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(continued) ilateral agreement
which is in force with respect to the United States, the purpose
of which is to protect endangered or threatened species of
animals.
(5) The term "taking", as used with respect to animals to which
an international program for endangered or threatened species
applies, means to -
(A) harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect; or
(B) attempt to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect.
-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 8, as added Pub. L. 92-219, Dec. 23,
1971, 85 Stat. 786; amended Pub. L. 90-578, title IV, Sec.
402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95-376, Sec. 2,
Sept. 18, 1978, 92 Stat. 714; Pub. L. 96-61, Sec. 3(b), Aug. 15,
1979, 93 Stat. 408; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 100-711, Sec. 8, Nov. 23, 1988, 102
Stat. 4772; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104
Stat. 5117; Pub. L. 102-582, title II, Sec. 201, Nov. 2, 1992, 106
Stat. 4904; Pub. L. 106-36, title I, Sec. 1002(d), June 25, 1999,
113 Stat. 133.)
-REFTEXT-
REFERENCES IN TEXT
The customs laws, referred to in subsec. (e)(3), are classified
generally to Title 19, Customs Duties.
-MISC1-
AMENDMENTS
1999 - Subsec. (a)(4). Pub. L. 106-36 substituted "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)" for "General Agreement on Tariffs and Trade".
1992 - Subsec. (a)(4). Pub. L. 102-582, Sec. 201(a)(1),
substituted "any products from the offending country for any
duration" for "fish products (if the certification is made under
paragraph (1)) or wildlife products (if the certification is made
under paragraph (2)) from the offending country for such duration".
Subsecs. (c), (e)(2). Pub. L. 102-582, Sec. 201(a)(2), (3),
substituted "products" for "fish products or wildlife products".
Subsec. (f). Pub. L. 102-582, Sec. 201(a)(4), substituted
"products" for "fish products and wildlife products" in pars. (1)
and (5) and "Products" for "Fish products and wildlife products" in
par. (5).
Subsec. (h)(2). Pub. L. 102-582, Sec. 201(b)(1), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "The term
'United States', when used in a geographical sense, means the
continental United States, Alaska, Hawaii, Puerto Rico, and the
United States Virgin Islands."
Subsec. (h)(3). Pub. L. 102-582, Sec. 201(b)(2), inserted
"bilateral or" before "multilateral" and ", including marine
mammals" before period at end.
Subsec. (h)(4). Pub. L. 102-582, Sec. 201(b)(3), (4),
redesignated par. (5) as (4) and struck out former par. (4) which
read as follows: "The term 'fish products' means any aquatic
species (including marine mammals and plants) and all products
thereof exported from an offending country, whether or not taken by
fishing vessels of such country, or packed, processed, or otherwise
prepared for export in such country or within the jurisdiction
thereof."
Subsec. (h)(5). Pub. L. 102-582, Sec. 201(b)(5), amended par. (5)
generally. Prior to amendment, par. (5) read as follows: "The term
'taking' means -
"(A) for purposes of subsection (a)(2) of this section -
"(i) to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or
"(ii) to attempt to engage in any such conduct with respect
to,
animals to which an international program for endangered or
threatened species applies; and
"(B) for purposes of paragraph (6), any conduct described in
subparagraph (A)(i), whether or not such conduct is legal under
the laws of the offending country, undertaken with respect to any
wild animal."
Pub. L. 102-582, Sec. 201(b)(4), redesignated par. (7) as (5).
Former par. (5) redesignated (4).
Subsec. (h)(6). Pub. L. 102-582, Sec. 201(b)(3), struck out par.
(6) which read as follows: "The term 'wildlife products' means fish
(other than those to which paragraph (4) applies) and wild animals,
and parts (including eggs) thereof, taken within an offending
country and all products of any such fish and wild animals, or
parts thereof, whether or not such products are packed, processed,
or otherwise prepared for export in such country or within the
jurisdiction thereof. Such term does not include any wild animal or
fish if brought or imported into the United States for scientific
research."
