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

Page 495 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1980 1 See References in Text note below. respect to the United States’’ for ‘‘to which the United States is a signatory party’’. Subsec. (g)(5) to (7). Pub. L. 95–376, § 2(7)(C), added pars. (5) to (7). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in subsec. (f)(2) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. Previously ‘‘United States magistrates’’ sub- stituted for ‘‘United States commissioners’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (f)(5) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. § 1979. Fishermen’s Protective Fund There is created a Fishermen’s Protective Fund which shall be used by the Secretary of State to reimburse owners of vessels for amounts determined and certified by him under section 1973 of this title. The amount of any claim or portion thereof collected by the Sec- retary of State from any foreign country pursu- ant to section 1975(a) of this title shall be depos- ited in the fund and shall be available for the purpose of reimbursing vessel owners under sec- tion 1973 of this title; except that if a transfer to the fund was made pursuant to section 1975(b)(1) of this title with respect to any such claim, an amount from the fund equal to the amount so collected shall be covered into the Treasury as miscellaneous receipts. There is authorized to be appropriated to the fund (1) the 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;