,,ii #aafth ,,congress #ast ,session ,s4 #bcdf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjai ,mr4 ,wicker introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,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 7a7 ,definitions ,in this ,act3 7#a7 ,allowable cause ,the term allowable cause means a natural cause1 man-made cause1 or undetermined cause4 7#b7 ,fishery ,the term fishery has the meaning given the term in section #c7ac7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb7ac774 7#c7 ,fishery resource disaster ,the term fishery resource disaster means a disaster that is determined by the ,secretary in accordance with this ,act and-- 7,a7 is a sudden1 unexpected1 and 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 that results in revenue or subsistence loss and is due to an allowable cause2 and 7,b7 does not include reasonably predictable1 foreseeable1 and recurrent fishery resource cycle of variations in species distribution or stock abundance4 7#d7 ,fishing community ,the term fishing community means a community that is substantially dependent on1 or substantially engaged in1 the harvest or processing of fishery resources to meet social and economic needs1 and includes fishing vessel owners1 operators1 crew1 aquaculture operators1 and ,united ,states fish processors that are based in such community4 7#e7 ,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#f7 ,man-made cause ,the term man-made cause means-- 7,a7 a discrete anthropogenic event1 such as an oil spill or spillway opening1 that could not have been addressed or prevented by fishery management measures2 and 7,b7 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#g7 ,natural cause ,the term natural cause-- 7,a7 means a weather or biology-related event1 such as-- 7i7 a hurricane2 7ii7 a flood2 7iii7 a drought2 7iv7 ,el ,nio effects on water temperature2 or 7v7 disease2 and 7,b7 does not mean a normal or cyclical variation in a species distribution or stock abundance4 7#h7 ,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 basis4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#aj7 #ab-month revenue loss ,the term #ab-month revenue loss means the percentage reduction in commercial1 charter1 and headboat revenue for the #ab months during the fishery resource disaster period when compared to average annual revenue in the most recent #e-year period or equivalent for stocks with cyclical life histories4 7#aa7 ,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 7b7 ,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 ,act in accordance with this ,act4 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 under subsection 7i7 and from any supplemental appropriations that are available1 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 7c7 ,initiation of a fishery resource disaster review 7#a7 ,eligible requesters ,not later than #a year after the occurrence of a potential fishery resource disaster1 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-- 7,a7 the ,governor of an affected ,state2 7,b7 an official tribal resolution2 or 7,c7 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 paragraph 7#a7 shall include-- 7,a7 identification of all presumed affected fish stocks2 7,b7 identification of the fishery as ,federal1 non-,federal1 or both2 7,c7 the geographical boundaries of the fishery2 7,d7 information on causes of the fishery resource disaster1 if known2 and 7,e7 information needed to support a finding of a fishery resource disaster1 including-- 7i7 information demonstrating the occurrence of a sudden1 unexpected1 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 and 7ii7 #ab-month revenue loss for the affected fishery1 or if a fishery resource disaster has occurred at any time in the previous #e-year period1 an appropriate time frame as determined by the ,secretary4 7d7 ,review process 7#a7 ,interim response ,not later than #aj days after receipt of a request under subsection 7c71 the ,secretary shall provide an interim response to the individual that-- 7,a7 acknowledges receipt of the request2 7,b7 provides a regional contact within the ,national ,oceanographic and ,atmospheric ,administration2 7,c7 outlines the process and timeline by which a request shall be considered2 and 7,d7 requests additional information concerning the fishery resource disaster1 if the original request is considered incomplete4 7#b7 ,evaluation of requests 7,a7 ,in general ,the ,secretary shall complete a review1 within the time frame described in subparagraph 7,b71 using the best scientific information available1 in consultation with the affected ,states1 of-- 7i7 the information provided by the requester and any additional information relevant to the fishery1 which may include-- 7,i7 fishery characteristics2 7,,ii7 stock assessments2 7,,iii7 the most recent fishery independent surveys and other fishery resource assessments and surveys conducted by ,federal or ,state officials2 7,,iv7 estimates of mortality2 and 7,v7 overall effects2 and 7ii7 the available economic information1 which may include an analysis of-- 7,i7 landings data2 7,,ii7 revenue2 7,,iii7 the number of participants