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           Fishery Resource Disaster Determination Ti

           In the Fishery Resource  Disasters Improvement Act (P.L.   117-328, Division 5, Title 11), enacte
Congress   amended or repealed several fishery disaster authorities administered by the Secr
Subseauentlv,   in the Fishery  Imorovement to Streamline untimely reaulatory Hurdles Dost Emer


The  Secretary  of Commerce may initiate-or be asked to initiate1-a review to determine whether a fishery resource
disaster has  occurred.  After an evaluation  process,  the Secretary  makes   a final determination   based  on  criteria such as
whether   there was  a loss of access to the  fishery resource  and  if economic  losses were  greater  than  prescribed  thresholds.


         Request to
         Secretary


A requester can submit a request
for a determination to the Secretary


year





years


after the conclusion of the
fishing season or
the onset of complete
fishery closure,
OR
after the conclusion of
the fishing season, if the
cause occurs during more
than one consecutive
fishing season


         Interim
       Response

The Secretary must provide an
interim response to requester
         after receipt of the
 days    request


   SEvaluation of
           Request

The Secretary must complete the
review


days


after the conclusion of the
fishing season, if it has not
concluded when the
request is received, OR
after the Secretary receives
a complete request, if
  * there is no defined
    fishing season
  * the fishing season has
    concluded, or
  * the fishery is expected
    to be closed for the
    entire season


  Notiication of
  Determination


The Secretary must notify
the requester (and others)
of the determination
(e.g., positive determination that
a fishery resource disaster has
occurred, including its identified
cause; negative determination;
determination that a fishery is
ineligible)


        afterthe
        da onclusion of
days    the review


No later than


rFNIDS BRA  1 '


The  Secretary  of Commerce may begin the process for disbursing funds to communities with unfunded positive
disaster determinations once Congress has appropriated funds to support a particular fishery disaster or multiple
fishery disasters. Congress may appropriate these funds on a case-by-case basis, typically post-disaster, or in
anticipation  of future  fishery disasters.


'A request can be made by the governor ofan affected state,an official resolution ofan Indian tribe, or any other comparable elected or politically appointed
representative as determined by the Secretary of Commerce. Atitle in bold indicates the individual for whom a given deadline applies.
'The legislative language (16 U.S.C. §1861a(a)) usestheterms affirmativefisheryresourcedisasterdetermination,positivedetermination, andpositivedisaster
determination. For the purpose of this infographic, CRS is assuming the three terms are intended to be interpreted interchangeably.
In determining the allocation of appropriations for a fishery resource disaster,the Secretaryof Commerce shall consider revenue losses and negative impacts
to subsistence or Indian tribe ceremonial fishing opportunity, for the affected fishery, among other factors.
If requested by the Secretary of Commerce, the Director of the White House Office of Management and Budget may review a completed spend plan
concurrently with the Secretary in accordance with the 90-day timeline.                                                    C   R   S
Information as of January 23, 2025. Prepared by Tony Marshak,Analyst in Natural Resources Policy, and Marl Lee, Visual Information Specialist.
Eva Lipiec, Specialist in Natural Resources Policy, assisted with this infographic.

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