16 U.S.C. § 742c | Loans for financing or refinancing of cost of purchasing, constructing, equipping, maintaining, repairing, or operating commercial fishing vessels or gear

(a)

Authorization

The Secretary of the Interior is authorized, under such rules and regulations and under such terms and conditions as he may prescribe, to make loans for financing or refinancing of the cost of purchasing, constructing, equipping, maintaining, repairing, or operating new or used commercial fishing vessels or gear.

(b)

Conditions

Any loans made under the provisions of this section shall be subject to the following restrictions:

(1)

Bear an interest rate of not less than (a) a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus (b) such additional charge, if any, toward covering other costs of the program as the Secretary may determine to be consistent with its purpose.

(2)

Mature in not more than ten years, except that where a loan is for all or part of the costs of constructing a new fishing vessel, such period may be fourteen years.

(3)

No financial assistance shall be extended pursuant to this section unless reasonable financial assistance applied for is not otherwise available on reasonable terms.

(4)

Loans shall be approved only upon the furnishing of such security or other reasonable assurance of repayment as the Secretary may require considering the objectives of this section which are to upgrade commercial fishing vessels and gear and to provide reasonable financial assistance not otherwise available to commercial fishermen. The proposed collateral for a loan must be of such a nature that, when considered with the integrity and ability of the management, and the applicant’s past and prospective earnings, repayment of the loan will be reasonably assured.

(5)

The applicant shall possess the ability, experience, resources, and other qualifications necessary to enable him to operate and maintain new or used commercial fishing vessels or gear.

(6)

Before the Secretary approves a loan for the purchase or construction of a new or used vessel which will not replace an existing commercial fishing vessel, he shall determine that the applicant’s contemplated operation of such vessel in a fishery will not cause economic hardship or injury to the efficient vessel operators already operating in that fishery.

(7)

An applicant for a fishery loan must be a citizen or national of the United States.

(8)

section 50501 of title 46 Within the meaning of this section, a corporation, partnership, or association shall not be deemed to be a citizen of the United States unless the Secretary determines that it satisfactorily meets all of the requirements set forth in for determining the United States citizenship of a corporation, partnership, or association operating a vessel in the coastwise trade.

(9)

(A)

The nationality of an applicant shall be established to the satisfaction of the Secretary. Within the meaning of this section, no corporation, partnership, or association organized under the laws of American Samoa shall be deemed a national of the United States unless 75 per centum of the interest therein is owned by nationals of the United States, citizens of the United States, or both, and in the case of a corporation, unless its president or other chief executive officer and the chairman of its board are nationals or citizens of the United States and unless no more of its directors than a minority of the number necessary to constitute a quorum are nonnationals and noncitizens.

(B)

Seventy-five per centum of the interest in a corporation shall not be deemed to be owned by nationals of the United States, citizens of the United States, or both, (i) if the title to 75 per centum of its stock is not vested in such nationals and citizens free from any trust or fiduciary obligation in favor of any person not a national or citizen of the United States; or (ii) if 75 per centum of the voting power in such corporation is not vested in nationals of the United States, citizens of the United States, or both; or (iii) if through any contract or understanding it is so arranged that more than 25 per centum of the voting power may be exercised, directly or indirectly, in behalf of any person who is not a national or citizen of the United States; or (iv) if by any other means whatsoever control of any interest in the corporation in excess of 25 per centum is conferred upon or permitted to be exercised by any person who is not a national or citizen of the United States.

(c)

Fisheries loan fund; interest payments on appropriations available as capital to the fund less average undispersed cash balance

September 30, 1986September 30, 1986There is created a fisheries loan fund, which shall be used by the Secretary as a revolving fund to make loans for financing and refinancing under this section. Any funds received by the Secretary on or before , in payment of principal or interest on any loans so made shall be deposited in the fund and be available for making additional loans under this section. Any funds received in the fisheries loan fund after , shall be covered into the Treasury as miscellaneous receipts. There is authorized to be appropriated to the fisheries loan fund the sum of $20,000,000 to provide initial capital.

