50 C.F.R. §§ 253.12–253.30

§253.12. Credit application.

50 C.F.R. § 253.12

(a)

Applicant.

(1)

An applicant must be a U.S. citizen and be eligible to document a vessel in the coastwise trade: and

(2)

Only the legal title holder of project property, or its parent company (or the lessee of an appropriate long-term lease) may apply for a loan; and

(3)

An applicant and the majority of its principals must generally have the ability, experience, resources, character, reputation, and other qualifications the Program deems necessary for successfully operating, utilizing, or carrying out the project and protecting the Program's interest; and

(4)

Applicants should apply to the appropriate NMFS Regional Financial Services Branch to be considered.

(b)

Application fee. An application fee of 0.5 percent of the dollar amount of an application is due when the application is formally accepted. Upon submission, 50 percent of the application fee, known as the “filing fee,” is non-refundable; the remainder, known as the “commitment fee,” may be refunded if the Program declines an application or an applicant withdraws its application before the Program issues an AIP letter, as described in § 253.13(e). The Program will not issue an AIP letter if any of the application fee remains unpaid. No portion of the application fee shall be refunded once the Program issues an AIP letter.

(c)

False statement. A false statement on an application is grounds for denial or termination of funds, grounds for possible punishment by a fine or imprisonment as provided in 18 U.S.C. 1001 and an event of a security default.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.13. Initial investigation and approval.

50 C.F.R. § 253.13

(a)

The Program shall undertake a due diligence investigation of every application it receives to determine if, in the Program's sole judgment, the application is both:

(1)

Eligible for a loan because it meets applicable loan requirements; and

(2)

Qualified for a loan because the project is deemed an acceptable credit risk.

(b)

The Program will approve eligible and qualified applicants by evaluating the information obtained during the application and investigation process.

(c)

Among other investigations, applicants may be subject to a background check, fisheries violations check and credit review. Background checks are intended to reveal if any key individuals associated with the applicant have been convicted of or are presently facing criminal charges such as fraud, theft, perjury, or other matters which significantly reflect on the applicant's honesty or financial integrity.

(d)

The Program, at its own discretion, may decline or delay approval of any loans or disbursements to any applicant found to have outstanding citations, notices of violations, or other pending legal actions or unresolved claims.

(e)

The Program may place any terms and conditions on such approvals that the Program, in its sole discretion, deems necessary and appropriate.

(f)

Credit decision.

(1)

The Program shall issue to approved applicants an AIP letter, which shall describe the terms and conditions of the loan, including (but not limited to) loan amounts, maturities, additional collateral, repayment sources or guarantees. Such terms and conditions are at the Program's sole discretion and shall also be incorporated in security documents that the Program prepares. An applicant's non-acceptance of any terms and conditions may result in an applicant's disqualification.

(2)

Any application the Program deems ineligible or unqualified will be declined.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.14. Loan documents.

50 C.F.R. § 253.14

(a)

U.S. Note.

(1)

The U.S. Note will be in the form the Program prescribes.

(2)

The U.S. Note evidences the obligor's indebtedness to the United States.

(i)

For financing approved after October 11, 1996, the U.S. Note evidences the obligor's actual indebtedness to the U.S.; and

(ii)

For financing originating before October 11, 1996, that continues to be associated with a Guaranteed Note, the U.S. Note shall evidence the obligor's actual indebtedness to the U.S. upon the Program's payment of any or all of the sums due under the Guaranteed Note or otherwise disbursed on the obligor's behalf.

(iii)

The U.S. Note will, among other things, contain provisions to add to its principal balance all amounts the Program advances or incurs, including additional interest charges and costs incurred to protect its interest or accommodate the obligor.

(3)

The U.S. Note shall be assignable by the Program, at its sole discretion.

(b)

Security documents.

(1)

Each security document will be in the form the Program prescribes.

(2)

The Program will, at a minimum, require the pledge of adequate collateral, generally in the form of a security interest or mortgage against all property associated with a project or security as otherwise required by the Program.

(3)

The Program will require such other security as it deems necessary and appropriate, given the circumstances of each obligor and the project.

(4)

The security documents will, among other things, contain provisions to secure the repayment of all additional amounts the Program advances or incurs to protect its interest or accommodate the obligor, including additional interest charges and fees.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.15. Recourse against parties.

