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American Fisheries Act

A fish is surrounded by a rudder

AFA FAQ's Why do I need MARAD's approval to receive a fishery endorsement from USCG?

The American Fisheries Act ("AFA") was enacted by Congress in 1998 in an effort to increase U.S. Citizen participation in the U.S. fisheries. The main thrust of the AFA was to increase the level of U.S. Citizen ownership and control of vessels operating in the United States fisheries. Beginning in October of 2001, the AFA required MARAD and USCG to scrutinize the level of control exercised over a fishing industry vessel with regard to such issues as the right to direct the transfer, operation, or manning of vessels when analyzing whether there exists impermissible foreign control.

Since that time, MARAD has been reviewing the issues of ownership and control of all fishing industry vessels of 100 feet or greater in length that seek entry into U.S. fisheries pursuant to our implementing regulations at 46 CFR 356, while USCG has been responsible for those vessels below 100 feet in length. In order for USCG to document your vessel with a fishery endorsement they must be assured that the ownership and control of the vessel is in the hands of those who meet the requirements of the AFA. MARAD provides USCG a letter that states that a certain vessel, of 100 feet or greater in length, is approved as eligible to receive a fishery endorsement. Our approval means the vessel meets the AFA requirements and USCG can proceed to process the vessel as eligible to receive a fishery endorsement.

When should I submit my application for MARAD approval?

Applications to receive approval as eligible to document a vessel of 100 feet or greater in length with a fishery endorsement are due in to the Maritime Administration 45 days prior to the vessel's documentation date with United States Coast Guard. Since USCG documentation dates are due the last day of the month, you can expect your MARAD due date to be in the middle of the preceding month. This time frame allows us to process your application and transmit our approval to USCG before documentation of the vessel comes due. Without our approval, the USCG will not document the vessel with a fishery endorsement. Of course we are happy to take applications anytime before the 45 day window, its better to be early than late.

 How often do I apply for MARAD approval?

Vessel owners, Mortgage Trustees, and Vessel Mortgagees must apply on an annual basis. If you have more than one vessel you may submit your application once, using the first vessel to require documentation in a calendar year as the lead vessel. Example: Vessel ALPHA has a documentation date of February 28 and Vessel BETA has a documentation date of June 30th and these vessels comprise your fleet. You may apply for citizenship approval/fishery endorsement eligibility approval for ALPHA as the Lead Vessel in the calendar year and our approval will stipulate that you are eligible to document both ALPHA and BETA with fishery endorsements for the year. If you intend to use this single application format then please be sure to include the names and vessel numbers of the rest of the fleet in your cover letter so that we can include them in the approval letter.

If you are a Vessel Mortgagee or Mortgage Trustee then you are required to file for approval annually or for as long as you have a preferred mortgage on the vessel or act in the capacity as mortgage trustee. M ARAD will designate in your original approval letter the date that the annual filing will be due.

How do I know what to include in the application?

Our website should provide you with all the information you need including the actual affidavit formats that you may download or copy. You may find the affidavits on this site listed according to the type of vessel ownership structure (i.e. Corporation, LLC, Partnership). Also, be sure to read the American Fishery Act regulations at 46 CFR Section 356.13 (1-12) that is provided on our website. Section 356.13 lays out all the material that you must supply to MARAD in order to have a complete filing.

 Do I have to send in all the materials listed in 356.13 every year in my renewal?

You must supply MARAD with a current affidavit each year. As far as the rest of the information required by 356.13, you are only required to furnish MARAD with any changes in the information submitted to MARAD that we relied on to make our determination. Example 1: If your bylaws are changed, then you must send us the updated bylaws within 30 days of the change. Example 2: If any information listed in your affidavit changes during the year, you are required to submit a current affidavit to MARAD within 30 days of the change. Example 3: No change occurs during the year, then only submit a current affidavit and a cover letter that states that there are no changes since the last filing.

What can I expect to receive from MARAD after I send in my application?

After a review of your application you may receive a phone call to request any missing materials or to answer a particular question regarding your application. If your application is complete and approved, then you will receive a letter from the citizenship approval officer that states that you are eligible to document your vessel with a fishery endorsement and it will state the date of your annual renewal. Since we base the annual renewal date on the documentation date of your vessel, (remember MARAD's renewal date is always 45 days prior to the USCG documentation date) we make the assumption that the vessel will be documented on the date that USCG has established as your documentation date. Often, however, documentation dates change from year to year depending on when the owner actually receives USCG documentation approval. In cases where the documentation date is changed after MARAD approval, it is the responsibility of the owner to submit its renewal application to MARAD 45 days prior to the new documentation date regardless of the renewal date stated in the MARAD approval letter.
 
 

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MARAD Official: Office of Public Affairs
Last Updated: October 11, 2007
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