ARCTIC STORM, SEA STORM, ARCTIC FJORD and NEAHKAHNIE-Applicability of Ownership and Control Requirements for Fishery Endorsement

Résumé

The Maritime Administration (MARAD, we, our, or us) is soliciting public comments on a petition from the owners and managers of the vessels ARCTIC STORM--Official Number 903511, SEA STORM-- Official Number 628959, ARCTIC FJORD--Official Number 940866, and NEAHKAHNIE--Official Number 599534, (hereinafter the "Vessels"). The petition requests that MARAD issue a decision that the American Fisheries Act of 1998 ("AFA"), Title II, Division C, Public Law 105- 277, and our regulations at 46 CFR Part 356 are in conflict with the Treaty of Friendship Commerce and Navigation Between the United States and Korea. The petition is submitted pursuant to 46 CFR 356.53 and 213(g) of AFA, which provides that the requirements of the AFA and the implementing regulations will not apply to the owners or mortgagees of a U.S.- flag vessel documented with a fishery endorsement to the extent that the provisions of the AFA conflict with an existing international agreement relating to foreign investment to which the United States is a party. This notice sets forth the provisions of the international agreement that the Petitioner alleges are in conflict with the AFA and 46 CFR Part 356 and the arguments submit