US (United States) Code. Title 22. Chapter 25: Protection of vessels on the high seas and in territorial waters

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse. Countries

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publicidad

-CITE-

22 USC CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH

SEAS AND IN TERRITORIAL WATERS

OF FOREIGN COUNTRIES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-MISC1-

Sec.

1971. "Vessel of the United States" defined.

1972. Action by Secretary of State upon seizure of vessel by

foreign country; preconditions.

1973. Reimbursement of owner for any direct charges paid to

secure release of vessel and crew.

(a) Reimbursement by Secretary of State; "other

direct charge" defined; source of

reimbursement.

(b) Determination and certification of charges by

Secretary of State; reimbursement as lien on

vessel; termination of lien.

1974. Inapplicability of chapter to certain seizures.

1975. Claims for amounts expended because of seizure.

(a) Action by Secretary.

(b) Withholding amount of unpaid claim from foreign

assistance funds.

1976. Authorization of appropriations.

1977. Reimbursement for seized commercial fishermen.

(a) Agreement to reimburse for actual costs,

confiscation or spoilage of fish, and loss of

income.

(b) Distribution of payments according to

commercial fishing practices and procedures.

(c) Establishment of fees; amount of fees; credit

of fees to separate Treasury account; payment

from collected fees; authorization of

appropriations.

(d) Finality of determinations; insured losses.

(e) Effective date.

(f) Definitions.

1978. Restriction on importation of fishery or wildlife

products from countries which violate international

fishery or endangered or threatened species programs.

(a) Certification to President.

(b) Notification to Congress.

(c) Importation of fish products from offending

country prohibited.

(d) Periodic review by Secretary of Commerce or

Secretary of the Interior; termination of

certification; notice.

(e) Penalties; forfeiture; customs laws.

(f) Enforcement.

(g) Regulations.

(h) Definitions.

1979. Fishermen's Protective Fund.

1980. Compensation for loss or destruction of commercial

fishing vessel or gear.

(a) Definitions.

(b) Causes of loss or destruction.

(c) Eligibility for compensation.

(d) Application for compensation; initial

determination of eligibility; amount of

compensation; review of initial determination;

subrogation of United States upon payment.

(e) Surcharge on foreign fishing vessels.

(f) Fishing Vessel and Gear Damage Compensation

Fund; requirements, etc.

(g) Penalty for false or misleading statements.

1980a. Reimbursement of owner for fee paid to navigate

foreign waters if fee inconsistent with international

law.

(a) Reimbursable fees.

(b) Documentation.

(c) Timeliness.

(d) Funding; appropriations.

(e) Claim against foreign government.

(f) "Owner" defined.

1980b. Sanctions for imposition of conditions on U.S. fishing

vessel found inconsistent with international law.

(a) Certification.

(b) Sanctions.

(c) "Fishing vessel" defined.

(d) Sanctions commensurate with conditions

certified.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 972c; title 48

section 1904.

-End-

-CITE-

22 USC Sec. 1971 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

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

-STATUTE-

For the purposes of this chapter the term "vessel of the United

States" shall mean any private vessel documented or certificated

under the laws of the United States. Notwithstanding any other law,

the documentation or certification of any such vessel shall not be

considered to be affected, for the purposes of this chapter, in any

manner or to any extent if at any time during any voyage for the

purpose of fishing beyond the fishery conservation zone (as defined

in section 1802(8) (!1) of title 16), the vessel is commanded by

other than a citizen of the United States.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 1, 68 Stat. 883; Pub. L. 95-541,

Sec. 14(a), Oct. 28, 1978, 92 Stat. 2057; Pub. L. 96-561, title II,

Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104-208, div. A,

title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110

Stat. 3009, 3009-41.)

-REFTEXT-

REFERENCES IN TEXT

Section 1802(8) of title 16, referred to in text, which defined

"fishery conservation zone", was repealed and section 1802(6) of

Title 16, Conservation, defining the term "exclusive economic

zone", was added by Pub. L. 99-659, title I, Sec. 101(a), Nov. 14,

1986, 100 Stat. 3706. Section 1802 was subsequently amended and the

term "exclusive economic zone" is defined elsewhere in that

section.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-208 made technical amendment to reference in

original act which appears in text as reference to section 1802(8)

of title 16.

1980 - Pub. L. 96-561 made technical amendment to reference in

original act which appears in text as reference to section 1802(8)

of title 16.

1978 - Pub. L. 95-541 provided that the documentation or

certification of a vessel of the United States not be affected if

at any time during the voyage for the purpose of fishing beyond the

fishery conservation zone, the vessel is commanded by other than a

citizen of the United States.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 14(b) of Pub. L. 95-541 provided that the amendment made

by section 14(a) of Pub. L. 95-541, amending this section, was to

take effect Jan. 1, 1978, prior to the general amendment by Pub. L.

104-227, title I, Sec. 107, Oct. 2, 1996, 110 Stat. 3042.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-450, title I, Sec. 101, Nov. 7, 2000, 114 Stat. 1941,

provided that: "This title [amending section 1977 of this title]

may be cited as the 'Fishermen's Protective Act Amendments of

2000'."

SHORT TITLE

Pub. L. 90-482, Sec. 4, Aug. 12, 1968, 82 Stat. 730, provided

that: "The Act of August 27, 1954 (68 Stat. 883; 22 U.S.C.

1971-1976), as amended by this Act [this chapter], may be cited as

the 'Fishermen's Protective Act of 1967'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 48 section 1904.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 1972 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1972. Action by Secretary of State upon seizure of vessel by

foreign country; preconditions

-STATUTE-

If -

(1) any vessel of the United States is seized by a foreign

country on the basis of claims to jurisdiction that are not

recognized by the United States, or on the basis of claims to

jurisdiction recognized by the United States but exercised in a

manner inconsistent with international law as recognized by the

United States; (!1)

(2) any general claim of any foreign country to exclusive

fishery management authority is recognized by the United States,

and any vessel of the United States is seized by such foreign

country on the basis of conditions and restrictions under such

claim, if such conditions and restrictions -

(A) are unrelated to fishery conservation and management,

(B) fail to consider and take into account traditional

fishing practices of vessels of the United States,

(C) are greater or more onerous than the conditions and

restrictions which the United States applies to foreign fishing

vessels subject to the exclusive fishery management authority

of the United States (as established in title I of the

Magnuson-Stevens Fishery Conservation and Management Act [16

U.S.C. 1811 et seq.]), or

(D) fail to allow fishing vessels of the United States

equitable access to fish subject to such country's exclusive

fishery management authority;

the Secretary of State, unless there is clear and convincing

credible evidence that the seizure did not meet the requirements

under paragraph (1) or (2), as the case may be, shall immediately

take such steps as are necessary -

(i) for the protection of such vessel and for the health and

welfare of its crew;

(ii) to secure the release of such vessel and its crew; and

(iii) to determine the amount of any fine, license, fee,

registration fee, or other direct charge reimbursable under

section 1973(a) of this title.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 2, 68 Stat. 883; Pub. L. 92-569,

Sec. 1, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94-265, title IV,

Sec. 403(a)(1), Apr. 13, 1976, 90 Stat. 360; Pub. L. 96-561, title

II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 98-364,

title III, Sec. 303(a), July 17, 1984, 98 Stat. 444; Pub. L.

104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)],

Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in par. (2)(C), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended. Title I of the Act is classified generally

to subchapter II (Sec. 1811 et seq.) of chapter 38 of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 1801 of Title 16 and

Tables.

-MISC1-

AMENDMENTS

1996 - Par. (2)(C). Pub. L. 104-208 substituted "Magnuson-Stevens

Fishery" for "Magnuson Fishery".

1984 - Pub. L. 98-364, in par. (1), substituted "any vessel of

the United States is seized by a foreign country on the basis of

claims to jurisdiction that are not recognized by the United

States, or on the basis of claims to jurisdiction recognized by the

United States but exercised in a manner inconsistent with

international law as recognized by the United States;" for "any

vessel of the United States is seized by a foreign country on the

basis of claims in territorial waters or the high seas which are

not recognized by the United States; or", and in provisions

following par. (2)(D), substituted "the Secretary of State, unless

there is clear and convincing credible evidence that the seizure

did not meet the requirements under paragraph (1) or (2), as the

case may be, shall immediately take such steps as are necessary"

for "and there is no dispute as to the material facts with respect

to the location or activity of such vessel at the time of such

seizure, the Secretary of State shall immediately take such steps

as are necessary".

