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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Browse Source 
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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2026-07-06 10:51:44 -04:00
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legal/us/code/title-22/chapter-25/section-1971.md
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---
type: "LegalText"
title: "22 U.S.C. § 1971"
description: "“Vessel of the United States” defined"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "25"
chapter_name: "PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL WATERS OF FOREIGN COUNTRIES"
section: "1971"
citation: "22 U.S.C. § 1971"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 22 U.S.C. § 1971 - “Vessel of the United States” defined
## Text
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) 11 See References in Text note below. of title 16), the vessel is commanded by other than a citizen of the United States.
(Aug. 27, 1954, ch. 1018, § 1, 68 Stat. 883; Pub. L. 95–541, § 14(a), Oct. 28, 1978, 92 Stat. 2057; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
## Notes
Editorial Notes
References in TextSection 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, § 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.
Amendments1996—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.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
Effective Date of 1980 AmendmentPub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.
Effective Date of 1978 AmendmentPub. L. 95–541, § 14(b), Oct. 28, 1978, 92 Stat. 2057, 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, § 107, Oct. 2, 1996, 110 Stat. 3042.
Short Title of 2000 AmendmentPub. L. 106–450, title I, § 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 TitlePub. L. 90–482, § 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’.”
legal/us/code/title-22/chapter-25/section-1972.md
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---
type: "LegalText"
title: "22 U.S.C. § 1972"
description: "Action by Secretary of State upon seizure of vessel by foreign country; preconditions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "25"
chapter_name: "PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL WATERS OF FOREIGN COUNTRIES"
section: "1972"
citation: "22 U.S.C. § 1972"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip"
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---
# 22 U.S.C. § 1972 - Action by Secretary of State upon seizure of vessel by foreign country; preconditions
## Text
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; 11 So in original. Probably should be followed by “or”.
(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.
(Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883; Pub. L. 92–569, § 1, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94–265, title IV, § 403(a)(1), Apr. 13, 1976, 90 Stat. 360; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 98–364, title III, § 303(a), July 17, 1984, 98 Stat. 444; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
## Notes
Editorial Notes
References in TextThe Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (2)(C), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331. Title I of the Act is classified generally to subchapter II (§ 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.
Amendments1996—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.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
Effective Date of 1984 AmendmentPub. L. 98–364, title III, § 303(c), July 17, 1984, 98 Stat. 445, 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 AmendmentPub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.
Effective Date of 1976 AmendmentPub. L. 94–265, title IV, § 403(b), Apr. 13, 1976, 90 Stat. 360, 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 AmendmentPub. L. 92–569, § 6, Oct. 26, 1972, 86 Stat. 1183, 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].”
legal/us/code/title-22/chapter-25/section-1973.md
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---
type: "LegalText"
title: "22 U.S.C. § 1973"
description: "Reimbursement of owner for any direct charges paid to secure release of vessel and crew"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "25"
chapter_name: "PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL WATERS OF FOREIGN COUNTRIES"
section: "1973"
citation: "22 U.S.C. § 1973"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip"
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tags: ["legal", "us-code"]
---
# 22 U.S.C. § 1973 - Reimbursement of owner for any direct charges paid to secure release of vessel and crew
## Text
(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.
(Aug. 27, 1954, ch. 1018, § 3, 68 Stat. 883; Pub. L. 90–482, § 2, Aug. 12, 1968, 82 Stat. 730; Pub. L. 92–569, § 2, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94–265, title IV, § 403(a)(2), Apr. 13, 1976, 90 Stat. 360; Pub. L. 98–364, title III, § 302(a), July 17, 1984, 98 Stat. 444.)
## Notes
Editorial Notes
Amendments1984—Subsec. (a). Pub. L. 98–364, § 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, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentPub. L. 94–265, title IV, § 403(b), Apr. 13, 1976, 90 Stat. 360, 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 AmendmentAmendment 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.
legal/us/code/title-22/chapter-25/section-1974.md
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---
type: "LegalText"
title: "22 U.S.C. § 1974"
description: "Inapplicability of chapter to certain seizures"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "25"
chapter_name: "PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL WATERS OF FOREIGN COUNTRIES"
section: "1974"
citation: "22 U.S.C. § 1974"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip"
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tags: ["legal", "us-code"]
---
# 22 U.S.C. § 1974 - Inapplicability of chapter to certain seizures
## Text
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 11 So in original. Probably should be “of”. the Senate and was in force and effect for the United States and the seizing country at the time of the seizure.
(Aug. 27, 1954, ch. 1018, § 4, 68 Stat. 883; Pub. L. 98–364, title III, § 303(b), July 17, 1984, 98 Stat. 444.)
