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22 USC CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL WATERS OF FOREIGN COUNTRIES

-CITE-
22 USC CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH
SEAS AND IN TERRITORIAL WATERS OF FOREIGN
COUNTRIES 01/19/04

-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN
TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-
CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN
TERRITORIAL WATERS OF FOREIGN COUNTRIES

-MISC1-
Sec.
1971. "Vessel of the United States" defined.
1972. Action by Secretary of State upon seizure of vessel by
foreign country; preconditions.
1973. Reimbursement of owner for any direct charges paid to
secure release of vessel and crew.
(a) Reimbursement by Secretary of State; "other
direct charge" defined; source of
reimbursement.
(b) Determination and certification of charges by
Secretary of State; reimbursement as lien on
vessel; termination of lien.
1974. Inapplicability of chapter to certain seizures.
1975. Claims for amounts expended because of seizure.
(a) Action by Secretary.
(b) Withholding amount of unpaid claim from foreign
assistance funds.
1976. Authorization of appropriations.
1977. Reimbursement for seized commercial fishermen.
(a) Agreement to reimburse for actual costs,
confiscation or spoilage of fish, and loss of
income.
(b) Distribution of payments according to
commercial fishing practices and procedures.
(c) Establishment of fees; amount of fees; credit
of fees to separate Treasury account; payment
from collected fees; authorization of
appropriations.
(d) Finality of determinations; insured losses.
(e) Effective date.
(f) Definitions.
1978. Restriction on importation of fishery or wildlife
products from countries which violate international
fishery or endangered or threatened species programs.
(a) Certification to President.
(b) Notification to Congress.
(c) Importation of fish products from offending
country prohibited.
(d) Periodic review by Secretary of Commerce or
Secretary of the Interior; termination of
certification; notice.
(e) Penalties; forfeiture; customs laws.
(f) Enforcement.
(g) Regulations.
(h) Definitions.
1979. Fishermen's Protective Fund.
1980. Compensation for loss or destruction of commercial
fishing vessel or gear.
(a) Definitions.
(b) Causes of loss or destruction.
(c) Eligibility for compensation.
(d) Application for compensation; initial
determination of eligibility; amount of
compensation; review of initial determination;
subrogation of United States upon payment.
(e) Surcharge on foreign fishing vessels.
(f) Fishing Vessel and Gear Damage Compensation
Fund; requirements, etc.
(g) Penalty for false or misleading statements.
1980a. Reimbursement of owner for fee paid to navigate
foreign waters if fee inconsistent with international
law.
(a) Reimbursable fees.
(b) Documentation.
(c) Timeliness.
(d) Funding; appropriations.
(e) Claim against foreign government.
(f) "Owner" defined.
1980b. Sanctions for imposition of conditions on U.S. fishing
vessel found inconsistent with international law.
(a) Certification.
(b) Sanctions.
(c) "Fishing vessel" defined.
(d) Sanctions commensurate with conditions
certified.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 16 section 972c; title 48
section 1904.

-End-



-CITE-
22 USC Sec. 1971 01/19/04

-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN
TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-
Sec. 1971. "Vessel of the United States" defined

-STATUTE-
For the purposes of this chapter the term "vessel of the United
States" shall mean any private vessel documented or certificated
under the laws of the United States. Notwithstanding any other law,
the documentation or certification of any such vessel shall not be
considered to be affected, for the purposes of this chapter, in any
manner or to any extent if at any time during any voyage for the
purpose of fishing beyond the fishery conservation zone (as defined
in section 1802(8) (!1) of title 16), the vessel is commanded by
other than a citizen of the United States.


-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 1, 68 Stat. 883; Pub. L. 95-541,
Sec. 14(a), Oct. 28, 1978, 92 Stat. 2057; Pub. L. 96-561, title II,
Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104-208, div. A,
title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110
Stat. 3009, 3009-41.)

-REFTEXT-
REFERENCES IN TEXT
Section 1802(8) of title 16, referred to in text, which defined
"fishery conservation zone", was repealed and section 1802(6) of
Title 16, Conservation, defining the term "exclusive economic
zone", was added by Pub. L. 99-659, title I, Sec. 101(a), Nov. 14,
1986, 100 Stat. 3706. Section 1802 was subsequently amended and the
term "exclusive economic zone" is defined elsewhere in that
section.


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-208 made technical amendment to reference in
original act which appears in text as reference to section 1802(8)
of title 16.
1980 - Pub. L. 96-561 made technical amendment to reference in
original act which appears in text as reference to section 1802(8)
of title 16.
1978 - Pub. L. 95-541 provided that the documentation or
certification of a vessel of the United States not be affected if
at any time during the voyage for the purpose of fishing beyond the
fishery conservation zone, the vessel is commanded by other than a
citizen of the United States.

EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.
104-208 provided that the amendment made by that section is
effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT
Section 238(b) of Pub. L. 96-561 provided that the amendment made
by that section is effective 15 days after Dec. 22, 1980.

EFFECTIVE DATE OF 1978 AMENDMENT
Section 14(b) of Pub. L. 95-541 provided that the amendment made
by section 14(a) of Pub. L. 95-541, amending this section, was to
take effect Jan. 1, 1978, prior to the general amendment by Pub. L.
104-227, title I, Sec. 107, Oct. 2, 1996, 110 Stat. 3042.

SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-450, title I, Sec. 101, Nov. 7, 2000, 114 Stat. 1941,
provided that: "This title [amending section 1977 of this title]
may be cited as the 'Fishermen's Protective Act Amendments of
2000'."

SHORT TITLE
Pub. L. 90-482, Sec. 4, Aug. 12, 1968, 82 Stat. 730, provided
that: "The Act of August 27, 1954 (68 Stat. 883; 22 U.S.C.
1971-1976), as amended by this Act [this chapter], may be cited as
the 'Fishermen's Protective Act of 1967'."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 48 section 1904.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
22 USC Sec. 1972 01/19/04

-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN
TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-
Sec. 1972. Action by Secretary of State upon seizure of vessel by
foreign country; preconditions

-STATUTE-
If -
(1) any vessel of the United States is seized by a foreign
country on the basis of claims to jurisdiction that are not
recognized by the United States, or on the basis of claims to
jurisdiction recognized by the United States but exercised in a
manner inconsistent with international law as recognized by the
United States; (!1)

(2) any general claim of any foreign country to exclusive
fishery management authority is recognized by the United States,
and any vessel of the United States is seized by such foreign
country on the basis of conditions and restrictions under such
claim, if such conditions and restrictions -
(A) are unrelated to fishery conservation and management,
(B) fail to consider and take into account traditional
fishing practices of vessels of the United States,
(C) are greater or more onerous than the conditions and
restrictions which the United States applies to foreign fishing
vessels subject to the exclusive fishery management authority
of the United States (as established in title I of the
Magnuson-Stevens Fishery Conservation and Management Act [16
U.S.C. 1811 et seq.]), or
(D) fail to allow fishing vessels of the United States
equitable access to fish subject to such country's exclusive
fishery management authority;

the Secretary of State, unless there is clear and convincing
credible evidence that the seizure did not meet the requirements
under paragraph (1) or (2), as the case may be, shall immediately
take such steps as are necessary -
(i) for the protection of such vessel and for the health and
welfare of its crew;
(ii) to secure the release of such vessel and its crew; and
(iii) to determine the amount of any fine, license, fee,
registration fee, or other direct charge reimbursable under
section 1973(a) of this title.

-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 2, 68 Stat. 883; Pub. L. 92-569,
Sec. 1, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94-265, title IV,
Sec. 403(a)(1), Apr. 13, 1976, 90 Stat. 360; Pub. L. 96-561, title
II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 98-364,
title III, Sec. 303(a), July 17, 1984, 98 Stat. 444; Pub. L.
104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)],
Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-
REFERENCES IN TEXT
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in par. (2)(C), is Pub. L. 94-265, Apr. 13, 1976, 90
Stat. 331, as amended. Title I of the Act is classified generally
to subchapter II (Sec. 1811 et seq.) of chapter 38 of Title 16,
Conservation. For complete classification of this Act to the Code,
see Short Title note set out under section 1801 of Title 16 and
Tables.