1980 - Par. (2)(C). Pub. L. 96-561 substituted "Magnuson Fishery

Conservation and Management Act" for "Fishery Conservation and

Management Act of 1976".

1976 - Pub. L. 94-265 redesignated existing subsecs. (a) and (b)

as pars. (1) and (2), respectively, and, in par. (1) struck out

reference to rights in territorial waters, and in par. (2)

substituted provisions relating to any general claim of any foreign

country, conditions, and restrictions of seizure, lack of dispute

as to material facts, and steps authorized for Secretary of State

upon seizure, for provisions relating to lack of dispute as to

material facts and actions authorized for Secretary of State upon

seizure.

1972 - Subsec. (b). Pub. L. 92-569 required the Secretary of

State to take appropriate action to immediately ascertain the fees,

fines, and other direct charges paid by a United States vessel

owner to the seizing foreign country for the release of the vessel

and its crew.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 303(c) of Pub. L. 98-364 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

1974 of this title] apply with respect to seizures made after April

1, 1983, by foreign countries of vessels of the United States."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 403(b) of Pub. L. 94-265 provided in part that the

amendment made by section 403(a)(1) of Pub. L. 94-265 to this

section was to take effect Mar. 1, 1977, prior to the general

amendment of title IV of Pub. L. 94-265 by Pub. L. 104-297.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 6 of Pub. L. 92-569 provided that: "The amendments made

by this Act [enacting section 1979 of this title and amending this

section and sections 1973, 1975, and 1977 of this title] shall

apply with respect to seizures of vessels of the United States

occurring on or after the date of the enactment of this Act [Oct.

26, 1972]; except that reimbursements under section 3 of the

Fishermen's Protective Act of 1967 [section 1973 of this title] (as

in effect before such date of enactment [Oct. 26, 1972]) may be

made from the fund established by the amendment made by section 5

of this Act [enacting section 1979 of this title] with respect to

any seizure of a vessel occurring before such date of enactment

[Oct. 26, 1972] and after December 31, 1970, if no reimbursement

was made before such date of enactment [Oct. 26, 1972]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973, 1977 of this title;

title 16 section 973a.

-FOOTNOTE-

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

-End-

-CITE-

22 USC Sec. 1973 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1973. Reimbursement of owner for any direct charges paid to

secure release of vessel and crew

-STATUTE-

(a) Reimbursement by Secretary of State; "other direct charge"

defined; source of reimbursement

In any case where a vessel of the United States is seized by a

foreign country under the conditions of section 1972 of this title

and a fine, license fee, registration fee, or any other direct

charge must be paid in order to secure the prompt release of the

vessel and crew, the owners of the vessel shall be reimbursed by

the Secretary of State in the amount determined and certified by

him as being the amount of the fine, license fee, registration fee,

or any other direct charge actually paid. For purposes of this

section, the term "other direct charge" means any levy, however

characterized or computed (including, but not limited to, any

computation based on the value of a vessel or the value of fish or

other property on board a vessel), which is imposed in addition to

any fine, license fee, or registration fee. Any reimbursement under

this section shall be made from the Fishermen's Protective Fund

established pursuant to section 1979 of this title.

(b) Determination and certification of charges by Secretary of

State; reimbursement as lien on vessel; termination of lien

The Secretary of State shall make a determination and

certification under subsection (a) of this section as soon as

possible after he is notified pursuant to section 1972(b) of this

title of the amounts of the fines, fees, and other direct charges

which were paid by the owners to secure the release of their vessel

and crew. The amount of reimbursement made by the Secretary of

State to the owners of any vessel under subsection (a) of this

section shall constitute a lien on the vessel which may be

recovered in proceedings by libel in rem in the district court of

the United States for any district within which the vessel may be.

Any such lien shall terminate on the ninetieth day after the date

on which the Secretary of State reimburses the owners under this

section unless before such ninetieth day the United States

initiates action to enforce the lien.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 3, 68 Stat. 883; Pub. L. 90-482,

Sec. 2, Aug. 12, 1968, 82 Stat. 730; Pub. L. 92-569, Sec. 2, Oct.

26, 1972, 86 Stat. 1182; Pub. L. 94-265, title IV, Sec. 403(a)(2),

Apr. 13, 1976, 90 Stat. 360; Pub. L. 98-364, title III, Sec.

302(a), July 17, 1984, 98 Stat. 444.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-364, Sec. 302(a)(1), substituted

"Secretary of State in the amount determined and certified by him"

for "Secretary of the Treasury in the amount certified to him by

the Secretary of State".

Subsec. (b). Pub. L. 98-364, Sec. 302(a)(2), inserted

"determination and" before "certification" in first sentence, and

substituted "State" for "the Treasury" in second and third

sentences.

1976 - Subsec. (a). Pub. L. 94-265 inserted definition of "other

direct charge".

1972 - Pub. L. 92-569 designated existing provisions as subsec.

(a), inserted provision that reimbursement under this section shall

be made from the Fishermen's Protective Fund, and added subsec.

(b).

1968 - Pub. L. 90-482 inserted ", license fee, registration fee,

or any other direct charge" after "fine" wherever appearing.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 403(b) of Pub. L. 94-265 provided in part that the

amendment made by section 403(a)(2) of Pub. L. 94-265 to this

section was to apply with respect to seizures of vessels of the

United States occurring on or after Dec. 31, 1974, prior to the

general amendment of title IV of Pub. L. 94-265 by Pub. L. 104-297.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-569 applicable with respect to seizure of

vessels of the United States occurring on or after Oct. 26, 1972,

except that reimbursements under this section may be made from the

fund established by section 1979 of this title with respect to

seizure of vessels occurring after Dec. 31, 1970 and before Oct.

26, 1972 if no reimbursement was made before Oct. 26, 1972, see

section 6 of Pub. L. 92-569, set out as a note under section 1972

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1972, 1975, 1977, 1979 of

this title.

-End-

-CITE-

22 USC Sec. 1974 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1974. Inapplicability of chapter to certain seizures

-STATUTE-

The provisions of this chapter shall not apply with respect to a

seizure made by a country at war with the United States or a

seizure made in accordance with the provisions of any applicable

convention or treaty, if that treaty or convention was made with

advice and consent to (!1) the Senate and was in force and effect

for the United States and the seizing country at the time of the

seizure.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 4, 68 Stat. 883; Pub. L. 98-364,

title III, Sec. 303(b), July 17, 1984, 98 Stat. 444.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-364 substituted "any applicable convention or

treaty, if that treaty or convention was made with advice and

consent to the Senate and was in force and effect for the United

States and the seizing country at the time of the seizure" for "any

fishery convention or treaty to which the United States is a

party".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-364 applicable with respect to seizures

made after Apr. 1, 1983, by foreign countries of vessels of the

United States, see section 303(c) of Pub. L. 98-364, set out as a

note under section 1972 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 972c.

-FOOTNOTE-

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

-End-

-CITE-

22 USC Sec. 1975 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1975. Claims for amounts expended because of seizure

-STATUTE-

(a) Action by Secretary

The Secretary of State shall -

(1) immediately notify a foreign country of -

(A) any reimbursement made by him under section 1973 of this

title as a result of the seizure of a vessel of the United

States by such country,

(B) any payment made pursuant to section 1977 of this title

in connection with such seizure, and

(2) take such action as he deems appropriate to make and

collect claims against such foreign country for the amounts so

reimbursed and payments so made.

