American Fisheries Act of 1998

Summary: American Fisheries Act of 1998 - Revokes permanently all licenses, permits, and other fishing privileges that have the effect of allowing specified vessels that "are not vessels of the United States" (Subject Fishing Vessels) to operate in U.S. fisheries, as well as any fishing history of such vessels.  Exempts from such revocation, until December 31, 2001, the operation of such vessels in the Bering Sea pollock fishery and the Pacific whiting fishery. 
Mandates a fish harvesting moratorium for large fishing vessels in the U.S. exclusive economic zone until approval and implementation of a fishery management plan (developed by either the Secretary of Commerce, a regional fishery management council, or an interstate marine fishery management commission) specifically authorizing large fishing vessels to harvest fish in such zone. 
Declares such moratorium inapplicable to any fishing vessel engaged exclusively in a fishery conducted primarily outside the U.S.  exclusive economic zone.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Fisheries Act of 1998''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Subject Fishing Vessel'' means any vessel 
        that--
                    (A) commercially engages 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, or is used or equipped 
                for, the processing of fish for commercial use or 
                consumption;
                    (B) was not a ``vessel of the United States'' on 
                September 25, 1997, as such term is defined in section 
                4 of this Act;
                    (C) was the subject of letter rulings stating that 
                the vessel would satisfy both the grandfather 
                provisions of section 4(a)(4) and section 7 of Public 
                Law 100-239; and
                    (D) was built in the United States and was--
                            (i) purchased, or contracted for purchase 
                        prior to July 28, 1987;
                            (ii) the subject of a contract for 
                        rebuilding entered into before July 12, 1988;
                            (iii) rebuilt in a foreign shipyard and 
                        redelivered to the owner prior to July 28, 
                        1990; and
                            (iv) not owned or controlled by the same 
                        entity during the occurrence of each of the 
                        events described in clauses (i) through (iii) 
                        of this subparagraph.
        For purposes of subparagraph (D)(iv) an entity shall not be 
        deemed to be the ``same entity'' if, prior to July 28, 1990, 
        the ownership of a corporation or partnership with title to or 
        an ownership interest in a Subject Fishing Vessel was sold to 
        different individuals, corporations, or partnerships, or title 
        to, or an ownership interest in, the Subject Fishing Vessel was 
        sold to different individuals, corporations, or partnerships.
            (2) The term ``fishing history'' means the record of prior 
        fishing activity or performance of a fishing vessel that may be 
        considered in relationship to any form of limited access or 
        other fishery management plan or plan amendment enacted 
        pursuant to the Magnuson-Stevens Fishery Conservation and 
        Management Act.
            (3) The term ``fishing privilege'' means any authorization, 
        consent, or other permission necessary for a fishing vessel to 
        participate in any fishery of the United States.
            (4) The term ``Secretary'' means the Secretary of Commerce 
        or his designee.

SEC. 3. PHASEOUT OF SUBJECT FISHING VESSELS.

    (a) Notwithstanding the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) or any other provision of law, 
except as provided in subsection (b), all fishery licenses, permits, or 
other fishing privileges of Subject Fishing Vessels that have the 
effect of allowing the operation of such vessels in the fisheries of 
the United States, and any fishing history of such vessels, are hereby 
revoked.
    (b) Notwithstanding subsection (a), any fishery license, permit, or 
other fishing privilege of a Subject Fishing Vessel that has the effect 
of allowing the operation of such a vessel in the Bering Sea pollock 
fishery and the Pacific whiting fishery--
            (1) shall remain in effect until December 31, 2001; and
            (2) shall not be transferred or reissued to another 
        individual, corporation, partnership, association, trust, joint 
        venture, or other entity for use in conjunction with any other 
        fishing or fish processing vessel including another Subject 
        Fishing Vessel.
    (c) All fishery licenses, permits, and other fishing privileges of 
Subject Fishing Vessels that have the effect of allowing such vessels 
to operate in any fishery of the United States, and all fishing history 
of such vessels shall be permanently revoked on December 31, 2001, and 
no new licenses, permits, or other fishing privileges may be issued 
that would have the effect of allowing Subject Fishing Vessels to 
operate in any fishery of the United States on or after December 31, 
2001.

SEC. 4. FISHING VESSEL QUALIFICATIONS.

    (a) For the purposes of this Act, a ``vessel of the United States'' 
as defined by section 3(43)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802(43)(A)), shall be a 
vessel that is documented under the laws of the United States and is 
owned by a corporation, partnership, association, trust, joint venture, 
or other entity in which at least a 75 percent controlling interest in 
such entity, in the aggregate, is owned by citizens of the United 
States.
    (b) All fishing vessels, other than Subject Fishing Vessels, shall 
have 18 months from the date of enactment of this Act to comply with 
subsection (a). Upon the expiration of such 18-month period, any 
fishing privileges, and fishing history, related to the operation in a 
fishery of the United States of any vessel that is not in compliance 
with subsection (a) shall be immediately revoked.

SEC. 5. MORATORIUM ON LARGE FISHING VESSELS.

    (a) In General.--Notwithstanding any provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.), no large fishing vessel may engage in the harvesting of any fish 
in the United States exclusive economic zone until such time after the 
date of enactment of this Act as a fishery management plan, developed 
by the Secretary, a regional fishery management council, or an 
interstate marine fishery management commission, as appropriate, that 
specifically authorizes large fishing vessels to engage in the 
harvesting of fish in the exclusive economic zone of the United States, 
has been approved and implemented.
    (b) Large Fishing Vessel Defined.--In this section, the term 
``large fishing vessel'' means a fishing vessel of the United States 
(as that term is defined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802)) that is equal to or 
greater than 165 feet in length overall, of more than 750 gross 
registered tons, or that has engines capable of producing a total of 
more than 3,000 shaft horsepower.
    (c) Savings Clause.--This section shall not apply to any large 
fishing vessel which has fished in a fishery or fisheries of the United 
States prior to the date of introduction of this Act, and which was 
endorsed with a fishery endorsement that was effective on September 25, 
1997, and has not been surrendered at any time thereafter, unless the 
Secretary approves and implements fishery management plans or 
amendments to such plans which specifically exclude such vessels from a 
fishery or fisheries.
    (d) Replacement of Lost Fishing Vessels.--Notwithstanding 
subsection (a) of this section, the owner of an existing large fishing 
vessel that had a valid fishery license, permit, or other fishing 
privilege on September 25, 1997, may obtain a fishery license, permit, 
or other fishing privilege for a replacement vessel in the event of the 
actual total loss or constructive total loss after September 25, 1997, 
of such existing vessel, if--
            (1) such loss was caused by an act of God, an act of war, a 
        collision, an act or omission of a party other than the owner 
        or agent of the vessel, or any other event not caused by the 
        willful misconduct of the owner or agent;
            (2) the existing vessel actively harvested fishery 
        resources in the exclusive economic zone of the United States 
        during the year prior to such loss;
            (3) the replacement vessel is of the same or lesser 
        registered length, gross registered tons, and shaft horsepower 
        than the existing vessel;
            (4) the fishery license, permit, or other fishing privilege 
        for the new vessel is issued within 24 months of the loss of 
        the existing vessel; and
            (5) the replacement vessel otherwise qualifies under laws 
        of the United States for a fishery license, permit, or other 
        fishing privilege.
    (e) Fishing Vessels Operating in Fisheries Outside the Exclusive 
Economic Zone.--This section shall not apply to a fishing vessel 
engaged exclusively in a fishery in which the fishing is conducted 
primarily outside of the boundaries of the exclusive economic zone of 
the United States as that zone is defined in section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).