## Notes
Editorial Notes
Amendments1984—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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment 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.
legal/us/code/title-22/chapter-25/section-1975.md
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---
type: "LegalText"
title: "22 U.S.C. § 1975"
description: "Claims for amounts expended because of seizure"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "25"
chapter_name: "PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL WATERS OF FOREIGN COUNTRIES"
section: "1975"
citation: "22 U.S.C. § 1975"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 22 U.S.C. § 1975 - Claims for amounts expended because of seizure
## Text
(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.
(Aug. 27, 1954, ch. 1018, § 5, 68 Stat. 883; Pub. L. 90–482, § 3, Aug. 12, 1968, 82 Stat. 730; Pub. L. 92–569, § 3, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 98–364, title III, § 302(b), July 17, 1984, 98 Stat. 444.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 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.
Amendments1984—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.
Statutory Notes and Related Subsidiaries
Effective Date of 1972 AmendmentAmendment 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.
Executive Documents
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.
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---
type: "LegalText"
title: "22 U.S.C. § 1976"
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title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "25"
chapter_name: "PROTECTION OF VESSELS ON THE HIGH SEAS AND IN TERRITORIAL WATERS OF FOREIGN COUNTRIES"
section: "1976"
citation: "22 U.S.C. § 1976"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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# 22 U.S.C. § 1976 - Authorization of appropriations
## Text
There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this chapter.
(Aug. 27, 1954, ch. 1018, § 6, 68 Stat. 883.)
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type: "LegalText"
title: "22 U.S.C. § 1977"
description: "Reimbursement for seized commercial fishermen"
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citation: "22 U.S.C. § 1977"
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---
# 22 U.S.C. § 1977 - Reimbursement for seized commercial fishermen
## Text
(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) Amounts 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, § 7, as added Pub. L. 90–482, § 1, Aug. 12, 1968, 82 Stat. 729; amended Pub. L. 92–569, § 4, Oct. 26, 1972, 86 Stat. 1183; Pub. L. 92–594, §§ 1, 2, Oct. 27, 1972, 86 Stat. 1313; Pub. L. 94–273, § 3(17), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95–194, § 1, Nov. 18, 1977, 91 Stat. 1413; Pub. L. 95–376, § 1, Sept. 18, 1978, 92 Stat. 714; Pub. L. 97–68, § 1, Oct. 26, 1981, 95 Stat. 1040; Pub. L. 98–364, title III, § 301, July 17, 1984, 98 Stat. 444; Pub. L. 99–659, title IV, § 408, Nov. 14, 1986, 100 Stat. 3740; Pub. L. 100–151, § 1, Nov. 3, 1987, 101 Stat. 884; Pub. L. 100–350, § 2, June 27, 1988, 102 Stat. 660; Pub. L. 101–627, title III, § 301, Nov. 28, 1990, 104 Stat. 4462; Pub. L. 104–43, title IV, § 403, Nov. 3, 1995, 109 Stat. 390; Pub. L. 106–450, title I, § 102, Nov. 7, 2000, 114 Stat. 1941; Pub. L. 107–228, div. A, title II, § 209, Sept. 30, 2002, 116 Stat. 1365; Pub. L. 108–219, title III, § 302, Apr. 13, 2004, 118 Stat. 616; Pub. L. 114–323, title VII, § 705, Dec. 16, 2016, 130 Stat. 1942; Pub. L. 117–81, div. E, title LI, § 5111(a), Dec. 27, 2021, 135 Stat. 2350.)
## Notes
Editorial Notes
Amendments2021—Subsec. (e). Pub. L. 117–81 inserted heading and amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The provisions of this section shall be effective until October 1, 2018; 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.” 2016—Subsec. (e). Pub. L. 114–323 substituted “2018” for “2008”. 2004—Subsec. (e). Pub. L. 108–219 substituted “2008” for “2003”. 2002—Subsec. (a)(3). Pub. L. 107–228 substituted “Secretary of State” for “Secretary of Commerce”. 2000—Subsec. (a)(3). Pub. L. 106–450, § 102(b), substituted “Secretary of Commerce” for “Secretary of the Interior”. Subsec. (e). Pub. L. 106–450, § 102(a), substituted “2003” for “2000”. 1995—Subsec. (c). Pub. L. 104–43, § 403(a), struck out after second sentence “The amount fixed by the Secretary shall be predicated upon at least 33⅓ per centum of the contribution by the Government.” Subsec. (e). Pub. L. 104–43, § 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, § 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, § 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, § 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, § 2, substituted “Secretary of Commerce” for “Secretary of the Interior”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 117–81, div. E, title LI, § 5111(b), Dec. 27, 2021, 135 Stat. 2350, provided that: “(1) Effective date.—The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 27, 2021] and apply as if the date specified in subsection (e) of section 7 of the Fishermen’s Protective Act of 1967 [22 U.S.C. 1977(e)], as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment. “(2) Agreements and payments.—The Secretary is authorized to—“(A) enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 [22 U.S.C. 1977] for any claims to which such section would otherwise apply but for the date specified in subsection (e) of such section, as in effect on the day before the date of the enactment of this Act; and “(B) make payments in accordance with agreements entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act.” [For definition of “Secretary” as used in section 5111(b) of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.]