(b) Withholding amount of unpaid claim from foreign assistance

funds

If a foreign country fails or refuses to make payment in full on

any claim made under subsection (a)(2) of this section within one

hundred and twenty days after the date on which such country is

notified pursuant to subsection (a)(1) of this section, the

Secretary of State shall transfer an amount equal to such unpaid

claim or unpaid portion thereof from any funds appropriated by

Congress and programed for the current fiscal year for assistance

to the government of such country under the Foreign Assistance Act

of 1961 [22 U.S.C. 2151 et seq.] unless the President certifies to

the Congress that it is in the national interest not to do so in

the particular instance (and if such funds are insufficient to

cover such claim, transfer shall be made from any funds so

appropriated and programed for the next and any succeeding fiscal

year) to (1) the Fishermen's Protective Fund established pursuant

to section 1979 of this title if the amount is transferred with

respect to an unpaid claim for a reimbursement made under section

1973 of this title, or (2) the separate account established in the

Treasury of the United States pursuant to section 1977(c) of this

title if the amount is transferred with respect to an unpaid claim

for a payment made under section 1977(a) of this title. Amounts

transferred under this section shall not constitute satisfaction of

any such claim of the United States against such foreign country.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 5, 68 Stat. 883; Pub. L. 90-482,

Sec. 3, Aug. 12, 1968, 82 Stat. 730; Pub. L. 92-569, Sec. 3, Oct.

26, 1972, 86 Stat. 1182; Pub. L. 98-364, title III, Sec. 302(b),

July 17, 1984, 98 Stat. 444.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (b),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which

is classified principally to chapter 32 (Sec. 2151 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(1)(A). Pub. L. 98-364 substituted "him" for

"the Secretary of the Treasury".

1972 - Pub. L. 92-569 substituted provisions that the Secretary

of State notify the foreign country of reimbursements made under

section 1973 of this title and payments made under section 1977 of

this title, take appropriate action to make and collect claims

against such foreign country and on failure to receive payment or

on refusal to pay within 120 days after the notification, transfer

an amount equal to the unpaid amount from funds programmed for

assistance to that country to the Fishermen's Protective Fund or

the separate account in the Treasury as the case may be, and in the

case of inadequate funds programmed in the current fiscal year make

the deduction from succeeding fiscal years, with exception that no

such transfer be made when the President certifies to Congress that

it is in the national interest not to do so, for provisions that

the Secretary of State take appropriate action to collect claims

against such foreign country and withhold amounts equal to the

unpaid claims from the foreign assistance programmed for that

fiscal year when such country fails or refuses to pay within 120

days of receipt of notice of claim.

1968 - Pub. L. 90-482 inserted provisions authorizing the

Secretary to act when payments are made pursuant to section 1977 of

this title, and provisions authorizing the Secretary to withhold

the amount of any unpaid claim against the foreign country from the

foreign assistance funds programed for that country, such amounts

withheld not to constitute satisfaction of any unpaid claim.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-569 applicable with respect to seizures

of vessels of the United States occurring on or after Oct. 26,

1972, see section 6 of Pub. L. 92-569, set out as a note under

section 1972 of this title.

-EXEC-

EX. ORD. NO. 11772. DELEGATION OF CERTAIN AUTHORITY OF PRESIDENT TO

SECRETARY OF STATE

Ex. Ord. No. 11772, Mar. 21, 1974, 39 F.R. 10879, provided:

By virtue of the authority vested in me by the Fishermen's

Protective Act of 1967, as amended (22 U.S.C. 1971, et seq.), and

Section 301 of Title 3 of the United States Code, and as President

of the United States of America, the Secretary of State is hereby

designated and empowered to exercise, without ratification, or

other action of the President, the function conferred upon the

President by Section 5(b) of the Fishermen's Protective Act of

1967, as amended [22 U.S.C. 1975(b)], of certifying to the Congress

that it is in the national interest not to transfer to the

Fishermen's Protective Fund or to the separate account established

under the Act, pursuant to that Section, amounts appropriated by

the Congress and programmed for assistance under the Foreign

Assistance Act of 1961 [22 U.S.C. 2151 et seq.].

Richard Nixon.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1977, 1979 of this title;

title 48 section 1904.

-End-

-CITE-

22 USC Sec. 1976 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1976. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such amounts as may be

necessary to carry out the provisions of this chapter.

-SOURCE-

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

-End-

-CITE-

22 USC Sec. 1977 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1977. Reimbursement for seized commercial fishermen

-STATUTE-

(a) Agreement to reimburse for actual costs, confiscation or

spoilage of fish, and loss of income

The Secretary, upon receipt of an application filed with him at

any time after the effective date of this section by the owner of

any vessel of the United States which is documented or certificated

as a commercial fishing vessel, shall enter into an agreement with

such owner subject to the provision of this section and such other

terms and conditions as the Secretary deems appropriate. Such

agreement shall provide that, if said vessel is seized by a foreign

country and detained under the conditions of section 1972 of this

title, the Secretary shall guarantee -

(1) the owner of such vessel for all actual costs, except those

covered by section 1973 of this title, incurred by the owner

during the seizure and detention period and as a direct result

thereof, as determined by the Secretary, resulting (A) from any

damage to, or destruction of, such vessel, or its fishing gear or

other equipment, (B) from the loss or confiscation of such

vessel, gear, or equipment, or (C) from dockage fees or

utilities;

(2) the owner of such vessel and its crew for the market value

of fish caught before seizure of such vessel and confiscated or

spoiled during the period of detention; and

(3) the owner of such vessel and its crew for not to exceed 50

per centum of the gross income lost as a direct result of such

seizure and detention, as determined by the Secretary of State,

based on the value of the average catch per day's fishing during

the three most recent calendar years immediately preceding such

seizure and detention of the vessel seized, or, if such

experience is not available, then of all commercial fishing

vessels of the United States engaged in the same fishery as that

of the type and size of the seized vessel.

(b) Distribution of payments according to commercial fishing

practices and procedures

Payments made by the Secretary under paragraphs (2) and (3) of

subsection (a) of this section shall be distributed by the

Secretary in accordance with the usual practices and procedures of

the particular segment of the United States commercial fishing

industry to which the seized vessel belongs relative to the sale of

fish caught and the distribution of the proceeds of such sale.

(c) Establishment of fees; amount of fees; credit of fees to

separate Treasury account; payment from collected fees;

authorization of appropriations

The Secretary shall from time to time establish by regulation

fees which shall be paid by the owners of vessels entering into

agreements under this section. Such fees shall be adequate (1) to

recover the costs of administering this section, and (2) to cover a

reasonable portion of any payments made by the Secretary under this

section. All fees collected by the Secretary shall be credited to a

separate account established in the Treasury of the United States

which shall remain available without fiscal year limitation to

carry out the provisions of this section. Those fees not currently

needed for payments under this section shall be kept on deposit or

invested in obligations of, or guaranteed by, the United States and

all revenues accruing from such deposits or investments shall be

credited to such separate account. If a transfer of funds is made

to the separate account under section 1975(b)(2) of this title with

respect to an unpaid claim and such claim is later paid, the amount

so paid shall be covered into the Treasury as miscellaneous

receipts. All payments under this section shall be made first out

of such fees so long as they are available and thereafter out of

funds which are hereby authorized to be appropriated to such

account to carry out the provisions of this section.

(d) Finality of determinations; insured losses

All determinations made under this section shall be final. No

payment under this section shall be made with respect to any losses

covered by any policy of insurance or other provision of law.

(e) Effective date

The provisions of this section shall be effective until October

1, 2003; except that payments may be made under this section only

to such extent and in such amounts as are provided in advance in

appropriation Acts.

(f) Definitions

For the purposes of this section -

(1) the term "Secretary" means the Secretary of State.

(2) the term "owner" includes any charterer of a commercial

fishing vessel.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 7, as added Pub. L. 90-482, Sec. 1,

Aug. 12, 1968, 82 Stat. 729; amended Pub. L. 92-569, Sec. 4, Oct.

26, 1972, 86 Stat. 1183; Pub. L. 92-594, Secs. 1, 2, Oct. 27, 1972,

86 Stat. 1313; Pub. L. 94-273, Sec. 3(17), Apr. 21, 1976, 90 Stat.

377; Pub. L. 95-194, Sec. 1, Nov. 18, 1977, 91 Stat. 1413; Pub. L.

95-376, Sec. 1, Sept. 18, 1978, 92 Stat. 714; Pub. L. 97-68, Sec.

1, Oct. 26, 1981, 95 Stat. 1040; Pub. L. 98-364, title III, Sec.