50 C.F.R. § 253.15

(a)

Form. Recourse by borrowers or guarantors may be by a repayment guarantee, irrevocable letter of credit, additional tangible or intangible collateral, or other form acceptable to the Program.

(b)

Principals accountable. The principal parties in interest, who ultimately stand most to benefit from the project, will ordinarily be held financially accountable for the project's performance. The Program may require recourse against:

(1)

All major shareholders of a closely-held corporate obligor;

(2)

The parent corporation of a subsidiary corporate obligor;

(3)

The related business entities of the obligor if the Program determines that the obligor lacks substantial pledged assets other than the project property or is otherwise lacking in any credit factor required to approve the application;

(4)

Any or all major limited partners;

(5)

Non-obligor spouses of applicants or obligors in community property states; and/or

(6)

Against any others it deems necessary to protect its interest.

(c)

Recourse against parties. Should the Program determine that a secondary means of repayment from other sources is necessary (including the net worth of parties other than the obligor), the Program may require secured or unsecured recourse against any such secondary repayment sources.

(d)

Recourse unavailable. Where appropriate recourse is unavailable, the conservatively projected net liquidating value of the obligor's assets (as such assets are pledged to the Program) must, in the Program's credit judgment, substantially exceed all projected Program exposure or other risks of loss.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.16. Actual cost.

50 C.F.R. § 253.16

Actual cost shall be determined as follows:

(a)

The actual cost of a vessel shall be the sum of:

(1)

The total cost of the project depreciated on a straight-line basis, over the project property's useful life, using a 10-percent salvage value; and

(2)

The current market value of appurtenant limited access privileges or transferable limited access privileges vested in the name of the obligor, the subject vessel or their owners, provided that such privileges are utilized by or aboard the subject vessel and will be pledged as collateral for the subject FFP financing.

(b)

The actual cost of a facility shall be the sum of:

(1)

The total cost of the project, not including land, depreciated on a straightline basis over the Project Property's useful life, using a 10-percent salvage value;

(2)

The current market value of the land that will be pledged as collateral for the subject FFP financing, provided that such land is utilized by the facility; and

(3)

The net present value of the payments due under a long term lease of land or marine use rights, provided that they meet the following requirements:

(i)

The project property must be located at such leased space or directly use such marine use rights;

(ii)

Such lease or marine use right must have a duration the Program deems sufficient; and

(iii)

The lease or marine use right must be assigned to the Program such that the Program may foreclose and transfer such lease to another party.

(c)

The actual cost of a transferable limited access privilege shall be determined as follows:

(1)

For financing the purchase of limited access privileges, the actual cost shall be the purchase cost.

(2)

For refinancing limited access privileges, the actual cost shall be the current market value.

(d)

The actual cost of any Project that includes any combination of items described in paragraphs (a), (b) or (c) of this section shall be the sum of such calculations.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.17. Insurance.

50 C.F.R. § 253.17

(a)

All insurable collateral property and other risks shall be continuously insured so long as any balance of principal or interest on a Program loan or guarantee remains outstanding.

(b)

Insurers must be acceptable to the Program.

(c)

Insurance must be in such forms and amounts and against such risks the Program deems necessary to protect the United States' interest.

(d)

Insurance must be endorsed to include the requirements the Program deems necessary and appropriate.

(1)

Normally and as appropriate, the Program will be named as an additional insured, mortgagee, or loss payee, for the amount of its interest; any waiver of this requirement must be in writing;

(2)

Cancellation will require adequate advance written notice;

(3)

The Program will be adequately protected against other insureds' breaches of policy warranties, negligence, omission, etc., in the case of marine insurance, vessel seaworthiness will be required;

(4)

The insured must provide coverage for any other risk or casualty the Program may require.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.18. Closing.

50 C.F.R. § 253.18

(a)

Approval in principle letters. Every closing will be in strict accordance with a final approval in principle letter.

(b)

Contracts. Promissory notes, security documents, and any other documents the Program may require will be on standard Program forms that may not be altered without Program written approval. The Program will ordinarily prepare all contracts, except certain pledges involving real property or other matters involving local law, which will be prepared by each obligor's attorney at the direction and approval of the Program.

(c)

Additional requirements. At its discretion the Program may require services from applicant's attorneys, other contractors or agents. Real property services required from an applicant's attorney or agent may include, but are not limited to: Title search, title insurance, mortgage and other document preparation, document execution and recording, escrow and disbursement, and legal opinions and other assurances. The Program will notify the applicant in advance if any such services are required of the applicant's attorneys, contractors or other agents. Applicants are responsible for all attorney's fees, as well as those of any other private contractor. Attorneys and other contractors must be satisfactory to the Program.

