{ "id": "RL34209", "type": "CRS Report", "typeId": "REPORTS", "number": "RL34209", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 621944, "date": "2020-04-07", "retrieved": "2020-04-11T23:05:22.877917", "title": "Fishery Disaster Assistance", "summary": "The Secretary of Commerce is authorized to provide disaster assistance to the fishing industry when fish populations decline or other disruptions cause economic losses. The criteria for determining whether a commercial fishery failure or fishery resource disaster has occurred are provided in Section 308(b) and Section 308(d) of the Interjurisdictional Fisheries Act (IFA; 16 U.S.C. \u00a74107), and in Sections 312(a) and 315 of the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C \u00a71861(a) and \u00a71864). \nThe governor of a state, the Secretary of Commerce, or a representative of a fishing community may initiate a request for assistance. The National Marine Fisheries Service (NMFS), state agencies, and fishing communities compile information needed to make a determination. When all necessary information has been obtained and reviewed, the Secretary of Commerce determines whether a fishery failure or fishery disaster has occurred. In most cases, Congress has appropriated funds to support the fishing industry following the Secretary\u2019s determination. NMFS, states, regional commissions, and industry representatives often work together to plan how assistance will be distributed to the fishing industry and allocated among potential projects. \nOceanic conditions, climate, and weather events can affect fishery resources and commercial infrastructure, such as boats, shoreside processing, and ports. Since 1990, the Secretary of Commerce has made 72 fishery disaster determinations and Congress has appropriated nearly $1.15 billion for fishery disaster relief. Recent fishery disaster determinations have been made for salmon fisheries in the Pacific Northwest and Alaska, Dungeness crab fisheries in the Pacific Northwest, the West Coast sardine fishery, and fisheries affected by several hurricanes. \nDirect federal financial assistance has been provided to fishermen and fishing communities in the form of grants, job retraining, and low-interest loans. Assistance also supported efforts to prevent or lessen the effects of future disruptions to fisheries. These efforts included fishery data collection, habitat restoration, research, and fishing capacity reduction programs. Whereas some observers support efforts to provide assistance, others contend that disaster assistance programs sometimes fall short of expectations when funds are not disbursed in a timely manner, relief is not integrated with long-term fishery management objectives, and funds do not reach the people who may be in the greatest need of assistance. \nIn the 116th Congress, similar versions of the Fishery Failures: Urgently Needed Disaster Declarations Act (S. 2346 and H.R. 5548) have been introduced that would make extensive changes to the current law. Both bills would amend Section 312 of the MSA, repeal Section 315 of the MSA, and repeal Section 308 of the IFA. Generally, the legislation would consolidate and clarify fishery disaster provisions in the MSA and the IFA and incorporate some parts of the NMFS agency directive on fishery disasters. Both bills would define terms frequently used when making fishery disaster determinations, clarify procedures and criteria for making fishery disaster determinations, provide guidance for allocating and disbursing funds, and place additional conditions on assistance for fishing capacity reduction programs. On November 13, 2019, S. 2346 was marked up by the Committee on Commerce, Science, and Transportation, and on January 14, 2020, the House Natural Resources Subcommittee on Water, Oceans, and Wildlife held a hearing that included testimony related to H.R. 5548. \nSeveral additional bills related to fishery disaster assistance have been introduced. The Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act (H.R. 3697) includes a section that would require the Secretary of Commerce to make a fishery disaster determination within 90 days of receiving an estimate of the economic impact of the disaster from the entity making the request. H.R. 3697 also would require the Secretary to publish the estimated cost of recovery from a fishery resource disaster within 30 days of making a determination. Two identical bills (H.R. 3514 and S. 1984) would add the effects of certain duties on seafood markets as a potential cause of a commercial fishery failure under the MSA. The Commercial Fishing and Aquaculture Protection Act of 2019 (S. 2209) would provide assistance to eligible commercial fishermen and aquaculture producers who suffer losses in revenue. No further actions have been taken on any of these bills.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/RL34209", "sha1": "b04c26293131e7e0001e0b7535517d0cbb12e416", "filename": "files/20200407_RL34209_b04c26293131e7e0001e0b7535517d0cbb12e416.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/RL34209", "sha1": "b7b3cff6f31323702b804b952d8109816a840a2d", "filename": "files/20200407_RL34209_b7b3cff6f31323702b804b952d8109816a840a2d.