Otherwise controls.

Otherwise controls. A person otherwise controls another person, if the first person has:
(i) The right to direct, or does direct, the business of the other person;
(ii) The right in the ordinary course of business to limit the actions of, or replace, or does limit or replace, the chief executive officer, a majority of the board of directors, any general partner, or any person serving in a management capacity of the other person;
(iii) The right to direct, or does direct, the Rockfish Program fishery processing activities of the other person;
(iv) The right to restrict, or does restrict, the day-to-day business activities and management policies of the other person through loan covenants;
(v) The right to derive, or does derive, either directly, or through a minority shareholder or partner, and in favor of the other person, a significantly disproportionate amount of the economic benefit from the processing of fish by that other person;
(vi) The right to control, or does control, the management of, or to be a controlling factor in, the other person;
(vii) The right to cause, or does cause, the purchase or sale of fish processed by the other person;
(viii) Absorbs all of the costs and normal business risks associated with ownership and operation of the other person; or
(ix) Has the ability through any other means whatsoever to control the other person.


50 CFR § 679.2

Scoping language

In addition to the definitions in the Magnuson-Stevens Act and in part 600 of this chapter, the terms used in this part have the following meanings:

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