---
kind: "section"
citation: "46 C.F.R. § 356.47"
title: "46"
number: "356.47"
heading: "Special requirements for large vessels."
url: "https://uscodex.org/cfr/46/356.47"
---

# §356.47. Special requirements for large vessels.

- (a) Unless exempted in paragraph [(b)](#b), [(c)](#c) or [(d)](#d) of this section, a vessel is not eligible for a fishery endorsement under [46 U.S.C. 12113](/usc/46/12113.md) if:
  - (1) It is greater than 165 feet in registered length;
  - (2) It is more than 750 gross registered tons (as measured pursuant to 46 U.S.C. Chapter 145) or 1900 gross registered tons (as measured pursuant to 46 U.S.C. Chapter 143); or
  - (3) It possesses a main propulsion engine or engines rated to produce a total of more than 3,000 shaft horsepower; such limitation shall not include auxiliary engines for hydraulic power, electrical generation, bow or stern thrusters, or similar purposes.
- (b) A vessel that meets one or more of the conditions in [paragraph (a)](#a) of this section may still be eligible for a fishery endorsement if:
  - (1)
    - (i) A certificate of documentation was issued for the vessel and endorsed with a fishery endorsement that was effective on September 25, 1997; and
    - (ii) The vessel is not placed under foreign registry after October 1998;
  - (2) **The vessel—**
    - (i) Is either a rebuilt vessel or replacement vessel under section 208(g) of the American Fisheries Act (title II of division C of Pub. L. 105-277; 112 Stat. 2681-627);
    - (ii) Is eligible for a fishery endorsement under this section; and
    - (iii) In the case of a vessel listed in [paragraphs (1) through (20)](/cfr/46/208.md?p=e-1..e-20) of section 208(e) of the American Fisheries Act (title II of division C of Pub. L. 105-277; 112 Stat. 2681-625 et seq.) is neither participating in nor eligible to participate in the non-AFA trawl catcher processor subsector (as that term is defined under [section 219(a)(7)](/cfr/46/219.md?p=a-7) of the Department of Commerce and Related Agencies Appropriations Act, 2005 (Pub. L. 108-447; 118 Stat. 2887)); or
  - (3) **The vessel is a fish tender vessel that is not engaged in harvesting or processing of fish.**
- (c) A vessel that is prohibited from receiving a fishery endorsement under [paragraph (a)](#a) of this section will be eligible if the owner of such vessel demonstrates to MARAD that:
  - (1) The regional fishery management council of jurisdiction established under [section 302(a)(1)](/cfr/46/302.md?p=a-1) of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1852(a)(1)](/usc/16/1852.md?p=a-1)) has recommended after October 21, 1998, and the Secretary of Commerce has approved, conservation and management measures in accordance with the American Fisheries Act (Pub. L. 105-277, div. C, title II) ([16 U.S.C. 1851](/usc/16/1851.md) note) to allow the vessel to be used in fisheries under the council's authority; and
  - (2) In the case of a vessel listed in [paragraphs (1) through (20)](/cfr/46/208.md?p=e-1..e-20) of section 208(e) of the American Fisheries Act (title II of division C of Pub. L. 105-277; 112 Stat. 2681-625 et seq.), the vessel is neither participating in nor eligible to participate in the non-AFA trawl catcher processor subsector (as that term is defined under [section 219(a)(7)](/cfr/46/219.md?p=a-7) of the Department of Commerce and Related Agencies Appropriations Act, 2005 (Pub. L. 108-447; 118 Stat. 2887)).
- (d) A vessel that meets one or more of the conditions in [paragraph (a)](#a) of this section may still be eligible for a fishery endorsement if the vessel is engaged exclusively in the menhaden fishery in the geographic region governed by the South Atlantic Fisheries Council or the Gulf of Mexico Fisheries Council.
- (e) The owner of a vessel that meets any of the criteria in [paragraph (a)](#a) of this section is required to submit a certification each year in conjunction with its Affidavit of U.S. Citizenship in order to document that the vessel is eligible for documentation with a fishery endorsement. The certification should indicate that the vessel meets the criteria of [paragraph (a)](#a) of this section; however, it is eligible to be documented with a fishery endorsement because it complies with the requirements of either paragraph [(b)](#b), [(c)](#c), or [(d)](#d) of this section. A sample form for the certification is available on the MARAD Web site at http://www.marad.dot.gov/afa.html or may be obtained by contacting the Citizenship Approval Officer.

## Notes

### Amendments

[65 FR 44877, July 19, 2000, as amended at 68 FR 5582, Feb. 4, 2003; 82 FR 56901, Dec. 1, 2017]

### Authority

Authority: 46 U.S.C. 12102; 46 U.S.C. 12151; 46 U.S.C. 31322; Pub. L. 105-277, division C, title II, subtitle I, section 203 (46 U.S.C. 12102 note), section 210(e), and section 213(g), 112 Stat. 2681; Pub. L. 107-20, section 2202, 115 Stat. 168-170; Pub. L. 114-74; 49 CFR 1.93.

### Source

Source: 65 FR 44877, July 19, 2000, unless otherwise noted.

### Amendments

[65 FR 44877, July 19, 2000, as amended at 68 FR 5582, Feb. 4, 2003; 82 FR 56901, Dec. 1, 2017]