Transition to sustainable fisheries

• Currency: Current through P.L. 118-13 (published on www.congress.gov on 08/07/2023)
• Citation: 16 U.S.C. § 1861a

(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, including a cause that occurred not more than 5 years prior to the date of a request for a fishery resource disaster determination that affected such applicable fishery.

(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 large 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 loss or negative subsistence impact 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 chapter.

(D) Indian Tribe

The term "Indian Tribe" has the meaning given such term in section 5130 of title 25, 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, as applicable, in commercial, charter, headboat, or processor revenue for the affected fishery for the 12 months during which the fishery resource disaster occurred, when compared to average annual revenue in the most recent 5 years when no fishery resource disaster occurred 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 for such purposes, to be used by the affected State, Indian Tribe, or interstate marine fisheries commission, or by the Secretary in cooperation with the affected State, Indian Tribe, or interstate marine fisheries commission.

(C) Savings clause

The requirements under this paragraph and paragraphs (3), (4), and (5) shall take effect only with respect to fishery resource disaster determination requests submitted after December 29, 2022.

(3) Initiation of a fishery resource disaster review

(A) Eligible requesters

(i) In general

If the Secretary has not independently determined that a fishery resource disaster has occurred, a request for a fishery resource disaster determination may be submitted to the Secretary at any time, but not later than the applicable date determined under clause (ii), by-

(I) the Governor of an affected State;

(II) an official resolution of an Indian Tribe; or

(III) any other comparable elected or politically appointed representative as determined by the Secretary.

(ii) Applicable date

The applicable date under this clause shall be-

(I) 1 year after the date of the conclusion of the fishing season;

(II) in the case of a distinct cause that occurs during more than 1 consecutive fishing season, 2 years after the date of the conclusion of the fishing season for which the request for a fishery resource disaster determination is made; or

(III) in the case of a complete fishery closure, 1 year after the date on which that closure is 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, as determined by the eligible requester, including geographic boundaries that are smaller than the area represented by the eligible requester;

(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 large 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) significant-

(aa) 12-month revenue loss for the affected fishery; or

(bb) negative subsistence impact for the affected fishery, or if a fishery resource disaster has occurred at any time in the previous 5-year period, the most recent 5 years when no fishery resource disaster occurred;

(III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw fish tax and local sourcing requirements; and

(IV) if applicable and available, information on affected fishery 12-month revenue loss for charter, headboat, or processors related to the information provided under subclause (I), subject to section 1881a(b) of this title.

(C) Assistance

The Secretary may provide data and analysis assistance to an eligible requester described in paragraph (1), if-

(i) the assistance is so requested;

(ii) the Secretary is in possession of the required information described in subparagraph (B); and

(iii) the data is not available to the requester, in carrying out the complete request under subparagraph (B).

(D) Initiation of review

The Secretary shall have the discretion to initiate a fishery resource disaster review without a request.

(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.