-MISC1-
AMENDMENTS
1996 - Par. (2)(C). Pub. L. 104-208 substituted "Magnuson-Stevens
Fishery" for "Magnuson Fishery".
1984 - Pub. L. 98-364, in par. (1), substituted "any vessel of
the United States is seized by a foreign country on the basis of
claims to jurisdiction that are not recognized by the United
States, or on the basis of claims to jurisdiction recognized by the
United States but exercised in a manner inconsistent with
international law as recognized by the United States;" for "any
vessel of the United States is seized by a foreign country on the
basis of claims in territorial waters or the high seas which are
not recognized by the United States; or", and in provisions
following par. (2)(D), substituted "the Secretary of State, unless
there is clear and convincing credible evidence that the seizure
did not meet the requirements under paragraph (1) or (2), as the
case may be, shall immediately take such steps as are necessary"
for "and there is no dispute as to the material facts with respect
to the location or activity of such vessel at the time of such
seizure, the Secretary of State shall immediately take such steps
as are necessary".
1980 - Par. (2)(C). Pub. L. 96-561 substituted "Magnuson Fishery
Conservation and Management Act" for "Fishery Conservation and
Management Act of 1976".
1976 - Pub. L. 94-265 redesignated existing subsecs. (a) and (b)
as pars. (1) and (2), respectively, and, in par. (1) struck out
reference to rights in territorial waters, and in par. (2)
substituted provisions relating to any general claim of any foreign
country, conditions, and restrictions of seizure, lack of dispute
as to material facts, and steps authorized for Secretary of State
upon seizure, for provisions relating to lack of dispute as to
material facts and actions authorized for Secretary of State upon
seizure.
1972 - Subsec. (b). Pub. L. 92-569 required the Secretary of
State to take appropriate action to immediately ascertain the fees,
fines, and other direct charges paid by a United States vessel
owner to the seizing foreign country for the release of the vessel
and its crew.

EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.
104-208 provided that the amendment made by that section is
effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1984 AMENDMENT
Section 303(c) of Pub. L. 98-364 provided that: "The amendments
made by subsections (a) and (b) [amending this section and section
1974 of this title] apply with respect to seizures made after April
1, 1983, by foreign countries of vessels of the United States."

EFFECTIVE DATE OF 1980 AMENDMENT
Section 238(b) of Pub. L. 96-561 provided that the amendment made
by that section is effective 15 days after Dec. 22, 1980.

EFFECTIVE DATE OF 1976 AMENDMENT
Section 403(b) of Pub. L. 94-265 provided in part that the
amendment made by section 403(a)(1) of Pub. L. 94-265 to this
section was to take effect Mar. 1, 1977, prior to the general
amendment of title IV of Pub. L. 94-265 by Pub. L. 104-297.

EFFECTIVE DATE OF 1972 AMENDMENT
Section 6 of Pub. L. 92-569 provided that: "The amendments made
by this Act [enacting section 1979 of this title and amending this
section and sections 1973, 1975, and 1977 of this title] shall
apply with respect to seizures of vessels of the United States
occurring on or after the date of the enactment of this Act [Oct.
26, 1972]; except that reimbursements under section 3 of the
Fishermen's Protective Act of 1967 [section 1973 of this title] (as
in effect before such date of enactment [Oct. 26, 1972]) may be
made from the fund established by the amendment made by section 5
of this Act [enacting section 1979 of this title] with respect to
any seizure of a vessel occurring before such date of enactment
[Oct. 26, 1972] and after December 31, 1970, if no reimbursement
was made before such date of enactment [Oct. 26, 1972]."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1973, 1977 of this title;
title 16 section 973a.

-FOOTNOTE-


(!1) So in original. Probably should be followed by "or".


-End-



-CITE-
22 USC Sec. 1973 01/19/04

-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN
TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-
Sec. 1973. Reimbursement of owner for any direct charges paid to
secure release of vessel and crew

-STATUTE-
(a) Reimbursement by Secretary of State; "other direct charge"
defined; source of reimbursement
In any case where a vessel of the United States is seized by a
foreign country under the conditions of section 1972 of this title
and a fine, license fee, registration fee, or any other direct
charge must be paid in order to secure the prompt release of the
vessel and crew, the owners of the vessel shall be reimbursed by
the Secretary of State in the amount determined and certified by
him as being the amount of the fine, license fee, registration fee,
or any other direct charge actually paid. For purposes of this
section, the term "other direct charge" means any levy, however
characterized or computed (including, but not limited to, any
computation based on the value of a vessel or the value of fish or
other property on board a vessel), which is imposed in addition to
any fine, license fee, or registration fee. Any reimbursement under
this section shall be made from the Fishermen's Protective Fund
established pursuant to section 1979 of this title.
(b) Determination and certification of charges by Secretary of
State; reimbursement as lien on vessel; termination of lien
The Secretary of State shall make a determination and
certification under subsection (a) of this section as soon as
possible after he is notified pursuant to section 1972(b) of this
title of the amounts of the fines, fees, and other direct charges
which were paid by the owners to secure the release of their vessel
and crew. The amount of reimbursement made by the Secretary of
State to the owners of any vessel under subsection (a) of this
section shall constitute a lien on the vessel which may be
recovered in proceedings by libel in rem in the district court of
the United States for any district within which the vessel may be.
Any such lien shall terminate on the ninetieth day after the date
on which the Secretary of State reimburses the owners under this
section unless before such ninetieth day the United States
initiates action to enforce the lien.