(d)

Closing schedules. The Program will not be liable for adverse interest-rate fluctuations, loss of commitments, or other consequences of an inability by any of the parties to meet the closing schedule.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.19. Dual-use CCF.

50 C.F.R. § 253.19

The Program may require the pledge of a CCF account or annual deposits of some portion of the project property's net income into a dual-use CCF. A dual-use CCF provides the normal CCF tax-deferral benefits, but also gives the Program control of CCF withdrawals, recourse against CCF deposits, ensures an emergency refurbishing reserve (tax-deferred) for project property, and provides additional collateral.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.20. Fees.

50 C.F.R. § 253.20

(a)

Application fee. See §§ 253.10 and 253.12(b).

(b)

Guarantee fee. For existing Guaranteed Loans, an annual guarantee fee will be due in advance and will be based on the guaranteed note's repayment provisions for the prospective year. The first annual guarantee fee is due at guarantee closing. Each subsequent guarantee fee is due and payable on the guarantee closing's anniversary date. Each is fully earned when due, and shall not subsequently be refunded for any reason.

(c)

Refinancing or assumption fee. The Program will assess a fee of one quarter of one (1) percent of the note to be refinanced or assumed. This fee is due upon application for refinancing or assumption of a guaranteed or direct loan. Upon submission, the fee shall be non-refundable. The Program may waive a refinancing or assumption fee's payment when the refinancing or assumption's primary purpose will benefit the United States.

(d)

Where payable. Fees are payable by check to “U.S. Department of Commerce/NOAA.” Other than those collected at application or closing, fees are payable by mailing checks to the “U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service,” to such address as the Program may designate. To ensure proper crediting, each check should include the official case number the Program assigns.

50 C.F.R. § 253.24

(a)

Compliance with applicable law. All applicants and Program participants shall comply with applicable law.

(b)

Applicant disqualification.

(1)

Any issuance of any citation or Notice of Violation and Assessment by NMFS enforcement or other enforcement authority may constitute grounds for the Program to:

(i)

Delay application or approval processing;

(ii)

Delay loan closing;

(iii)

Delay disbursement of loan proceeds;

(iv)

Disqualify an applicant or obligor; or

(v)

Declare default.

(2)

The Program will not approve loans or disburse funds to any applicant found to have an outstanding, final and unappealable fisheries fine or other unresolved penalty until either: Such fine is paid or penalty has been resolved; or the applicant enters into an agreement to pay the penalty and makes all payments or installments as they are due. Failure to pay or resolve any such fine or penalty in a reasonable period of time will result in the applicant's disqualification.

(c)

Foreclosure in addition to other penalties. In the event that a person with an outstanding balance on a Program loan or guarantee violates any ownership, lease, use, or other provision of applicable law, such person may be subject to foreclosure of property, in addition to any fines, sanctions, or other penalties.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.25. Other administrative requirements.

50 C.F.R. § 253.25

(a)

Debt Collection Act. In accordance with the provisions of the Debt Collection Improvement Act of 1996, a person may not obtain any Federal financial assistance in the form of a loan (other than a disaster loan) or loan guarantee if the person has an outstanding debt (other than a debt under the Internal Revenue Code of 1986) with any Federal agency which is in a delinquent status, as determined under standards prescribed by the Secretary of the Treasury.

(b)

Certifications. Applicants must submit a completed Form CD-511, “Certifications Regarding Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements and Lobbying,” or its equivalent or successor form, if any.

(c)

Taxpayer identification. An applicant classified for tax purposes as an individual, limited liability company, partnership, proprietorship, corporation, or legal entity is required to submit along with the application a taxpayer identification number (TIN) (social security number, employer identification number as applicable, or registered foreign organization number). Recipients who either fail to provide their TIN or provide an incorrect TIN may have application processing or funding suspended until the requirement is met.

(d)

Audit inquiry. An audit of a Program loan may be conducted at any time. Auditors, selected at the discretion of the Program or other agency of the United States, shall have access to any and all books, documents, papers and records of the obligor or any other party to a financing that the auditor(s) deem(s) pertinent, whether written, printed, recorded, produced or reproduced by any mechanical, magnetic or other process or medium.

