crs_reports: R49355

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R49355 Fishery Resource Disaster Assistance 2026-09-18T04:00:00Z 2026-09-19T16:22:55Z Active Reports Anthony R. Marshak Oceans & Fisheries, Natural Resources Policy, Fishing Industry & Fisheries 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 (including through an official resolution of an Indian Tribe) may initiate a request for assistance. The National Marine Fisheries Service (NMFS), state agencies, and fishing communities compile the information needed to make a determination. When all necessary information has been obtained and reviewed, the Secretary determines whether a fishery failure or fishery resource disaster (also referred to as fishery disaster) has occurred. In most cases, Congress has appropriated funds to support the fishing industry and/or tribal fisheries following the Secretary’s determination. Since 1994, the Secretary has made 144 fishery disaster determinations, and Congress has appropriated nearly $2.1 billion for fishery disaster relief. As of August 2026, examples of fishery disaster determinations have included those 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 or fishing community 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. §1861a(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Disasters Improvement Act (FRDIA; P.L. 117-328, Division S, Title II), Congress amended Section 312(a) of the MSA and repealed fishery disaster assistance provisions in Section 315 of the MSA (16 U.S.C. §1864, repealed).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. Subsequently, in January 2025, the Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act (FISHES Act; P.L. 118-229) amended the MSA to revise timelines for the Secretary to review requesters’ spend plans and timelines related to the disbursal of relief funds. 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. Although many observers posit that disaster assistance has provided much-needed aid to the fishing industry, 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 and other potential programs. 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 117th through 119th Congresses related to fishery disaster assistance. In the 119th Congress, the Fisheries Modernization Act of 2025 (H.R. 4800) would make certain freshwater crawfish fisheries eligible for fishery disaster assistance, and the Protect American Fisheries Act (H.R. 6150) would include an “economic cause” as an allowable cause for a fishery disaster determination (similar legislation was introduced in the 118th Congress [H.R. 10010]). Previous versions of the FISHES Act (H.R. 5103/S. 4262) also were introduced in the 118th Congress. 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. https://www.congress.gov/crs_external_products/R/PDF/R49355/R49355.2.pdf https://www.congress.gov/crs_external_products/R/HTML/R49355.html

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