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22 U.S.C. § 1980 — Compensation for loss or destruction of commercial fishing vessel or gear
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim)).11 See References in Text note below.
(2) The term “fishing gear” means any equipment or appurtenance which is necessary for the carrying out of fishing operations by a fishing vessel, whether or not such equipment or appurtenance is attached to such vessel.
(3) The term “fund” means the Fishing Vessel and Gear Damage Compensation Fund established under subsection (f).
(4) The term “resulting economic loss” means the gross income, as estimated by the Secretary, that a fishing vessel owner or operator who is eligible for compensation under this section for damage to, loss of, or destruction of, a fishing vessel or the fishing gear used with such vessel will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the vessel or gear, or both, are repaired or replaced and available for use.
**(b) Causes of loss or destruction** Subject to the provisions of this section, the owner or operator (hereinafter referred to as the “vessel owner”) of any fishing vessel which is a vessel of the United States is eligible for monetary compensation under this section for any damage to, loss of, or destruction of such vessel, or any fishing gear used with such vessel, or both, and for any resulting economic loss, if the damage, loss, or destruction—
(1) in the case of such vesse
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Source location: Title 22, Chapter 25, § 1980; chapter-025-protection-of-vessels-on-the-high-seas-and-in-territorial-waters-of-foreign-countries.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim)).11 See References in Text note below.
(2) The term “fishing gear” means any equipment or appurtenance which is necessary for the carrying out of fishing operations by a fishing vessel, whether or not such equipment or appurtenance is attached to such vessel.
(3) The term “fund” means the Fishing Vessel and Gear Damage Compensation Fund established under subsection (f).
(4) The term “resulting economic loss” means the gross income, as estimated by the Secretary, that a fishing vessel owner or operator who is eligible for compensation under this section for damage to, loss of, or destruction of, a fishing vessel or the fishing gear used with such vessel will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the vessel or gear, or both, are repaired or replaced and available for use.
**(b) Causes of loss or destruction** Subject to the provisions of this section, the owner or operator (hereinafter referred to as the “vessel owner”) of any fishing vessel which is a vessel of the United States is eligible for monetary compensation under this section for any damage to, loss of, or destruction of such vessel, or any fishing gear used with such vessel, or both, and for any resulting economic loss, if the damage, loss, or destruction—
(1) in the case of such vessel—
(A) occurs when such vessel is engaged in any fishery subject to the exclusive fishery management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824/b/10&num=0&edition=prelim)) with respect to any foreign fishing vessel for any year after 1978, the Secretary shall impose a surcharge in an amount not to exceed 20 percent of the amount of the fee imposed under such section for such year. The failure to pay any surcharge imposed under this subsection with respect to any foreign fishing vessel shall be treated by the Secretary as a failure to pay the fee for such vessel under such section 204(b)(10).
**(f) Fishing Vessel and Gear Damage Compensation Fund; requirements, etc.**
(1) There is established in the Treasury of the United States the Fishing Vessel and Gear Damage Compensation Fund. The fund shall be available without fiscal year limitation as a revolving fund for the purposes of administering, and paying compensation awarded under, this section.
(2) The fund shall consist of—
(A) all sums recovered by the United States in the exercise of rights subrogated to it under subsection (d)(5);
(B) all administrative fees collected under subsection (c)(2);
(C) all surcharges collected under subsection (e);
(D) revenues received from deposits or investments made under the last sentence of this paragraph; and
(E) any revenue acquired through the issuance of obligations under paragraph (3).
Sums may be expended from the fund only to such extent and in such amounts as are provided in advance in appropriation Acts. Sums in the fund which are not currently needed for the purpose of paying such awards shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.
(3) Whenever the amount in the fund is not sufficient to pay compensation under this section, the Secretary may issue, in an amount not to exceed $5,000,000, notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such notices 22 So in original. Probably should be “notes”. or other obligations shall bear interest at a rate to be determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notices 2 or other obligations. Moneys obtained by the Secretary under this paragraph shall be deposited in the fund and redemptions of any such notices 2 or other obligations shall be made from the fund. The Secretary of the Treasury shall purchase any such notes or other obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31. The Secretary of the Treasury may sell any such notices 2 or other obligations at such times and prices and upon such terms and conditions as he shall determine. All purchases, redemptions, and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. All borrowing authority contained herein shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.
**(g) Penalty for false or misleading statements** Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining compensation under this section is guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or both.