(e)

Paperwork Reduction Act. The application requirements contained in these rules have been approved under OMB control number 0648-0012. The applications for the halibut/sablefish QS crew member eligibility certificate have been approved under OMB control number 0648-0272. Notwithstanding any other provisions of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB control number.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.26. Traditional loans.

50 C.F.R. § 253.26

(a)

Eligible projects. Financing or refinancing up to 80 percent of a project's actual cost shall be available to any citizen who is determined to be eligible and qualified under the Act and these rules, except—

(1)

The Program will not finance the cost of new vessel construction.

(2)

The Program will not finance a vessel refurbishing project that materially increases an existing vessel's harvesting capacity.

(b)

Financing or refinancing.

(1)

Projects, other than those specified in paragraphs (a) (1) and (a)(2) of this section, may be financed, as well as refinanced.

(2)

Notwithstanding paragraph (a)(1) of this section, the Program may refinance the construction cost of a vessel whose construction cost has already been financed (or otherwise paid) prior to the submission of a loan application.

(3)

Notwithstanding paragraph (a)(2) of this section, the Program may refinance the refurbishing cost of a vessel whose initial refurbishing cost has already been financed (or otherwise paid) prior to the submission of a loan application.

(4)

The Program may finance or refinance the purchase or refurbishment of any vessel or facility for which the Secretary has:

(i)

Accelerated and/or paid outstanding debts or obligations;

(ii)

Acquired; or

(iii)

Sold at foreclosure.

(c)

Existing vessels and facilities. The Program may finance the purchase of an existing vessel or existing fishery facility if such vessel or facility will be refurbished in the United States and will be used in the fishing industry.

(d)

Fisheries modernization. Notwithstanding any of this part, the Program may finance or refinance any:

(1)

Activities that assist in the transition to reduced fishing capacity; or

(2)

Technologies or upgrades designed to—

(i)

Improve collection and reporting of fishery-dependent data;

(ii)

Reduce bycatch;

(iii)

Improve selectivity;

(iv)

Reduce adverse impacts of fishing gear; or

(v)

Improve safety.

(e)

Guaranty transition. Upon application by the obligor, any guaranteed loans originated prior to October 11, 1996, may be refinanced as direct loans, regardless of the original purpose of the guaranteed loan.

(f)

Maturity. Maturity may not exceed 25 years, but shall not exceed the project property's useful life. The Program, at its sole discretion, may set a shorter maturity period.

(g)

Credit standards. Traditional loans are subject to all Program general credit standards and requirements. Collateral, guarantee and other requirements may be adjusted in accordance with the Program's assessment of individual credit risks.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.27. IFQ financing.

50 C.F.R. § 253.27

The Program may finance or refinance the project cost of purchasing, including the reimbursement of obligors for expenditures previously made for purchasing, individual fishing quotas in accordance with the applicable sections of the Magnuson-Stevens Fishery Conservation and Management Act or any other statute.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.28. Halibut sablefish IFQ loans.

50 C.F.R. § 253.28

(a)

Specific definitions. For the purposes of this section, the following definitions apply:

(1)

Entry-level fishermen means fishermen who do not own any IFQ in the year they apply for a loan.

(2)

Fishermen who fish from small vessels means fishermen wishing to purchase IFQ for use on Category B, Category C, or Category D vessels, but who do not own, in whole or in part, any Category A or Category B vessels, as such vessels are defined in 50 CFR 679.40(a)(5) of this title.

(3)

Halibut sablefish quota share means a halibut or sablefish permit, the face amount of which is used as the basis for the annual calculation of a person's halibut or sablefish IFQ, also abbreviated as “HSQS” or “halibut/sablefish QS.”

(4)

Halibut/Sablefish IFQ means the annual catch limit of halibut or sablefish that may be harvested by a person who is lawfully allocated halibut or sablefish quota share, a harvest privilege for a specific portion of the total allowable catch of halibut or sablefish.

(b)

Entry level fishermen. The Program may finance up to 80 percent of the cost of purchasing HSQS by an entry level fisherman who:

(1)

Does not own any halibut/sablefish QS during the origination year;

(2)

Applies for a loan to purchase a quantity of halibut/sablefish QS that is not greater than the equivalent of 8,000 lb. (3,628.7 kg) of IFQ during the origination year;

(3)

Possesses the appropriate transfer eligibility documentation duly issued by RAM for HSQS;

(4)

Intends to be present aboard the vessel, as may be required by applicable regulations; and

(5)

Meets all other Program eligibility, qualification, lending and credit requirements.