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4908, "name": "Oceans & Fisheries" }, { "source": "IBCList", "id": 4928, "name": "Wildlife & Ecosystems" } ] }, { "source": "EveryCRSReport.com", "id": 604969, "date": "2019-09-11", "retrieved": "2019-09-16T22:04:52.313235", "title": "Fishery Disaster Assistance", "summary": "The Secretary of Commerce is authorized to provide disaster assistance to the fishing industry when fish populations decline or other disruptions cause economic losses. The criteria for determining whether a commercial fishery failure or fishery resource disaster has occurred are provided in Section 308(b) and Section 308(d) of the Interjurisdictional Fisheries Act (IFA; 16 U.S.C. \u00a74107), and in Sections 312(a) and 315 of the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C \u00a71861(a) and \u00a71864). \nThe governor of a state, the Secretary of Commerce, or a representative of a fishing community may initiate a request for assistance. The National Marine Fisheries Service (NMFS), state agencies, and fishing communities compile information needed to make a determination. When all necessary information has been obtained and reviewed, the Secretary of Commerce determines whether a fishery failure or fishery disaster has occurred. In most cases, Congress has appropriated funds to support the fishing industry following the Secretary\u2019s determination. NMFS, states, regional commissions, and industry representatives often work together to plan how assistance will be distributed to the fishing industry and allocated among potential projects. \nOceanic conditions, climate, and weather events can affect fishery resources and commercial infrastructure, such as boats, shoreside processing, and ports. Since 1990, the Secretary of Commerce has made 65 fishery disaster determinations and Congress has appropriated nearly $1.1 billion for fishery disaster relief. Recent fishery disaster determinations have been made for salmon fisheries in the Pacific Northwest and Alaska, Dungeness crab fisheries in the Pacific Northwest, the West Coast sardine fishery, and fisheries affected by several hurricanes. \nDirect federal financial assistance has been provided to fishermen and fishing communities in the form of grants, job retraining, and low-interest loans. Assistance also supported efforts to prevent or lessen the effects of future disruptions to fisheries. These efforts included fishery data collection, habitat restoration, research, and fishing capacity reduction programs. Whereas some observers support efforts to provide assistance, others contend that disaster assistance programs sometimes fall short of expectations when funds are not disbursed in a timely manner, relief is not integrated with long-term fishery management objectives, and funds may not reach the people who may be in the greatest need of assistance. \nIn the 116th Congress, several bills related to fishery disaster assistance have been introduced. The Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act (H.R. 3697) would require the Secretary of Commerce to make a fishery disaster determination within 90 days of receiving an estimate of the economic impact of the disaster from the entity making the request. H.R. 3697 also would require the Secretary to publish the estimated cost of recovery from a fishery resource disaster within 30 days of making a determination. Two identical bills (H.R. 3514 and S. 1984) would provide disaster relief for commercial fishery failures caused by certain duties. The Commercial Fishing and Aquaculture Protection Act of 2019 (S. 2209) would provide assistance to eligible commercial fishermen and aquaculture producers who suffered losses in revenue. Eligible losses would be calculated as the difference between gross revenue in the calendar year in which losses occurred and 85% of the average gross revenue for the previous three years. The Fishery Failures: Urgently Needed Disaster Declarations Act (S. 2346) would replace Section 312(a) of the MSA, repeal Section 315 of the MSA, and repeal Section 308 of the IFA. Generally, S. 2346 would consolidate and clarify specific fishery disaster requirements that are currently in statue and part of the NMFS agency directive on fishery disasters. It would define terms frequently used in making fishery disaster determinations, such as fishery resource disaster, commercial fishery failure, fishing community, Indian tribe, man-made cause, natural cause, 12-month revenue loss, and undetermined cause.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/RL34209", "sha1": "6704227166f51eb4fd03e681d58f7047d73f1f4c", "filename": "files/20190911_RL34209_6704227166f51eb4fd03e681d58f7047d73f1f4c.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/RL34209", "sha1": "1825c595634dd6baa1ddac54c35ca07520190766", "filename": "files/20190911_RL34209_1825c595634dd6baa1ddac54c35ca07520190766.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4908, "name": "Oceans & Fisheries" }, { "source": "IBCList", "id": 4928, "name": "Wildlife & Ecosystems" } ] }, { "source": "EveryCRSReport.com", "id": 416318, "date": "2013-01-10", "retrieved": "2016-04-06T21:29:03.701070", "title": "Commercial Fishery Disaster Assistance", "summary": "Disaster relief may be provided by the federal government to assist the fishing industry when it is affected by a commercial fishery failure. A commercial fishery failure can be declared when fishermen endure economic hardships resulting from fish population declines or other disruptions to the fishery. The Department of Commerce can provide disaster assistance under Sections 308(b) and 308(d) of the Interjurisdictional Fisheries Act (16 U.S.C. \u00a74107), as amended, and Sections 312(a) and 315 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C \u00a7\u00a71861a and 1864). The National Marine Fisheries Service plays a central role in determining whether a commercial fishery failure has occurred and in allocating federal funding to states and affected fishing communities. Congress plays a pivotal role by appropriating funds and providing oversight of the process. States also play a role by initiating requests, providing information, and planning for the use of funds.