74 7ff7 ,hatcheries and stock enhancement to help rebuild the affected stock or offset fishing pressure on the affected stock4 7,,ii7 ,displaced fishery employees ,where appropriate1 individuals carrying out the activities described in items 7aa7 through 7dd7 of subclause 7,i7 shall be individuals who are1 or were1 employed in a commercial1 charter1 or ,tribal fishery for which the ,secretary has determined that a fishery resource disaster has occurred4 7#g7 ,limitations 7,a7 ,federal share 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 the ,federal share of the cost of any activity carried out under the authority of this subsection shall not exceed #ge percent of the cost of that activity4 7ii7 ,waiver ,the ,secretary may waive the non-,federal share requirements of this subsection1 if the ,secretary determines that-- 7,i7 no reasonable means are available through which the recipient of the ,federal share can meet the non-,federal share requirement2 and 7,,ii7 the probable benefit of #ajj percent ,federal financing outweighs the public interest in imposition of the non-,federal share requirement4 7iii7 ,exception ,the ,federal share shall be equal to #ajj percent in the case of-- 7,i7 direct assistance as described in paragraph 7#f77;,f77iii77,i77hh72 or 7,,ii7 assistance to subsistence or ,tribal fisheries4 7,b7 ,limitations on administrative expenses 7i7 ,federal ,not more than #c percent of the funds available under this subsection may be used for administrative expenses by the ,national ,oceanographic and ,atmospheric ,administration4 7ii7 ,state or tribal governments ,of the funds remaining after the use described in clause 7i71 not more than #e percent may be used by ,states1 ,tribal governments1 or interstate marine fisheries commissions for administrative expenses4 7,c7 ,fishing capacity reduction program 7i7 ,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 fishery4 7ii7 ,assistance conditions ,as a condition of providing assistance under this subsection with respect to a vessel under a fishing capacity reduction program1 the ,secretary shall-- 7,i7 prohibit the vessel from being used for fishing in ,federal1 ,state1 or international waters2 and 7,,ii7 require that the vessel be-- 7aa7 scrapped or otherwise disposed of in a manner approved by the ,secretary2 7bb7 donated to a nonprofit organization and thereafter used only for purposes of research1 education1 or training2 or 7cc7 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 world4 7,d7 ,no fishery endorsement 7i7 ,in general ,a vessel that is prohibited from fishing under subparagraph 7,c77ii77,i7 shall not be eligible for a fishery endorsement under section #abaac7;a7 of title #df1 ,united ,states ,code4 7ii7 ,noneffective ,a fishery endorsement for a vessel described in clause 7i7 shall not be effective4 7iii7 ,no sale ,a vessel described in clause 7i7 shall not be sold to a foreign owner or reflagged4 7#h7 ,public information on data collection ,the ,secretary shall make available and update as appropriate1 information on data collection and submittal best practices for the information described in paragraph 7#d77;,b74 7#i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection #cgg1jjj1jjj for the period of fiscal years #bjba through #bjbf4 4 #c4 ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7a7 ,repeal ,section #cae of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfd7 is repealed4 7b7 ,report ,section #aac7;b77#b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act of #bjjf 7#af ,u4,s4,c4 #dfjss note7 is amended-- 7#a7 in the paragraph heading1 by striking ,annual report and inserting ,report2 7#b7 in the matter preceding subparagraph 7,a71 by striking ,not later than #b years after the date of enactment of this ,act1 and annually thereafter and inserting ,not later than #b years after the date of enactment of the ,fishery ,failures3 ,urgently ,needed ,disaster ,declarations ,act1 and biennially thereafter2 and 7#c7 in subparagraph 7,d71 by striking the calendar year #bjjc and inserting the most recent4 #d4 ,interjurisdictional ,fisheries ,act of #aihf 7a7 ,repeal ,section #cjh of the ,interjurisdictional ,fisheries ,act of #aihf 7#af4 ,u4,s4,c4 #dajg7 is repealed4 7b7 ,technical edit ,section #c7k77#a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7k77#a77 is amended by striking 7as determined by the ,secretary of ,commerce under section #cjh7;b7 of the ,interjurisdictional ,fisheries ,act of #aihf7 and inserting 7as determined by the ,secretary of ,commerce under the ,fishery ,failures3 ,urgently ,needed ,disaster ,declarations ,act74 #e4 ,budget requests2 reports 7a7 ,budget request ,in the budget justification materials submitted to ,congress in support of the budget of the ,department of ,commerce for each fiscal year 7as submitted with the budget of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code71 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 disasters4 7b7 ,driftnet ,act ,amendments of #aiij report and bycatch reduction agreements 7#a7 ,in general ,the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 is amended-- 7,a7 in section #bjb7;h71 by striking paragraph 7#c72 and 7,b7 in section #bjf-- 7i7 by striking subsections 7e7 and 7f72 and 7ii7 by redesignating subsections 7g7 and 7h7 as subsections 7e7 and 7f71 respectively4 7#b7 ,biennial report on international compliance ,section #fjg of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;h7 is amended-- 7,a7 by inserting 7a7 ,in general4-- before ,the ,secretary and indenting appropriately2 and 7,b7 by adding at the end the following3 7b7 ,additional information ,in addition to the information described in paragraphs 7#a7 through 7#e7 of subsection 7a71 the report shall include-- 7#a7 a description of the actions taken to carry out the provisions of section #bjf of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahbf71 including-- 7,a7 an evaluation of the progress of those efforts1 the impacts on living marine resources1 including available observer data1 and specific plans for further action2 7,b7 a list and description of any new fisheries developed by nations that conduct1 or authorize their nationals to conduct1 large-scale driftnet fishing beyond the exclusive economic zone of any nation2 and 7,c7 a list of the nations that conduct1 or authorize their nationals to conduct1 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 subscribes2 and 7#b7 a description of the actions taken to carry out the provisions of section #bjb7;h7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahbb7;h774 7c7 ,certification ,if1 at any time1 the ,secretary1 in consultation with the ,secretary of ,state and the ,secretary of the department in which the ,coast ,guard is operating1 identifies any nation that warrants inclusion in the list described under subsection 7b77#a77;,c71 due to large scale drift net fishing1 the ,secretary shall certify that fact to the ,president4 ,such certification shall be deemed to be a certification for the purposes of section #h7;a7 of the ,fishermen's ,protective ,act of #aifg 7#bb ,u4,s4,c4 #aigh7;a774 4 ,passed the ,senate ,december #bj1 #bjbj4,secretary