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22 U.S.C. § 1972 — Action by Secretary of State upon seizure of vessel by foreign country; preconditions
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_b0e73e275642daadf01353b1
Source file: Laws/federal/codes/united-states-code/title-22/section-1972-action-by-secretary-of-state-upon-seizure-of-vessel-by-foreign-country-p--062b1e9058.md
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Source location: Title 22, Chapter 25, § 1972; chapter-025-protection-of-vessels-on-the-high-seas-and-in-territorial-waters-of-foreign-countries.md
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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
(iii) to determine the amount of any fine, license, fee, registration fee, or other direct charge reimbursable under [section 1973(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973/a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of this chapter shall not apply with respect to a seizure made by a country at war with the United States or a seizure made in accordance with the provisions of any applicable convention or treaty, if that treaty or convention was made with advice and consent to 11 So in original. Probably should be “of”. the Senate and was in force and effect for the United States and the seizing country at the time of the seizure.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1974
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1973
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In the exclusive economic zone** Except as provided in [section 1812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1812&num=0&edition=prelim), the United States claims, and will exercise in the manner provided for in this chapter, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone.
**(b) Beyond the exclusive economic zone** The United States claims, and will exercise in the manner provided for in this chapter, exclusive fishery management authority over the following:
(1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.
(2) All Continental Shelf fishery resources beyond the exclusive economic zone.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1811
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1979
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Federal law — U.S. Code and appendices · legal_authorities
The seizure by a Pacific Island Party of a vessel of the United States shall not be determined to be a seizure described in [section 1825(a)(4)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1825/a/4/C&num=0&edition=prelim) or [section 1972 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1972&num=0&edition=prelim) if the seizure is found by the Secretary of State to be in accordance with the provisions of the Treaty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 973a
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Federal law — U.S. Code and appendices · legal_authorities
**(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 [
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1975
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1972&num=0&edition=prelim), the Secretary shall guarantee—
(1) the owner of such vessel for all actual costs, except those covered by [section 1973 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1977
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2005
TITLE 16—CONSERVATION
§ 1812
SUBCHAPTER II—UNITED STATES RIGHTS
AND AUTHORITY REGARDING FISH AND
FISHERY RESOURCES
§ 1811. United States sovereign rights to fish and
fishery management authority
(a) In the exclusive economic zone
Except as provided in section 1812 of this title,
the United States claims, and will exercise in
the manner provided for in this chapter, sov-
ereign rights and exclusive fishery management
authority over all fish, and all Continental Shelf
fishery resources, within the exclusive economic
zone.
(b) Beyond the exclusive economic zone
The United States claims, and will exercise in
the manner provided for in this chapter, exclu-
sive fishery management authority over the fol-
lowing:
(1) All anadromous species throughout the
migratory range of each such species beyond
the exclusive economic zone; except that that
management authority does not extend to any
such species during the time they are found
within any waters of a foreign nation.
(2) All Continental Shelf fishery resources
beyond the exclusive economic zone.
(Pub. L. 94–265, title I, § 101, Apr. 13, 1976, 90 Stat.
336; Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986,
100 Stat. 3706; Pub. L. 101–627, title I, § 102(b),
Nov. 28, 1990, 104 Stat. 4438; Pub. L. 102–251, title
III, § 301(c), Mar. 9, 1992, 106 Stat. 62.)
AMENDMENT OF SECTION
Pub. L. 102–251, title III, §§ 301(c), 308, Mar. 9,
1992, 106 Stat. 62, 66, provided that, effective on
the date on which the Agreement between the
United States and the Union of Soviet Socialist
Republics on the Maritime Boundary, signed
June 1, 1990, enters into force for the United
States, with authority to prescribe implementing
regulations effective Mar. 9, 1992, but with no
such regulation to be effective
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1811
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1811. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 488
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 1972
1 So in original. Probably should be followed by ‘‘or’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–208, div. A, title I, § 101(a) [title II,
§ 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided
that the amendment made by that section is effective
15 days after Oct. 11, 1996.
EFFECTIVE DATE OF 1980 AMENDMENT
Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat.
3300, provided that the amendment made by that sec-
tion is effective 15 days after Dec. 22, 1980.
EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95–541, § 14(b), Oct. 28, 1978, 92 Stat. 2057, pro-
vided that the amendment made by section 14(a) of
Pub. L. 95–541, amending this section, was to take ef-
fect Jan. 1, 1978, prior to the general amendment by
Pub. L. 104–227, title I, § 107, Oct. 2, 1996, 110 Stat. 3042.
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–450, title I, § 101, Nov. 7, 2000, 114 Stat.
1941, provided that: ‘‘This title [amending section 1977
of this title] may be cited as the ‘Fishermen’s Protec-
tive Act Amendments of 2000’.’’
SHORT TITLE
Pub. L. 90–482, § 4, Aug. 12, 1968, 82 Stat. 730, provided
that: ‘‘The Act of August 27, 1954 (68 Stat. 883; 22 U.S.C.
1971–1976), as amended by this Act [this chapter], may
be cited as the ‘Fishermen’s Protective Act of 1967’.’’
§ 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 ju-
risdiction recognized by the United States but
exercised in a manner inconsistent with inter-
national law as recognized by
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1972
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.