Subsec. (h)(7). Pub. L. 102-582, Sec. 201(b)(4), redesignated
par. (7) as (5).
1988 - Subsec. (h)(4). Pub. L. 100-711 amended par. (4)
generally. Prior to amendment, par. (4) read as follows: "The term
'fish products' means fish and marine mammals and all products
thereof taken by fishing vessels of an offending country whether or
not packed, processed, or otherwise prepared for export in such
country or within the jurisdiction thereof."
1979 - Subsec. (a)(3), (4). Pub. L. 96-61, Sec. 3(b)(1), added
par. (3) and redesignated former par. (3) as (4).
Subsecs. (d) to (h). Pub. L. 96-61, Sec. 3(b)(2), (3), added
subsec. (d) and redesignated subsecs. (d) to (g) as (e) to (h),
respectively.
1978 - Subsec. (a). Pub. L. 95-376, Sec. 2(1), designated
existing provisions as par. (1), struck out a provision enabling
the President, upon receipt of certification, to direct the
Secretary of the Treasury to prohibit importation of fish products
of the offending country for as long as he determines appropriate
and to the extent such prohibition is sanctioned by the General
Agreement on Tariffs and Trade, and added pars. (2) and (3).
Subsec. (b). Pub. L. 95-376, Sec. 2(2), inserted "or the
Secretary of the Interior" after "Secretary of Commerce" and
inserted "or wildlife products" after "fish products" in two
places.
Subsec. (c). Pub. L. 95-376, Sec. 2(3), inserted "or wildlife
products" after "fish products".
Subsecs. (d)(2), (e)(1). Pub. L. 95-376, Sec. 2(4), (5)(A),
inserted "and wildlife products" after "fish products".
Subsec. (e)(4)(B). Pub. L. 95-376, Sec. 2(5)(B), inserted "or
other conveyance" after "vessel" wherever appearing.
Subsec. (e)(5). Pub. L. 95-376, Sec. 2(5)(A), (C), inserted "and
wildlife products" after "all fish products", and substituted "Fish
products and wildlife products" for "Any fish products".
Subsec. (f). Pub. L. 95-376, Sec. 2(6), inserted references to
the Secretary of Commerce and the Secretary of the Interior.
Subsec. (g)(3). Pub. L. 95-376, Sec. 2(7)(A), (B), substituted
"in effect" for "in force", and "which is in force with respect to
the United States" for "to which the United States is a signatory
party".
Subsec. (g)(5) to (7). Pub. L. 95-376, Sec. 2(7)(C), added pars.
(5) to (7).
-CHANGE-
CHANGE OF NAME
"United States magistrate judges" substituted for "United States
magistrates" in subsec. (f)(2) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure. Previously "United States magistrates"
substituted for "United States commissioners" pursuant to Pub. L.
90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsec. (f)(5)
pursuant to section 509(b) of Pub. L. 96-88, which is classified to
section 3508(b) of Title 20, Education.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 16 sections 1371, 1821,
1826, 1826a, 4242, 5301.
-End-
-CITE-
22 USC Sec. 1979 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. 1979. Fishermen's Protective Fund
-STATUTE-
There is created a Fishermen's Protective Fund which shall be
used by the Secretary of State to reimburse owners of vessels for
amounts determined and certified by him under section 1973 of this
title. The amount of any claim or portion thereof collected by the
Secretary of State from any foreign country pursuant to section
1975(a) of this title shall be deposited in the fund and shall be
available for the purpose of reimbursing vessel owners under
section 1973 of this title; except that if a transfer to the fund
was made pursuant to section 1975(b)(1) of this title with respect
to any such claim, an amount from the fund equal to the amount so
collected shall be covered into the Treasury as miscellaneous
receipts. There is authorized to be appropriated to the fund (1)
the sum of $3,000,000 to provide initial capital, and (2) such
additional sums as may be necessary from time to time to supplement
the fund in order to meet the requirements of the fund.
