Fishery Endorsemennt

46 U.S.C. 12113 (2006). Fishery endorsement.
(a) Requirements. A fishery endorsement may be issued for a vessel that –
(1) satisfies the requirements of section 12103 of this title and, if owned by an entity, the
entity satisfies the ownership requirements in subsection (c);
(2) was built in the United States;
(3) if rebuilt, was rebuilt in the United States;
(4) was not forfeited to the United States Government after July 1, 2001, for a breach of
the laws of the United States; and
(5) otherwise qualifies under the laws of the United States to engage in the fisheries.
(b) Authorized activity.
(1) In general. Subject to the laws of the United States regulating the fisheries, a vessel
for which a fishery endorsement is issued may engage in the fisheries.
(2) Use by prohibited persons. A fishery endorsement is invalid immediately if the vessel
for which it is issued is used as a fishing vessel while it is chartered or leased to an
individual who is not a citizen of the United States or to an entity that is not eligible to
own a vessel with a fishery endorsement.
(c) Ownership requirements for entities.
(1) In general. A vessel owned by an entity is eligible for a fishery endorsement only if
at least 75 percent interest. In determining whether at lest 75 percent of the interest in the
entity is owned and controlled by citizens of the United States under paragraph (1), the
Secretary shall apply section 50501(d) of this title, except that for this purpose the terms
“control” or “controlled”-(2) Determining 75 percent interest. In determining whether at least 75 percent of the
interest in the entity is owned and controlled by citizens of the United States under
paragraph (1), the Secretary shall apply section 50501(d) of this title, except that for this
purpose the terms “control” or “controlled”-(A) include the right to-(i) direct the business of the entity;
(ii) limit the actions of or replace the chief executive officer, a majority of the board of
directors, any general partner, or any person serving in a management capacity of entity;
or

(iii) direct the transfer, operation, or manning of a vessel with a fishery endorsement; but
(B) do not include the right to simply participate in the activities under subparagraph (A),
or the exercise of rights under loan or mortgage covenants by a mortgagee eligible to be
preferred mortgagee under section 31322(a) of this title, except that a mortgagee not
eligible to own a vessel with a fishery endorsement may only operate such a vessel to the
extent necessary for the immediate safety of the vessel or for repairs, drydocking, or
berthing changes.
(3) Exceptions. This subsection does not apply to a vessel when it is engaged in the
fisheries in the exclusive economic zone under the authority of the Western Pacific
Fishery Management Council established under section 301(a)(1)(H) of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(H)) or to a
purse seine vessel when it is engaged in tuna fishing in the Pacific Ocean outside the
exclusive economic zone or pursuant to the South Pacific Regional Fisheries Treaty,
provided that the owner of the vessel continues to comply with the eligibility
requirements for a fishery endorsement issued pursuant to this paragraph is valid for
engaging only in the activities described in this paragraph.
(d) Requirements based on length, tonnage, or horsepower.
(1) Application. This subsection applies to a vessel that-(A) is greater than 165 feet in registered length;
(B) is more than 750 gross registered tons as measured under chapter 145 of this title or
1,900 gross registered tons as measured under chapter 143 of this title; or
(C) has an engine or engines capable of producing a total of more than 3,000 shaft
horsepower.
(2) Requirements. A vessel subject to this subsection is not eligible for a fishery
endorsement unless-(A)(i) a certificate of documentation was issued for the vessel and endorsed with a fishery
endorsement that was effective on September 25, 1997;
(ii) the vessel is not placed under foreign registry after October 21, 1998; and
(iii) if the fishery endorsement is invalidated after October 21, 1998, application is made
for a new fishery endorsement within 15 business days of the invalidation; or
(B) the owner of the vessel demonstrates to the Secretary that the regional fishery
management council of jurisdiction established under section 302(a)(1) of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)) has
recommended after October 21, 1998, and the Secretary of Commerce has approved,

conservation and management measures in accordance with the American Fisheries Act
(Public Law 105-277, div. C, title II) (16 U.S.C. 1851 note) to allow the vessel to be used
in fisheries under the council’s authority.
(e) Vessels measuring 100 or greater.
(1) In general. The Administrator of the Maritime Administration shall administer
subsections (c) and (d) with respect to vessels 100 feet or greater in registered in 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 on an
annual basis to demonstrate compliance with those provisions.
(2) Regulations. Regulations to implement this subsection shall conform to the extent
practicable with the regulations established the form 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 shall be written in a manner to allow the owner of the
vessel to satisfy any annual renewal requirements for a certificate of documentation for
the vessel and to comply with this subsection and subsections (c) and (d), and shall not be
required to be notarized.
(3) Transfer of ownership. Transfers of ownership and control of vessels subject to
subsection (c) or (d), which are 100 feet or greater in registered length, shall be
rigorously scrutinized for violations of those provisions, with particular attention given
to-(A) leases, charters, mortgages, financing, and similar arrangements;
(B) the control of persons not eligible to own a vessel with a fishery endorsement under
subsection (c) or (d), over management, sales, financing, or other operations of an entity;
and
(C) contracts involving the purchase over extended periods of time of all, or substantially
all, of the living maritime resources harvested by a fishing vessel.
(f) Vessels measuring left than 100 feet. The Secretary shall establish reasonable and
necessary requirements to demonstrate compliance with subsections (c) and (d), with
respect to vessels measuring less than 100 feet in registered length, and shall seek
minimized the administrative burden on individuals who own and operate those vessels.
(g) Vessels purchased through fishing capacity reduction program. A vessel
purchased by the Secretary of Commerce through a fishing capacity reduction program
under the Magnuson-Stevens Fishery Conservation Management Act (16 U.S.C. 1801 et
seq.) or section 308 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107) is
not eligible for a fishery endorsement, and any fishery endorsement issued for that vessel
is invalid.

(h) Revocation of endorsements. The Secretary shall revoke the fishery endorsement of
any vessel subject to subsection (c) or (d) whose owner does not comply with those
provisions.
(i) Regulations. Regulations to implement subsection (c) and (d) and sections ownership
or control, specify any transactions that require prior approval of an implementing
agency, identify transactions that do not require prior agency approval, and to the extent
practicable, minimize disruptions to the commercial fishing industry, to the traditional
financing arrangements of that industry, and to the opportunity to form fishery
cooperatives.