American Fisheries Promotion Act

(Measure passed House, amended, roll call $573 (300-97))

American Fisheries Promotion Act - =Title I: Research and Development Regarding the United States Fisheries= - Directs that funds transferred by the Secretary of Agriculture to the Secretary of Commerce from duties collected under customs laws on fishery products shall be maintained in a separate fund and used by the Secretary of Commerce to: (1) provide financial assistance for the purpose of carrying out fisheries development projects approved under this Act; and (2) implement the national fisheries research and development program as set forth by this Act.

Directs the Secretary of Commerce to make grants from such fund to assist persons in carrying out fishery research and development projects, including, but not limited to, harvesting, processing, marketing, and associated infrastructures.

Subjects each such grant to such terms and conditions as the Secretary may require to protect the interests of the United States.

Directs the Secretary, if the cost of a project will be shared by the grant recipient, to accept, as a part or all of the that share, the value of in-kind contributions made by the recipient, or made available to and applied by, the recipient, with respect to such project.

Requires the Secretary to carry out a national program of research and development addressed to United States fisheries, if not adequately covered by projects assisted by grants made pursuant to this Act.

Requires the Secretary, not later than 60 days before the close of each fiscal year, to submit to specified Congressional committees a report containing: (1) the fisheries development goals and funding priorities for the next fiscal year; (2) the status of each pending project; and (3) an analysis and evaluation of all projects assisted under this Act.

Specifies, with respect to any fiscal year, that not less than 50 percent of the moneys transferred to the fund and such existing fund moneys carried over into that fiscal year shall be used by the Secretary to provide financial assistance for projects, and the remainder of such moneys shall be used to implement the national fisheries research and development program.

Requires the Secretary to award grants to carry out, pursuant to the national fisheries research and development program: (1) projects to enhance the opportunities for the marketing of United States fish products, either domestically or abroad, or both; (2) projects to establish and operate a system (in which participation must be voluntary) to grade the quality of fish landed at a United States port; or (3) projects to improve fuel efficiency in carrying out fishing operations within a United States fishery.

Directs the Secretary of Commerce to appoint not fewer than six officers who shall, with the concurrence of the Secretary of State, serve abroad to promote United States fishing interests.

Requires the Secretary of State, upon the request of the Secretary of Commerce, to officially assign the officers to the diplomatic mission of the United States in the country in which such officers are placed, and to obtain for them diplomatic privileges and immunities. Sets forth the functions of the fishery trade officers.

=Title II: Financial Assistance with Respect to Fishing Vessels= - Authorizes the Secretary: (1) to guarantee the payment of obligations for financing or refinancing the construction, reconstruction, or reconditioning of fishery facilities capable of being used for priority development fisheries; and (2) to apply an economic soundness test with respect to guarantees of obligations for fishing vessels or facilities designed for use in such priority fisheries which is less stringent than the test applicable to other obligation guarantees under such Act. Directs the Secretary to establish within the Federal Ship Financing Fund three subfunds to contain moneys for obligation guarantees for: (1) fishing vessels and facilities meeting the more stringent test; (2) high risk fishing vessels and facilities meeting the less stringent test; and (3) vessels other than fishing vessels.

Declares that during the period beginning on the date of the enactment of this Act and ending at the close of September 30, 1982, the Secretary of Commerce may make loans from the fisheries loan fund only for the purpose of assisting obligors to avoid default on obligations: (1) issued with respect to the construction, reconstruction, reconditioning or purchase of fishing vessels and guaranteed by the United States under the Merchant Marine Act, 1936; or (2) not guaranteed or assisted under any Federal program, but in which the fishing vessels concerned meet the use and documentation requirements and the obligors meet the citizenship requirements that would apply if the obligations were guaranteed under such Act.

Requires the Secretary, within 90 days after the enactment of this Act in the case of fiscal year 1981, and before the beginning of fiscal year 1982, to estimate the number, and the aggregate amount of loans which are guaranteed by the United States under the Merchant Marine Act, 1936, for which application will likely be made during each of such fiscal years. Requires the Secretary to reserve such amount in the fisheries loan fund for the purpose of making such loans during such year.

Authorizes the Secretary, after loans to avoid default on obligations covering fishing vessels are provided for, to make loans for purpose of assisting owners and operators of fishing vessels to cover vessel operating expenses in cases where an owner or operator incurs, or may incur, a net operating loss during a fishing season.