Effective Date of 1986 AmendmentPub. L. 99–659, title IV, § 408, Nov. 14, 1986, 100 Stat. 3740, provided that the amendment made by that section is effective Oct. 1, 1986.
Effective Date of 1972 AmendmentAmendment 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.
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# 22 U.S.C. § 1979 - Fishermen’s Protective Fund
## Text
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.
(Aug. 27, 1954, ch. 1018, § 9, as added Pub. L. 92–569, § 5, Oct. 26, 1972, 86 Stat. 1183; amended Pub. L. 98–364, title III, § 302(c), July 17, 1984, 98 Stat. 444.)
## Notes
Editorial Notes
Amendments1984—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”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
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title: "22 U.S.C. § 1980"
description: "Compensation for loss or destruction of commercial fishing vessel or gear"
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# 22 U.S.C. § 1980 - Compensation for loss or destruction of commercial fishing vessel or gear
## Text
(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).11 See References in Text note below.
(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).
(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);
(B) all administrative fees collected under subsection (c)(2);
(C) all surcharges collected under subsection (e);
(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 22 So in original. Probably should be “notes”. 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.
(Aug. 27, 1954, ch. 1018, § 10, as added Pub. L. 95–194, § 2, Nov. 18, 1977, 91 Stat. 1413; amended Pub. L. 95–376, § 3(a), Sept. 18, 1978, 92 Stat. 715; Pub. L. 96–289, § 4(b), June 28, 1980, 94 Stat. 606; Pub. L. 96–561, title II, §§ 238(b), 241, Dec. 22, 1980, 94 Stat. 3300, 3301; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
## Notes
Editorial Notes
References in TextSection 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, § 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, which is classified principally to chapter 38 (§ 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, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Amendments1996—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, § 238(b), substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”. Subsec. (a)(4). Pub. L. 96–561, § 241(1), added par. (4). Subsec. (b). Pub. L. 96–561, §§ 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, § 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, § 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, § 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).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
Effective Date of 1980 AmendmentPub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.
Effective Date of 1978 AmendmentPub. L. 95–376, § 3(b), Sept. 18, 1978, 92 Stat. 718, provided that: “The amendment made by subsection (a) [amending this section] shall take effect January 1, 1979.”
Savings ProvisionPub. L. 95–376, § 3(c), Sept. 18, 1978, 92 Stat. 718, 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; ApplicationPub. L. 96–561, title II, § 240(a), (b)(1), Dec. 22, 1980, 94 Stat. 3300, 3301, 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 CompensationPub. L. 96–289, § 4(a), June 28, 1980, 94 Stat. 605, 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.”
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type: "LegalText"
title: "22 U.S.C. § 1980a"
description: "Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law"
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title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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# 22 U.S.C. § 1980a - Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law
## Text
(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), 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.
(Aug. 27, 1954, ch. 1018, § 11, as added Pub. L. 104–43, title IV, § 402(a), Nov. 3, 1995, 109 Stat. 389.)
## Notes
Statutory Notes and Related Subsidiaries
Congressional FindingsPub. L. 104–43, title IV, § 401, Nov. 3, 1995, 109 Stat. 388, 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.”
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# 22 U.S.C. § 1980b - Sanctions for imposition of conditions on U.S. fishing vessel found inconsistent with international law
## Text
(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), 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(12) 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) should be commensurate with any conditions certified by the Secretary of State under subsection (a).
(Aug. 27, 1954, ch. 1018, § 12, as added Pub. L. 104–43, title IV, § 402(b), Nov. 3, 1995, 109 Stat. 390; amended Pub. L. 115–232, div. C, title XXXV, § 3541(b)(4), Aug. 13, 2018, 132 Stat. 2323.)
## Notes
Editorial Notes
Amendments2018—Subsec. (c). Pub. L. 115–232 substituted “section 2101(12)” for “section 2101(11a)”.