involved2 7,,iv7 the number and type of jobs and persons impacted1 which may include-- 7aa7 fishermen2 7bb7 charter fishing operators2 7cc7 subsistence users2 7dd7 ,united ,states fish processors2 and 7ee7 an owner of a related fishery infrastructure or business affected by the disaster2 7,v7 an impacted business1 ,tribe1 or other entity2 7,,vi7 the availability of hazard insurance to address financial losses due to a disaster2 7,,vii7 other forms of disaster assistance made available to the fishery1 including prior awards of disaster assistance2 7,,viii7 the length of time the resource1 or access to the resource1 has been restricted2 7,,ix7 status of recovery from previous fishery resource disasters2 and 7,x7 other appropriate indicators to an affected fishery1 as determined by the ,national ,marine ,fisheries ,service4 7,b7 ,time frame ,the ,secretary shall complete the review described in subparagraph 7,a71 if the fishing season1 applicable to the fishery-- 7i7 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 or 7ii7 has not concluded1 not later than #abj days after the conclusion of the fishing season4 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 subsection 7e74 7#d7 ,notification ,not later than #ad days after the conclusion of the review under this subsection1 the ,secretary shall notify the requestor and the ,governor of the affected ,state or tribal representative of the determination of the ,secretary4 7e7 ,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 paragraph 7#b71 and1 if a fishery resource disaster has occurred1 whether the fishery resource disaster was due to-- 7,a7 a natural cause2 7,b7 a man-made cause2 or 7,c7 an undetermined cause4 7#b7 ,revenue loss thresholds 7,a7 ,in general ,the ,secretary shall apply the following #ab-month revenue loss thresholds in determining whether a fishery resource disaster has occurred3 7i7 ,losses greater than #hj percent shall result in a positive determination that a fishery resource disaster has occurred4 7ii7 ,losses between #ce percent and #hj percent shall be evaluated to determine whether a fishery resource disaster has occurred1 based on the information provided or analyzed under subsection 7d77#b74 7iii7 ,losses less than #ce percent shall not be eligible for a determination that a fishery resource disaster has occurred1 except where the ,secretary determines there are extenuating circumstances that justify using a lower threshold in making the determination4 7,b7 ,subsistence uses and aquaculture operations ,in making a determination of whether a fishery resource disaster has occurred1 the ,secretary may consider revenue loss from aquaculture operations and loss of subsistence opportunity1 where appropriate4 7#c7 ,ineligible fisheries ,a fishery subject to overfishing in any of the #c 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 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 request or without conducting the required analyses in paragraphs 7#a7 and 7#b74 7f7 ,disbursal of appropriated funds 7#a7 ,authorization ,the ,secretary shall allocate funds available under subsection 7i7 for fishery resource disasters4 7#b7 ,allocation of appropriated fishery resource disaster assistance 7,a7 ,notification of funding availability ,when there are appropriated funds for one or more fishery resource disasters1 the ,secretary shall notify the public and any fishery with a positive disaster determination that is unfunded of the allocation not more than #ad days after the date of the appropriation or the determination of a fishery resource disaster1 whichever occurs later4 7,b7 ,extension of deadline ,the ,secretary may extend the deadline under subparagraph 7,a7 by #ij days to evaluate and make determinations on eligible requests4 7#c7 ,considerations ,in determining the allocation of appropriations for more than #a fishery resource disaster1 the ,secretary shall consider commercial and charter or headboat revenue losses and may consider the following factors3 7,a7 ,direct economic impacts4 7,b7 ,uninsured losses4 7,c7 ,losses of subsistence opportunity4 7,d7 ,aquaculture operations revenue loss4 7,e7 ,direct revenue losses to a fishing community4 7,f7 ,other economic impacts4 7#d7 ,spend plans ,to receive an allocation from funds available under subsection 7i71 a requestor with an affirmative fishery resource disaster determination shall submit a spend plan to the ,secretary1 not more than #ahj days after receiving notification that funds are available1 that shall include the following information1 if applicable3 7,a7 ,objectives and outcomes1 with an emphasis on addressing the factors contributing to the fishery resource disaster and minimizing future uninsured losses1 if applicable4 7,b7 ,statement of work4 7,c7 ,budget details4 7#e7 ,disbursal of funds 7,a7 ,availability ,funds shall be available for disbursement not later than #ij days after the date the ,secretary receives a complete spend plan under paragraph 7#d74 7,b7 ,method ,the ,secretary may provide an allocation of funds under this section in the form of a grant1 direct payment1 cooperative agreement1 loan1 or contract4 7,c7 ,eligible uses 