\nOceanic conditions, climate, and weather events can impact fishery resources and/or commercial infrastructure such as boats, shoreside processing, and ports. Since 1994, federal commercial fishery failure determinations have been made on 42 occasions, and nearly $840 million in federal funding has been appropriated specifically for fishery disaster relief. Funds have been allocated to fisheries of the North Pacific, Pacific Northwest, Gulf of Mexico, and the East Coast. The most recent fishery failures have been declared for the Northeast multispecies fishery, Mississippi Sound fisheries, and certain Alaska Chinook salmon fisheries. \nDirect federal financial assistance has been provided to fishermen and fishing communities in the form of grants, job retraining, employment, and low interest loans. Assistance has also included fishery data collection, resource restoration, research, and fishing capacity reduction programs to prevent or lessen the effects of future disruptions to fisheries. However, critics contend that disaster assistance programs often fall short of expectations because sometimes funds are not disbursed in a timely manner, ambiguities complicate the definition of a fishery failure, relief may not be integrated with long-term fishery management objectives, and funds may not reach the people who are in the greatest need of assistance. \nDuring the 112th Congress, marginal changes to fisheries disaster determinations and disaster assistance were proposed in several bills. H.R. 1646 and H.R. 6350 would have amended the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to make a fishery disaster determination within 60 days after receiving a request. An amendment to S. 3240, the Agriculture Reform, Food, and Jobs Act of 2012, would have made commercial fishermen eligible for disaster loans that are available to farmers. Continued congressional interest in fishery disaster assistance during the 113th Congress may stem from the need to address funding for recently declared fisheries disasters and to improve the process for declaring fisheries disasters and providing assistance to the fishing industry.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL34209", "sha1": "1e633b7463ad42dc039e5e8826771d25d582e09d", "filename": "files/20130110_RL34209_1e633b7463ad42dc039e5e8826771d25d582e09d.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL34209", "sha1": "f87ecc369b96cf6c3c6db76c2fe7ea462f2a89ab", "filename": "files/20130110_RL34209_f87ecc369b96cf6c3c6db76c2fe7ea462f2a89ab.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 315, "name": "Ocean and Coastal Resources" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc491599/", "id": "RL34209_2010Jul29", "date": "2010-07-29", "retrieved": "2015-01-27T19:40:46", "title": "Commercial Fishery Disaster Assistance", "summary": "This report discusses disaster relief for commercial fishery, which be provided by the federal government to assist the fishing industry when it is affected by a commercial fishery failure. A commercial fishery failure occurs when fishermen endure economic hardships resulting from fish population declines or other disruptions to the fishery.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100729_RL34209_8de250155c75641a1f298b167a2267ea95d0ac2b.pdf" }, { "format": "HTML", "filename": "files/20100729_RL34209_8de250155c75641a1f298b167a2267ea95d0ac2b.html" } ], "topics": [ { "source": "LIV", "id": "Marine resources", "name": "Marine resources" }, { "source": "LIV", "id": "Disaster relief", "name": "Disaster relief" }, { "source": "LIV", "id": "Emergency management", "name": "Emergency management" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc816941/", "id": "RL34209_2008Nov10", "date": "2008-11-10", "retrieved": "2016-03-19T13:57:26", "title": "Commercial Fishery Disaster Assistance", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20081110_RL34209_b923ce1098907bb4a3c7be356111f66307aab43a.pdf" }, { "format": "HTML", "filename": "files/20081110_RL34209_b923ce1098907bb4a3c7be356111f66307aab43a.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc94118/", "id": "RL34209_2008May02", "date": "2008-05-02", "retrieved": "2012-07-24T12:39:36", "title": "Commercial Fishery Disaster Assistance", "summary": "This report discusses disaster relief for commercial fishery, which be provided by the federal government to assist the fishing industry when it is affected by a commercial fishery failure.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080502_RL34209_dce56517fff5eac1e3ecc66001bbdd9717fe3c52.pdf" }, { "format": "HTML", "filename": "files/20080502_RL34209_dce56517fff5eac1e3ecc66001bbdd9717fe3c52.html" } ], "topics": [ { "source": "LIV", "id": "Marine resources", "name": "Marine resources" }, { "source": "LIV", "id": "Disaster relief", "name": "Disaster relief" }, { "source": "LIV", "id": "Emergency management", "name": "Emergency management" } ] } ], "topics": [ "Energy Policy" ] }