301, July 17, 1984, 98 Stat. 444; Pub. L. 99-659, title IV, Sec.

408, Nov. 14, 1986, 100 Stat. 3740; Pub. L. 100-151, Sec. 1, Nov.

3, 1987, 101 Stat. 884; Pub. L. 100-350, Sec. 2, June 27, 1988, 102

Stat. 660; Pub. L. 101-627, title III, Sec. 301, Nov. 28, 1990, 104

Stat. 4462; Pub. L. 104-43, title IV, Sec. 403, Nov. 3, 1995, 109

Stat. 390; Pub. L. 106-450, title I, Sec. 102, Nov. 7, 2000, 114

Stat. 1941; Pub. L. 107-228, div. A, title II, Sec. 209, Sept. 30,

2002, 116 Stat. 1365.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-228 substituted "Secretary of

State" for "Secretary of Commerce".

2000 - Subsec. (a)(3). Pub. L. 106-450, Sec. 102(b), substituted

"Secretary of Commerce" for "Secretary of the Interior".

Subsec. (e). Pub. L. 106-450, Sec. 102(a), substituted "2003" for

"2000".

1995 - Subsec. (c). Pub. L. 104-43, Sec. 403(a), struck out after

second sentence "The amount fixed by the Secretary shall be

predicated upon at least 33 1/3 per centum of the contribution by

the Government."

Subsec. (e). Pub. L. 104-43, Sec. 403(b), substituted "October 1,

2000" for "October 1, 1993".

1990 - Subsec. (e). Pub. L. 101-627 substituted "October 1, 1993"

for "October 1, 1989".

1988 - Subsec. (e). Pub. L. 100-350 substituted "October 1, 1989"

for "October 1, 1988".

1987 - Subsec. (e). Pub. L. 100-151 substituted "October 1, 1988"

for "October 1, 1987".

1986 - Subsec. (f)(1). Pub. L. 99-659 substituted "Secretary of

State" for "Secretary of Commerce".

1984 - Subsec. (e). Pub. L. 98-364 substituted "October 1, 1987"

for "October 1, 1984".

1981 - Subsec. (c). Pub. L. 97-68, Sec. 1(1), inserted provision

that fees not currently needed for payments under this section be

kept on deposit or invested in obligations of, or guaranteed by,

the United States and that all revenues accruing from such deposits

or investments be credited to the separate account established in

the Treasury of the United States to carry out the provisions of

this section.

Subsec. (e). Pub. L. 97-68, Sec. 1(2), substituted "October 1,

1984" for "October 1, 1981".

1978 - Subsec. (e). Pub. L. 95-376 substituted "October 1, 1981;

except that payments may be made under this section only to such

extent and in such amounts as are provided in advance in

appropriation Acts" for "October 1, 1978".

1977 - Subsec. (e). Pub. L. 95-194 substituted "October 1, 1978"

for "October 1, 1977".

1976 - Subsec. (e). Pub. L. 94-273 substituted "October" for

"July".

1972 - Subsec. (c). Pub. L. 92-569 inserted provision that

amounts paid subsequent to transfer to the separate account be

covered into the Treasury as miscellaneous receipts.

Subsec. (e). Pub. L. 92-594, Sec. 1, extended provisions of this

section until July 1, 1977, and struck out provisions relating to

issuance of regulations.

Subsec. (f)(1). Pub. L. 92-594, Sec. 2, substituted "Secretary of

Commerce" for "Secretary of the Interior".

EFFECTIVE DATE OF 1986 AMENDMENT

Section 408 of Pub. L. 99-659 provided that the amendment made by

that section is effective Oct. 1, 1986.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-569 applicable with respect to seizure of

vessels of the United States occurring on or after Oct. 26, 1972,

see section 6 of Pub. L. 92-569, set out as a note under section

1972 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1975 of this title.

-End-

-CITE-

22 USC Sec. 1978 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1978. Restriction on importation of fishery or wildlife

products from countries which violate international fishery or

endangered or threatened species programs

-STATUTE-

(a) Certification to President

(1) When the Secretary of Commerce determines that nationals of a

foreign country, directly or indirectly, are conducting fishing

operations in a manner or under circumstances which diminish the

effectiveness of an international fishery conservation program, the

Secretary of Commerce shall certify such fact to the President.

(2) When the Secretary of Commerce or the Secretary of the

Interior finds that nationals of a foreign country, directly or

indirectly, are engaging in trade or taking which diminishes the

effectiveness of any international program for endangered or

threatened species, the Secretary making such finding shall certify

such fact to the President.

(3) In administering this subsection, the Secretary of Commerce

or the Secretary of the Interior, as appropriate, shall -

(A) periodically monitor the activities of foreign nationals

that may affect the international programs referred to in

paragraphs (1) and (2);

(B) promptly investigate any activity by foreign nationals

that, in the opinion of the Secretary, may be cause for

certification under paragraph (1) or (2); and

(C) promptly conclude; and reach a decision with respect to;

any investigation commenced under subparagraph (B).

(4) Upon receipt of any certification made under paragraph (1) or

(2), the President may direct the Secretary of the Treasury to

prohibit the bringing or the importation into the United States of

any products from the offending country for any duration as the

President determines appropriate and to the extent that such

prohibition is sanctioned by the World Trade Organization (as

defined in section 3501(8) of title 19) or the multilateral trade

agreements (as defined in section 3501(4) of title 19).

(b) Notification to Congress

Within sixty days following certification by the Secretary of

Commerce or the Secretary of the Interior, the President shall

notify the Congress of any action taken by him pursuant to such

certification. In the event the President fails to direct the

Secretary of the Treasury to prohibit the importation of fish

products or wildlife products of the offending country, or if such

prohibition does not cover all fish products or wildlife products

of the offending country, the President shall inform the Congress

of the reasons therefor.

(c) Importation of fish products from offending country prohibited

It shall be unlawful for any person subject to the jurisdiction

of the United States knowingly to bring or import into, or cause to

be imported into, the United States any products prohibited by the

Secretary of the Treasury pursuant to this section.

(d) Periodic review by Secretary of Commerce or Secretary of the

Interior; termination of certification; notice

After making a certification to the President under subsection

(a) of this section, the Secretary of Commerce or the Secretary of

the Interior, as the case may be, shall periodically review the

activities of the nationals of the offending country to determine

if the reasons for which the certification was made no longer

prevail. Upon determining that such reasons no longer prevail, the

Secretary concerned shall terminate the certification and publish

notice thereof, together with a statement of the facts on which

such determination is based, in the Federal Register.

(e) Penalties; forfeiture; customs laws

(1) Any person violating the provisions of this section shall be

fined not more than $10,000 for the first violation, and not more

than $25,000 for each subsequent violation.

(2) All products brought or imported into the United States in

violation of this section, or the monetary value thereof, may be

forfeited.

(3) All provisions of law relating to the seizure, judicial

forfeiture, and condemnation of a cargo for violation of the

customs laws, the disposition of such cargo or the proceeds from

the sale thereof, and the remission or mitigation of such

forfeitures shall apply to seizures and forfeitures incurred, or

alleged to have been incurred, under the provisions of this

section, insofar as such provisions of law are applicable and not

inconsistent with this section.

(f) Enforcement

(1) Enforcement of the provisions of this section prohibiting the

bringing or importation of products into the United States shall be

the responsibility of the Secretary of the Treasury.

(2) The judges of the United States district courts, and United

States magistrate judges may, within their respective

jurisdictions, upon proper oath or affirmation showing probable

cause, issue such warrants or other process as may be required for

enforcement of this chapter and regulations issued thereunder.

(3) Any person authorized to carry out enforcement activities

hereunder shall have the power to execute any warrant or process

issued by any officer or court of competent jurisdiction for the

enforcement of this section.

(4) Such person so authorized shall have the power -

(A) with or without a warrant or other process, to arrest any

persons subject to the jurisdiction of the United States

committing in his presence or view a violation of this section or

the regulations issued thereunder;

(B) with or without a warrant or other process, to search any

vessel or other conveyance subject to the jurisdiction of the

United States, and, if as a result of such search he has

reasonable cause to believe that such vessel or other conveyance

or any person on board is engaging in operations in violation of

this section or the regulations issued thereunder, then to arrest

such person.