-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 3, 68 Stat. 883; Pub. L. 90-482,
Sec. 2, Aug. 12, 1968, 82 Stat. 730; Pub. L. 92-569, Sec. 2, Oct.
26, 1972, 86 Stat. 1182; Pub. L. 94-265, title IV, Sec. 403(a)(2),
Apr. 13, 1976, 90 Stat. 360; Pub. L. 98-364, title III, Sec.
302(a), July 17, 1984, 98 Stat. 444.)


-MISC1-
AMENDMENTS
1984 - Subsec. (a). Pub. L. 98-364, Sec. 302(a)(1), substituted
"Secretary of State in the amount determined and certified by him"
for "Secretary of the Treasury in the amount certified to him by
the Secretary of State".
Subsec. (b). Pub. L. 98-364, Sec. 302(a)(2), inserted
"determination and" before "certification" in first sentence, and
substituted "State" for "the Treasury" in second and third
sentences.
1976 - Subsec. (a). Pub. L. 94-265 inserted definition of "other
direct charge".
1972 - Pub. L. 92-569 designated existing provisions as subsec.
(a), inserted provision that reimbursement under this section shall
be made from the Fishermen's Protective Fund, and added subsec.
(b).
1968 - Pub. L. 90-482 inserted ", license fee, registration fee,
or any other direct charge" after "fine" wherever appearing.

EFFECTIVE DATE OF 1976 AMENDMENT
Section 403(b) of Pub. L. 94-265 provided in part that the
amendment made by section 403(a)(2) of Pub. L. 94-265 to this
section was to apply with respect to seizures of vessels of the
United States occurring on or after Dec. 31, 1974, prior to the
general amendment of title IV of Pub. L. 94-265 by Pub. L. 104-297.

EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-569 applicable with respect to seizure of
vessels of the United States occurring on or after Oct. 26, 1972,
except that reimbursements under this section may be made from the
fund established by section 1979 of this title with respect to
seizure of vessels occurring after Dec. 31, 1970 and before Oct.
26, 1972 if no reimbursement was made before Oct. 26, 1972, see
section 6 of Pub. L. 92-569, set out as a note under section 1972
of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1972, 1975, 1977, 1979 of
this title.

-End-



-CITE-
22 USC Sec. 1974 01/19/04

-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN
TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-
Sec. 1974. Inapplicability of chapter to certain seizures

-STATUTE-
The provisions of this chapter shall not apply with respect to a
seizure made by a country at war with the United States or a
seizure made in accordance with the provisions of any applicable
convention or treaty, if that treaty or convention was made with
advice and consent to (!1) the Senate and was in force and effect
for the United States and the seizing country at the time of the
seizure.


-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 4, 68 Stat. 883; Pub. L. 98-364,
title III, Sec. 303(b), July 17, 1984, 98 Stat. 444.)


-MISC1-
AMENDMENTS
1984 - Pub. L. 98-364 substituted "any applicable convention or
treaty, if that treaty or convention was made with advice and
consent to the Senate and was in force and effect for the United
States and the seizing country at the time of the seizure" for "any
fishery convention or treaty to which the United States is a
party".

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-364 applicable with respect to seizures
made after Apr. 1, 1983, by foreign countries of vessels of the
United States, see section 303(c) of Pub. L. 98-364, set out as a
note under section 1972 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 16 section 972c.

-FOOTNOTE-
(!1) So in original. Probably should be "of".


-End-



-CITE-
22 USC Sec. 1975 01/19/04

-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN
TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-
Sec. 1975. Claims for amounts expended because of seizure

-STATUTE-
(a) Action by Secretary
The Secretary of State shall -
(1) immediately notify a foreign country of -
(A) any reimbursement made by him under section 1973 of this
title as a result of the seizure of a vessel of the United
States by such country,
(B) any payment made pursuant to section 1977 of this title
in connection with such seizure, and