(c)

Fishermen fishing from small vessels. The Program may finance up to 80 percent of the cost of purchasing HSQS by a fisherman who fishes from a small vessel, provided that any such fisherman shall:

(1)

Apply for a loan to purchase halibut or sablefish QS for use on vessel Categories B, C, or D, as defined under 50 CFR 679.40(a)(5) of this title;

(2)

Not own an aggregate quantity of halibut/sablefish QS (including the loan QS) of more than the equivalent of 50,000 lb. (22,679.6 kg) of IFQ during the origination year;

(3)

Not own, in whole or in part, directly or indirectly (including through stock or other ownership interest) any vessel of the type that would have been assigned Category A or Category B HSQS under 50 CFR 679.40(a)(5);

(4)

Possess the appropriate transfer eligibility documentation duly issued by the RAM for HSQS;

(5)

Intend to be present aboard the vessel, as may be required by applicable regulations, as IFQ associated with halibut/sablefish QS financed by the loan is harvested; and

(6)

Meet all other Program eligibility, qualification, lending and credit requirements.

(d)

Refinancing.

(1)

The Program may refinance any existing debts associated with HSQS an applicant currently holds, provided that—

(i)

The HSQS being refinanced would have been eligible for Program financing at the time the applicant purchased it, and

(ii)

The applicant meets the Program's applicable lending requirements.

(2)

The refinancing is in an amount up to 80 percent of HSQS' current market value; however, the Program will not disburse any amount that exceeds the outstanding principal balance, plus accrued interest (if any), of the existing HSQS debt being refinanced.

(3)

In the event that the current market value of HSQS and principal loan balance do not meet the 80 percent requirement in paragraph (d)(2) of this section, applicants seeking refinancing may be required to provide additional down payment.

(e)

Maturity. Loan maturity may not exceed 25 years, but may be shorter depending on credit and other considerations.

(f)

Repayment. Repayment will be by equal quarterly installments of principal and interest.

(g)

Security. Although quota share(s) will be the primary collateral for a HSQS loan, the Program may require additional security pledges to maintain the priority of the Program's security interest. The Program, at its option, may also require all parties with significant ownership interests to personally guarantee loan repayment for any applicant that is a corporation, partnership, or other entity. Subject to the Program's credit risk determination, some projects may require additional security, collateral, or credit enhancement.

(h)

Crew member transfer eligibility certification. The Program will accept RAM certification as proof that applicants are eligible to hold HSQS. The application of any person determined by RAM to be unable to receive such certification will be declined. Applicants who fail to obtain appropriate transfer eligibility certification within 45 working days of the date of application may lose their processing priority.

(i)

Program credit standards. HSQS loans, regardless of purpose, are subject to all Program general credit standards and requirements. Collateral, guarantee and other requirements may be adjusted to individual credit risks.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.29. CDQ loans.

50 C.F.R. § 253.29

(a)

FFP actions. The Program may finance or refinance up to 80 percent of a project's actual cost.

(b)

Eligible projects. Eligible projects include the purchase of all or part of ownership interests in fishing or processing vessels, shoreside fish processing facilities, permits, quota, and cooperative rights in any of the Bering Sea and Aleutian Islands fisheries.

(c)

Eligible entities. The following communities, in accordance with applicable law and regulations are eligible to participate in the loan program:

(1)

The villages of Akutan, Atka, False Pass, Nelson Lagoon, Nikolski, and Saint George through the Aleutian Pribilof Island Community Development Association.

(2)

The villages of Aleknagik, Clark's Point, Dillingham, Egegik, Ekuk, Ekwok, King Salmon/Savonoski, Levelock, Manokotak, Naknek, Pilot Point, Port Heiden, Portage Creek, South Naknek, Togiak, Twin Hills, and Ugashik through the Bristol Bay Economic Development Corporation.

(3)

The village of Saint Paul through the Central Bering Sea Fishermen's Association.

(4)

The villages of Chefornak, Chevak, Eek, Goodnews Bay, Hooper Bay, Kipnuk, Kongiganak, Kwigillingok, Mekoryuk, Napakiak, Napaskiak, Newtok, Nightmute, Oscarville, Platinum, Quinhagak, Scammon Bay, Toksook Bay, Tuntutuliak, and Tununak through the Coastal Villages Region Fund.

