Page:United States Statutes at Large Volume 120.djvu/1633

 120 STAT. 1602

PUBLIC LAW 109–304—OCT. 6, 2006 ‘‘(I) a structure or appurtenance thereto designed for the unloading and receiving from vessels, the processing, the holding pending processing, the distribution after processing, or the holding pending distribution, of fish from a fishery; ‘‘(II) the land necessary for the structure or appurtenance; and ‘‘(III) equipment that is for use with the structure or appurtenance and that is necessary for performing a function referred to in subclause (I); ‘‘(ii) for operations not on land, a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, the processing of fish; or ‘‘(iii) for aquaculture, including operations on land or elsewhere— ‘‘(I) a structure or appurtenance thereto designed for aquaculture; ‘‘(II) the land necessary for the structure or appurtenance; ‘‘(III) equipment that is for use with the structure or appurtenance and that is necessary for performing a function referred to in subclause (I); and ‘‘(IV) a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, aquaculture. ‘‘(B) REQUIRED OWNERSHIP.—Under subparagraph (A), the structure, appurtenance, land, equipment, or vessel must be owned by— ‘‘(i) an individual who is a citizen of the United States; or ‘‘(ii) an entity that is a citizen of the United States under section 50501 of this title and that is at least 75 percent owned (as determined under that section) by citizens of the United States. ‘‘(6) FISHING VESSEL.—The term ‘fishing vessel’ has the meaning given that term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802), and any reference in this chapter to a vessel designed principally for commercial use in the fishing trade or industry is deemed to be a reference to a fishing vessel. ‘‘(7) MORTGAGE.—The term ‘mortgage’ includes— ‘‘(A) a preferred mortgage as defined in section 31301 of this title; and ‘‘(B) a mortgage on a vessel that will become a preferred mortgage when filed or recorded under chapter 313 of this title. ‘‘(8) OBLIGATION.—The term ‘obligation’ means an instrument of indebtedness issued for a purpose described in section 53706 of this title, except— ‘‘(A) an obligation issued by the Secretary under section 53723 of this title; and ‘‘(B) an obligation eligible for investment of funds under section 53715(f) or 53717 of this title. ‘‘(9) OBLIGEE.—The term ‘obligee’ means the holder of an obligation.

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