-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 9, as added Pub. L. 92-569, Sec. 5,
Oct. 26, 1972, 86 Stat. 1183; amended Pub. L. 98-364, title III,
Sec. 302(c), July 17, 1984, 98 Stat. 444.)
-MISC1-
AMENDMENTS
1984 - Pub. L. 98-364 substituted "Secretary of State" for
"Secretary of the Treasury" and "determined and certified by him"
for "certified to him by the Secretary of State".
EFFECTIVE DATE
Section applicable with respect to seizure of vessels of the
United States occurring on or after Oct. 26, 1972, except that
reimbursements under section 1973 of this title may be made from
the fund established by this section 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 an Effective Date of 1972 Amendment note
under section 1972 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1973, 1975, 1980, 1980a
of this title.
-End-
-CITE-
22 USC Sec. 1980 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. 1980. Compensation for loss or destruction of commercial
fishing vessel or gear
-STATUTE-
(a) Definitions
For purposes of this section -
(1) The terms "fishery", "fishery conservation zone",
"fishing", "fishing vessel", "Secretary", and "vessel of the
United States" shall each have the same respective meaning as is
given to such terms in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).(!1)
(2) The term "fishing gear" means any equipment or appurtenance
which is necessary for the carrying out of fishing operations by
a fishing vessel, whether or not such equipment or appurtenance
is attached to such vessel.
(3) The term "fund" means the Fishing Vessel and Gear Damage
Compensation Fund established under subsection (f) of this
section.
(4) The term "resulting economic loss" means the gross income,
as estimated by the Secretary, that a fishing vessel owner or
operator who is eligible for compensation under this section for
damage to, loss of, or destruction of, a fishing vessel or the
fishing gear used with such vessel will lose by reason of not
being able to engage in fishing, or having to reduce his fishing
effort, during the period before the vessel or gear, or both, are
repaired or replaced and available for use.
(b) Causes of loss or destruction
Subject to the provisions of this section, the owner or operator
(hereinafter referred to as the "vessel owner") of any fishing
vessel which is a vessel of the United States is eligible for
monetary compensation under this section for any damage to, loss
of, or destruction of such vessel, or any fishing gear used with
such vessel, or both, and for any resulting economic loss, if the
damage, loss, or destruction -
(1) in the case of such vessel -
(A) occurs when such vessel is engaged in any fishery subject
to the exclusive fishery management authority of the United
States under the Magnuson-Stevens Fishery Conservation and
Management Act [16 U.S.C. 1801 et seq.], and
(B) is attributable to any vessel (or its crew or fishing
gear) other than a vessel of the United States; or
(2) in the case of such fishing gear -
(A) occurs when such fishing gear is being used for fishing
in any fishery subject to such exclusive management authority,
and
(B) is attributable to any other vessel, whether or not such
vessel is a vessel of the United States.
For purposes of subparagraph (B), there shall be a rebuttable
presumption that any damage, loss, or destruction of fishing gear
is attributable to another vessel.
(c) Eligibility for compensation
A vessel owner is not eligible for compensation under this
section with respect to fishing vessel or fishing gear damage,
loss, or destruction and resulting economic loss unless such owner
-
(1) makes application to the Secretary for compensation under
this section within 90 days after the day on which the damage,
loss, or destruction occurred or was first noticed by the owner;
(2) pays upon making such application a reasonable
administrative fee which the Secretary shall deposit into the
fund;
(3) has, in such form as the Secretary shall prescribe by
regulation, a current inventory or other evidence of possession
of the fishery vessel or fishing gear concerned;
(4) has complied with all applicable regulations, if any,
relating to the marking of, and (if appropriate) the notification
of the location of, the fishing gear concerned; and
(5) is in compliance with such other regulations as may be
prescribed by the Secretary to carry out this section.
