§1861a Transition to Sustainable Fisheries

Summary

Creates a way to declare a fishery resource disaster and give money to states, Tribes, and fishing communities when fish stocks or access fall sharply because of natural, human, or unknown causes. The rules for asking for a disaster, how the government checks it, and how money can be used apply only to requests filed after December 29, 2022. Key defined terms (one line each): Allowable cause — a natural, human, or unknown cause, including events up to 5 years before a request. Anthropogenic cause — a human-caused event (for example, an oil spill) that managers could not prevent or fix. Fishery resource disaster — an unexpected big drop in stock or access that causes major revenue loss or harms subsistence fishing, but not normal cyclical changes or losses from conservation rules. Indian Tribe — the legal meaning in title 25, section 5130. Natural cause — weather, climate, or biology events (for example, hurricanes, floods, algal blooms, tsunamis, droughts, marine heat waves, disease). 12-month revenue loss — percent drop in a fishery’s revenue during the 12 months of the disaster compared to the average of the most recent five non-disaster years. Undetermined cause — a cause that cannot be identified with current knowledge. How the process works: Governors, Tribal resolutions, or other elected representatives can ask for a disaster finding within set time limits (usually within 1 year after a season ends; 2 years if the cause spans seasons; or 1 year after a complete closure). The Secretary of Commerce can also start a review on their own. Within 20 days of a request the Secretary must acknowledge it, give a NOAA regional contact, and explain the steps and timeline. The Secretary must finish a scientific and economic review within 120 days after a complete request or after the season ends. The decision uses revenue-loss rules: losses over 80% may qualify; losses from 35%–80% are examined for severity; losses under 35% do not qualify. The Secretary must consider charter and subsistence impacts and may deny eligibility if the fishery was overfished in the prior 3 years unless overfishing did not contribute. Money and payments: If a disaster is found and funds are appropriated, the Secretary can allocate money and must notify the public and affected communities within 14 days of the appropriation or finding (the Secretary can add 90 extra days to decide). A successful requester must send a spend plan within 120 days after notice; the Secretary will say if it is complete within 10 days, and funds must be paid within 90 days after a complete plan. Funds may be given as grants, direct payments, loans, or contracts and can be used for things like habitat work, research and data, capacity reduction, public infrastructure, direct help to people and businesses, and hatchery work. Federal payments normally cover up to 75% of project costs, but the Secretary can waive matching rules or pay 100% for direct assistance or Tribal/subsistence needs. Administrative spending is capped: NOAA may use up to 3% of the funds for admin; States or Tribes may use up to 5% of what remains. Vessels removed under capacity programs must be prevented from returning to fishing, lose any fishery endorsements, and cannot be sold to foreign owners. The law also authorizes $377,000,000 for fiscal years 2023–2027. It includes a voluntary fishing capacity reduction program that can pay owners who permanently surrender permits and scrap or permanently disable vessels, and it allows an industry fee system (subject to a referendum) with fees capped at 5% of ex-vessel value to help fund such programs. The statute also required a report, due within 12 months after January 12, 2007, identifying 20 U.S. fisheries with the worst excess harvesting capacity and recommending fixes.