(5) Such person so authorized, may seize, whenever and wherever

lawfully found, all products brought or imported into the United

States in violation of this section or the regulations issued

thereunder. Products so seized may be disposed of pursuant to the

order of a court of competent jurisdiction, or, if perishable, in a

manner prescribed by regulations promulgated by the Secretary of

the Treasury after consultation with the Secretary of Health and

Human Services.

(g) Regulations

The Secretary of the Treasury, the Secretary of Commerce, and the

Secretary of the Interior are each authorized to prescribe such

regulations as he determines necessary to carry out the provisions

of this section.

(h) Definitions

As used in this section -

(1) The term "person" means any individual, partnership,

corporation, or association.

(2) The term "United States" means the several States, the

District of Columbia, Puerto Rico, the Northern Mariana Islands,

American Samoa, Guam, the Virgin Islands, and every other

territory and possession of the United States.

(3) The term "international fishery conservation program" means

any ban, restriction, regulation, or other measure in effect

pursuant to a bilateral or multilateral agreement which is in

force with respect to the United States, the purpose of which is

to conserve or protect the living resources of the sea, including

marine mammals.

(4) The term "international program for endangered or

threatened species" means any ban, restriction, regulation, or

other measure in effect pursuant to a multilateral agreement

which is in force with respect to the United States, the purpose

of which is to protect endangered or threatened species of

animals.

(5) The term "taking", as used with respect to animals to which

an international program for endangered or threatened species

applies, means to -

(A) harass, harm, pursue, hunt, shoot, wound, kill, trap,

capture, or collect; or

(B) attempt to harass, harm, pursue, hunt, shoot, wound,

kill, trap, capture, or collect.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 8, as added Pub. L. 92-219, Dec. 23,

1971, 85 Stat. 786; amended Pub. L. 90-578, title IV, Sec.

402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95-376, Sec. 2,

Sept. 18, 1978, 92 Stat. 714; Pub. L. 96-61, Sec. 3(b), Aug. 15,

1979, 93 Stat. 408; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17,

1979, 93 Stat. 695; Pub. L. 100-711, Sec. 8, Nov. 23, 1988, 102

Stat. 4772; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104

Stat. 5117; Pub. L. 102-582, title II, Sec. 201, Nov. 2, 1992, 106

Stat. 4904; Pub. L. 106-36, title I, Sec. 1002(d), June 25, 1999,

113 Stat. 133.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (e)(3), are classified

generally to Title 19, Customs Duties.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(4). Pub. L. 106-36 substituted "World Trade

Organization (as defined in section 3501(8) of title 19) or the

multilateral trade agreements (as defined in section 3501(4) of

title 19)" for "General Agreement on Tariffs and Trade".

1992 - Subsec. (a)(4). Pub. L. 102-582, Sec. 201(a)(1),

substituted "any products from the offending country for any

duration" for "fish products (if the certification is made under

paragraph (1)) or wildlife products (if the certification is made

under paragraph (2)) from the offending country for such duration".

Subsecs. (c), (e)(2). Pub. L. 102-582, Sec. 201(a)(2), (3),

substituted "products" for "fish products or wildlife products".

Subsec. (f). Pub. L. 102-582, Sec. 201(a)(4), substituted

"products" for "fish products and wildlife products" in pars. (1)

and (5) and "Products" for "Fish products and wildlife products" in

par. (5).

Subsec. (h)(2). Pub. L. 102-582, Sec. 201(b)(1), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The term

'United States', when used in a geographical sense, means the

continental United States, Alaska, Hawaii, Puerto Rico, and the

United States Virgin Islands."

Subsec. (h)(3). Pub. L. 102-582, Sec. 201(b)(2), inserted

"bilateral or" before "multilateral" and ", including marine

mammals" before period at end.

Subsec. (h)(4). Pub. L. 102-582, Sec. 201(b)(3), (4),

redesignated par. (5) as (4) and struck out former par. (4) which

read as follows: "The term 'fish products' means any aquatic

species (including marine mammals and plants) and all products

thereof exported from an offending country, whether or not taken by

fishing vessels of such country, or packed, processed, or otherwise

prepared for export in such country or within the jurisdiction

thereof."

Subsec. (h)(5). Pub. L. 102-582, Sec. 201(b)(5), amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "The term

'taking' means -

"(A) for purposes of subsection (a)(2) of this section -

"(i) to harass, harm, pursue, hunt, shoot, wound, kill, trap,

capture, or collect, or

"(ii) to attempt to engage in any such conduct with respect

to,

animals to which an international program for endangered or

threatened species applies; and

"(B) for purposes of paragraph (6), any conduct described in

subparagraph (A)(i), whether or not such conduct is legal under

the laws of the offending country, undertaken with respect to any

wild animal."

Pub. L. 102-582, Sec. 201(b)(4), redesignated par. (7) as (5).

Former par. (5) redesignated (4).

Subsec. (h)(6). Pub. L. 102-582, Sec. 201(b)(3), struck out par.

(6) which read as follows: "The term 'wildlife products' means fish

(other than those to which paragraph (4) applies) and wild animals,

and parts (including eggs) thereof, taken within an offending

country and all products of any such fish and wild animals, or

parts thereof, whether or not such products are packed, processed,

or otherwise prepared for export in such country or within the

jurisdiction thereof. Such term does not include any wild animal or

fish if brought or imported into the United States for scientific

research."

Subsec. (h)(7). Pub. L. 102-582, Sec. 201(b)(4), redesignated

par. (7) as (5).

1988 - Subsec. (h)(4). Pub. L. 100-711 amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "The term

'fish products' means fish and marine mammals and all products

thereof taken by fishing vessels of an offending country whether or

not packed, processed, or otherwise prepared for export in such

country or within the jurisdiction thereof."

1979 - Subsec. (a)(3), (4). Pub. L. 96-61, Sec. 3(b)(1), added

par. (3) and redesignated former par. (3) as (4).

Subsecs. (d) to (h). Pub. L. 96-61, Sec. 3(b)(2), (3), added

subsec. (d) and redesignated subsecs. (d) to (g) as (e) to (h),

respectively.

1978 - Subsec. (a). Pub. L. 95-376, Sec. 2(1), designated

existing provisions as par. (1), struck out a provision enabling

the President, upon receipt of certification, to direct the

Secretary of the Treasury to prohibit importation of fish products

of the offending country for as long as he determines appropriate

and to the extent such prohibition is sanctioned by the General

Agreement on Tariffs and Trade, and added pars. (2) and (3).

Subsec. (b). Pub. L. 95-376, Sec. 2(2), inserted "or the

Secretary of the Interior" after "Secretary of Commerce" and

inserted "or wildlife products" after "fish products" in two

places.

Subsec. (c). Pub. L. 95-376, Sec. 2(3), inserted "or wildlife

products" after "fish products".

Subsecs. (d)(2), (e)(1). Pub. L. 95-376, Sec. 2(4), (5)(A),

inserted "and wildlife products" after "fish products".

Subsec. (e)(4)(B). Pub. L. 95-376, Sec. 2(5)(B), inserted "or

other conveyance" after "vessel" wherever appearing.

Subsec. (e)(5). Pub. L. 95-376, Sec. 2(5)(A), (C), inserted "and

wildlife products" after "all fish products", and substituted "Fish

products and wildlife products" for "Any fish products".

Subsec. (f). Pub. L. 95-376, Sec. 2(6), inserted references to

the Secretary of Commerce and the Secretary of the Interior.

Subsec. (g)(3). Pub. L. 95-376, Sec. 2(7)(A), (B), substituted

"in effect" for "in force", and "which is in force with respect to

the United States" for "to which the United States is a signatory

party".

Subsec. (g)(5) to (7). Pub. L. 95-376, Sec. 2(7)(C), added pars.

(5) to (7).

-CHANGE-

CHANGE OF NAME

"United States magistrate judges" substituted for "United States

magistrates" in subsec. (f)(2) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure. Previously "United States magistrates"

substituted for "United States commissioners" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (f)(5)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 1371, 1821,

1826, 1826a, 4242, 5301.

