[Code of Federal Regulations] [Title 46, Volume 8] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 46CFR356.1] [Page 331-332] TITLE 46--SHIPPING CHAPTER II--MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 356_REQUIREMENTS FOR VESSELS OF 100 FEET OR GREATER IN REGISTERED LENGTH TO OBTAIN A FISHERY ENDORSEMENT TO THE VESSEL'S DOCUMENTATION-- Subpart A_General Provisions Sec. 356.1 Purpose. Table of Contents Subpart A_General Provisions Sec. 356.1 Purpose. 356.2 Waivers. 356.3 Definitions. Subpart B_Ownership and Control 356.5 Affidavit of U.S. Citizenship. 356.7 Methods of establishing ownership by United States Citizens. 356.9 Tiered ownership structures. 356.11 Impermissible control by a Non-Citizen. Subpart C_Requirements for Vessel Owners 356.13 Information required to be submitted by vessel owners. 356.15 Filing of affidavit of U.S. Citizenship. 356.17 Annual requirements for vessel owners. Subpart D_Mortgages 356.19 Requirements to hold a Preferred Mortgage. 356.21 General approval of standard loan or mortgage agreements. 356.23 Restrictive loan covenants approved for use by lenders. 356.25 Operation of Fishing Industry Vessel by Mortgagees. Subpart E_Mortgage Trustees 356.27 Mortgage Trustee requirements. 356.31 Maintenance of Mortgage Trustee approval. 356.37 Operation of a Fishing Industry Vessel by a Mortgage Trustee. Subpart F_Charters, Management Agreements and Exclusive or Long-Term Contracts 356.39 Charters. 356.41 Management agreements. 356.43 Long-term or exclusive sales contracts. 356.45 Advance of funds. Subpart G_Special Requirements for Certain Vessels 356.47 Special requirements for large vessels. 356.49 Penalties. 356.51 Exemptions for specific vessels. Subpart H_International Agreements 356.53 Conflicts with international agreements. Subpart I_Review of Harvesting and Processing Compliance 356.55 Review of compliance with harvesting and processing quotas. Authority: 46 U.S.C. 12102; 46 U.S.C. 31322; Pub. L. 105-277, division C, title II, subtitle I, section 203 (46 U.S.C. 12102 note), section 210(e), and section 213(g), 112 Stat. 2681; Pub. L. 107-20, section 2202, 115 Stat. 168-170; 49 CFR 1.66. Source: 65 FR 44877, July 19, 2000, unless otherwise noted. Editorial Note: Nomenclature changes to part 356 appear at 68 FR 5576, Feb. 4, 2003. (a) Part 356 implements the U.S. Citizenship requirements of the American Fisheries Act of 1998, as amended, Title II, Division C, Public Law 105-277, for owners, Mortgage Trustees, and Mortgagees of vessels of 100 feet or greater in registered length that have a fishery endorsement to the vessel's documentation or where a fishery endorsement to the vessel's documentation is being sought. This part also addresses ancillary matters of charters, management agreements, exclusive sales or marketing contracts, conflicts with international agreements, determinations regarding violations of harvesting or processing limits, and exceptions for certain vessels, vessel owners and Mortgagees from the general requirements of the rule. (b) An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid [[Page 332]] OMB control number. Part 356 establishes a new requirement for the collection of information. The Office of Management and Budget (``OMB'') has reviewed and approved the information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) and assigned OMB control number 2133-0530 to the information collection requirements of this part 356.