§ 742c.
Loans for financing or refinancing of cost of purchasing, constructing, equipping, maintaining, repairing, or operating 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)
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
section 50501 of title 46 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.
([Aug. 8, 1956, ch. 1036, § 4], [70 Stat. 1121]; [Pub. L. 85–888], Sept. 2, 1958, [72 Stat. 1710]; [Pub. L. 88–309, § 9], May 20, 1964, [78 Stat. 199]; [Pub. L. 89–85], §§ 1–4, July 24, 1965, [79 Stat. 262]; [Pub. L. 91–279, § 9], June 12, 1970, [84 Stat. 309]; [Pub. L. 91–387], §§ 1, 2, Aug. 24, 1970, [84 Stat. 829]; [Pub. L. 94–273, § 2(8)], Apr. 21, 1976, [90 Stat. 375]; [Pub. L. 96–478, § 16(a)], Oct. 21, 1980, [94 Stat. 2303]; [Pub. L. 97–347, § 1], Oct. 18, 1982, [96 Stat. 1652]; [Pub. L. 98–44, title I, § 103(a)(1)], July 12, 1983, [97 Stat. 216]; [Pub. L. 98–498, title IV, § 430(1)], Oct. 19, 1984, [98 Stat. 2310]; [Pub. L. 99–659, title IV, § 409], Nov. 14, 1986, [100 Stat. 3740].)