-End-

-CITE-

22 USC Sec. 1979 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1979. Fishermen's Protective Fund

-STATUTE-

There is created a Fishermen's Protective Fund which shall be

used by the Secretary of State to reimburse owners of vessels for

amounts determined and certified by him under section 1973 of this

title. The amount of any claim or portion thereof collected by the

Secretary of State from any foreign country pursuant to section

1975(a) of this title shall be deposited in the fund and shall be

available for the purpose of reimbursing vessel owners under

section 1973 of this title; except that if a transfer to the fund

was made pursuant to section 1975(b)(1) of this title with respect

to any such claim, an amount from the fund equal to the amount so

collected shall be covered into the Treasury as miscellaneous

receipts. There is authorized to be appropriated to the fund (1)

the sum of $3,000,000 to provide initial capital, and (2) such

additional sums as may be necessary from time to time to supplement

the fund in order to meet the requirements of the fund.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 9, as added Pub. L. 92-569, Sec. 5,

Oct. 26, 1972, 86 Stat. 1183; amended Pub. L. 98-364, title III,

Sec. 302(c), July 17, 1984, 98 Stat. 444.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-364 substituted "Secretary of State" for

"Secretary of the Treasury" and "determined and certified by him"

for "certified to him by the Secretary of State".

EFFECTIVE DATE

Section applicable with respect to seizure of vessels of the

United States occurring on or after Oct. 26, 1972, except that

reimbursements under section 1973 of this title may be made from

the fund established by this section with respect to seizure of

vessels occurring after Dec. 31, 1970 and before Oct. 26, 1972, if

no reimbursement was made before Oct. 26, 1972, see section 6 of

Pub. L. 92-569, set out as an Effective Date of 1972 Amendment note

under section 1972 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973, 1975, 1980, 1980a

of this title.

-End-

-CITE-

22 USC Sec. 1980 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1980. Compensation for loss or destruction of commercial

fishing vessel or gear

-STATUTE-

(a) Definitions

For purposes of this section -

(1) The terms "fishery", "fishery conservation zone",

"fishing", "fishing vessel", "Secretary", and "vessel of the

United States" shall each have the same respective meaning as is

given to such terms in section 3 of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1802).(!1)

(2) The term "fishing gear" means any equipment or appurtenance

which is necessary for the carrying out of fishing operations by

a fishing vessel, whether or not such equipment or appurtenance

is attached to such vessel.

(3) The term "fund" means the Fishing Vessel and Gear Damage

Compensation Fund established under subsection (f) of this

section.

(4) The term "resulting economic loss" means the gross income,

as estimated by the Secretary, that a fishing vessel owner or

operator who is eligible for compensation under this section for

damage to, loss of, or destruction of, a fishing vessel or the

fishing gear used with such vessel will lose by reason of not

being able to engage in fishing, or having to reduce his fishing

effort, during the period before the vessel or gear, or both, are

repaired or replaced and available for use.

(b) Causes of loss or destruction

Subject to the provisions of this section, the owner or operator

(hereinafter referred to as the "vessel owner") of any fishing

vessel which is a vessel of the United States is eligible for

monetary compensation under this section for any damage to, loss

of, or destruction of such vessel, or any fishing gear used with

such vessel, or both, and for any resulting economic loss, if the

damage, loss, or destruction -

(1) in the case of such vessel -

(A) occurs when such vessel is engaged in any fishery subject

to the exclusive fishery management authority of the United

States under the Magnuson-Stevens Fishery Conservation and

Management Act [16 U.S.C. 1801 et seq.], and

(B) is attributable to any vessel (or its crew or fishing

gear) other than a vessel of the United States; or

(2) in the case of such fishing gear -

(A) occurs when such fishing gear is being used for fishing

in any fishery subject to such exclusive management authority,

and

(B) is attributable to any other vessel, whether or not such

vessel is a vessel of the United States.

For purposes of subparagraph (B), there shall be a rebuttable

presumption that any damage, loss, or destruction of fishing gear

is attributable to another vessel.

(c) Eligibility for compensation

A vessel owner is not eligible for compensation under this

section with respect to fishing vessel or fishing gear damage,

loss, or destruction and resulting economic loss unless such owner

-

(1) makes application to the Secretary for compensation under

this section within 90 days after the day on which the damage,

loss, or destruction occurred or was first noticed by the owner;

(2) pays upon making such application a reasonable

administrative fee which the Secretary shall deposit into the

fund;

(3) has, in such form as the Secretary shall prescribe by

regulation, a current inventory or other evidence of possession

of the fishery vessel or fishing gear concerned;

(4) has complied with all applicable regulations, if any,

relating to the marking of, and (if appropriate) the notification

of the location of, the fishing gear concerned; and

(5) is in compliance with such other regulations as may be

prescribed by the Secretary to carry out this section.

(d) Application for compensation; initial determination of

eligibility; amount of compensation; review of initial

determination; subrogation of United States upon payment

(1) Application for compensation under this section shall be made

in such form and manner, and include such documentation and other

evidence relating to the cause and extent of the damage, loss, or

destruction, and resulting economic loss, claimed, as the Secretary

shall prescribe by regulation. The Secretary shall promptly, but

not later than sixty days after receipt of an application,

consider, and issue an initial determination with respect to, the

application.

(2) The amount of compensation awarded to any vessel owner under

this section shall be -

(A) the depreciated replacement cost, or the repair cost,

whichever cost is less, of the fishing vessel or the fishing gear

concerned; and

(B) 25 percent of any resulting economic loss.

Any amount determined pursuant to subparagraph (A) or (B) shall be

reduced to the extent that evidence indicates that negligence by

the vessel owner or operator contributed to the cause or the extent

of the damage, loss, or destruction and shall be further reduced by

the amount of compensation, if any, that the vessel owner or

operator has received or will receive with respect to the damage,

loss, destruction, or resulting economic loss through insurance,

pursuant to any other provision of law, or otherwise.

(3) The initial determination made by the Secretary under

paragraph (1) with respect to any application shall -

(A) if the application is disapproved, set forth the reasons

therefor; or

(B) if the application is approved, set forth the amount of

compensation to which the applicant is entitled and the basis on

which such amount was determined.

(4) Any vessel owner who is aggrieved by any decision of the

Secretary contained in the initial determination of the Secretary

regarding such owner's application may, within thirty days after

the date of issue of the initial determination, petition the

Secretary for a review of the decision. If petition for review is

not made to the Secretary within such thirty-day period regarding

the initial determination, the initial determination shall be

deemed to be the final determination on the application. Before

undertaking any such review, the Secretary shall provide to the

vessel owner opportunity to submit additional written or oral

evidence relating to the decision. After review the Secretary shall

issue a final determination with respect to the application.

(5) If compensation is awarded under the final determination on

any application, the Secretary shall promptly pay from the fund to

such owner the amount of compensation stated in the final

determination. Upon the acceptance of such payment by the vessel

owner, the United States shall be subrogated to all rights of the

vessel owner with respect to which the payment is made.

(e) Surcharge on foreign fishing vessels

In addition to any fee imposed under section 204(b)(10) of the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1824(b)(10)) with respect to any foreign fishing vessel for any

year after 1978, the Secretary shall impose a surcharge in an

amount not to exceed 20 percent of the amount of the fee imposed

under such section for such year. The failure to pay any surcharge

imposed under this subsection with respect to any foreign fishing

vessel shall be treated by the Secretary as a failure to pay the

fee for such vessel under such section 204(b)(10).

(f) Fishing Vessel and Gear Damage Compensation Fund; requirements,

etc.

(1) There is established in the Treasury of the United States the

Fishing Vessel and Gear Damage Compensation Fund. The fund shall be

available without fiscal year limitation as a revolving fund for

the purposes of administering, and paying compensation awarded

under, this section.

(2) The fund shall consist of -

(A) all sums recovered by the United States in the exercise of

rights subrogated to it under subsection (d)(5) of this section;

(B) all administrative fees collected under subsection (c)(2)

of this section;

(C) all surcharges collected under subsection (e) of this

section;

(D) revenues received from deposits or investments made under

the last sentence of this paragraph; and

(E) any revenue acquired through the issuance of obligations

under paragraph (3).