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are to—
(1) establish policies and procedures for managing the oil and natural gas resources of the Outer Continental Shelf which are intended to result in expedited exploration and development of the Outer Continental Shelf in order to achieve national economic and energy policy goals, assure national security, reduce dependence on foreign sources, and maintain a favorable balance of payments in world trade;
(2) preserve, protect, and develop oil and natural gas resources in the Outer Continental Shelf in a manner which is consistent with the need (A) to make such resources available to meet the Nation’s energy needs as rapidly as possible, (B) to balance orderly energy resource development with protection of the human, marine, and coastal environments, (C) to insure the public a fair and equitable return on the resources of the Outer Continental Shelf, and (D) to preserve and maintain free enterprise competition;
(3) encourage development of new and improved technology for energy resource production which will eliminate or minimize risk of damage to the human, marine, and coastal environments;
(4) provide States, and through States, local governments, which are impacted by Outer Continental Shelf oil and gas exploration, development, and production with comprehensive assistance in order to anticipate and plan for such impact, and thereby to assure adequate protection of the human environment;
(5) assure that States, and through States, local governments, have timely access to information regarding activities on the Outer Continental Shelf, and opportunity to review and comment on decisions relating to such activities, in order to anticipate, ameliorate, and plan for the impacts of such activities;
(6) assure that States, and through
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, unless the context otherwise requires—
(1) The term “anadromous species” means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.
(2) The term “bycatch” means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program.
(3) The term “charter fishing” means fishing from a vessel carrying a passenger for hire (as defined in [section 2101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)) who is engaged in recreational fishing.
(4) The term “commercial fishing” means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade.
(5) The term “conservation and management” refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that—
(i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;
(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and
(iii) there will be a multiplicity of options available with respect to future uses of these resources.
(6) The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territor
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing requirement; time to file** Any commercial fisherman suffering damages compensable under this subchapter may file a claim for compensation with the Secretary under subsection (d)(1).
**(b) Transmittal of copy of claim to Secretary of the Interior; reference to Secretary** Upon receipt of any claim under this section, the Secretary shall transmit a copy of the claim to the Secretary of the Interior and shall take such further action regarding the claim that is required under subsection (d).
**(c) Notification to persons engaged in activities associated with Outer Continental Shelf energy activities; response of persons notified; submittal of evidence** The Secretary of the Interior shall make reasonable efforts to notify all persons known to have engaged in activities associated with Outer Continental Shelf energy activity in the vicinity. Each such person shall promptly notify the Secretary and the Secretary of the Interior as to whether he admits or denies responsibility for the damages claimed. Any such person, including lessees or permittees or their contractors or subcontractors, may submit evidence at any proceeding conducted with respect to such claim.
**(d) Acceptance of claim by Secretary; time to render decision; review of initial determination**
(1) The Secretary shall, under regulations prescribed pursuant to [section 1843(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1843/a&num=0&edition=prelim), specify the time, form and manner in which claims must be filed.
(2) The Secretary may not accept any claim that does not meet the filing requirements specified under paragraph (1), and shall give a claimant whose claim is not accepted written notice of the reasons for nonacceptance. Such written noti
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Federal law — U.S. Code and appendices · legal_authorities
Page 1991
TITLE 16—CONSERVATION
§ 1801
Sec.
1826k.
Equivalent conservation measures.
1827.
Observer program regarding certain foreign
fishing.
1827a.
Prohibition on sale of billfish.
1828.
Foreign fishing incursions.
1829.
International monitoring and compliance.
SUBCHAPTER IV—NATIONAL FISHERY
MANAGEMENT PROGRAM
1851.
National standards for fishery conservation
and management.
1852.
Regional Fishery Management Councils.
1853.
Contents of fishery management plans.
1853a.
Limited access privilege programs.
1854.
Action by Secretary.
1855.
Other requirements and authority.
1856.
State jurisdiction.
1857.
Prohibited acts.
1858.
Civil penalties and permit sanctions.
1859.
Criminal offenses.
1860.
Civil forfeitures.
1861.
Enforcement.
1861a.
Transition to sustainable fisheries.
1861b.
Fisheries enforcement plans and reporting.
1862.
North Pacific fisheries conservation.
1863.
Northwest Atlantic Ocean Fisheries Reinvest-
ment Program.
1864.
Repealed.
1865.
Bycatch reduction engineering program.
1866.
Shark feeding.
1867.
Cooperative research and management pro-
gram.
1868.
Herring study.
1869.
Restoration study.
SUBCHAPTER V—FISHERY MONITORING AND
RESEARCH
1881.
Registration and information management.
1881a.
Information collection.
1881b.
Observers.
1881c.
Fisheries research.
1881d.
Incidental harvest research.
1882.
Fisheries systems research.
1883.
Gulf of Mexico red snapper research.
1884.
Deep sea coral research and technology pro-
gram.
