American Fisheries Act
TABLE OF CONTENTS:
Title I: Standard of Ownership
Title II: Anti-Reflagging Act Exceptions
Title III: Phase Out of Certain Vessels
American Fisheries Act - Title I: Standard of Ownership - Amends Federal law relating to vessel documentation to require that, in order to be eligible for a fishery endorsement, 75 percent of the controlling interest in the vessel's owning entity be owned by U.S. citizens.
(Sec. 103) Requires, for vessels over a specified tonnage, annual filing of an affidavit of U.S. citizenship to demonstrate compliance with the controlling interest requirement. Requires the Administrator of the Maritime Administration to rigorously scrutinize transfers of ownership and control. Mandates revocation of the fishery endorsement of vessels that fail to demonstrate compliance with the controlling interest requirement. Authorizes appropriations. Imposes civil monetary penalties for knowingly falsifying or concealing a material fact or knowingly making a false statement or representation regarding the controlling interest requirement. Prohibits, without the consent of the Secretary of Transportation, the transfer in any manner to a non-U.S. citizen of any interest in or control of a documented fishing, fish processing, or fish tender vessel.
Title II: Anti-Reflagging Act Exceptions - Sets forth the circumstances in which a vessel, notwithstanding specified provisions of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, may not receive a fishery endorsement. Repeals provisions of that Act relating to the application of provisions prohibiting documentation of vessels before measuring.
Title III: Phase Out of Certain Fishing Vessels - Prohibits a fishery endorsement for a fishing vessel over a specified length, tonnage, or horsepower unless the vessel had a fishery endorsement before a specified date and has not surrendered it thereafter and its registered length, tonnage, and horsepower have not increased since then. Exempts: (1) replacement vessels if certain requirements are met; and (2) vessels engaged in fishing exclusively for highly migratory species primarily outside the navigable waters and exclusive economic zone of the United States.
Prohibits authorizing or permitting vessels over a specified length, tonnage, or horsepower from engaging in directed fishing for Atlantic mackerel or Atlantic herring unless their participation is specifically allowed in fishery management plans implemented for those fisheries. Mandates revocation of any nonconforming permit.
(Sec. 302) Amends the Fisheries Financing Act to prohibit Federal loan guarantees for the construction or rebuilding of a vessel intended for use as a fishing vessel if the vessel will be over a specified length, tonnage, or horsepower after the construction or rebuilding is completed.
Sponsor introductory remarks on measure. (CR S12777-12778)