LegiStorm

Summary:

Oceanic conditions, climate, human activities, and weather events can affect fishery resources and commercial infrastructure, such as boats, shoreside processing, and ports. Congress authorized the Secretary of Commerce (the Secretary) to provide disaster assistance to the fishing industry when fish populations decline or other disruptions cause economic losses. The governor of a state, the Secretary, 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 determines whether a fishery failure or disaster has occurred. In most cases, Congress has appropriated funds to support the fishing industry following the Secretary’s determination. Since 1994, the Secretary has made 135 fishery disaster determinations and Congress has appropriated nearly $1.8 billion for fishery disaster relief. As of 2024, fishery disaster determinations have been made for salmon fisheries in the Pacific Northwest and Alaska, Alaskan crab fisheries, West Coast Dungeness crab fisheries, the New England Atlantic herring fishery, and fisheries affected by several hurricanes and other causes. NMFS, states, interstate marine fisheries commissions, and industry representatives often work together to develop a spend plan for how assistance will be distributed to the fishing industry and allocated among potential projects. The criteria for the Secretary to determine whether a commercial fishery failure or fishery resource disaster has occurred is provided in Section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C. §1861(a)). In 2022, through the Fishery Resource Disasters Improvement Act (FRDIA; P.L. 117-328, Division S, Title II), Congress amended Section 312(a) of the MSA and repealed fishery disaster assistance provisions in Section 315 of the MSA (16 U.S.C. §1864, repealed). It also amended Sections 308(b) and 308(d) of the Interjurisdictional Fisheries Act (IFA; 16 U.S.C. §4107, repealed). The FRDIA amendments added prescriptive definitions, timelines, requirements, and revenue thresholds regarding the determination and administration of fishery disaster assistance to MSA Section 312(a). The legislation consolidated and clarified many of the provisions originally in the MSA and the IFA, and it incorporated parts of the NMFS agency directive on fishery disasters. Direct federal financial assistance may be provided to fishers and fishing communities in the form of grants, direct payments, cooperative agreements, loans, or contracts. In addition to providing direct assistance following an economic loss, assistance may support efforts to prevent or lessen the effects of future disruptions to fisheries; these efforts may include fishery data collection, resource restoration, research, stock enhancement (e.g., through hatcheries), 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. Stakeholders and experts also have raised concerns about the effectiveness of current fishery disaster assistance approaches in the context of climate change and in consideration of future disasters. Many in Congress have shown consistent interest in fishery disaster assistance. In addition to the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136), which provided support to fishers affected by the coronavirus disease 2019 (COVID-19) pandemic, several bills were introduced during the 116th -118th Congresses related to fishery disaster assistance. These bills included similar versions of the Fishery Failures: Urgently Needed Disaster Declarations Act (H.R. 5548/S. 2346) introduced in the 116th Congress that would have made extensive changes to the fishery disaster assistance process. Additionally, two identical bills in the 116th Congress (H.R. 3514/S. 1984) would have added the effects of certain duties on seafood markets as a potential cause of a commercial fishery failure under the MSA. Furthermore, the Commercial Fishing and Aquaculture Protection Act of 2019 (S. 2209), also introduced in the 116th Congress, would have provided assistance to eligible commercial fishers and aquaculture producers that suffer losses in revenue. In the 117th Congress, previous versions of the FRDIA were introduced (H.R. 5453/S. 2923), and proposed refinements to the fishery disaster assistance process also were included in two separate bills (H.R. 59 and H.R. 4690), each of which would have comprehensively amended the MSA. H.R. 5103/S. 4262, introduced in the 118th Congress, would require the White House Office of Management and Budget (OMB) to approve a spend plan for fishery disaster assistance within 30 days (or to deny a spend plan within 15 days) after the date that the Secretary submits the plan for approval. As of June 2024, these two bills have been referred to their respective committees of jurisdiction.