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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Charters to Citizens of the United States:
(1) Bareboat charters may be entered into with Citizens of the United States subject to approval by the Citizenship Approval Officer that the charterer is a Citizen of the United States. The bareboat charterer of Fishing Industry Vessels must submit an Affidavit of U.S. Citizenship to the Citizenship Approval Officer for review and approval prior to entering into such charter.
(2) Time charters, voyage charters and other charter arrangements that do not constitute a bareboat charter of the Fishing Industry Vessel may be entered into with Citizens of the United States. The charterer must submit an Affidavit of U.S. Citizenship to the Citizenship Approval Officer within 30 calendar days of execution of the charter.
(b) Charters to Non–Citizens:
(1) Bareboat or demise charters to Non–Citizens of Fishing Industry Vessels for use in the United States are prohibited. Bareboat charters to Non–Citizens of Fish Processing Vessels and Fish Tender Vessels for use solely outside of the United States are permitted.
(2) Time charters, voyage charters and other charters that are not a demise of the vessel may be entered into with Non–Citizens for the charter of dedicated Fish Tender Vessels and Fish Processing Vessels that are not engaged in the Harvesting of fish or fishery resources. A copy of the charter must be submitted to the Citizenship Approval Officer prior to being executed in order for the Citizenship Approval officer to verify that the charter is not in fact a demise of the vessel.
(3) Time charters, voyage charters and other charters of Fishing Industry Vessels to Non–Citizens are prohibited if the Fishing Industry Vessel will be used to Harvest fish or fishery resources.
(c) We reserve the right to request a copy of any time charter, voyage charter, contract of affreightment or other Charter of a Fishing Industry Vessel in order to confirm that the Charter is not a bareboat charter of the Fishing Industry Vessel.
(d) Any violation of this section will render the vessel's fishery endorsement immediately invalid upon notification from the Citizenship Approval Officer.
Cite this article: FindLaw.com - Code of Federal Regulations Title 46. Shipping § 46.356.39 Charters - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-46-shipping/cfr-sect-46-356-39/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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