(d) Application for compensation; initial determination of
eligibility; amount of compensation; review of initial
determination; subrogation of United States upon payment
(1) Application for compensation under this section shall be made
in such form and manner, and include such documentation and other
evidence relating to the cause and extent of the damage, loss, or
destruction, and resulting economic loss, claimed, as the Secretary
shall prescribe by regulation. The Secretary shall promptly, but
not later than sixty days after receipt of an application,
consider, and issue an initial determination with respect to, the
application.
(2) The amount of compensation awarded to any vessel owner under
this section shall be -
(A) the depreciated replacement cost, or the repair cost,
whichever cost is less, of the fishing vessel or the fishing gear
concerned; and
(B) 25 percent of any resulting economic loss.
Any amount determined pursuant to subparagraph (A) or (B) shall be
reduced to the extent that evidence indicates that negligence by
the vessel owner or operator contributed to the cause or the extent
of the damage, loss, or destruction and shall be further reduced by
the amount of compensation, if any, that the vessel owner or
operator has received or will receive with respect to the damage,
loss, destruction, or resulting economic loss through insurance,
pursuant to any other provision of law, or otherwise.
(3) The initial determination made by the Secretary under
paragraph (1) with respect to any application shall -
(A) if the application is disapproved, set forth the reasons
therefor; or
(B) if the application is approved, set forth the amount of
compensation to which the applicant is entitled and the basis on
which such amount was determined.
(4) Any vessel owner who is aggrieved by any decision of the
Secretary contained in the initial determination of the Secretary
regarding such owner's application may, within thirty days after
the date of issue of the initial determination, petition the
Secretary for a review of the decision. If petition for review is
not made to the Secretary within such thirty-day period regarding
the initial determination, the initial determination shall be
deemed to be the final determination on the application. Before
undertaking any such review, the Secretary shall provide to the
vessel owner opportunity to submit additional written or oral
evidence relating to the decision. After review the Secretary shall
issue a final determination with respect to the application.
(5) If compensation is awarded under the final determination on
any application, the Secretary shall promptly pay from the fund to
such owner the amount of compensation stated in the final
determination. Upon the acceptance of such payment by the vessel
owner, the United States shall be subrogated to all rights of the
vessel owner with respect to which the payment is made.
(e) Surcharge on foreign fishing vessels
In addition to any fee imposed under section 204(b)(10) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1824(b)(10)) with respect to any foreign fishing vessel for any
year after 1978, the Secretary shall impose a surcharge in an
amount not to exceed 20 percent of the amount of the fee imposed
under such section for such year. The failure to pay any surcharge
imposed under this subsection with respect to any foreign fishing
vessel shall be treated by the Secretary as a failure to pay the
fee for such vessel under such section 204(b)(10).
(f) Fishing Vessel and Gear Damage Compensation Fund; requirements,
etc.
(1) There is established in the Treasury of the United States the
Fishing Vessel and Gear Damage Compensation Fund. The fund shall be
available without fiscal year limitation as a revolving fund for
the purposes of administering, and paying compensation awarded
under, this section.
(2) The fund shall consist of -
(A) all sums recovered by the United States in the exercise of
rights subrogated to it under subsection (d)(5) of this section;
(B) all administrative fees collected under subsection (c)(2)
of this section;
(C) all surcharges collected under subsection (e) of this
section;
(D) revenues received from deposits or investments made under
the last sentence of this paragraph; and
(E) any revenue acquired through the issuance of obligations
under paragraph (3).
Sums may be expended from the fund only to such extent and in such
amounts as are provided in advance in appropriation Acts. Sums in
the fund which are not currently needed for the purpose of paying
such awards shall be kept on deposit or invested in obligations of,
or guaranteed by, the United States.