(2) take such action as he deems appropriate to make and
collect claims against such foreign country for the amounts so
reimbursed and payments so made.
(b) Withholding amount of unpaid claim from foreign assistance
funds
If a foreign country fails or refuses to make payment in full on
any claim made under subsection (a)(2) of this section within one
hundred and twenty days after the date on which such country is
notified pursuant to subsection (a)(1) of this section, the
Secretary of State shall transfer an amount equal to such unpaid
claim or unpaid portion thereof from any funds appropriated by
Congress and programed for the current fiscal year for assistance
to the government of such country under the Foreign Assistance Act
of 1961 [22 U.S.C. 2151 et seq.] unless the President certifies to
the Congress that it is in the national interest not to do so in
the particular instance (and if such funds are insufficient to
cover such claim, transfer shall be made from any funds so
appropriated and programed for the next and any succeeding fiscal
year) to (1) the Fishermen's Protective Fund established pursuant
to section 1979 of this title if the amount is transferred with
respect to an unpaid claim for a reimbursement made under section
1973 of this title, or (2) the separate account established in the
Treasury of the United States pursuant to section 1977(c) of this
title if the amount is transferred with respect to an unpaid claim
for a payment made under section 1977(a) of this title. Amounts
transferred under this section shall not constitute satisfaction of
any such claim of the United States against such foreign country.

-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 5, 68 Stat. 883; Pub. L. 90-482,
Sec. 3, Aug. 12, 1968, 82 Stat. 730; Pub. L. 92-569, Sec. 3, Oct.
26, 1972, 86 Stat. 1182; Pub. L. 98-364, title III, Sec. 302(b),
July 17, 1984, 98 Stat. 444.)

-REFTEXT-
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in subsec. (b),
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which
is classified principally to chapter 32 (Sec. 2151 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and
Tables.


-MISC1-
AMENDMENTS
1984 - Subsec. (a)(1)(A). Pub. L. 98-364 substituted "him" for
"the Secretary of the Treasury".
1972 - Pub. L. 92-569 substituted provisions that the Secretary
of State notify the foreign country of reimbursements made under
section 1973 of this title and payments made under section 1977 of
this title, take appropriate action to make and collect claims
against such foreign country and on failure to receive payment or
on refusal to pay within 120 days after the notification, transfer
an amount equal to the unpaid amount from funds programmed for
assistance to that country to the Fishermen's Protective Fund or
the separate account in the Treasury as the case may be, and in the
case of inadequate funds programmed in the current fiscal year make
the deduction from succeeding fiscal years, with exception that no
such transfer be made when the President certifies to Congress that
it is in the national interest not to do so, for provisions that
the Secretary of State take appropriate action to collect claims
against such foreign country and withhold amounts equal to the
unpaid claims from the foreign assistance programmed for that
fiscal year when such country fails or refuses to pay within 120
days of receipt of notice of claim.
1968 - Pub. L. 90-482 inserted provisions authorizing the
Secretary to act when payments are made pursuant to section 1977 of
this title, and provisions authorizing the Secretary to withhold
the amount of any unpaid claim against the foreign country from the
foreign assistance funds programed for that country, such amounts
withheld not to constitute satisfaction of any unpaid claim.

EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-569 applicable with respect to seizures
of vessels of the United States occurring on or after Oct. 26,
1972, see section 6 of Pub. L. 92-569, set out as a note under
section 1972 of this title.


-EXEC-
EX. ORD. NO. 11772. DELEGATION OF CERTAIN AUTHORITY OF PRESIDENT TO
SECRETARY OF STATE
Ex. Ord. No. 11772, Mar. 21, 1974, 39 F.R. 10879, provided:
By virtue of the authority vested in me by the Fishermen's
Protective Act of 1967, as amended (22 U.S.C. 1971, et seq.), and
Section 301 of Title 3 of the United States Code, and as President
of the United States of America, the Secretary of State is hereby
designated and empowered to exercise, without ratification, or
other action of the President, the function conferred upon the
President by Section 5(b) of the Fishermen's Protective Act of
1967, as amended [22 U.S.C. 1975(b)], of certifying to the Congress
that it is in the national interest not to transfer to the
Fishermen's Protective Fund or to the separate account established
under the Act, pursuant to that Section, amounts appropriated by
the Congress and programmed for assistance under the Foreign
Assistance Act of 1961 [22 U.S.C. 2151 et seq.].
Richard Nixon.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1977, 1979 of this title;
title 48 section 1904.

-End-



-CITE-
22 USC Sec. 1976 01/19/04

-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN
TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-
Sec. 1976. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated such amounts as may be
necessary to carry out the provisions of this chapter.

-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 6, 68 Stat. 883.)