=Title III: Amendments to the Fishery Conservation and Management Act of 1976= - Amends the Fishery Conservation and Management Act of 1976 to set forth a formula for the reduction of the total allowable level of foreign fishing, if any, with respect to any United States fishery for each harvesting season after the 1980 harvesting season.

Requires the appropriate fishery management council, for each United States fishery to determine and certify, on a fimely basis, to the Secretary of State and the Secretary, the phase-out fishing level for that fishery for each harvesting season after the 1980 harvesting season.

Directs the Secretary of State, upon a determination by the Secretary of Commerce that a portion of the optimum yield for a harvesting season will not be harvested by United States vessels, to allocate such portion for use by foreign fishing vessels during that harvesting season or the immediately succeeding season.

Requires the Secretaries to consider, in allocating the allowable level of foreign fishing among foreign nations which have applied for the right to harvest fish over which the United States exercises exclusive management authority, whether and to what extent the applicant nation: (1) imposes tariff barriers or nontariff barriers on the importation, or otherwise restricts the market access of United States fishing products; (2) cooperates with the United States to advance fisheries trade particularly through the purchase of fish and fisheries products from United States processors of fishermen; (3) cooperates with the United States in the enforcement of United States fishing regulations; (4) requires the fish harvested from the fishery conservation zone for domestic consumption; (5) contributes to the growth of the United States fishing industry by, among other things, minimizing gear conflicts with United States fishing operations and providing harvesting and processing technology beneficial to the fishing industry; (6) has traditionally engaged in fishing in such fishery; and (7) contributes to fishery research and identification of fishery resources.

Requires that fees paid for permits issued under this Act be formulated to ensure that the total receipts from such fees for 1981 are not less than seven percent of the ex vessel value of the total harvest by foreign fishing vessels in the fishery conservation zone in 1979. Prohibits the setting of such fees for any fishery at a level that: (1) would render foreign fishing in such fishery uneconomic; or (2) is lower than the level of fees imposed for such fishery for 1979.

Requires the Secretary, in consultation with the Secretary of State, to establish a schedule of fees to be paid by the owner or operator of any foreign fishing vessel for which a permit is issued pursuant to this Act. Requires such fees to be in an amount at least sufficient to return to the United States an amount which bears to the total cost of administering and enforcing the provisions of this Act during each fiscal year the same ratio as the aggregate quantity of fish harvested by foreign vessels within the fishery conservation zone during the preceding year bears to the aggregate quantity of fish harvested by both foreign and domestic vessels within such zone and the territorial sea of the United Stated during such year. Prohibits the setting of such fees for any fishery at a level that: (1) would render foreign fishing in such fishery uneconomic; or (2) is lower than the level of fees imposed for such fishery for 1979.

Directs the Secretary to establish a program requiring that a United States observer be stationed aboard each foreign fishing vessel while that vessel is engaged in fishing in the fishery conservation zone, permits issued after effective October 1, 1981, with respect to December 31, 1981. Authorizes the Secretary to waive such requirement if: (1) in the case of a fleet of harvesting vessels in such zone, the stationing of United States observers on only a portion of such fleet with provide a representative sampling of the by-catch of the fleet for determining if the applicable management plan requirements for the by-catch species are being observed; (2) the time during which a foreign vessel engages in fishing will be so short that placing an observer aboard will be impractical; (3) the facilities for quartering an observer aboard a foreign vessel are inadequate or unsafe; or (4) for reasons beyond the Secretary's control an observer is unavailable. Requires such observers, while aboard foreign fishing vessels, to carry out such scientific and other functions as the Secretary deems necessary to carry out the purposes of this Act.

Directs the Secretary to impose, with respect to each foreign fishing vessel, a surcharge in an amount sufficient to cover all costs of providing a United States observer aboard that vessel.

Establishes in the Treasury of the United States the Foreign Fishing Observer Fund in which the Secretary shall deposit all surcharges collected.

=Title IV: Miscellaneous Provisions= - Requires the Secretary, after promulgating a final rule, to submit such final rule to the Congress for review in accordance with this Act.

Allows any owner or operator of a fishing vessel who, after September 17, 1978, and before the date of enactment of this Act, suffered damage compensable under the Fisherman's Protective Act of 1967 or the Outer Continental Shelf Lands Act of 1978, but who did not timely file a claim therefor, to file an application for assistance within the 60 day period beginning on the date of enactment of this Act.