(3) Whenever the amount in the fund is not sufficient to pay
compensation under this section, the Secretary may issue, in an
amount not to exceed $5,000,000, notes or other obligations to the
Secretary of the Treasury, in such forms and denominations, bearing
such maturities, and subject to such terms and conditions as the
Secretary of the Treasury may prescribe. Such notices (!2) or other
obligations shall bear interest at a rate to be determined by the
Secretary of the Treasury on the basis of the current average
market yield on outstanding marketable obligations of the United
States of comparable maturities during the month preceding the
issuance of such notices (!2) or other obligations. Moneys obtained
by the Secretary under this paragraph shall be deposited in the
fund and redemptions of any such notices (!2) or other obligations
shall be made from the fund. The Secretary of the Treasury shall
purchase any such notes or other obligations, and for such purpose
he may use as a public debt transaction the proceeds from the sale
of any securities issued under chapter 31 of title 31. The
Secretary of the Treasury may sell any such notices (!2) or other
obligations at such times and prices and upon such terms and
conditions as he shall determine. All purchases, redemptions, and
sales of such notes or other obligations by the Secretary of the
Treasury shall be treated as public debt transactions of the United
States. All borrowing authority contained herein shall be effective
only to such extent or in such amounts as are provided in advance
in appropriation Acts.
(g) Penalty for false or misleading statements
Any person who willfully makes any false or misleading statement
or representation for the purpose of obtaining compensation under
this section is guilty of a criminal offense and, upon conviction
thereof, shall be punished by a fine of not more than $25,000, or
by imprisonment for not more than one year, or both.
-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 10, as added Pub. L. 95-194, Sec. 2,
Nov. 18, 1977, 91 Stat. 1413; amended Pub. L. 95-376, Sec. 3(a),
Sept. 18, 1978, 92 Stat. 715; Pub. L. 96-289, Sec. 4(b), June 28,
1980, 94 Stat. 606; Pub. L. 96-561, title II, Secs. 238(b), 241,
Dec. 22, 1980, 94 Stat. 3300, 3301; 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 3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802), referred to in subsec. (a)(1),
contained a prior par. (8) defining "fishery conservation zone"
which was repealed and a new par. defining "exclusive economic
zone" was added by Pub. L. 99-659, title I, Sec. 101(a), Nov. 14,
1986, 100 Stat. 3706.
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (b)(1)(A), is Pub. L. 94-265, Apr. 13, 1976,
90 Stat. 331, as amended, which is classified principally to
chapter 38 (Sec. 1801 et seq.) 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.
-COD-
CODIFICATION
In subsec. (f)(3), "chapter 31 of title 31" substituted for "the
Second Liberty Bond Act" on authority of Pub. L. 97-258, Sec. 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
-MISC1-
AMENDMENTS
1996 - Subsecs. (a)(1), (b)(1)(A), (e). Pub. L. 104-208
substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery".
1980 - Subsec. (a)(1). Pub. L. 96-561, Sec. 238(b), substituted
"Magnuson Fishery Conservation and Management Act" for "Fishery
Conservation and Management Act of 1976".
Subsec. (a)(4). Pub. L. 96-561, Sec. 241(1), added par. (4).
Subsec. (b). Pub. L. 96-561, Secs. 238(b), 241(2), inserted in
provision preceding par. (1) "and for any resulting economic loss"
after "or both," substituted "Magnuson Fishery Conservation and
Management Act" for "Fishery Conservation and Management Act of
1976", struck out provision in par. (2)(B) permitting compensation
in the case of fishing gear lost, damaged, or destroyed by an act
of God, and inserted provision following par. (2)(B) establishing
for purposes of subpar. (B) a rebuttable presumption that any
damage, loss, or destruction of fishing gear is attributable to
another vessel.
Subsec. (c). Pub. L. 96-561, Sec. 241(3), inserted in provision
preceding par. (1) "and resulting economic loss" after
"destruction".
Pub. L. 96-289 substituted "90" for "sixty" in par. (1).
Subsec. (d). Pub. L. 96-561, Sec. 241(4), inserted in par. (1) ",
and resulting economic loss," after "destruction" and in par. (2)
included within the amount of compensation awarded to any vessel
owner 25 percent of any resulting economic loss.