(d)

Modification of loan contract

The Secretary, subject to the specific limitations in this section, may consent to the modification, with respect to the rate of interest, time of payment of any installment of principal, or security, of any loan contract to which he is a party.

(e)

Chartering vessels; loans to Alaskan earthquake victims; termination date

March 27, 1964ProvidedJune 30, 1966The Secretary is authorized under such terms and conditions and pursuant to regulations prescribed by him to use the funds appropriated under this section to make loans to commercial fishermen for the purpose of chartering fishing vessels pending the construction or repair of vessels lost, destroyed, or damaged by the earthquake of , and subsequent tidal waves related thereto: , That any loans made under this subsection shall only be repaid from the net profits of the operations of such chartered vessels, which profits shall be reduced by such reasonable amount as determined by the Secretary for the salary of the fishermen chartering such vessels. The funds authorized herein shall not be available for such loans after .

Aug. 8, 1956, ch. 1036, § 4 70 Stat. 1121 Pub. L. 85–888Sept. 2, 195872 Stat. 1710 Pub. L. 88–309, § 9May 20, 196478 Stat. 199 Pub. L. 89–85July 24, 196579 Stat. 262 Pub. L. 91–279, § 9June 12, 197084 Stat. 309 Pub. L. 91–387Aug. 24, 197084 Stat. 829 Pub. L. 94–273, § 2(8)Apr. 21, 197690 Stat. 375 Pub. L. 96–478, § 16(a)Oct. 21, 198094 Stat. 2303 Pub. L. 97–347, § 1Oct. 18, 198296 Stat. 1652 Pub. L. 98–44, title I, § 103(a)(1)July 12, 198397 Stat. 216 Pub. L. 98–498, title IV, § 430(1)Oct. 19, 198498 Stat. 2310 Pub. L. 99–659, title IV, § 409Nov. 14, 1986100 Stat. 3740 (, ; , , ; , , ; , §§ 1–4, , ; , , ; , §§ 1, 2, , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Codification

section 50501 of title 46 Pub. L. 109–304, § 18(c)Oct. 6, 2006120 Stat. 1709 section 50501 of Title 46In subsec. (b)(8), “” substituted for “section 2 of the Shipping Act, 1916, as amended,” on authority of , , , which Act enacted , Shipping.

Amendments

Pub. L. 99–659September 30, 19861986—Subsec. (c). amended third sentence generally, striking out “and any balance remaining therein at the close of (at which time the fund shall cease to exist),” after “1986,”.

Pub. L. 98–498September 30, 1986September 30, 19841984—Subsec. (c). substituted “” for “” wherever appearing.

Pub. L. 98–44September 30, 1984September 30, 19831983—Subsec. (c). substituted “” for “” wherever appearing.

Pub. L. 97–347September 30, 1983September 30, 19821982—Subsec. (c). substituted “” for “” wherever appearing.

Pub. L. 96–478September 30, 1982September 30, 1980July 1, 19651980—Subsec. (c). substituted “” for “” wherever appearing and struck out interest payment provisions respecting, payment at close of each fiscal year from fisheries loan fund into miscellaneous receipts of the Treasury on cumulative amount of appropriations available as capital to the fund from and after , less average undispersed balance in the fund during the year, determination of interest rate on basis of average market yield during month preceding each fiscal year on outstanding Treasury obligations of maturity comparable to average maturity of loans made from the fund, and interest payment deferrals approved by the Secretary of the Treasury subject to interest on deferred amounts.

Pub. L. 94–2731976—Subsec. (c). substituted “September” for “June” wherever appearing.

Pub. L. 91–2791970—Subsec. (b)(2). provided maturity period of fourteen years for loans for all or part of costs of constructing new fishing vessels.

Pub. L. 91–387, § 2Subsec. (b)(7). , permitted a national of the United States to be an applicant for a fishery loan.

