12-month revenue loss
(1) Definitions In this subsection: (A) Allowable cause The term “allowable cause” means a natural cause, discrete anthropogenic cause, or undetermined cause, including a cause that occurred not more than 5 years prior to the date of a request for a fishery resource disaster determination that affected such applicable fishery. (B) Anthropogenic cause The term “anthropogenic cause” means an anthropogenic event, such as an oil spill or spillway opening— (i) that could not have been addressed or prevented by fishery management measures; and (ii) that is otherwise beyond the control of fishery managers to mitigate through conservation and management measures, including regulatory restrictions imposed as a result of judicial action or to protect human health or marine animals, plants, or habitats. (C) Fishery resource disaster The term “fishery resource disaster” means a disaster that is determined by the Secretary in accordance with this subsection and— (i) is an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource, which may include loss of fishing vessels and gear for a substantial period of time and results in significant revenue loss or negative subsistence impact due to an allowable cause; and (ii) does not include— (I) reasonably predictable, foreseeable, and recurrent fishery cyclical variations in species distribution or stock abundance; or (II) reductions in fishing opportunities resulting from conservation and management measures taken pursuant to this chapter. (D) Indian Tribe The term “Indian Tribe” has the meaning given such term in section 5130 of title 25 , and the term “Tribal” means of or pertaining to such an Indian tribe. (E) Natural cause The term “natural cause”— (i) means a weather, climatic, hazard, or biology-related event, such as— (I) a hurricane; (II) a flood; (III) a harmful algal bloom; (IV) a tsunami; (V) a hypoxic zone; (VI) a drought; (VII) El Niño effects on water temperature; (VIII) a marine heat wave; or (IX) disease; and (ii) does not mean a normal or cyclical variation in a species distribution or stock abundance. (F) 12-month revenue loss The term “12-month revenue loss” means the percentage reduction, as applicable, in commercial, charter, headboat, or processor revenue for the affected fishery for the 12 months during which the fishery resource disaster occurred, when compared to average annual revenue in the most recent 5 years when no fishery resource disaster occurred or equivalent for stocks with cyclical life histories. (G) Undetermined cause The term “undetermined cause” means a cause in which the current state of knowledge does not allow the Secretary to identify the exact cause, and there is no current conclusive evidence supporting a possible cause of the fishery resource disaster.