Title 16 — ConservationRelease 119-73
§742c Loans for financing or refinancing of cost of purchasing, constructing, equipping, maintaining, repairing, or operating commercial fishing vessels or gear
Title 16 › Chapter CHAPTER 9— - FISH AND WILDLIFE SERVICE › § 742c
Summary
Allows the Secretary of the Interior to make loans, under rules he sets, to pay for buying, building, equipping, fixing, keeping up, or running new or used commercial fishing vessels or fishing gear. Those loans must follow limits. Interest must be at least a rate set by the Secretary of the Treasury based on similar Treasury securities, plus any extra charge to cover program costs. Loans normally must be repaid in 10 years, but loans that pay for building a new vessel can run up to 14 years. Loans are allowed only when reasonable help is not available elsewhere. Borrowers must give security or other proof they can pay back the loan, and the collateral, the manager’s ability, and earnings must show reasonable assurance of repayment. Borrowers must have the skill, experience, and resources to run the vessel or gear. If the loan is for a new vessel that does not replace one already working in a fishery, the Secretary must find it will not cause economic harm to existing efficient operators. Borrowers must be U.S. citizens or nationals. Corporations, partnerships, or associations must meet the U.S. citizenship rules in 46 U.S.C. 50501. Entities organized under American Samoa law must be at least 75% owned by U.S. nationals or citizens and meet officer and director rules. That 75% ownership must be real—free of trusts or contracts that let non‑U.S. persons control the company. A fisheries loan fund is created as a revolving fund for these loans. Any loan payments received on or before September 30, 1986 must go back into the fund and be reused for loans. Money received for the fund after September 30, 1986 must be sent to the Treasury as miscellaneous receipts. Up to $20,000,000 is authorized to start the fund. The Secretary may agree to change a loan’s interest rate, payment timing, or security within the rules. Also, under special rules, the Secretary could make short‑term loans to charter vessels for fishermen whose boats were lost or damaged by the March 27, 1964 earthquake and related tidal waves; those charter loans must be repaid only from net profits of the chartered vessel (after a reasonable allowance for fishermen’s pay) and were not available after June 30, 1966.
Full Legal Text
Title 16, §742c
Conservation — Source: USLM XML via OLRC
(a)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)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.
(c)There 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 September 30, 1986, 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 September 30, 1986, 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)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)The 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 March 27, 1964, and subsequent tidal waves related thereto: Provided, 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 June 30, 1966.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification In subsec. (b)(8), “section 50501 of title 46” substituted for “section 2 of the Shipping Act, 1916, as amended,” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 50501 of Title 46, Shipping.
Amendments
1986—Subsec. (c). Pub. L. 99–659 amended third sentence generally, striking out “and any balance remaining therein at the close of
September 30, 1986 (at which time the fund shall cease to exist),” after “1986,”. 1984—Subsec. (c). Pub. L. 98–498 substituted “
September 30, 1986” for “
September 30, 1984” wherever appearing. 1983—Subsec. (c). Pub. L. 98–44 substituted “
September 30, 1984” for “
September 30, 1983” wherever appearing. 1982—Subsec. (c). Pub. L. 97–347 substituted “
September 30, 1983” for “
September 30, 1982” wherever appearing. 1980—Subsec. (c). Pub. L. 96–478 substituted “
September 30, 1982” for “
September 30, 1980” 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
July 1, 1965, 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. 1976—Subsec. (c). Pub. L. 94–273 substituted “September” for “June” wherever appearing. 1970—Subsec. (b)(2). Pub. L. 91–279 provided maturity period of fourteen years for loans for all or part of costs of constructing new fishing vessels. Subsec. (b)(7). Pub. L. 91–387, § 2, permitted a national of the United States to be an applicant for a fishery loan. Subsec. (b)(8). Pub. L. 91–387, § 2, substituted provision for Secretary’s determination of United States citizenship of a corporation, partnership, or association by satisfactorily meeting all requirements set forth in section 802 of title 46 for determination of citizenship of such entity operating a vessel in coastwise trade, for prior provision for establishment of such citizenship within meaning of section 802 of title 46 to satisfaction of the Secretary. Subsec. (b)(9). Pub. L. 91–387, § 2, added par. (9). Subsec. (c). Pub. L. 91–387, § 1, extended term for making fisheries loans, substituting “
June 30, 1980” for “
June 30, 1970” wherever appearing. 1965—Subsec. (a). Pub. L. 89–85, § 1, 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. Subsec. (b). Pub. L. 89–85, §§ 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. Subsec. (c). Pub. L. 89–85, § 4, extended term for making fisheries loans from
June 30, 1965, to
June 30, 1970, 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
July 1, 1965, 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. 1964—Subsec. (e). Pub. L. 88–309 added subsec. (e). 1958—Subsec. (c). Pub. L. 85–888 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, 1980, 94 Stat. 2304, provided that: “The
Amendments
made by subsection (a) [amending this section] shall take effect on September 1, 1980.”
Effective Date
of 1970 Amendment; Fisheries Loan Fund Available for Loans From
July 1, 1970 to Close of
June 30, 1980 Pub. L. 91–387, § 3, Aug. 24, 1970, 84 Stat. 829, provided that: “The provisions of this Act [amending this section] shall be effective
July 1, 1970. 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
June 30, 1970, shall be available to make loans for the purposes of section 4 of said Act [this section] from
July 1, 1970, to the close of
June 30, 1980.”
Effective Date
of 1965 Amendment; Remaining Funds; Availability for Loans Pub. L. 89–85, § 5,
July 24, 1965, 79 Stat. 263, provided that: “The provisions of this Act [amending this section] shall be effective
July 1, 1965. 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
June 30, 1965, shall be available to make loans for the purposes of section 4 of said Act [this section] from
July 1, 1965, to the close of
June 30, 1970.” Loans Under Fish and Wildlife Act of 1956 Pub. L. 96–561, title II, § 221, Dec. 22, 1980, 94 Stat. 3295, as amended by Pub. L. 98–44, title I, § 103(b),
July 12, 1983, 97 Stat. 216; Pub. L. 98–498, title IV, § 431, Oct. 19, 1984, 98 Stat. 2310, provided that during the period beginning Dec. 22, 1980, through the close of Sept. 30, 1986, 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
to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title.
Reference
Citations & Metadata
Citation
16 U.S.C. § 742c
Title 16 — Conservation
Last Updated
Apr 6, 2026
Release point: 119-73