22 U.S.C. § 1978 — Restriction on importation of fishery or

Page 492 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1978 § 102, Nov. 7, 2000, 114 Stat. 1941; Pub. L. 107–228, div. A, title II, § 209, Sept. 30, 2002, 116 Stat. 1365; Pub. L. 108–219, title III, § 302, Apr. 13, 2004, 118 Stat. 616; Pub. L. 114–323, title VII, § 705, Dec. 16, 2016, 130 Stat. 1942; Pub. L. 117–81, div. E, title LI, § 5111(a), Dec. 27, 2021, 135 Stat. 2350.) Editorial Notes AMENDMENTS 2021—Subsec. (e). Pub. L. 117–81 inserted heading and amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘The provisions of this sec- tion shall be effective until October 1, 2018; 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.’’ 2016—Subsec. (e). Pub. L. 114–323 substituted ‘‘2018’’ for ‘‘2008’’. 2004—Subsec. (e). Pub. L. 108–219 substituted ‘‘2008’’ for ‘‘2003’’. 2002—Subsec. (a)(3). Pub. L. 107–228 substituted ‘‘Sec- retary of State’’ for ‘‘Secretary of Commerce’’. 2000—Subsec. (a)(3). Pub. L. 106–450, § 102(b), sub- stituted ‘‘Secretary of Commerce’’ for ‘‘Secretary of the Interior’’. Subsec. (e). Pub. L. 106–450, § 102(a), substituted ‘‘2003’’ for ‘‘2000’’. 1995—Subsec. (c). Pub. L. 104–43, § 403(a), struck out after second sentence ‘‘The amount fixed by the Sec- retary shall be predicated upon at least 331⁄3 per centum of the contribution by the Government.’’ Subsec. (e). Pub. L. 104–43, § 403(b), substituted ‘‘Octo- ber 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 ‘‘Sec- retary 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, § 1(1), inserted provi- sion that fees not currently needed for payments under this section be kept on deposit or invested in obliga- tions of, or guaranteed by, the United States and that all revenues accruing from such deposits or invest- ments 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, § 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 ‘‘Octo- ber 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 ‘‘Octo- ber’’ for ‘‘July’’. 1972—Subsec. (c). Pub. L. 92–569 inserted provision that amounts paid subsequent to transfer to the sepa- rate account be covered into the Treasury as miscella- neous receipts. Subsec. (e). Pub. L. 92–594, § 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, § 2, substituted ‘‘Sec- retary of Commerce’’ for ‘‘Secretary of the Interior’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117–81, div. E, title LI, § 5111(b), Dec. 27, 2021, 135 Stat. 2350, provided that: ‘‘(1) EFFECTIVE DATE.—The amendment made by sub- section (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 27, 2021] and apply as if the date specified in subsection (e) of section 7 of the Fishermen’s Protective Act of 1967 [22 U.S.C. 1977(e)], as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment. ‘‘(2) AGREEMENTS AND PAYMENTS.—The Secretary is authorized to— ‘‘(A) enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 [22 U.S.C. 1977] for any claims to which such section would otherwise apply but for the date specified in subsection (e) of such section, as in effect on the day before the date of the enactment of this Act; and ‘‘(B) make payments in accordance with agree- ments entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act.’’ [For definition of ‘‘Secretary’’ as used in section 5111(b) of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.] EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–659, title IV, § 408, Nov. 14, 1986, 100 Stat. 3740, provided that the amendment made by that sec- tion 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. § 1978. Restriction on importation of fishery or wildlife products from countries which vio- late international fishery or endangered or threatened species programs (a) Certification to President (1) When the Secretary of Commerce, in con- sultation with the Secretary of State, deter- mines that nationals of a foreign country, di- rectly or indirectly, are conducting fishing oper- ations in a manner or under circumstances which diminish the effectiveness of an inter- national fishery conservation program, the Sec- retary of Commerce shall certify such fact to the President. (2) When the Secretary of Commerce or the Secretary of the Interior, in consultation with the Secretary of State, finds that nationals of a foreign country, directly or indirectly, are en- gaging 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 Sec- retary of Commerce or the Secretary of the In- terior, as appropriate, in consultation with the Secretary of State, shall— (A) periodically monitor the activities of foreign nationals that may affect the inter- national programs referred to in paragraphs (1) and (2); (B) promptly investigate any activity by for- eign nationals that, in the opinion of the