§ 1980. — Compensation for loss or destruction of commercial fishing vessel or gear.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1980]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 25--PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL
WATERS OF FOREIGN COUNTRIES
Sec. 1980. Compensation for loss or destruction of commercial
fishing vessel or gear
(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\
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\1\ See References in Text note below.
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(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.
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\2\ So in original. Probably should be ``notes''.
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(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.
(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.)
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.
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.
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.''
Section Referred to in Other Sections
This section is referred to in title 16 section 1821.
