National Academies Press: OpenBook

Sharing the Fish: Toward a National Policy on Individual Fishing Quotas (1999)

Chapter: C Relevant Section from the Shipping Act of 1916

« Previous: B Committee Biographies
Suggested Citation:"C Relevant Section from the Shipping Act of 1916." National Research Council. 1999. Sharing the Fish: Toward a National Policy on Individual Fishing Quotas. Washington, DC: The National Academies Press. doi: 10.17226/6335.
×

Appendix C Relevant Section From the Shipping Act of 19161

Sec. 802. Corporation, partnership, or association as citizen

  • (a)  

    Ownership of controlling interest

    Within the meaning of this chapter no corporation, partnership, or association shall be deemed a citizen of the United States unless the controlling interest therein is owned by citizens of the United States, and, in the case of a corporation, unless its president or other chief executive officer and the chairman of its board of directors are citizens of the United States and unless no more of its directors than a minority of the number necessary to constitute a quorum are noncitizens and the corporation itself is organized under the laws of the United States or of a state, Territory, District, or possession thereof, but in the case of a corporation, association, or partnership operating any vessel in the coastwise trade the amount of interest required to be owned by citizens of the United States shall be 75 per centum.

  • (c)  

    Determination of seventy-five per centum of interest

    Seventy-five per centum of the interest in a corporation shall not be deemed to be owned by citizens of the United States (a) if the title to 75 per centum of its stock is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States; or (b) if 75 per centum of the voting power in such corporation is not vested in citizens of the United States; or (c) if, through any contract or understanding, it is so arranged that more than 25 per centum of the voting power in such corporation may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; or (d) 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 citizen of the United States.

1  

46 U.S.C. Appendix—Shipping Sec. 802.

Suggested Citation:"C Relevant Section from the Shipping Act of 1916." National Research Council. 1999. Sharing the Fish: Toward a National Policy on Individual Fishing Quotas. Washington, DC: The National Academies Press. doi: 10.17226/6335.
×
Page 257
Next: D National Standards in the Magnuson-Stevens Fishery Conservation and Management Act »
Sharing the Fish: Toward a National Policy on Individual Fishing Quotas Get This Book
×
Buy Hardback | $80.00 Buy Ebook | $64.99
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

Most U.S. fish stocks are fully or over-exploited, and harvesting in many fisheries far exceeds sustainable levels. The individual fishing quota (IFQ) is a relatively new instrument under which harvesting privileges are allocated to individual fishermen—innovative yet controversial for its feared effect on fishing communities and individual fishermen.

Based on testimony from fishermen, regulators, environmentalists, and others, Sharing the Fish explores how IFQs might address the serious social, economic, and biologic issues raised by depleted fish stocks. In their approach to a national policy on IFQs, the panel makes direct recommendations to Congress, the Secretary of Commerce, the National Marine Fisheries Service, regional fishery management councils, state authorities, and others.

This book provides definitions and examples, reviews legislation and regulations, and includes lessons learned from fisheries on the U.S. East Coast and in Alaska, and in Iceland, New Zealand, and other nations. The committee discusses the public trust doctrine, management of common-pool resources, alternative and complementary approaches to the IFQ, and more.

Sharing the Fish provides straightforward answers that will be important to fishery policymakers and regulators, natural resource economists, fishery managers, environmental advocates, and concerned fishermen and their communities.

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    Switch between the Original Pages, where you can read the report as it appeared in print, and Text Pages for the web version, where you can highlight and search the text.

    « Back Next »
  6. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  7. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  8. ×

    View our suggested citation for this chapter.

    « Back Next »
  9. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!