§ 1977. — Reimbursement for seized commercial fishermen.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1977]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25--PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL
WATERS OF FOREIGN COUNTRIES
Sec. 1977. Reimbursement for seized commercial fishermen
(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.
(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.)
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.
Section Referred to in Other Sections
This section is referred to in section 1975 of this title.
