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, incurred by the owner during the seizure and detention period and as a direct re- sult thereof, as determined by the Secretary, resulting (A) from any damage to, or destruc- tion 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 dur- ing the period of detention; and (3) the owner of such vessel and its crew for not to exceed 50 per centum of the gross in- come 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 com- mercial fishing practices and procedures Payments made by the Secretary under para- graphs (2) and (3) of subsection (a) of this section shall be distributed by the Secretary in accord- ance 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; pay- ment from collected fees; authorization of ap- propriations The Secretary shall from time to time estab- lish 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 de- posits 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 with respect to an unpaid claim and such claim is later paid, the amount so paid shall be covered into the Treasury as miscella- neous 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 Sec- retary of State. (2) the term ‘‘owner’’ includes any charterer of a commercial fishing vessel. (Aug. 27, 1954, ch. 1018, § 7, as added Pub. L. 90–482, § 1, Aug. 12, 1968, 82 Stat. 729; amended Pub. L. 92–569, § 4, Oct. 26, 1972, 86 Stat. 1183; Pub. L. 92–594, §§ 1, 2, Oct. 27, 1972, 86 Stat. 1313; Pub. L. 94–273, § 3(17), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95–194, § 1, Nov. 18, 1977, 91 Stat. 1413; Pub. L. 95–376, § 1, Sept. 18, 1978, 92 Stat. 714; Pub. L. 97–68, § 1, Oct. 26, 1981, 95 Stat. 1040; Pub. L. 98–364, title III, § 301, July 17, 1984, 98 Stat. 444; Pub. L. 99–659, title IV, § 408, Nov. 14, 1986, 100 Stat. 3740; Pub. L. 100–151, § 1, Nov. 3, 1987, 101 Stat. 884; Pub. L. 100–350, § 2, June 27, 1988, 102 Stat. 660; Pub. L. 101–627, title III, § 301, Nov. 28, 1990, 104 Stat. 4462; Pub. L. 104–43, title IV, § 403, Nov. 3, 1995, 109 Stat. 390; Pub. L. 106–450, title I, 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).