-End-



-CITE-
22 USC Sec. 1977 01/19/04

-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN
TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-
Sec. 1977. Reimbursement for seized commercial fishermen

-STATUTE-
(a) Agreement to reimburse for actual costs, confiscation or
spoilage of fish, and loss of income
The Secretary, upon receipt of an application filed with him at
any time after the effective date of this section by the owner of
any vessel of the United States which is documented or certificated
as a commercial fishing vessel, shall enter into an agreement with
such owner subject to the provision of this section and such other
terms and conditions as the Secretary deems appropriate. Such
agreement shall provide that, if said vessel is seized by a foreign
country and detained under the conditions of section 1972 of this
title, the Secretary shall guarantee -
(1) the owner of such vessel for all actual costs, except those
covered by section 1973 of this title, incurred by the owner
during the seizure and detention period and as a direct result
thereof, as determined by the Secretary, resulting (A) from any
damage to, or destruction of, such vessel, or its fishing gear or
other equipment, (B) from the loss or confiscation of such
vessel, gear, or equipment, or (C) from dockage fees or
utilities;
(2) the owner of such vessel and its crew for the market value
of fish caught before seizure of such vessel and confiscated or
spoiled during the period of detention; and
(3) the owner of such vessel and its crew for not to exceed 50
per centum of the gross income lost as a direct result of such
seizure and detention, as determined by the Secretary of State,
based on the value of the average catch per day's fishing during
the three most recent calendar years immediately preceding such
seizure and detention of the vessel seized, or, if such
experience is not available, then of all commercial fishing
vessels of the United States engaged in the same fishery as that
of the type and size of the seized vessel.
(b) Distribution of payments according to commercial fishing
practices and procedures
Payments made by the Secretary under paragraphs (2) and (3) of
subsection (a) of this section shall be distributed by the
Secretary in accordance with the usual practices and procedures of
the particular segment of the United States commercial fishing
industry to which the seized vessel belongs relative to the sale of
fish caught and the distribution of the proceeds of such sale.
(c) Establishment of fees; amount of fees; credit of fees to
separate Treasury account; payment from collected fees;
authorization of appropriations
The Secretary shall from time to time establish by regulation
fees which shall be paid by the owners of vessels entering into
agreements under this section. Such fees shall be adequate (1) to
recover the costs of administering this section, and (2) to cover a
reasonable portion of any payments made by the Secretary under this
section. All fees collected by the Secretary shall be credited to a
separate account established in the Treasury of the United States
which shall remain available without fiscal year limitation to
carry out the provisions of this section. Those fees not currently
needed for payments under this section shall be kept on deposit or
invested in obligations of, or guaranteed by, the United States and
all revenues accruing from such deposits or investments shall be
credited to such separate account. If a transfer of funds is made
to the separate account under section 1975(b)(2) of this title with
respect to an unpaid claim and such claim is later paid, the amount
so paid shall be covered into the Treasury as miscellaneous
receipts. All payments under this section shall be made first out
of such fees so long as they are available and thereafter out of
funds which are hereby authorized to be appropriated to such
account to carry out the provisions of this section.
(d) Finality of determinations; insured losses
All determinations made under this section shall be final. No
payment under this section shall be made with respect to any losses
covered by any policy of insurance or other provision of law.
(e) Effective date
The provisions of this section shall be effective until October
1, 2003; except that payments may be made under this section only
to such extent and in such amounts as are provided in advance in
appropriation Acts.
(f) Definitions
For the purposes of this section -
(1) the term "Secretary" means the Secretary of State.
(2) the term "owner" includes any charterer of a commercial
fishing vessel.

-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 7, as added Pub. L. 90-482, Sec. 1,
Aug. 12, 1968, 82 Stat. 729; amended Pub. L. 92-569, Sec. 4, Oct.
26, 1972, 86 Stat. 1183; Pub. L. 92-594, Secs. 1, 2, Oct. 27, 1972,
86 Stat. 1313; Pub. L. 94-273, Sec. 3(17), Apr. 21, 1976, 90 Stat.
377; Pub. L. 95-194, Sec. 1, Nov. 18, 1977, 91 Stat. 1413; Pub. L.
95-376, Sec. 1, Sept. 18, 1978, 92 Stat. 714; Pub. L. 97-68, Sec.
1, Oct. 26, 1981, 95 Stat. 1040; Pub. L. 98-364, title III, Sec.
301, July 17, 1984, 98 Stat. 444; Pub. L. 99-659, title IV, Sec.
408, Nov. 14, 1986, 100 Stat. 3740; Pub. L. 100-151, Sec. 1, Nov.
3, 1987, 101 Stat. 884; Pub. L. 100-350, Sec. 2, June 27, 1988, 102
Stat. 660; Pub. L. 101-627, title III, Sec. 301, Nov. 28, 1990, 104
Stat. 4462; Pub. L. 104-43, title IV, Sec. 403, Nov. 3, 1995, 109
Stat. 390; Pub. L. 106-450, title I, Sec. 102, Nov. 7, 2000, 114
Stat. 1941; Pub. L. 107-228, div. A, title II, Sec. 209, Sept. 30,
2002, 116 Stat. 1365.)


