[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.