Sums may be expended from the fund only to such extent and in such

amounts as are provided in advance in appropriation Acts. Sums in

the fund which are not currently needed for the purpose of paying

such awards shall be kept on deposit or invested in obligations of,

or guaranteed by, the United States.

(3) Whenever the amount in the fund is not sufficient to pay

compensation under this section, the Secretary may issue, in an

amount not to exceed $5,000,000, notes or other obligations to the

Secretary of the Treasury, in such forms and denominations, bearing

such maturities, and subject to such terms and conditions as the

Secretary of the Treasury may prescribe. Such notices (!2) or other

obligations shall bear interest at a rate to be determined by the

Secretary of the Treasury on the basis of the current average

market yield on outstanding marketable obligations of the United

States of comparable maturities during the month preceding the

issuance of such notices (!2) or other obligations. Moneys obtained

by the Secretary under this paragraph shall be deposited in the

fund and redemptions of any such notices (!2) or other obligations

shall be made from the fund. The Secretary of the Treasury shall

purchase any such notes or other obligations, and for such purpose

he may use as a public debt transaction the proceeds from the sale

of any securities issued under chapter 31 of title 31. The

Secretary of the Treasury may sell any such notices (!2) or other

obligations at such times and prices and upon such terms and

conditions as he shall determine. All purchases, redemptions, and

sales of such notes or other obligations by the Secretary of the

Treasury shall be treated as public debt transactions of the United

States. All borrowing authority contained herein shall be effective

only to such extent or in such amounts as are provided in advance

in appropriation Acts.

(g) Penalty for false or misleading statements

Any person who willfully makes any false or misleading statement

or representation for the purpose of obtaining compensation under

this section is guilty of a criminal offense and, upon conviction

thereof, shall be punished by a fine of not more than $25,000, or

by imprisonment for not more than one year, or both.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 10, as added Pub. L. 95-194, Sec. 2,

Nov. 18, 1977, 91 Stat. 1413; amended Pub. L. 95-376, Sec. 3(a),

Sept. 18, 1978, 92 Stat. 715; Pub. L. 96-289, Sec. 4(b), June 28,

1980, 94 Stat. 606; Pub. L. 96-561, title II, Secs. 238(b), 241,

Dec. 22, 1980, 94 Stat. 3300, 3301; Pub. L. 104-208, div. A, title

I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat.

3009, 3009-41.)

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1802), referred to in subsec. (a)(1),

contained a prior par. (8) defining "fishery conservation zone"

which was repealed and a new par. defining "exclusive economic

zone" was added by Pub. L. 99-659, title I, Sec. 101(a), Nov. 14,

1986, 100 Stat. 3706.

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (b)(1)(A), is Pub. L. 94-265, Apr. 13, 1976,

90 Stat. 331, as amended, which is classified principally to

chapter 38 (Sec. 1801 et seq.) of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 1801 of Title 16 and Tables.

-COD-

CODIFICATION

In subsec. (f)(3), "chapter 31 of title 31" substituted for "the

Second Liberty Bond Act" on authority of Pub. L. 97-258, Sec. 4(b),

Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted

Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1996 - Subsecs. (a)(1), (b)(1)(A), (e). Pub. L. 104-208

substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery".

1980 - Subsec. (a)(1). Pub. L. 96-561, Sec. 238(b), substituted

"Magnuson Fishery Conservation and Management Act" for "Fishery

Conservation and Management Act of 1976".

Subsec. (a)(4). Pub. L. 96-561, Sec. 241(1), added par. (4).

Subsec. (b). Pub. L. 96-561, Secs. 238(b), 241(2), inserted in

provision preceding par. (1) "and for any resulting economic loss"

after "or both," substituted "Magnuson Fishery Conservation and

Management Act" for "Fishery Conservation and Management Act of

1976", struck out provision in par. (2)(B) permitting compensation

in the case of fishing gear lost, damaged, or destroyed by an act

of God, and inserted provision following par. (2)(B) establishing

for purposes of subpar. (B) a rebuttable presumption that any

damage, loss, or destruction of fishing gear is attributable to

another vessel.

Subsec. (c). Pub. L. 96-561, Sec. 241(3), inserted in provision

preceding par. (1) "and resulting economic loss" after

"destruction".

Pub. L. 96-289 substituted "90" for "sixty" in par. (1).

Subsec. (d). Pub. L. 96-561, Sec. 241(4), inserted in par. (1) ",

and resulting economic loss," after "destruction" and in par. (2)

included within the amount of compensation awarded to any vessel

owner 25 percent of any resulting economic loss.

Subsec. (e). Pub. L. 96-561, Sec. 238(b), substituted "Magnuson

Fishery Conservation and Management Act" for "Fishery Conservation

and Management Act of 1976".

1978 - Subsec. (a). Pub. L. 95-376 substituted provisions

defining "fishery", "fishing conservation zone", "fishing",

"fishing vessel", "Secretary", "vessel of the United States",

"fishing gear" and "fund" for provisions authorizing the Secretary

to make a loan to an owner or operator whose commercial fishing

vessel or its fishing gear was lost, damaged or destroyed by any

vessel of a foreign nation.

Subsec. (b). Pub. L. 95-376 substituted provisions setting forth

the causes of the damage, loss, or destruction of the vessel or its

gear for which compensation is payable for provisions authorizing

the Secretary to conduct an investigation of each incident of loss,

damage or destruction for which the owner received a loan and

allowing for repayment or cancellation of such loan depending on

fault or nonfault of owner.

Subsec. (c). Pub. L. 95-376 substituted provisions setting forth

the administrative provisions for making a claim for compensation

for provisions directing the Secretary, with the assistance of the

Attorney General, the Secretary of State, and the claimant, to take

appropriate action to collect on any rights assigned to him, and

directing how any sums recovered shall be dispensed.

Subsec. (d). Pub. L. 95-376 substituted provisions setting forth

the form, manner and documentation of the application, the amount

of compensation payable, procedure for review of the initial

determination of eligibility and prompt payment upon finding of

such eligibility for provisions defining "Secretary" as the

"Secretary of Commerce".

Subsec. (e). Pub. L. 95-376 substituted provisions authorizing

the imposition of a maximum 20 per cent surcharge in addition to

any fee imposed under section 1824(b)(10) of title 16 for

provisions authorizing the Secretary to establish by regulation

fees to recover the cost of administering this section.

Subsecs. (f), (g). Pub. L. 95-376 added subsecs. (f) and (g).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 3(b) of Pub. L. 95-376 provided that: "The amendment made

by subsection (a) [amending this section] shall take effect January

1, 1979."

SAVINGS PROVISION

Section 3(c) of Pub. L. 95-376 provided that: "Nothing in the

amendment made by subsection (a) [amending this section] shall be

construed as affecting in any manner or to any extent any loan made

under section 10 of the Fishermen's Protective Act of 1967 (as in

effect before January 1, 1979) [this section], and, for purposes of

the consideration by the Secretary of Commerce of any application

for a loan under such section which was filed, but not acted on,

before January 1, 1979, the amendment made by subsection (a) shall

not be deemed to have been enacted."

COMPENSATION FOR CERTAIN FISHING VESSEL AND GEAR DAMAGE;

APPLICATION

Section 240(a), (b)(1) of Pub. L. 96-561 provided that:

"(a) In General. - If -

"(1) any owner or operator of a fishing vessel who suffered,

after September 17, 1978, and before the date of the enactment of

this title [Dec. 22, 1980], damage to, or loss or destruction of,

such vessel or fishing gear used with such vessel, but did not

apply for compensation therefor under section 10 of the

Fishermen's Protective Act of 1967 (22 U.S.C. 1980) within the

60-day period prescribed in subsection (c)(1) of such section; or

"(2) any commercial fisherman who suffered, after September 17,

1978, and before the date of the enactment of this title, damages

compensable under title IV of the Outer Continental Shelf Lands

Act of 1978 (43 U.S.C. 1841 et seq.), but who did not timely file

a claim therefor within the 60-day period prescribed in section

405(a) of such Act [43 U.S.C. 1845(a)];

such owner or operator may make application for compensation with

respect to such damage, loss or destruction under such section 10

[this section], and such commercial fisherman may file a claim for,

compensation for such damages under such title IV [43 U.S.C. 1841

et seq.], to the Secretary of Commerce, within the 60-day period

beginning on the date of the enactment of this title [Dec. 22,

1980].

