§ 1977. Reimbursement for seized commercial fishermen
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/usc/title-22/section-1977A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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, 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 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 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.
(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, § 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.)
Connections57 cite this · traces to 7
Cited by 57 sections · top 46
U.S. Code
public-private-law
statutes-at-large
- Public Law 94–273To provide permanent changes in laws necessary because of the October-September fiscal year
- Public Law 91–47
- Public Law 92–562
- Public Law 92–591
- Public Law 99–659To amend certain provisions of the law regarding the fisheries of the United States, and for other purposes
- Public Law 100–151To reauthorize the Fishermen's Protective Act
- Public Law 97–68To extend for three additional years the provisions of the Fishermen’s Protective Act of 1967 relating to the reimbursement of United States commercial fishermen for certain losses incurred incident to the seizure of their vessels by foreign nations; and for other purposes
- Public Law 100–350To provide Congressional approval of the Governing International Fishery Agreement between the United States and the Government of the German Democratic Republic
- Public Law 95–376To extend until October 1, 1981, the voluntary insurance program provided by section 7 of the Fishermen’s Protective Act of 1967, and for other purposes
- Public Law 101–627To authorize appropriations to carry out the Magnuson Fishery Conservation and Management Act through fiscal year 1993, and for other purposes
- Public Law 106–450To amend the Fishermen’s Protective Act of 1967 to extend the period during which reimbursement may be provided to owners of United States fishing vessels for costs incurred when such a vessel is seized and detained by a foreign country, and for other purposes
- Public Law 98–364To authorize appropriations to carry out the Marine Mammal Protection Act of 1972, for fiscal years 1985 through 1988, and for other purposes
- Public Law 114–323To authorize the Department of State for fiscal year 2016, and for other purposes
- Public Law 102–587To provide Congressional approval of a Governing International Fishery Agreement, and for other purposes
- Public Law 108–219To provide for the conveyance to the Utrok Atoll local government of a decommissioned National Oceanic and Atmospheric Administration ship, and for other purposes
- Public Law 107–228To authorize appropriations for the Department of State for fiscal year 2003, to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal year 2003, and for other purposes
- Public Law 95–194To extend the provisions of the Fishermen’s Protective Act of 1967, relating to the reimbursement of seized commercial fishermen, until October 1, 1978
- Public Law 117–81To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
statute-compilations
bill
- Sec. 705Extension of period for reimbursement of seized commercial fishermen
- Sec. 705Extension of period for reimbursement of seized commercial fishermen
- Sec. 409Extension of period for reimbursement of seized commercial fishermen
- Sec. 114Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 115Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 114Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 14113Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 14113Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 1012Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 1012Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 1012Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 1012Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 7112Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 7112Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 5111Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
- Sec. 5111Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
Traces to 7 documents
U.S. Code
- Action by Secretary of State upon seizure of vessel by foreign country; preconditions§ 1972
- Reimbursement of owner for any direct charges paid to secure release of vessel and crew§ 1973
- Claims for amounts expended because of seizure§ 1975
- Reimbursement for seized commercial fishermen§ 1977
- Anti-piracy information sharing§ 263c
55 references not yet in our index
- Aug. 27, 1954, ch. 1018, § 7
- Pub. L. 90–482, § 1
- 82 Stat. 729
- Pub. L. 92–569, § 4
- 86 Stat. 1183
- Pub. L. 92–594
- 86 Stat. 1313
- Pub. L. 94–273, § 3(17)
- 90 Stat. 377
- Pub. L. 95–194, § 1
- 91 Stat. 1413
- Pub. L. 95–376, § 1
- 92 Stat. 714
- Pub. L. 97–68, § 1
- 95 Stat. 1040
- Pub. L. 98–364, title III, § 301
- 98 Stat. 444
- Pub. L. 99–659, title IV, § 408
- 100 Stat. 3740
- Pub. L. 100–151, § 1
- 101 Stat. 884
- Pub. L. 100–350, § 2
- 102 Stat. 660
- Pub. L. 101–627, title III, § 301
- 104 Stat. 4462
- Pub. L. 104–43, title IV, § 403
- 109 Stat. 390
- Pub. L. 106–450, title I, § 102
- 114 Stat. 1941
- Pub. L. 107–228, div. A, title II, § 209
- 116 Stat. 1365
- Pub. L. 108–219, title III, § 302
- 118 Stat. 616
- 130 Stat. 1942
- 135 Stat. 2350
- Pub. L. 108–219
- Pub. L. 107–228
- Pub. L. 106–450, § 102(b)
- Pub. L. 106–450, § 102(a)
- Pub. L. 104–43, § 403(a)
+ 15 more
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§ 1977
Reimbursement for seized commercial fishermen
Stat.×22
Bills×16
U.S.C.×11
Stat. Comp.×4
Pub. L.×3
C.F.R.×1
ActAug. 27, 1954, ch. 1018, § 7
Pub. L.Pub. L. 90–482, § 1
Stat.82 Stat. 729
Pub. L.Pub. L. 92–569, § 4
Stat.86 Stat. 1183
Cites 62 · showing 12Cited by 57 across 6 sources