(a)
(1) satisfies the requirements of section 12103 of this title and, if owned by an entity, the entity satisfies the ownership requirements in subsection (c);
(2) was built in the United States;
(3) if rebuilt, was rebuilt in the United States;
(4) was not forfeited to the United States Government after July 1, 2001, for a breach of the laws of the United States; and
(5) otherwise qualifies under the laws of the United States to engage in the fisheries.
(b)
(1)
(2)
(c)
(1)
(2)
(A) include the right to—
(i) direct the business of the entity;
(ii) limit the actions of or replace the chief executive officer, a majority of the board of directors, any general partner, or any person serving in a management capacity of the entity; or
(iii) direct the transfer, operation, or manning of a vessel with a fishery endorsement; but
(B) do not include the right to simply participate in the activities under subparagraph (A), or the exercise of rights under loan or mortgage covenants by a mortgagee eligible to be a preferred mortgagee under section 31322(a) of this title, except that a mortgagee not eligible to own a vessel with a fishery endorsement may only operate such a vessel to the extent necessary for the immediate safety of the vessel or for repairs, drydocking, or berthing changes.
(3)
(d)
(1)
(A) is greater than 165 feet in registered length;
(B) is more than 750 gross registered tons as measured under chapter 145 of this title or 1,900 gross registered tons as measured under chapter 143 of this title; or
(C) has an engine or engines capable of producing a total of more than 3,000 shaft horsepower.
(2)
(A)(i) a certificate of documentation was issued for the vessel and endorsed with a fishery endorsement that was effective on September 25, 1997; and
(ii) the vessel is not placed under foreign registry after October 21, 1998;
(B) the owner of the vessel demonstrates to the Secretary that—
(i) the regional fishery management council of jurisdiction established under section 302(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)) has recommended after October 21, 1998, and the Secretary of Commerce has approved, conservation and management measures in accordance with the American Fisheries Act (Public Law 105–277, div. C, title II) (16 U.S.C. 1851 note) 1 to allow the vessel to be used in fisheries under the council's authority; and
(ii) in the case of a vessel listed in paragraphs (1) through (20) of section 208(e) of the American Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–625 et seq.), the vessel is neither participating in nor eligible to participate in the non-AFA trawl catcher processor subsector (as that term is defined under section 219(a)(7) of the Department of Commerce and Related Agencies Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2887));
(C) the vessel—
(i) is either a rebuilt vessel or replacement vessel under section 208(g) of the American Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–627);
(ii) is eligible for a fishery endorsement under this section; and
(iii) in the case of a vessel listed in paragraphs (1) through (20) of section 208(e) of the American Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–625 et seq.), is neither participating in nor eligible to participate in the non-AFA trawl catcher processor subsector (as that term is defined under section 219(a)(7) of the Department of Commerce and Related Agencies Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2887); 2 or
(D) the vessel is a fish tender vessel that is not engaged in the harvesting or processing of fish.
(e)
(1)
(2)
(3)
(A) leases, charters, mortgages, financing, and similar arrangements;
(B) the control of persons not eligible to own a vessel with a fishery endorsement under subsection (c) or (d), over the management, sales, financing, or other operations of an entity; and
(C) contracts involving the purchase over extended periods of time of all, or substantially all, of the living marine resources harvested by a fishing vessel.
(f)
(g)
(h)
(i)
(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1495; Pub. L. 110–181, div. C, title XXXV, §3529(a)(2), Jan. 28, 2008, 122 Stat. 603; Pub. L. 111–281, title VI, §602(a), Oct. 15, 2010, 124 Stat. 2959; Pub. L. 112–213, title III, §307, Dec. 20, 2012, 126 Stat. 1565.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
12113(a) | 46:12108(a). | |
12113(b)(1) | 46:12108(b). | |
12113(b)(2) | 46:12102(c)(3). | |
12113(c)(1) | 46:12102(c)(1). | |
12113(c)(2) | 46:12102(c)(2). | |
12113(c)(3) | 46:12102(c)(4). | |
12113(d) | 46:12102(c)(5). | |
12113(e) | 46:12102 note. | Pub. L. 105–277, div. C, title II, §203(c), Oct. 21, 1998, 112 Stat. 2681–619. |
12113(f) | 46:12102 note. | Pub. L. 105–277, div. C, title II, §203(d), Oct. 21, 1998, 112 Stat. 2681–619. |
12113(g) | 46:12108(d). | |
12113(h) | 46:12102 note. | Pub. L. 105–277, div. C, title II, §203(e), Oct. 21, 1998, 112 Stat. 2681–619. |
12113(i) | 46:12102 note. | Pub. L. 105–277, div. C, title II, §203(b), Oct. 21, 1998, 112 Stat. 2681–619. |
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Last modified: October 26, 2015