HR6150-119

What This Bill Does

The Protect American Fisheries Act expands fishery resource disaster law to cover economic harms caused by foreign conduct. It amends the Magnuson-Stevens Fishery Conservation and Management Act to add economic cause alongside natural, anthropogenic, and other causes. Economic cause means activity by a foreign person that the Secretary determines distorts the market for a fishery resource, disrupts sustainable harvest, or hinders the operational or economic viability of a fishery resource. Foreign person includes non-U.S. individuals, foreign governments, international financial institutions, foreign-organized or foreign-based entities, and U.S. entities owned, controlled, or directed by those foreign persons. Disaster request documentation may include adverse effects of foreign activities on fishery operational or economic viability, including illegal, unreported, or unregulated fishing, forced or child labor, predatory pricing, and subsidies that depress U.S. or export seafood prices or otherwise distort markets. The Secretary must consider submitted information on foreign activities and their specific economic effects when reviewing fishery resource disaster requests.

Who Benefits and How

Domestic fishing communities benefit because foreign market distortion can support fishery resource disaster recognition. U.S. seafood producers benefit when illegal fishing, forced or child labor, predatory pricing, or foreign subsidies can be documented in disaster requests. Fishery managers benefit from statutory definitions of economic cause and foreign person. Coastal economies benefit if fishery disaster relief better reflects foreign economic harms.

Who Bears the Burden and How

Foreign persons whose conduct distorts seafood markets may be cited in disaster documentation and federal determinations. NOAA and Commerce fishery disaster staff must assess economic-cause evidence and foreign-activity impacts. Requesters must document foreign activities and specific economic effects when relying on economic cause. Foreign governments, foreign seafood companies, and subsidized producers face more scrutiny in U.S. fishery disaster reviews.

Key Provisions

• Adds economic cause as a basis for fishery resource disaster determinations.
• Defines foreign person to include foreign individuals, governments, international financial institutions, foreign entities, and controlled U.S. entities.
• Requires disaster documentation to address foreign activities such as illegal fishing, forced or child labor, predatory pricing, and harmful subsidies.
• Requires the Secretary to consider foreign economic effects on fishery viability.
• Expands disaster analysis to include seafood price and export-market distortions.