(a) A fishery endorsement entitles a vessel to employment in the fisheries as defined in §67.3, subject to Federal and State laws regulating the fisheries, and in any other employment for which a registry, coastwise, or Great Lakes endorsement is not required. A fishery endorsement entitles a vessel to land its catch, wherever caught, in the United States.
(b) If eligible for documentation and not restricted from the fisheries by paragraph (c) of this section, the following vessels are eligible for a fishery endorsement:
(1) Vessels built in the United States (§67.97);
(2) Forfeited vessels (§67.131);
(3) Vessels granted fisheries privileges by special legislation(§67.132);
(4) Wrecked vessels (§67.133); and
(5) Captured vessels (§67.134).
(c) A vessel otherwise eligible for a fishery endorsement under paragraph (b) of this section permanently loses that eligibility if it undergoes rebuilding as defined in §67.177 outside of the United States.
(d) A vessel otherwise eligible for a fishery endorsement under paragraph (b) of this section loses that eligibility during any period in which it is:
(1) Owned by a partnership which does not meet the requisite citizenship requirements of §67.35(b);
(2) Owned by a corporation which does not meet the citizenship requirements of §67.39(b); or
(3) Chartered or leased to an individual who is not a citizen of the United States or to an entity that is not eligible to own a vessel with a fishery endorsement, except that time charters, voyage charters and other charters that are not a demise of the vessel may be entered into with NonCitizens for the charter of dedicated
Fish Tender Vessels and Fish Processing Vessels that are not engaged in the harvesting of fish or fishery resources without the vessel losing its eligibility for a fishery endorsement.
(e) A vessel operating with a fishery endorsement on October 1, 1998, under the authority of the Western Pacific Fishery Management Council, or a purse seine vessel engaged in tuna fishing outside of the EEZ of the United States or pursuant to the South Pacific Regional Fisheries Treaty may continue to operate as set out in 46 U.S.C. 12102(c)(5), provided that the owner of the vessel continues to comply with the fishery endorsement requirements that were in effect on October 1, 1998.
(f) An individual or entity that is otherwise eligible to own a vessel with a fishery endorsement shall be ineligible if an instrument or evidence of indebtedness, secured by a mortgage of the vessel, to a trustee eligible to own a vessel with a fishery endorsement is issued, assigned, transferred, or held in trust for a person not eligible to own a vessel with a fishery endorsement, unless the Commandant determines that the issuance, assignment, transfer, or trust arrangement does not result in an impermissible transfer of control of the vessel and that the trustee:
(1) Is organized as a corporation that meets §67.39(b) of this part, and is doing business under the laws of the United States or of a State;
(2) Is authorized under those laws to exercise corporate trust powers which meet §67.36(b) of this part;
(3) Is subject to supervision or examination by an official of the United States Government or a State;
(4) Has a combined capital and surplus (as stated in its most recent published report of condition) of at least $3,000,000; and
(5) Meets any other requirements prescribed by the Commandant. For vessels greater than or equal to 100 feet in length, approval of such an arrangement from the Maritime Administration will be accepted as evidence that the above conditions are met and will be approved by the Commandant. For vessels less than 100 feet, a standard loan and mortgage agreement that has received general approval under 46 CFR 356.21 will be accepted as evidence that the above conditions are met and will be approved by the Commandant.
[CGD 89-007, CGD 89-007A, 58 FR 60266, Nov.15, 1993, as amended by CGD 94-040, 61 FR 17815, Apr. 22, 1996; USCG–1999–6095, 65 FR 76575, Dec. 7, 2000]
