AMERICAN FISHERIES ACT 1 [Public Law 105–277, Approved Oct. 21, 1998, 112 Stat. 2681–616] (Amended through Public Law 107-20, July 24, 2001) AN ACT making omnibus consolidated and emergency appropriations for the fiscal year ending September 30, 1999, and for other purposes. TITLE II-FISHERIES 2 Subtitle I-Fishery Endorsements SEC. 201. [46 U.S.C. 2101 note] SHORT TITLE. This title may be cited as the "American Fisheries Act". SEC. 202. STANDARD FOR FISHERY ENDORSEMENTS. [(a) STANDARD.-Made amendments to section 12102(c) of title 46, United States Code.] [(b) PREFERRED MORTGAGE.-Made amendments to section 31322(a) of title 46, United States Code.] SEC. 203. ENFORCEMENT OF STANDARD. (a) [46 U.S.C. 12102 note] EFFECTIVE DATE.-The amendments made by section 202 shall take effect on October 1, 2001. (b) [46 U.S.C. 12102 note] REGULATIONS.-Final regulations to implement this subtitle shall be published in the Federal Register by April 1, 2000. Letter rulings and other interim interpretations about the effect of this subtitle and amendments made by this subtitle on specific vessels may not be issued prior to the publication of such final regulations. The regulations to implement this subtitle shall prohibit impermissible transfers of ownership or control, specify any transactions which require prior approval of an implementing agency, identify transactions which do not require prior agency approval, and to the extent practicable, minimize disruptions to the commercial fishing industry, to the traditional financing arrangements of such industry, and to the opportunity to form fishery cooperatives. (c) [46 U.S.C. 12102 note] VESSELS MEASURING 100 FEET AND GREATER. (1) The Administrator of the Maritime Administration shall administer section 12102(c) of title 46, United States Code, as amended by this subtitle, with respect to vessels 100 feet or greater in registered length. The owner of each such vessel shall file a statement of citizenship setting forth all relevant facts regarding vessel ownership and control with the Administrator of the Maritime Administration on an annual basis to demonstrate compliance 1 This Act reflects amendments made through Public Law 107-20 (enacted July 24, 2001). 2 This title was enacted as part of division C of Public Law 105-277 (112 Stat. 2681-616). with such section. Regulations to implement this subsection shall conform to the extent practicable with the regulations establishing the form of citizenship affidavit set forth in part 355 of title 46, Code of Federal Regulations, as in effect on September 25, 1997, except that the form of the statement under this paragraph shall be written in a manner to allow the owner of each such vessel to satisfy any annual renewal requirements for a certificate of documentation for such vessel and to comply with this subsection and section 12102(c) of title 46, United States Code, as amended by this Act, and shall not be required to be notarized. (2) After October 1, 2001, transfers of ownership and control of vessels subject to section 12102(c) of title 46, United States Code, as amended by this Act, which are 100 feet or greater in registered length, shall be rigorously scrutinized for violations of such section, with particular attention given to leases, charters, mortgages, financing, and similar arrangements, to the control of persons not eligible to own a vessel with a fishery endorsement under section 12102(c) of title 46, United States Code, as amended by this Act, over the management, sales, financing, or other operations of an entity, and to contracts involving the purchase over extended periods of time of all, or substantially all, of the living marine resources harvested by a fishing vessel. (d) [46 U.S.C. 12102 note] VESSELS MEASURING LESS THAN 100 FEET. The Secretary of Transportation shall establish such requirements as are reasonable and necessary to demonstrate compliance with section 12102(c) of title 46, United States Code, as amended by this Act, with respect to vessels measuring less than 100 feet in registered length, and shall seek to minimize the administrative burden on individuals who own and operate such vessels. (e) [46 U.S.C. 12102 note] ENDORSEMENTS REVOKED.-The Secretary of Transportation shall revoke the fishery endorsement of any vessel subject to section 12102(c) of title 46, United States Code, as amended by this Act, whose owner does not comply with such section. [(f) PENALTY.-Made an amendment to section 12122 of title 46, United States Code.] (g) CERTAIN VESSELS.-The vessels EXCELLENCE (United States official number 967502), GOLDEN ALASKA (United States official number 651041), OCEAN PHOENIX (United States official number 296779), NORTHERN TRAVELER (United States official number 635986), and NORTHERN VOYAGER (United States official number 637398) (or a replacement vessel for the NORTHERN VOYAGER that complies with paragraphs (2), (5), and (6) of section 208(g) of this Act) shall be exempt from section 12102(c), as amended by this Act, until such time after October 1, 20011 as more than 50 percent of the interest owned and controlled in the vessel changes, provided that the vessel maintains eligibility for a fishery endorsement under the federal law that was in effect the day before the date of the enactment of this Act, and unless, in the case of the NORTHERN TRAVELER or the NORTHERN VOYAGER (or such replacement), the vessel is used in any fishery under the authority of a regional fishery management council other 1 So in law. Probably should be a comma. than the New England Fishery Management Council or Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1) (A) and (B)), or in the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX, the vessel is used to harvest any fish. SEC. 204. REPEAL OF OWNERSHIP SAVINGS CLAUSE. (a) REPEAL.-Section 7(b) of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12102 note) is hereby repealed. (b) [46 U.S.C. 12102 note] EFFECTIVE DATE.-Subsection (a) shall take effect on October 1, 2001. Subtitle II-Bering Sea Pollock Fishery SEC. 205. [16 U.S.C. 1851 note] DEFINITIONS. As used in this subtitle (1) the term "Bering Sea and Aleutian Islands Management Area" has the same meaning as the meaning given for such term in part 679.2 of title 50, Code of Federal Regulations, as in effect on October 1, 1998; (2) the term "catcher/processor" means a vessel that is used for harvesting fish and processing that fish; (3) the term "catcher vessel" means a vessel that is used for harvesting fish and that does not process pollock onboard; (4) the term "directed pollock fishery" means the fishery for the directed fishing allowances allocated under paragraphs (1), (2), and (3) of section 206(b); (5) the term "harvest" means to commercially engage in the catching, taking, or harvesting of fish or any activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; (6) the term "inshore component" means the following categories that process groundfish harvested in the Bering Sea and Aleutian Islands Management Area: (A) shoreside processors, including those eligible under section 208(f); and (B) vessels less than 125 feet in length overall that process less than 126 metric tons per week in roundweight equivalents of an aggregate amount of pollock and Pacific cod; (7) the term "Magnuson-Stevens Act" means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); (8) the term "mothership" means a vessel that receives and processes fish from other vessels in the exclusive economic zone of the United States and is not used for, or equipped to be used for, harvesting fish; (9) the term "North Pacific Council" means the North Pacific Fishery Management Council established under section 302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(G)); (10) the term "offshore component” means all vessels not included in the definition of "inshore component" that process |