§ 1972. Action by Secretary of State upon seizure of vessel by foreign country; preconditions

Footnotes

1. 1 So in original. Probably should be followed by “or”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1954

   Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883 · 68 Stat. 883

   Enacted · 22 U.S.C. § 1972

   Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883

   Source evidence

   Code source credit
   Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883

2. 1972

   Pub. L. 92–569 § 1 · 86 Stat. 1181

   Changed · 22 U.S.C. § 1972(b)

   Pub. L. 92–569 required the Secretary of State to take appropriate action to immediately ascertain the fees, fines, and other direct charges paid by a United States vessel owner to the seizing foreign country for the release of the vessel and its crew

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 92–569 required the Secretary of State to take appropriate action to immediately ascertain the fees, fines, and other direct charges paid by a United States vessel owner to the seizing foreign country for the release of the vessel and its crew.

3. 1976

   Fishery Conservation and Management Act of 1976

   Pub. L. 94–265 title IV § 403(a)(1) · 90 Stat. 331

   Redesignated · 22 U.S.C. § 1972

   Pub. L. 94–265 redesignated existing subsecs. (a) and (b) as pars. (1) and (2), respectively, and, in par. (1) struck out reference to rights in territorial waters, and in par. (2) substituted provisions relating to any general claim of any foreign country, conditions, and restrictions of seizure, lack of dispute as to material facts, and steps authorized for Secretary of State upon seizure, for provisions relating to lack of dispute as to material facts and actions authorized for Secretary of State upon seizure

   Source evidence

   Code amendment note
   Pub. L. 94–265 redesignated existing subsecs. (a) and (b) as pars. (1) and (2), respectively, and, in par. (1) struck out reference to rights in territorial waters, and in par. (2) substituted provisions relating to any general claim of any foreign country, conditions, and restrictions of seizure, lack of dispute as to material facts, and steps authorized for Secretary of State upon seizure, for provisions relating to lack of dispute as to material facts and actions authorized for Secretary of State upon seizure.

   Enacted provision · exact public law section
   (1) by amending section 2 thereof to read as follows: “Sec. 2. If— “(1) any vessel of the United States is seized by a foreign country on the basis of claims in territorial waters or the high seas which are not recognized by the United States; 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 Ante, p. 331. Fishery Conservation and Management Act of 1976), or “(D) fail to allow fishing vessels of the United States equitable access to fish subject to such country’s exclusive fishery management authority; and there is no dispute as to the material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State 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 “(iii) to determine the amount of any fine, license, fee, registration fee, or other direct charge reimbursable under section Infra. 22 USC 1973. 3 (a) of this Act.”; and

4. 1980

   Magnuson Fishery Conservation and Management Act

   Pub. L. 96–561 title II § 238(b) · 94 Stat. 3275

   Substituted · 22 U.S.C. § 1972(2)(C)

   Pub. L. 96–561 substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”

   Source evidence

   Code amendment note
   Par. (2)(C). Pub. L. 96–561 substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”.

   Enacted provision · exact public law section
   (b) Effective 15 days after the date of enactment of this title, all references to the Fishery Conservation and Management Act of 1976 shall be redesignated as references to the Magnuson Fishery Conservation and Management Act.

5. 1984

   Pub. L. 98–364 title III § 303(a) · 98 Stat. 440

   1. Substituted · 22 U.S.C. § 1972

      Pub. L. 98–364, in par. (1), substituted “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;” for “any vessel of the United States is seized by a foreign country on the basis of claims in territorial waters or the high seas which are not recognized by the United States; or”, and in provisions following par. (2)(D)

   2. Substituted · 22 U.S.C. § 1972

      Pub. L. 98–364, in par. (1), substituted “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” for “and there is no dispute as to the material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State shall immediately take such steps as are necessary”

   Source evidence

   Code amendment note
   Pub. L. 98–364, in par. (1), substituted “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;” for “any vessel of the United States is seized by a foreign country on the basis of claims in territorial waters or the high seas which are not recognized by the United States; or”, and in provisions following par. (2)(D), substituted “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” for “and there is no dispute as to the material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State shall immediately take such steps as are necessary”.

   Enacted provision · exact public law section
   (a) Section 2 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1972) is amended— (1) by amending paragraph (1) to read as follows: “(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;”; and (2) by amending the matter appearing between subparagraph (D) and clause (i) of paragraph (2) to read as follows: “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—”.

6. 1996

   Amber Hagerman Child Protection Act of 1996

   Pub. L. 104–208 div. A title I § 101(a)(tII)(s211)(b) · 110 Stat. 3009

   Substituted · 22 U.S.C. § 1972(2)(C)

   Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”

   Source evidence

   Code amendment note
   Par. (2)(C). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

   Enacted provision · exact public law section
   (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

   Effective date note
   Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

5 of 7 references resolved to an enrolled provision · 2 partial