7i7 ,in general ,funds allocated for fishery resources disasters under this section shall prioritize the following uses1 which are not in order of priority3 7,i7 ,habitat conservation and restoration and other activities that reduce adverse impacts to the fishery4 7,,ii7 ,the collection of fishery information and other activities that improve management of the affected fishery4 7,,iii7 ,capacity reduction and other activities that improve management of fishing effort4 7,,iv7 ,developing1 repairing1 or improving fishery-related public infrastructure4 7,v7 ,job training and economic transition programs4 7,,vi7 ,public information campaigns on the recovery of the fishery1 including marketing4 7,,vii7 ,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 future4 7,,viii7 ,direct assistance to a person1 fishing community1 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 subsection 7e77#d74 7,,ix7 ,other activities that recover or improve management of the affected fishery1 as determined by the ,secretary4 7ii7 ,displaced fishery employees ,where appropriate1 individuals carrying out the activities described in subclauses 7,i7 through 7,,vi7 of clause 7i7 shall be individuals who are1 or were1 employed in a fishery for which the ,secretary has determined that a fishery resource disaster has occurred4 7g7 ,limitations 7#a7 ,federal share 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 the ,federal share of the cost of any activity carried out under the authority of this section shall not exceed #ge percent of the cost of that activity4 7,b7 ,waiver ,the ,secretary may waive the non-,federal share requirements of this section1 if the ,secretary determines that-- 7i7 no reasonable means are available through which the recipient of the ,federal share can meet the non-,federal share requirement2 and 7ii7 the probable benefit of #ajj percent ,federal financing outweighs the public interest in imposition of the non-,federal share requirement4 7,c7 ,exception ,the ,federal share of direct assistance as described in subsection 7f77#e77;,c77i77,,viii7 shall be equal to #ajj percent4 7#b7 ,limitations on administrative expenses 7,a7 ,federal ,not more than #c percent of the funds available under this section may be used for administrative expenses by the ,national ,oceanographic and ,atmospheric ,administration4 7,b7 ,state or tribal governments ,of the funds remaining after the use described in subparagraph 7,b71 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 7,a7 ,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 fishery4 7,b7 ,assistance conditions ,as a condition of providing assistance under this section with respect to a vessel under a fishing capacity reduction program1 the ,secretary shall-- 7i7 prohibit the vessel from being used for fishing2 and 7ii7 require that the vessel be-- 7,i7 scrapped or otherwise disposed of in a manner approved by the ,secretary2 7,,ii7 donated to a nonprofit organization and thereafter used only for purposes of research1 education1 or training2 or 7,,iii7 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 7,a7 ,in general ,a vessel that is prohibited from fishing under paragraph 7#c77;,b77i7 shall not be eligible for a fishery endorsement under section #abaac7;a7 of title #df1 ,united ,states ,code4 7,b7 ,noneffective ,a fishery endorsement for a vessel described in subparagraph 7,a7 shall not be effective4 7,c7 ,no sale ,a vessel described in subparagraph 7,a7 shall not sold to a foreign owner or reflagged4 7#e7 ,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 #b1jjj1jjj in net revenues annually from commercial fishing1 as determined by the ,secretary4 7h7 ,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 subsection 7d77#b74 7i7 ,authorization of appropriations 7#a7 ,authorization ,there are authorized to be appropriated to carry out this section such sums as may be necessary4 7#b7 ,availability of funds ,amounts appropriated under this section shall remain available until expended4 7#c7 ,tax exempt status ,the ,fisheries ,disasters ,fund appropriated under this ,act shall be a tax exempt fund4 7#d7 ,supplemental appropriations ,the ,secretary may use any supplemental appropriations that are available to carry out this section4 #c4 ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7a7 ,in general ,the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 is amended-- 7#a7 in section #cjg7a77,r71 by striking section #cab7;b77#b7 and inserting section #cab7;a77#b72 and 7#b7 in section #cab-- 7,a7 by striking subsection 7a72 7,b7 by redesignating subsections 7b7 through 7e7 as subsections 7a7 through 7d71 respectively2 7,c7 in subsection 7b71 as redesignated by clause 7ii7-- 7i7 in paragraph 7#a77;,c71 by striking subsection 7d7 and inserting subsection 7c72 and 7ii7 in paragraph 7#b71 by striking subsection 7d7 and inserting subsection 7c74 7b7 ,repeal ,section #cae of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfd7 is repealed4 #d4 ,interjurisdictional ,fisheries ,act of #aihf 7a7 ,repeal ,section #cjh of the ,interjurisdictional ,fisheries ,act of #aihf 7#af ,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