The COVID-19 pandemic is disrupting our personal lives and businesses in unprecedented ways. The U.S. Congress responded by passing the CARES Act, a $2 trillion economic stabilization package, to provide relief to affected individuals and businesses.

The National Sea Grant Law Center, in partnership with the Mississippi-Alabama Sea Grant Legal Program, created this webpage to serve as a clearinghouse of reliable information on CARES Act programs and other issues associated with COVID-19 for the fishing, aquaculture, and seafood industries. This page is updated frequently as questions are received and resources come online.

The SBA resumed accepting Paycheck Protection Program applications from participating lenders on Monday, April 27, 2020. The SBA resumed accepting applications for the Economic Injury Disaster Loan (EIDL)-COVID-19 related assistance program (including EIDL Advances) from all eligible small businesses on June 15. (See SBA’s Coronavirus page). Information about these programs is available below, and we will continue to update the resources regarding documentation and repayment/forgiveness.

CARES Act Tip Sheet for Self-Employed Individuals

Pandemic Unemployment

Individuals unemployed, partially unemployed, or unable to work due to COVID-19 can receive a $600 weekly supplement to state unemployment benefits. Individuals can receive benefits for a maximum of 39 weeks from January 27, 2020 to December 31, 2020. Applications must be submitted through state unemployment offices.

For more information: What is Unemployment Insurance and how do you know if you're eligible?

Unemployment Quick Take

How to Apply for CARES Act Unemployment

Section 2102 of the CARES Act

Calculating Pandemic Unemployment Assistance (PUA) for Independent Contractors

Returning to Work (1 of 4)

Returning to Work (2 of 4)

Returning to Work (3 of 4)

Returning to Work (4 of 4)

Paid Leave

The Families First Coronavirus Resources Act requires private employers with less than 500 employees to provide all employees with 2 weeks (up to 80 hours) of paid sick leave if unable to work for certain reasons associated with COVID-19. Employees employed for more than 30 days are also entitled to up to an additional 10 weeks of paid expanded family and medical leave if unable to work to care for a child whose school/child care provided is closed or unavailable. Self-employed individuals may claim a tax credit for missed work.

For more information: Families First Coronavirus Response Act: Employer Paid Leave Requirements

Paid Leave Quick Take

Tax Credits

The CARES Act and other legislation passed by Congress to address COVID-19 impacts includes several provisions to reduce the tax burden on businesses affected by the crisis.

For more information: IRS Coronavirus Tax Relief

Employee Retention Credit Quick Take

Section 2031 of the CARES Act

Temporary IRS Rule Regarding Employment Tax Credits

Economic Injury Disaster Loans and Advances

Small businesses, cooperatives, non-profits, sole proprietors, and independent contractors are eligible to apply for Economic Injury Disaster Loans for up to $2 million through their local Small Business Administration. These entities can also apply for advances of $10,000 which do not have to be repaid.

For more information: SBA Disaster Assistance

EIDL Quick Take

Section 1110 of the CARES Act

Paycheck Protection Program

The Paycheck Protection Program is designed to help businesses retain workers and maintain payroll, and to make mortgage, rental, and utility payments. Small businesses, non-profits, sole proprietors, independent contractors, and eligible self-employed individuals that were in operation on February 15, 2020 and have fewer than 500 employees are eligible. Businesses can receive a 2-year loan at a 1.0% interest rate equal to 2.5 times average monthly payroll costs. Eight weeks after the loan is given, a business can request for all or part of the loan to be forgiven. Applications will be accepted starting April 3, 2020.