Pub. L. 91–387, § 2 section 802 of title 46 section 802 of title 46Subsec. (b)(8). , substituted provision for Secretary’s determination of United States citizenship of a corporation, partnership, or association by satisfactorily meeting all requirements set forth in for determination of citizenship of such entity operating a vessel in coastwise trade, for prior provision for establishment of such citizenship within meaning of to satisfaction of the Secretary.

Pub. L. 91–387, § 2Subsec. (b)(9). , added par. (9).

Pub. L. 91–387, § 1June 30, 1980June 30, 1970Subsec. (c). , extended term for making fisheries loans, substituting “” for “” wherever appearing.

Pub. L. 89–85, § 11965—Subsec. (a). , substituted “financing or refinancing of the cost of purchasing, constructing, equipping, maintaining, repairing, or operating new or used commercial fishing vessels or gear” for “financing and refinancing of operations, maintenance, replacement, repair, and equipment of fishing gear and vessels” and struck out provision for research into basic problems of fisheries.

Pub. L. 89–85Subsec. (b). , §§ 2, 3, substituted in par. (1) provision respecting determination of interest rate taking into consideration average market yield on outstanding Treasury obligations of comparable maturity plus additional charge toward coverage of other costs of program for former provision prescribing an interest rate of not less than 3 per centum per annum and added pars. (4) to (8), respectively.

Pub. L. 89–85, § 4June 30, 1965June 30, 1970July 1, 1965Subsec. (c). , extended term for making fisheries loans from , to , required Secretary to pay at end of each fiscal year into miscellaneous receipts of the Treasury interest on cumulative amount of appropriations available as capital to fund after , less average undispersed cash balance in fund during the year, provided formula for determination of rate of interest, and authorized deferral of interest payments but with payment of interest on deferred payments.

Pub. L. 88–3091964—Subsec. (e). added subsec. (e).

Pub. L. 85–8881958—Subsec. (c). increased authorization for $10,000,000 to $20,000,000.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–478, § 16(b)Oct. 21, 198094 Stat. 2304

September 1, 1980“The amendments made by subsection (a) [amending this section] shall take effect on .”

, , , provided that:

July 1, 1970June 30, 1980Effective Date of 1970 Amendment; Fisheries Loan Fund Available for Loans From to Close of

Pub. L. 91–387, § 3Aug. 24, 197084 Stat. 829

July 1, 1970June 30, 1970July 1, 1970June 30, 1980“The provisions of this Act [amending this section] shall be effective . Notwithstanding the provisions of section 4(c) of the Fish and Wildlife Act of 1956, as amended [subsec. (c) of this section], any balance remaining in the fisheries loan fund at the close of , shall be available to make loans for the purposes of section 4 of said Act [this section] from , to the close of .”

, , , provided that:

Effective Date of 1965 Amendment; Remaining Funds; Availability for Loans

Pub. L. 89–85, § 5July 24, 196579 Stat. 263

July 1, 1965June 30, 1965July 1, 1965June 30, 1970“The provisions of this Act [amending this section] shall be effective . Notwithstanding the provisions of section 4(c) of the Fish and Wildlife Act of 1956, as amended [subsec. (c) of this section], any balance remaining in the fisheries loan fund at the close of , shall be available to make loans for the purposes of section 4 of said Act [this section] from , to the close of .”

, , , provided that:

Loans Under Fish and Wildlife Act of 1956

Pub. L. 96–561, title II, § 221Dec. 22, 198094 Stat. 3295 Pub. L. 98–44, title I, § 103(b)July 12, 198397 Stat. 216 Pub. L. 98–498, title IV, § 431Oct. 19, 198498 Stat. 2310 Dec. 22, 1980Sept. 30, 1986, , , as amended by , , ; , , , provided that during the period beginning , through the close of , the Secretary of Commerce could make loans from the fisheries loan fund established under subsec. (c) of this section only for the purpose of assisting obligors to avoid default on obligations covering fishing vessels and to cover operating losses.

Executive Documents

Transfer of Functions

Oct. 3, 197084 Stat. 2090 section 742b of this titleTransfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, eff. , 35 F.R. 15627, , see note set out under .