-MISC1-
AMENDMENTS
2002 - Subsec. (a)(3). Pub. L. 107-228 substituted "Secretary of
State" for "Secretary of Commerce".
2000 - Subsec. (a)(3). Pub. L. 106-450, Sec. 102(b), substituted
"Secretary of Commerce" for "Secretary of the Interior".
Subsec. (e). Pub. L. 106-450, Sec. 102(a), substituted "2003" for
"2000".
1995 - Subsec. (c). Pub. L. 104-43, Sec. 403(a), struck out after
second sentence "The amount fixed by the Secretary shall be
predicated upon at least 33 1/3 per centum of the contribution by
the Government."
Subsec. (e). Pub. L. 104-43, Sec. 403(b), substituted "October 1,
2000" for "October 1, 1993".
1990 - Subsec. (e). Pub. L. 101-627 substituted "October 1, 1993"
for "October 1, 1989".
1988 - Subsec. (e). Pub. L. 100-350 substituted "October 1, 1989"
for "October 1, 1988".
1987 - Subsec. (e). Pub. L. 100-151 substituted "October 1, 1988"
for "October 1, 1987".
1986 - Subsec. (f)(1). Pub. L. 99-659 substituted "Secretary of
State" for "Secretary of Commerce".
1984 - Subsec. (e). Pub. L. 98-364 substituted "October 1, 1987"
for "October 1, 1984".
1981 - Subsec. (c). Pub. L. 97-68, Sec. 1(1), inserted provision
that fees not currently needed for payments under this section be
kept on deposit or invested in obligations of, or guaranteed by,
the United States and that all revenues accruing from such deposits
or investments be credited to the separate account established in
the Treasury of the United States to carry out the provisions of
this section.
Subsec. (e). Pub. L. 97-68, Sec. 1(2), substituted "October 1,
1984" for "October 1, 1981".
1978 - Subsec. (e). Pub. L. 95-376 substituted "October 1, 1981;
except that payments may be made under this section only to such
extent and in such amounts as are provided in advance in
appropriation Acts" for "October 1, 1978".
1977 - Subsec. (e). Pub. L. 95-194 substituted "October 1, 1978"
for "October 1, 1977".
1976 - Subsec. (e). Pub. L. 94-273 substituted "October" for
"July".
1972 - Subsec. (c). Pub. L. 92-569 inserted provision that
amounts paid subsequent to transfer to the separate account be
covered into the Treasury as miscellaneous receipts.
Subsec. (e). Pub. L. 92-594, Sec. 1, extended provisions of this
section until July 1, 1977, and struck out provisions relating to
issuance of regulations.
Subsec. (f)(1). Pub. L. 92-594, Sec. 2, substituted "Secretary of
Commerce" for "Secretary of the Interior".

EFFECTIVE DATE OF 1986 AMENDMENT
Section 408 of Pub. L. 99-659 provided that the amendment made by
that section is effective Oct. 1, 1986.

EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-569 applicable with respect to seizure of
vessels of the United States occurring on or after Oct. 26, 1972,
see section 6 of Pub. L. 92-569, set out as a note under section
1972 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1975 of this title.

-End-



-CITE-
22 USC Sec. 1978 01/19/04

-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN
TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-
Sec. 1978. Restriction on importation of fishery or wildlife
products from countries which violate international fishery or
endangered or threatened species programs

-STATUTE-
(a) Certification to President
(1) When the Secretary of Commerce determines that nationals of a
foreign country, directly or indirectly, are conducting fishing
operations in a manner or under circumstances which diminish the
effectiveness of an international fishery conservation program, the
Secretary of Commerce shall certify such fact to the President.
(2) When the Secretary of Commerce or the Secretary of the
Interior finds that nationals of a foreign country, directly or
indirectly, are engaging in trade or taking which diminishes the
effectiveness of any international program for endangered or
threatened species, the Secretary making such finding shall certify
such fact to the President.
(3) In administering this subsection, the Secretary of Commerce
or the Secretary of the Interior, as appropriate, shall -
(A) periodically monitor the activities of foreign nationals
that may affect the international programs referred to in
paragraphs (1) and (2);
(B) promptly investigate any activity by foreign nationals
that, in the opinion of the Secretary, may be cause for
certification under paragraph (1) or (2); and
(C) promptly conclude; and reach a decision with respect to;
any investigation commenced under subparagraph (B).

