[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: 46CFR356.13]



[Page 341-342]

 

                           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 C_Requirements for Vessel Owners

 

Sec.  356.13  Information required to be submitted by vessel owners.





    (a) In order to be eligible to document a Fishing Industry Vessel 

with a fishery endorsement, the entity that owns the vessel must submit 

documentation to demonstrate that 75 percent (75%) of the interest in 

such entity is owned and controlled by Citizens of the United States. 

Unless otherwise exempted, the following documents must be submitted to 

the Citizenship Approval Officer in support of a request for a 

determination of U.S. Citizenship:

    (1) An Affidavit of U.S. Citizenship. This affidavit, set out in 

Sec.  356.15, must contain all required facts, at all tiers of 

ownership, needed for determining the citizenship of the owner of the 

Fishing Industry Vessel.

    (2) A certified copy of the Articles of Incorporation and Bylaws of 

the owner of the Fishing Industry Vessel, and any parent corporation, 

must be submitted. The certification must be by the Secretary of State 

in which the corporation is incorporated or by the Secretary of the 

corporation. For entities other than corporations, comparable certified 

documents must be submitted. For example, for a limited liability 

company, a copy of the Certificate of Formation filed with a State must 

be submitted, along with a certified copy of the Limited Liability 

Company Operating Agreement;

    (3) An Affidavit of U.S. Citizenship for each charterer of a Fishing 

Industry Vessel, with the exception of time or voyage charterers of Fish 

Processing Vessels and Fish Tender Vessels permitted under Sec.  

356.39(b)(2);

    (4) A copy of any time charter or voyage charter to a Non-Citizen of 

a Fish Tender Vessel or Fish Processing Vessel;

    (5) Any loan agreements or other financing documents applicable to a 

Fishing Industry Vessel where the lender has not been approved by MARAD 

to hold a Preferred Mortgage on Fishing Industry Vessels, excepting 

financing documents that are exempted from review pursuant to Sec.  

356.19(d) and loan documents that have received general approval from 

the Citizenship Approval Officer pursuant to Sec.  356.21 for use with 

an approved Mortgage Trustee.

    (6) A description of any operating and/or management agreements 

entered into between the owner or bareboat charterer of a Fishing 

Industry Vessel and an entity that has not been determined by MARAD to 

be a U.S. Citizen, accompanied by a representation and warranty that the 

agreement does not contain any provisions that convey control over the 

vessel or vessel-owning entity to a Non-Citizen;

    (7) Copies of any sales or purchase agreements that relate to the 

sale or purchase of all or a significant portion of a vessel's catch 

where the agreement is with an entity that has not been determined by 

MARAD to be a U.S. Citizen and the agreement contains provisions that 

could convey control to a Non-Citizen other than those expressly 

authorized in Sec.  356.43. Agreements that only contain provisions 

expressly authorized in Sec.  356.43 do not have to be submitted; 

however, the agreements and the parties to the agreements must be 

identified;

    (8) Any stockholder's agreement, voting trust agreements, or any 

other pooling agreements, including any proxy appointment, relating to 

the ownership of all classes of stock, whether voting or non-voting of 

the owner of the Fishing Industry Vessel, including any parent 

corporation or other stockholder whose stock is being



[[Page 342]]



relied upon to establish 75 percent U.S. Citizen ownership;

    (9) Any agreements relating to an option to buy or sell stock or 

other comparable equity interest in the owner of the Fishing Industry 

Vessel, or Fish Tender Vessel, or any agreement that restricts the sale 

of such stock or equity interests in the owner of the Fishing Industry 

Vessel, including any parent corporation or other stockholder whose 

stock is being relied upon to establish 75 percent U.S. Citizen 

ownership;

    (10) Any documents relating to a merger, consolidation, liquidation 

or dissolution of the owner of the Fishing Industry Vessel, including 

any parent corporation where all of the parties have not been determined 

by the Citizenship Approval Officer to be U.S. Citizens;

    (11) Disclosure of any interlocking directors or other officials by 

and between the owner of a Fishing Industry Vessel (including any parent 

corporation) and any Non-Citizen minority stockholder of the owner and 

any parent corporation. This requirement is also applicable to any 

lender, purchaser of fish catch, or other entity that is a Non-Citizen;

    (12) Any contract or agreement that purports to sell, lease or 

otherwise transfer to a Non-Citizen the fishing rights, a fishing quota, 

a processing quota or any other right allocated to a vessel owner, 

bareboat charterer, or a particular Fishing Industry Vessel; and

    (13) A copy of the Large Vessel Certification required by Sec.  

356.47.

    (b) In the event the owner or bareboat charterer of a Fishing 

Industry Vessel enters into any agreement reflected in any of the 

documents set forth in paragraph (a) of this section after the 

submission of the Affidavit of U.S. Citizenship, the owner or bareboat 

charterer must notify the Citizenship Approval Officer within 30 

calendar days. Failure to notify the Citizenship Approval Officer of 

such agreements within the prescribed time may result in the vessel 

owner being deemed ineligible to document the vessel with a fishery 

endorsement.



[65 FR 44877, July 19, 2000, as amended at 68 FR 5579, Feb. 4, 2003]