(5)

The villages of Brevig Mission, Diomede, Elim, Gambell, Golovin, Koyuk, Nome, Saint Michael, Savoonga, Shaktoolik, Stebbins, Teller, Unalakleet, Wales, and White Mountain through the Norton Sound Economic Development Corporation.

(6)

The villages of Alakanuk, Emmonak, Grayling, Kotlik, Mountain Village, and Nunam Iqua through the Yukon Delta Fisheries Development Association.

(7)

Any new groups established by applicable law.

(d)

Loan terms.

(1)

CDQ loans may have terms up to thirty years, but shall not exceed the project property's useful life. The Program, at its sole discretion, may set a shorter maturity period.

(2)

CDQ loans are subject to all Program general credit standards and requirements. Collateral, guarantee and other requirements may be adjusted to individual credit risks.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.

§253.30. Crab IFQ loans.

50 C.F.R. § 253.30

(a)

Specific definitions. For the purposes of this section, the following definitions apply:

(1)

Crab means those crab species managed under the Fishery Management Plan for Bering Sea/Aleutian Island (BSAI) King and Tanner Crab.

(2)

Crab FMP means the Fishery Management Plan for BSAI King and Tanner Crab.

(3)

Crab quota share means a BSAI King and Tanner Crab permit, the base amount of which is used as a basis for the annual calculation of a person's Crab IFQ, also abbreviated as “Crab QS.”

(b)

Crab captains or crewmen. The Program may finance up to 80 percent of the cost of purchasing Crab QS by a citizen:

(1)

Who is or was—

(i)

A captain of a crab fishing vessel, or

(ii)

A crew member of a crab fishing vessel;

(2)

Who has been issued the appropriate documentation of eligibility by RAM;

(3)

Whose aggregate holdings of QS will not exceed any limit on Crab QS holdings that may be in effect in the Crab FMP implementing regulations or applicable statutes in effect at the time of loan closing; and will not hold either individually or collectively, based on the initial QS pool, as published in 50 CFR part 680, Table 8; and

(4)

Who, at the time of initial application, meets all other applicable eligibility requirements to fish for crab or hold Crab QS contained in the Crab FMP implementing regulations or applicable statutes in effect at the time of loan closing.

(c)

Refinancing.

(1)

The Program may refinance any existing debts associated with Crab QS that an applicant currently holds, provided that:

(i)

The Crab QS being refinanced would have been eligible for Program financing at the time the applicant purchased it;

(ii)

The applicant meets the Program's applicable lending requirements; and

(iii)

The applicant would meet the requirements found in the Crab FMP implementing regulations at the time any such refinancing loan would close.

(2)

The Program may refinance an amount up to 80 percent of Crab QS's current market value; however, the Program will not disburse any amount that exceeds the outstanding principal balance, plus accrued interest (if any), of the existing Crab QS debt being refinanced.

(3)

In the event that the current market value of Crab QS and current principal balance do not meet the 80 percent requirement in paragraph (c)(2) of this section, applicants seeking refinancing may be required to provide additional down payment.

(d)

Maturity. Loan maturity may not exceed 25 years, but may be shorter depending on credit and other considerations.

(e)

Repayment. Repayment schedules will be set by the loan documents.

(f)

Security. Although the quota share will be the primary collateral for a Crab QS loan, the Program may require additional security pledges to maintain the priority of the Program's security interest. The Program, at its option, may also require all parties with significant ownership interests to personally guarantee loan repayment for any applicant that is a corporation, partnership, or other entity. Subject to the Program's credit risk determination, some projects may require additional security, collateral, or credit enhancement.

(g)

Crew member transfer eligibility certification. The Program will accept RAM transfer eligibility certification as proof that applicants are eligible to hold Crab QS. The application of any person determined by RAM to be unable to receive such certification will be declined. Applicants who fail to obtain appropriate transfer eligibility certification within 45 working days of the date of application may lose their processing priority.

(h)

Crab Quota Share Ownership Limitation. A program obligor must comply with all applicable maximum amounts, as may be established by NMFS regulations, policy or North Pacific Fishery Management Council action.

(i)

Program credit standards. Crab QS loans are subject to all Program general credit standards and requirements. Collateral, guarantee and other requirements may be adjusted to individual credit risks.

Notes, amendments, and revision history

Authority

Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

Source

Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.