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22 U.S.C. § 1977 — Reimbursement for seized commercial fishermen

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

22 U.S.C. § 1977 — Reimbursement for seized commercial fishermen

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Source file: Laws/federal/codes/united-states-code/title-22/section-1977-reimbursement-for-seized-commercial-fishermen--ff892e6faf.md
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Source location: Title 22, Chapter 25, § 1977; chapter-025-protection-of-vessels-on-the-high-seas-and-in-territorial-waters-of-foreign-countries.md

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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1975/b/2&num=0&edition=prelim) with respect to an unpaid claim and such claim is later paid, the amount so paid shall be covered into the Treasury as miscellaneous receipts. All payments under this section shall be made first out of such fees so long as they are available and thereafter out of funds which are hereby authorized to be appropriated to such account to carry out the provisions of this section. **(d) Finality of determinations; insured losses** All determinations made under this section shall be final. No payment under this section shall be made with respect to any losses covered by any policy of insurance or other provision of law. **(e) Amounts** Payments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts. **(f) Definitions** For the purposes of this section— (1) the term “Secretary” means the Secretary of State. (2) the term “owner” includes any charterer of a commercial fishing vessel.

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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. § 263c — Restrictions

Unless authorized by law, neither the President nor any person or agency shall, on behalf of the United States— (1) subscribe to additional shares of stock of the Agency; (2) vote for or agree to any amendment of the Convention which increases the obligations of the United States, or which changes the purpose or functions of the Agency; or (3) make a loan or provide other financing to the Agency.

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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

16 U.S.C. § 1801 — Findings, purposes and policy

**(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

16 U.S.C. § 5501 — Purpose

It is the purpose of this chapter— (1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and (2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas.

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

16 U.S.C. § 5701 — Purposes

It is the purpose of this subchapter— (1) to implement the interim agreement for the conservation of salmon stocks originating from the Yukon River in Canada agreed to through an exchange of notes between the Government of the United States and the Government of Canada on February 3, 1995; (2) to provide for representation by the United States on the Yukon River Panel established under such agreement; and (3) to authorize to be appropriated sums necessary to carry out the responsibilities of the United States under such agreement.

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

22 U.S.C. § 1971 — “Vessel of the United States” defined

For the purposes of this chapter the term “vessel of the United States” shall mean any private vessel documented or certificated under the laws of the United States. Notwithstanding any other law, the documentation or certification of any such vessel shall not be considered to be affected, for the purposes of this chapter, in any manner or to any extent if at any time during any voyage for the purpose of fishing beyond the fishery conservation zone (as defined in section 1802(8) 11 See References in Text note below. of title 16), the vessel is commanded by other than a citizen of the United States.

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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. § 1977 — Reimbursement for seized commercial

Page 491 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1977 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 in- terest 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. § 1976. Authorization of appropriations There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this chapter. (Aug. 27, 1954, ch. 1018, § 6, 68 Stat. 883.) § 1977. Reimbursement for seized commercial fishermen (a) Agreement to reimburse for actual costs, con- fiscation or spoilage of fish, and loss of in- come 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 sub- ject to the provision of this section and such other terms and conditions as the Secretary deems appropriate. Such agreement shall pro- vide 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, incu

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