Subsec. (e). Pub. L. 96-561, Sec. 238(b), substituted "Magnuson
Fishery Conservation and Management Act" for "Fishery Conservation
and Management Act of 1976".
1978 - Subsec. (a). Pub. L. 95-376 substituted provisions
defining "fishery", "fishing conservation zone", "fishing",
"fishing vessel", "Secretary", "vessel of the United States",
"fishing gear" and "fund" for provisions authorizing the Secretary
to make a loan to an owner or operator whose commercial fishing
vessel or its fishing gear was lost, damaged or destroyed by any
vessel of a foreign nation.
Subsec. (b). Pub. L. 95-376 substituted provisions setting forth
the causes of the damage, loss, or destruction of the vessel or its
gear for which compensation is payable for provisions authorizing
the Secretary to conduct an investigation of each incident of loss,
damage or destruction for which the owner received a loan and
allowing for repayment or cancellation of such loan depending on
fault or nonfault of owner.
Subsec. (c). Pub. L. 95-376 substituted provisions setting forth
the administrative provisions for making a claim for compensation
for provisions directing the Secretary, with the assistance of the
Attorney General, the Secretary of State, and the claimant, to take
appropriate action to collect on any rights assigned to him, and
directing how any sums recovered shall be dispensed.
Subsec. (d). Pub. L. 95-376 substituted provisions setting forth
the form, manner and documentation of the application, the amount
of compensation payable, procedure for review of the initial
determination of eligibility and prompt payment upon finding of
such eligibility for provisions defining "Secretary" as the
"Secretary of Commerce".
Subsec. (e). Pub. L. 95-376 substituted provisions authorizing
the imposition of a maximum 20 per cent surcharge in addition to
any fee imposed under section 1824(b)(10) of title 16 for
provisions authorizing the Secretary to establish by regulation
fees to recover the cost of administering this section.
Subsecs. (f), (g). Pub. L. 95-376 added subsecs. (f) and (g).
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 3(b) of Pub. L. 95-376 provided that: "The amendment made
by subsection (a) [amending this section] shall take effect January
1, 1979."
SAVINGS PROVISION
Section 3(c) of Pub. L. 95-376 provided that: "Nothing in the
amendment made by subsection (a) [amending this section] shall be
construed as affecting in any manner or to any extent any loan made
under section 10 of the Fishermen's Protective Act of 1967 (as in
effect before January 1, 1979) [this section], and, for purposes of
the consideration by the Secretary of Commerce of any application
for a loan under such section which was filed, but not acted on,
before January 1, 1979, the amendment made by subsection (a) shall
not be deemed to have been enacted."
COMPENSATION FOR CERTAIN FISHING VESSEL AND GEAR DAMAGE;
APPLICATION
Section 240(a), (b)(1) of Pub. L. 96-561 provided that:
"(a) In General. - If -
"(1) any owner or operator of a fishing vessel who suffered,
after September 17, 1978, and before the date of the enactment of
this title [Dec. 22, 1980], damage to, or loss or destruction of,
such vessel or fishing gear used with such vessel, but did not
apply for compensation therefor under section 10 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1980) within the
60-day period prescribed in subsection (c)(1) of such section; or
"(2) any commercial fisherman who suffered, after September 17,
1978, and before the date of the enactment of this title, damages
compensable under title IV of the Outer Continental Shelf Lands
Act of 1978 (43 U.S.C. 1841 et seq.), but who did not timely file
a claim therefor within the 60-day period prescribed in section
405(a) of such Act [43 U.S.C. 1845(a)];
such owner or operator may make application for compensation with
respect to such damage, loss or destruction under such section 10
[this section], and such commercial fisherman may file a claim for,
compensation for such damages under such title IV [43 U.S.C. 1841
et seq.], to the Secretary of Commerce, within the 60-day period
beginning on the date of the enactment of this title [Dec. 22,
1980].