"(b) Special Provisions. - (1) Notwithstanding any other

provision of law -

"(A) any application or filing timely made under subsection (a)

shall be treated by the Secretary of Commerce as an application

timely made under such section 10(c)(1) [subsec. (c)(1) of this

section], or as a filing timely made under such section 405(a)

[43 U.S.C. 1845(a)], as the case may be, with respect to the

damage, loss, or destruction claimed; and

"(B) any claim for fishing gear loss that was pending on June

1, 1980, before the United States-Union of Soviet Socialist

Republics Fisheries Claims Board or the American-Spanish

Fisheries Board shall be treated by the Secretary of Commerce as

a timely application made, on the date of the enactment of this

title [Dec. 22, 1980], under such section 10(c)(1) [subsec.

(c)(1) of this section] for compensation for such loss."

TIMELY APPLICATIONS FOR COMPENSATION

Section 4(a) of Pub. L. 96-289 provided that: "Notwithstanding

the provisions of section 10(c)(1) of the Fishermens Protective Act

of 1967 (22 U.S.C. 1980) [subsec. (c)(1) of this section]

applications for compensation under such Act [this chapter], filed

within 90 days after the date of enactment of this subsection [June

28, 1980] shall be deemed to be timely filed."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 1821.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "notes".

-End-

-CITE-

22 USC Sec. 1980a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1980a. Reimbursement of owner for fee paid to navigate foreign

waters if fee inconsistent with international law

-STATUTE-

(a) Reimbursable fees

In any case on or after June 15, 1994, in which a vessel of the

United States exercising its right of passage is charged a fee by

the government of a foreign country to engage in transit passage

between points in the United States (including a point in the

exclusive economic zone or in an area over which jurisdiction is in

dispute), and such fee is regarded by the United States as being

inconsistent with international law, the Secretary of State shall,

subject to the availability of appropriated funds, reimburse the

vessel owner for the amount of any such fee paid under protest.

(b) Documentation

In seeking such reimbursement, the vessel owner shall provide,

together with such other information as the Secretary of State may

require -

(1) a copy of the receipt for payment;

(2) an affidavit attesting that the owner or the owner's agent

paid the fee under protest; and

(3) a copy of the vessel's certificate of documentation.

(c) Timeliness

Requests for reimbursement shall be made to the Secretary of

State within 120 days after the date of payment of the fee, or

within 90 days after November 3, 1995, whichever is later.

(d) Funding; appropriations

Such funds as may be necessary to meet the requirements of this

section may be made available from the unobligated balance of

previously appropriated funds remaining in the Fishermen's

Protective Fund established under section 1979 of this title. To

the extent that requests for reimbursement under this section

exceed such funds, there are authorized to be appropriated such

sums as may be needed for reimbursements authorized under

subsection (a) of this section, which shall be deposited in the

Fishermen's Protective Fund established under section 1979 of this

title.

(e) Claim against foreign government

The Secretary of State shall take such action as the Secretary

deems appropriate to make and collect claims against the foreign

country imposing such fee for any amounts reimbursed under this

section.

(f) "Owner" defined

For purposes of this section, the term "owner" includes any

charterer of a vessel of the United States.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 11, as added Pub. L. 104-43, title

IV, Sec. 402(a), Nov. 3, 1995, 109 Stat. 389.)

-MISC1-

CONGRESSIONAL FINDINGS

Section 401 of Pub. L. 104-43 provided that: "The Congress finds

that -

"(1) customary international law and the United Nations

Convention on the Law of the Sea guarantee the right of passage,

including innocent passage, to vessels through the waters

commonly referred to as the 'Inside Passage' off the Pacific

Coast of Canada;

"(2) in 1994 Canada required all commercial fishing vessels of

the United States to pay 1,500 Canadian dollars to obtain a

'license which authorizes transit' through the Inside Passage;

"(3) this action was inconsistent with international law,

including the United Nations Convention on the Law of the Sea,

and, in particular, Article 26 of that Convention, which

specifically prohibits such fees, and threatened the safety of

United States commercial fishermen who sought to avoid the fee by

traveling in less protected waters;

"(4) the Fishermen's Protective Act of 1967 [22 U.S.C. 1971 et

seq.] provides for the reimbursement of vessel owners who are

forced to pay a license fee to secure the release of a vessel

which has been seized, but does not permit reimbursement of a fee

paid by the owner in advance in order to prevent a seizure;

"(5) Canada required that the license fee be paid in person in

2 ports on the Pacific Coast of Canada, or in advance by mail;

"(6) significant expense and delay was incurred by commercial

fishing vessels of the United States that had to travel from the

point of seizure back to one of those ports in order to pay the

license fee required by Canada, and the costs of that travel and

delay cannot be reimbursed under the Fishermen's Protective Act;

"(7) the Fishermen's Protective Act of 1967 should be amended

to permit vessel owners to be reimbursed for fees required by a

foreign government to be paid in advance in order to navigate in

the waters of that foreign country if the United States considers

that fee to be inconsistent with international law;

"(8) the Secretary of State should seek to recover from Canada

any amounts paid by the United States to reimburse vessel owners

who paid the transit license fee;

"(9) the United States should review its current policy with

respect to anchorage by commercial fishing vessels of Canada in

waters of the United States off Alaska, including waters in and

near the Dixon Entrance, and should accord such vessels the same

treatment that commercial fishing vessels of the United States

are accorded for anchorage in the waters of Canada off British

Columbia;

"(10) the President should ensure that, consistent with

international law, the United States Coast Guard has available

adequate resources in the Pacific Northwest and Alaska to provide

for the safety of United States citizens, the enforcement of

United States law, and to protect the rights of the United States

and keep the peace among vessels operating in disputed waters;

"(11) the President should continue to review all agreements

between the United States and Canada to identify other actions

that may be taken to convince Canada that any reinstatement of

the transit license fee would be against Canada's long-term

interests, and should immediately implement any actions which the

President deems appropriate if Canada reinstates the fee;

"(12) the President should continue to convey to Canada in the

strongest terms that the United States will not now, nor at any

time in the future, tolerate any action by Canada which would

impede or otherwise restrict the right of passage of vessels of

the United States in a manner inconsistent with international

law; and

"(13) the United States should continue its efforts to seek

expeditious agreement with Canada on appropriate fishery

conservation and management measures that can be implemented

through the Pacific Salmon Treaty to address issues of mutual

concern."

-End-

-CITE-

22 USC Sec. 1980b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 25 - PROTECTION OF VESSELS ON THE HIGH SEAS AND IN

TERRITORIAL WATERS OF FOREIGN COUNTRIES

-HEAD-

Sec. 1980b. Sanctions for imposition of conditions on U.S. fishing

vessel found inconsistent with international law

-STATUTE-

(a) Certification

If the Secretary of State finds that the government of any nation

imposes conditions on the operation or transit of United States

fishing vessels which the United States regards as being

inconsistent with international law or an international agreement,

the Secretary of State shall certify that fact to the President.

(b) Sanctions

Upon receipt of a certification under subsection (a) of this

section, the President shall direct the heads of Federal agencies

to impose similar conditions on the operation or transit of fishing

vessels registered under the laws of the nation which has imposed

conditions on United States fishing vessels.

(c) "Fishing vessel" defined

For the purposes of this section, the term "fishing vessel" has

the meaning given that term in section 2101(11a) of title 46.

(d) Sanctions commensurate with conditions certified

It is the sense of the Congress that any action taken by any

Federal agency under subsection (b) of this section should be

commensurate with any conditions certified by the Secretary of

State under subsection (a) of this section.

-SOURCE-

(Aug. 27, 1954, ch. 1018, Sec. 12, as added Pub. L. 104-43, title

IV, Sec. 402(b), Nov. 3, 1995, 109 Stat. 390.)

-End-