1885.
Seafood import monitoring program.
1885a.
Report on Seafood Import Monitoring Pro-
gram.
SUBCHAPTER VI—MISCELLANEOUS
1891.
Investment in United States seafood proc-
essing facilities.
1891a.
Community-based restoration program for
fishery and coast
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
Page 1999
TITLE 16—CONSERVATION
§ 1802
(b) In addition to the Co-Chairs, the Seafood Trade
Task Force shall include the following members, or
their designees:
(i) the Secretary of State;
(ii) the Secretary of the Interior;
(iii) the Secretary of Agriculture;
(iv) the Secretary of Homeland Security;
(v) the Director of the Office of Management and
Budget;
(vi) the Assistant to the President for Economic Pol-
icy;
(vii) the Assistant to the President for Domestic Pol-
icy;
(viii) the Chairman of the Council of Economic Advis-
ers;
(ix) the Under Secretary of Commerce for Inter-
national Trade;
(x) the Commissioner of Food and Drugs;
(xi) the Administrator of NOAA; and
(xii) the heads of such other agencies and offices as
the Co-Chairs may designate.
(c) Within 90 days of the date of this order, the Sea-
food Trade Task Force shall provide recommendations
to the Office of the United States Trade Representative
in the preparation of a comprehensive interagency sea-
food trade strategy that identifies opportunities to im-
prove access to foreign markets through trade policy
and negotiations, resolves technical barriers to United
States seafood exports, and otherwise supports fair
market access for United States seafood products.
(d) Within 90 days of the date on which the Seafood
Trade Task Force provides the recommendations de-
scribed in subsection (c) of this section, the Office of
the United States Trade Representative, in consulta-
tion with the Trade Policy Staff Committee and the
Seafood Trade Task Force, shall submit to the Presi-
dent, through the Assistant to the President for Eco-
nomic Policy and the Assistant to the President for Do-
mestic Policy, the comprehensive interagency seafood
trade strategy described in subsection (c) of this
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** After February 28, 1977, no foreign fishing vessel shall engage in fishing within the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond such zone, unless such vessel has on board a valid permit issued under this section for such vessel.
**(b) Applications and permits under governing international fishery agreements**
(1) **Eligibility; duration** — Each foreign nation with which the United States has entered into a governing international fishery agreement shall submit an application to the Secretary of State each year for a permit for each of its fishing vessels that wishes to engage in fishing described in subsection (a). No permit issued under this section may be valid for longer than a year; and [section 558(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section558/c&num=0&edition=prelim) does not apply to the renewal of any such permit.
(2) **Forms** — The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall prescribe the forms for permit applications submitted under this subsection and for permits issued pursuant to any such application.
(3) **Contents** — Any application made under this subsection shall specify—
(A) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof;
(B) the tonnage, hold capacity, speed, processing equipment, type and quantity of fishing gear, and such other pertinent information with respect to characteristics of each such vessel as the Secretary may require;
(C) each fishery in which each such vessel wishes to fish;
(D) the estimated amo
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1824
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Federal law — U.S. Code and appendices · legal_authorities
Page 2021
TITLE 16—CONSERVATION
§ 1824
(2) the Government of the United States and the
Government of the Socialist Republic of Romania
Concerning Fisheries Off the Coasts of the United
States;
(3) the Government of the United States and the
Government of the Republic of China Concerning
Fisheries Off the Coasts of the United States;
(4) the Government of the United States and the
Government of the German Democratic Republic
Concerning Fisheries Off the Coasts of the United
States;
(5) the Government of the United States and the
Government of the Union of Soviet Socialist Repub-
lics Concerning Fisheries Off the Coasts of the United
States;
(6) the Government of the United States and the
Government of the Polish People’s Republic Con-
cerning Fisheries Off the Coasts of the United States;
(7) the Government of the United States and the
European Economic Community Concerning Fish-
eries Off the Coasts of the United States;
(8) the Government of the United States and the
Government of Japan Concerning Fisheries Off the
Coasts of the United States (for 1977);
(9) the Government of the United States and the
Government of the Republic of Korea Concerning
Fisheries Off the Coasts of the United States;
(10) the Government of the United States and the
Government of Spain Concerning Fisheries Off the
Coasts of the United States;
(11) the Government of the United States and the
Government of Mexico Concerning Fisheries Off the
Coasts of the United States;
(12) the Government of the United States and the
Government of the Union of Soviet Socialist Repub-
lics referred to in par. (5), as extended until July 1,
1983, pursuant to Diplomatic Notes;
(13) the American Institute in Taiwan and the Co-
ordination Council for North American Affairs;
(14) the
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1980
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