For more information: SBA Paycheck Protection Program (PPP)

PPP Quick Take

PPP Quick Take: Calculating Loan Amounts for Self-Employed Individuals with No Employees

PPP Quick Take: Calculating Loan Amounts for Self-Employed Individuals with Employees

PPP Loan Forgiveness Tip Sheet

PPP Flexibility Act

SBA Interim Rule [Guidance] for 1040 Individuals

Coronavirus Emergency Loans Small Business Guide and Checklist

Treasury Fact Sheet

SBA, Interim Final Rule [Guidance] on Paycheck Protection Program

SBA, Interim Final Rule [Guidance] on PPP – Additional Criterion for Seasonal Workers

Section 1102 and 1106 of the CARES Act

Assistance to Fishery Participants

All “Fishery Participants” affected by COVID-19 that suffered (1) a greater than 35% economic revenue loss as compared to prior 5-yr average revenue or (2) a negative impact to subsistence, cultural or ceremonial fisheries are eligible for this program. Fishery Participants are tribes, persons, fishing communities, and aquaculture businesses not eligible for the USDA Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program (see more info below), processors or other fishery related businesses. NOAA will administer the $300 million of fund on a rolling basis and within fishing seasons to enable the rapid delivery of funds. The funds will remain available until Sept. 30, 2021.

Stay tuned for more details for this program.

Section 12005 of the CARES Act

Fishery Participant Assistance Quick Take

USDA Food Purchases

On May 4, 2020, the U.S. Department of Agriculture’s Agricultural Marketing Service announced plans to purchase $470 million of food for distribution to food banks, school lunch programs, and other organizations. $70 million is allocated for purchases of fish as follows: catfish ($30 million); Atlantic haddock, pollock, and redfish ($20 million); Alaska pollock ($20 million). Purchase are made through a standard RFP, or solicitation process, from USDA approved vendors.

For more information on selling food to USDA: Selling Food to USDA

Selling Seafood to USDA Quick Take

Coronavirus Food Assistance Program (CFAP)

In April 2020, the USDA launched the Coronavirus Food Assistance Program (CFAP), a direct aid program for farmers who have been economically impacted by COVID. In order to be eligible for CFAP, commodities had to have experienced a decline in price of 5% or more between January 15, 2020 and April 15, 2020. Additionally, aquaculture operations in particular must be privately owned and propagate their products in a controlled environment (e.g., pond, tank, or recirculating system) in order to be covered by the program. After considering data submitted by producers and industry in May and June 2020, the USDA announced in August 2020 that producers of the following types of aquaculture commodities may apply for CFAP assistance: catfish, hybrid striped bass, red drum, salmon, sturgeon, tilapia, trout, ornamental and tropical fish, recreational sportfish, crawfish, and largemouth bass and carp sold live as foodfish.

The deadline for all CFAP applications has been extended from August 28, 2020 to September 11, 2020, and applications must be submitted to a local branch of the USDA’s Farm Service Agency (FSA), which is administering the program. The USDA has created a hotline to help CFAP-eligible producers—especially those who have not worked with FSA previously—begin the application process. The hotline’s phone number is (877) 508-8364.

For more information on CFAP: CFAP Final Rule

CFAP Quick Take – Eligible Aquaculture Commodities

Notice of Funding Availability; CFAP Additional Commodities Request for Information

Revised Notice of Funding Availability

Maintenance and Cure

Maritime law’s requirement that captains and vessel owners must provide medical care for crew members will apply to sickness caused by COVID-19. The principles for maintenance and cure apply to commercial fishermen, just as they do seafarers on cargo vessels and other commercial ships. A shipowner must pay maintenance and cure for any illness or injury which occurred, was aggravated, or manifested itself while the seaman was in the ship's service. (Stevens v. McGinnis, Inc., 82 F.3d 1353, 1357–58 (6th Cir. 1996)). If the afflicted crew member is unable to obtain the care they need aboard the ship, the operator of the vessel is responsible for the medical expenses incurred by the crew member on shore. (78A C.J.S. Seamen § 164).

With respect to minimizing their liability for maintenance and cure arising from COVID-19, shipowners and captains may wish to consider performing a quick health check—for example, taking crew members’ temperatures—before allowing them to board any vessels. Additionally, shipowners should closely follow the guidance that was recently issued by the CDC and Coast Guard to ensure the safety and regulatory compliance of their operations for the duration of the pandemic.