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22 U.S.C. § 1979 — Fishermen’s Protective Fund

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1979 — Fishermen’s Protective Fund

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1975/a&num=0&edition=prelim) shall be deposited in the fund and shall be available for the purpose of reimbursing vessel owners under [section 1973 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973&num=0&edition=prelim); except that if a transfer to the fund was made pursuant to [section 1975(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1975/b/1&num=0&edition=prelim) 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.

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Stable record: federal_law:legal_authorities:record_usc_90cac9124a589c949806c301
Source file: Laws/federal/codes/united-states-code/title-22/section-1979-fishermens-protective-fund--00c29f1d75.md
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Source location: Title 22, Chapter 25, § 1979; chapter-025-protection-of-vessels-on-the-high-seas-and-in-territorial-waters-of-foreign-countries.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1972&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1979&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1972/b&num=0&edition=prelim) of the amounts of the fines, fees, and other direct charges which were paid by the owners to secure the

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1972 — Action by Secretary of State upon seizure of vessel by foreign country; preconditions

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1811&num=0&edition=prelim) 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

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1975 — Claims for amounts expended because of seizure

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1977&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) 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 [

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1980a — Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1979&num=0&edition=prelim). 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

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1979 — Fishermen’s Protective Fund

Page 495 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1980 1 See References in Text note below. respect to the United States’’ for ‘‘to which the United States is a signatory party’’. Subsec. (g)(5) to (7). Pub. L. 95–376, § 2(7)(C), added pars. (5) to (7). Statutory Notes and Related Subsidiaries 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 Proce- dure. Previously ‘‘United States magistrates’’ sub- stituted for ‘‘United States commissioners’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ 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. § 1979. Fishermen’s Protective Fund 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 Sec- retary of State from any foreign country pursu- ant to section 1975(a) of this title shall be depos- ited in the fund and shall be available for the purpose of reimbursing vessel owners under sec- tion 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 su

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