"(b) Special Provisions. - (1) Notwithstanding any other
provision of law -
"(A) any application or filing timely made under subsection (a)
shall be treated by the Secretary of Commerce as an application
timely made under such section 10(c)(1) [subsec. (c)(1) of this
section], or as a filing timely made under such section 405(a)
[43 U.S.C. 1845(a)], as the case may be, with respect to the
damage, loss, or destruction claimed; and
"(B) any claim for fishing gear loss that was pending on June
1, 1980, before the United States-Union of Soviet Socialist
Republics Fisheries Claims Board or the American-Spanish
Fisheries Board shall be treated by the Secretary of Commerce as
a timely application made, on the date of the enactment of this
title [Dec. 22, 1980], under such section 10(c)(1) [subsec.
(c)(1) of this section] for compensation for such loss."
TIMELY APPLICATIONS FOR COMPENSATION
Section 4(a) of Pub. L. 96-289 provided that: "Notwithstanding
the provisions of section 10(c)(1) of the Fishermens Protective Act
of 1967 (22 U.S.C. 1980) [subsec. (c)(1) of this section]
applications for compensation under such Act [this chapter], filed
within 90 days after the date of enactment of this subsection [June
28, 1980] shall be deemed to be timely filed."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 16 section 1821.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. Probably should be "notes".
-End-
-CITE-
22 USC Sec. 1980a 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. 1980a. Reimbursement of owner for fee paid to navigate foreign
waters if fee inconsistent with international law
-STATUTE-
(a) Reimbursable fees
In any case on or after June 15, 1994, in which a vessel of the
United States exercising its right of passage is charged a fee by
the government of a foreign country to engage in transit passage
between points in the United States (including a point in the
exclusive economic zone or in an area over which jurisdiction is in
dispute), and such fee is regarded by the United States as being
inconsistent with international law, the Secretary of State shall,
subject to the availability of appropriated funds, reimburse the
vessel owner for the amount of any such fee paid under protest.
(b) Documentation
In seeking such reimbursement, the vessel owner shall provide,
together with such other information as the Secretary of State may
require -
(1) a copy of the receipt for payment;
(2) an affidavit attesting that the owner or the owner's agent
paid the fee under protest; and
(3) a copy of the vessel's certificate of documentation.
(c) Timeliness
Requests for reimbursement shall be made to the Secretary of
State within 120 days after the date of payment of the fee, or
within 90 days after November 3, 1995, whichever is later.
(d) Funding; appropriations
Such funds as may be necessary to meet the requirements of this
section may be made available from the unobligated balance of
previously appropriated funds remaining in the Fishermen's
Protective Fund established under section 1979 of this title. To
the extent that requests for reimbursement under this section
exceed such funds, there are authorized to be appropriated such
sums as may be needed for reimbursements authorized under
subsection (a) of this section, which shall be deposited in the
Fishermen's Protective Fund established under section 1979 of this
title.
(e) Claim against foreign government
The Secretary of State shall take such action as the Secretary
deems appropriate to make and collect claims against the foreign
country imposing such fee for any amounts reimbursed under this
section.
(f) "Owner" defined
For purposes of this section, the term "owner" includes any
charterer of a vessel of the United States.
-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 11, as added Pub. L. 104-43, title
IV, Sec. 402(a), Nov. 3, 1995, 109 Stat. 389.)