Sec- retary, 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). Page 493 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1978 (4) The Secretary of Commerce and the Sec- retary of the Interior shall each report to Con- gress each certification to the President made by such Secretary under this subsection, within 15 days after making such certification. (5) Upon receipt of any certification made under paragraph (1) or (2), the President may di- rect the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any products from the offending coun- try for any duration as the President determines appropriate and to the extent that such prohibi- tion is sanctioned by the World Trade Organiza- tion (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 Con- gress 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 cer- tification; notice After making a certification to the President under subsection (a), the Secretary of Commerce or the Secretary of the Interior, as the case may be, in consultation with the Secretary of State, 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 state- ment 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 sei- zure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the dis- position of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and for- feitures incurred, or alleged to have been in- curred, under the provisions of this section, in- sofar as such provisions of law are applicable and not inconsistent with this section. (f) Enforcement (1) Enforcement of the provisions of this sec- tion prohibiting the bringing or importation of products into the United States shall be the re- sponsibility 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 enforce- ment 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 proc- ess, to arrest any persons subject to the juris- diction 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 proc- ess, 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 en- gaging in operations in violation of this sec- tion or the regulations issued thereunder, then to arrest such person. (5) Such person so authorized, may seize, whenever and wherever lawfully found, all prod- ucts 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 consulta- tion 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 regula- tions 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 sev- eral 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 con- servation program’’ means any ban, restric- tion, regulation, or other measure in effect pursuant to a bilateral or multilateral agree- ment which is in force with respect to the United States, the purpose of which is to con- Page 494 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1978 serve or protect the living resources of the sea, including marine mammals. (4) The term ‘‘international program for en- dangered 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 en- dangered 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. (Aug. 27, 1954, ch. 1018, § 8, as added Pub. L. 92–219, Dec. 23, 1971, 85 Stat. 786; amended Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95–376, § 2, Sept. 18, 1978, 92 Stat. 714; Pub. L. 96–61, § 3(b), Aug. 15, 1979, 93 Stat. 408; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–711, § 8, Nov. 23, 1988, 102 Stat. 4772; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102–582, title II, § 201, Nov. 2, 1992, 106 Stat. 4904; Pub. L. 106–36, title I, § 1002(d), June 25, 1999, 113 Stat. 133; Pub. L. 114–231, title V, § 501, Oct. 7, 2016, 130 Stat. 956.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–231, § 501(1)(A), which directed the insertion of ‘‘, in consultation with the Secretary of State,’’ after ‘‘Secretary of Commerce’’, was executed by making the insertion after ‘‘Secretary of Commerce’’ the first time appearing to reflect the probable intent of Congress. Subsec. (a)(2). Pub. L. 114–231, § 501(1)(B), inserted ‘‘, in consultation with the Secretary of State,’’ after ‘‘Secretary of the Interior’’. Subsec. (a)(3). Pub. L. 114–231, § 501(1)(C), inserted ‘‘in consultation with the Secretary of State,’’ after ‘‘, as appropriate,’’ in introductory provisions. Subsec. (a)(4), (5). Pub. L. 114–231, § 501(1)(D), (E), added par. (4) and redesignated former par. (4) as (5). Subsec. (d). Pub. L. 114–231, § 501(2), inserted ‘‘in con- sultation with the Secretary of State,’’ after ‘‘as the case may be,’’. 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, § 201(a)(1), sub- stituted ‘‘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 of- fending country for such duration’’. Subsecs. (c), (e)(2). Pub. L. 102–582, § 201(a)(2), (3), sub- stituted ‘‘products’’ for ‘‘fish products or wildlife prod- ucts’’. Subsec. (f). Pub. L. 102–582, § 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, § 201(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘The term ‘United States’, when used in a geo- graphical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, and the United States Virgin Islands.’’ Subsec. (h)(3). Pub. L. 102–582, § 201(b)(2), inserted ‘‘bi- lateral or’’ before ‘‘multilateral’’ and ‘‘, including ma- rine mammals’’ before period at end. Subsec. (h)(4). Pub. L. 102–582, § 201(b)(3), (4), redesig- nated 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 pre- pared for export in such country or within the jurisdic- tion thereof.’’ Subsec. (h)(5). Pub. L. 102–582, § 201(b)(5), amended par. (5) generally. Prior to amendment, par. (5) read as fol- lows: ‘‘The term ‘taking’ means— ‘‘(A) for purposes of subsection (a)(2) of this sec- tion— ‘‘(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 en- dangered or threatened species applies; and ‘‘(B) for purposes of paragraph (6), any conduct de- scribed in subparagraph (A)(i), whether or not such conduct is legal under the laws of the offending coun- try, undertaken with respect to any wild animal.’’ Pub. L. 102–582, § 201(b)(4), redesignated par. (7) as (5). Former par. (5) redesignated (4). Subsec. (h)(6). Pub. L. 102–582, § 201(b)(3), struck out par. (6) which read as follows: ‘‘The term ‘wildlife prod- ucts’ 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, proc- essed, 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, § 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 mam- mals and all products thereof taken by fishing vessels of an offending country whether or not packed, proc- essed, or otherwise prepared for export in such country or within the jurisdiction thereof.’’ 1979—Subsec. (a)(3), (4). Pub. L. 96–61, § 3(b)(1), added par. (3) and redesignated former par. (3) as (4). Subsecs. (d) to (h). Pub. L. 96–61, § 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, § 2(1), designated ex- isting provisions as par. (1), struck out a provision ena- bling the President, upon receipt of certification, to di- rect the Secretary of the Treasury to prohibit importa- tion 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 Agree- ment on Tariffs and Trade, and added pars. (2) and (3). Subsec. (b). Pub. L. 95–376, § 2(2), inserted ‘‘or the Sec- retary of the Interior’’ after ‘‘Secretary of Commerce’’ and inserted ‘‘or wildlife products’’ after ‘‘fish prod- ucts’’ in two places. Subsec. (c). Pub. L. 95–376, § 2(3), inserted ‘‘or wildlife products’’ after ‘‘fish products’’. Subsecs. (d)(2), (e)(1). Pub. L. 95–376, § 2(4), (5)(A), in- serted ‘‘and wildlife products’’ after ‘‘fish products’’. Subsec. (e)(4)(B). Pub. L. 95–376, § 2(5)(B), inserted ‘‘or other conveyance’’ after ‘‘vessel’’ wherever appearing. Subsec. (e)(5). Pub. L. 95–376, § 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, § 2(6), inserted references to the Secretary of Commerce and the Secretary of the In- terior. Subsec. (g)(3). Pub. L. 95–376, § 2(7)(A), (B), substituted ‘‘in effect’’ for ‘‘in force’’, and ‘‘which is in force with 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 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 re- quirements of the fund. (Aug. 27, 1954, ch. 1018, § 9, as added Pub. L. 92–569, § 5, Oct. 26, 1972, 86 Stat. 1183; amended Pub. L. 98–364, title III, § 302(c), July 17, 1984, 98 Stat. 444.) Editorial Notes 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’’. Statutory Notes and Related Subsidiaries 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 reim- bursement 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. § 1980. Compensation for loss or destruction of commercial fishing vessel or gear (a) Definitions For purposes of this section— (1) The terms ‘‘fishery’’, ‘‘fishery conserva- tion zone’’, ‘‘fishing’’, ‘‘fishing vessel’’, ‘‘Sec- retary’’, 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 Ves- sel and Gear Damage Compensation Fund es- tablished under subsection (f). (4) The term ‘‘resulting economic loss’’ means the gross income, as estimated by the Secretary, that a fishing vessel owner or oper- ator who is eligible for compensation under this section for damage to, loss of, or destruc- tion 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 be- fore 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 mone- tary 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 Con- servation 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 attrib- utable to another vessel. (c) Eligibility for compensation A vessel owner is not eligible for compensa- tion under this section with respect to fishing vessel or fishing gear damage, loss, or destruc- tion 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;