(4) Upon receipt of any certification made under paragraph (1) or
(2), the President may direct the Secretary of the Treasury to
prohibit the bringing or the importation into the United States of
any products from the offending country for any duration as the
President determines appropriate and to the extent that such
prohibition is sanctioned by the World Trade Organization (as
defined in section 3501(8) of title 19) or the multilateral trade
agreements (as defined in section 3501(4) of title 19).
(b) Notification to Congress
Within sixty days following certification by the Secretary of
Commerce or the Secretary of the Interior, the President shall
notify the Congress of any action taken by him pursuant to such
certification. In the event the President fails to direct the
Secretary of the Treasury to prohibit the importation of fish
products or wildlife products of the offending country, or if such
prohibition does not cover all fish products or wildlife products
of the offending country, the President shall inform the Congress
of the reasons therefor.
(c) Importation of fish products from offending country prohibited
It shall be unlawful for any person subject to the jurisdiction
of the United States knowingly to bring or import into, or cause to
be imported into, the United States any products prohibited by the
Secretary of the Treasury pursuant to this section.
(d) Periodic review by Secretary of Commerce or Secretary of the
Interior; termination of certification; notice
After making a certification to the President under subsection
(a) of this section, the Secretary of Commerce or the Secretary of
the Interior, as the case may be, shall periodically review the
activities of the nationals of the offending country to determine
if the reasons for which the certification was made no longer
prevail. Upon determining that such reasons no longer prevail, the
Secretary concerned shall terminate the certification and publish
notice thereof, together with a statement of the facts on which
such determination is based, in the Federal Register.
(e) Penalties; forfeiture; customs laws
(1) Any person violating the provisions of this section shall be
fined not more than $10,000 for the first violation, and not more
than $25,000 for each subsequent violation.
(2) All products brought or imported into the United States in
violation of this section, or the monetary value thereof, may be
forfeited.
(3) All provisions of law relating to the seizure, judicial
forfeiture, and condemnation of a cargo for violation of the
customs laws, the disposition of such cargo or the proceeds from
the sale thereof, and the remission or mitigation of such
forfeitures shall apply to seizures and forfeitures incurred, or
alleged to have been incurred, under the provisions of this
section, insofar as such provisions of law are applicable and not
inconsistent with this section.
(f) Enforcement
(1) Enforcement of the provisions of this section prohibiting the
bringing or importation of products into the United States shall be
the responsibility of the Secretary of the Treasury.
(2) The judges of the United States district courts, and United
States magistrate judges may, within their respective
jurisdictions, upon proper oath or affirmation showing probable
cause, issue such warrants or other process as may be required for
enforcement of this chapter and regulations issued thereunder.
(3) Any person authorized to carry out enforcement activities
hereunder shall have the power to execute any warrant or process
issued by any officer or court of competent jurisdiction for the
enforcement of this section.
(4) Such person so authorized shall have the power -
(A) with or without a warrant or other process, to arrest any
persons subject to the jurisdiction of the United States
committing in his presence or view a violation of this section or
the regulations issued thereunder;
(B) with or without a warrant or other process, to search any
vessel or other conveyance subject to the jurisdiction of the
United States, and, if as a result of such search he has
reasonable cause to believe that such vessel or other conveyance
or any person on board is engaging in operations in violation of
this section or the regulations issued thereunder, then to arrest
such person.

(5) Such person so authorized, may seize, whenever and wherever
lawfully found, all products brought or imported into the United
States in violation of this section or the regulations issued
thereunder. Products so seized may be disposed of pursuant to the
order of a court of competent jurisdiction, or, if perishable, in a
manner prescribed by regulations promulgated by the Secretary of
the Treasury after consultation with the Secretary of Health and
Human Services.
(g) Regulations
The Secretary of the Treasury, the Secretary of Commerce, and the
Secretary of the Interior are each authorized to prescribe such
regulations as he determines necessary to carry out the provisions
of this section.
(h) Definitions
As used in this section -
(1) The term "person" means any individual, partnership,
corporation, or association.
(2) The term "United States" means the several States, the
District of Columbia, Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, and every other
territory and possession of the United States.
(3) The term "international fishery conservation program" means
any ban, restriction, regulation, or other measure in effect
pursuant to a bilateral or multilateral agreement which is in
force with respect to the United States, the purpose of which is
to conserve or protect the living resources of the sea, including
marine mammals.
(4) The term "international program for endangered or
threatened species" means any ban, restriction, regulation, or
other measure in effect pursuant to a multilateral agreement (continued)