-MISC1-
CONGRESSIONAL FINDINGS
Section 401 of Pub. L. 104-43 provided that: "The Congress finds
that -
"(1) customary international law and the United Nations
Convention on the Law of the Sea guarantee the right of passage,
including innocent passage, to vessels through the waters
commonly referred to as the 'Inside Passage' off the Pacific
Coast of Canada;
"(2) in 1994 Canada required all commercial fishing vessels of
the United States to pay 1,500 Canadian dollars to obtain a
'license which authorizes transit' through the Inside Passage;
"(3) this action was inconsistent with international law,
including the United Nations Convention on the Law of the Sea,
and, in particular, Article 26 of that Convention, which
specifically prohibits such fees, and threatened the safety of
United States commercial fishermen who sought to avoid the fee by
traveling in less protected waters;
"(4) the Fishermen's Protective Act of 1967 [22 U.S.C. 1971 et
seq.] provides for the reimbursement of vessel owners who are
forced to pay a license fee to secure the release of a vessel
which has been seized, but does not permit reimbursement of a fee
paid by the owner in advance in order to prevent a seizure;
"(5) Canada required that the license fee be paid in person in
2 ports on the Pacific Coast of Canada, or in advance by mail;
"(6) significant expense and delay was incurred by commercial
fishing vessels of the United States that had to travel from the
point of seizure back to one of those ports in order to pay the
license fee required by Canada, and the costs of that travel and
delay cannot be reimbursed under the Fishermen's Protective Act;
"(7) the Fishermen's Protective Act of 1967 should be amended
to permit vessel owners to be reimbursed for fees required by a
foreign government to be paid in advance in order to navigate in
the waters of that foreign country if the United States considers
that fee to be inconsistent with international law;
"(8) the Secretary of State should seek to recover from Canada
any amounts paid by the United States to reimburse vessel owners
who paid the transit license fee;
"(9) the United States should review its current policy with
respect to anchorage by commercial fishing vessels of Canada in
waters of the United States off Alaska, including waters in and
near the Dixon Entrance, and should accord such vessels the same
treatment that commercial fishing vessels of the United States
are accorded for anchorage in the waters of Canada off British
Columbia;
"(10) the President should ensure that, consistent with
international law, the United States Coast Guard has available
adequate resources in the Pacific Northwest and Alaska to provide
for the safety of United States citizens, the enforcement of
United States law, and to protect the rights of the United States
and keep the peace among vessels operating in disputed waters;
"(11) the President should continue to review all agreements
between the United States and Canada to identify other actions
that may be taken to convince Canada that any reinstatement of
the transit license fee would be against Canada's long-term
interests, and should immediately implement any actions which the
President deems appropriate if Canada reinstates the fee;
"(12) the President should continue to convey to Canada in the
strongest terms that the United States will not now, nor at any
time in the future, tolerate any action by Canada which would
impede or otherwise restrict the right of passage of vessels of
the United States in a manner inconsistent with international
law; and
"(13) the United States should continue its efforts to seek
expeditious agreement with Canada on appropriate fishery
conservation and management measures that can be implemented
through the Pacific Salmon Treaty to address issues of mutual
concern."
-End-
-CITE-
22 USC Sec. 1980b 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. 1980b. Sanctions for imposition of conditions on U.S. fishing
vessel found inconsistent with international law
-STATUTE-
(a) Certification
If the Secretary of State finds that the government of any nation
imposes conditions on the operation or transit of United States
fishing vessels which the United States regards as being
inconsistent with international law or an international agreement,
the Secretary of State shall certify that fact to the President.
(b) Sanctions
Upon receipt of a certification under subsection (a) of this
section, the President shall direct the heads of Federal agencies
to impose similar conditions on the operation or transit of fishing
vessels registered under the laws of the nation which has imposed
conditions on United States fishing vessels.
(c) "Fishing vessel" defined
For the purposes of this section, the term "fishing vessel" has
the meaning given that term in section 2101(11a) of title 46.
(d) Sanctions commensurate with conditions certified
It is the sense of the Congress that any action taken by any
Federal agency under subsection (b) of this section should be
commensurate with any conditions certified by the Secretary of
State under subsection (a) of this section.
-SOURCE-
(Aug. 27, 1954, ch. 1018, Sec. 12, as added Pub. L. 104-43, title
IV, Sec. 402(b), Nov. 3, 1995, 109 Stat. 390.)
-End-