§ 1980. Compensation for loss or destruction of commercial fishing vessel or gear

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be “notes”.

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

   Pub. L. 95–194 § 2 · 91 Stat. 1413

   Enacted · 22 U.S.C. § 1980

   Aug. 27, 1954, ch. 1018, § 10, as added Pub. L. 95–194, § 2, Nov. 18, 1977, 91 Stat. 1413

   Source evidence

   Code source credit
   Aug. 27, 1954, ch. 1018, § 10, as added Pub. L. 95–194, § 2, Nov. 18, 1977, 91 Stat. 1413

   Enacted provision · exact public law section
   Sec. 2. The Fishermen’s Protective Act of 1967, as amended, is further amended by adding the following new section at the end thereof: “Sec. 10. (a) After July 1, 1977, the Secretary may make a loan to the owner or operator of any vessel of the United States which is documented or certified as a commercial fishing vessel if— “(1) he receives an application for a loan under this section after such date; “(2) he reasonably determines that such vessel, or its fishing gear, was lost, damaged, or destroyed by any vessel (or its crew or fishing gear) of a foreign nation operating within the fishery conservation zone established by sections 101 and 102 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1811); 16 USC 1812. and “(3) the amount of such loss, damage, or destruction exceeds $2,000. Any such loan— “(A) may be for an amount not exceeding the value of such loss, damage, or destruction; “(B) shall be conditional upon assignment to the Secretary of any right to recover for such loss, damage, or destruction; “(C) shall bear interest at a rate not to exceed 3½ per centum Interest rate. per annum, and “(D) shall be subject to such terms and conditions as the Secretary deems necessary and appropriate for the purposes of this section. The Secretary shall use the Fishermen’s Protective Fund created under section 9 for the amounts of any loan made under this section. 22 USC 1979. Loans may be made for any loss, damage, or destruction occurring after July 1, 1976 for which claims are not already substantially resolved. “(b) The Secretary, in conjunction with other agencies or departments, Investigation. Cooperation. Loan repayment, cancellation. shall investigate each incident of loss, damage, or destruction for which a loan was made under this section. If he determines that the owner or operator who received the loan was not at fault, the Secretary shall cancel repayment of such loan and refund to such owner or operator any principal and interest payments thereon made prior to the date of such cancellation. If he determines that the owner or operator who received the loan was at fault, the loan shall not continue for its term and shall be repaid within a reasonable time as determined by the Secretary. “(c) The Secretary, with the assistance of the Attorney General, the Secretary of State, and the claimant, shall take appropriate action, pursuant to the provisions of title 28, United States Code, to collect on any right assigned to him under subsection (a). Amounts collected under this subsection shall— “(1) if such loan was canceled pursuant to subsection (b), be 22 USC 1979. paid into the Fishermen’s Protective Fund created under section 9, to the extent of the amount so canceled; “(2) if not so canceled, be applied to the repayment of such loan; or “(3) to the extent not used pursuant to paragraph (1) or (2), paid to the owner or operator who assigned such claim. “(d) For the purposes of this section, the term ‘Secretary’ means the Secretary of Commerce. “(e) The Secretary may from time to time establish by regulation fees to recover the cost of administering this section. Such fees shall be paid by the owner or operator making claims under this section.”

2. 1978

   Pub. L. 95–376 § 3(a) · 92 Stat. 714

   Substituted · 22 U.S.C. § 1980(a)

   Pub. L. 95–376 substituted provisions defining “fishery”, “fishing conservation zone”, “fishing”, “fishing vessel”, “Secretary”, “vessel of the United States”, “fishing gear” and “fund” for provisions authorizing the Secretary to make a loan to an owner or operator whose commercial fishing vessel or its fishing gear was lost, damaged or destroyed by any vessel of a foreign nation

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–376 substituted provisions defining “fishery”, “fishing conservation zone”, “fishing”, “fishing vessel”, “Secretary”, “vessel of the United States”, “fishing gear” and “fund” for provisions authorizing the Secretary to make a loan to an owner or operator whose commercial fishing vessel or its fishing gear was lost, damaged or destroyed by any vessel of a foreign nation.

   Enacted provision · exact public law section
   (a) Section 10 of the Fishermen’s Protective Act of 1961 (22 U.S.C. 1980) is amended to read as follows: “Sec. 10. (a) For purposes of this section— “(1) The terms ‘fishery’, ‘fishery conservation zone’, ‘fishing’, ‘fishing vessel’, ‘Secretary’, and ‘vessel of the United States’ shall each have the same respective meaning as is given to such terms in section 3 of the Fishery Conservation and Management Act of 1976 (16 1802). “(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 Vessel and Gear Damage Compensation Fund established under subsection (f). “(b) Subject to the provisions of this section, the owner or operator Damages to fishing vessels and gear, compensation. (hereinafter referred to as the ‘vessel owner’) of any fishing vessel which is a vessel of the United States is eligible for monetary 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, 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 Fishery Conservation and Management Act of 1976, and 16 USC 1801 note. “(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 (i) any other vessel, whether such vessel is a vessel of the United States, or (ii) an act of God. “(c) A vessel owner is not eligible for compensation under this section with respect to fishing vessel or fishing gear damage, loss, or destruction unless such owner— “(1) makes application to the Secretary for compensation under this section within sixty days after the day on winch the damage, loss, or destruction occurred or was first noticed by the owner; “(2) pays upon making such application a reasonable administrative fee which the Secretary shall deposit into the fund; “(3) has, Regulations. in such form as the Secretary shall prescribe by regulation, a current inventory or other evidence of possession of the fishery vessel or fishing gear concerned; “(4) has complied with all applicable regulations, if any, relating to the marking of, and (if appropriate) the notification of the location of, the fishing gear concerned; and “(5) is Regulations. in compliance with such other regulations as may be prescribed by the Secretary to carry out this section. “(d) (1) Application Application for compensation. Regulations. for compensation under this section shall be made in such form and manner, and include such documentation and other evidence relating to the cause and extent of the damage, loss, or destruction claimed, as the Secretary shall prescribe by regulation. The Secretary shall promptly, but not later than sixty days after receipt of an application, consider, and issue an initial determination with respect to, the application. “(2) The amount of compensation awarded to any vessel owner under this section shall be— “(A) determined on the basis of the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or fishing gear concerned; “(B) proportionally reduced to the extent that evidence indicates that negligence by the vessel owner contributed to the cause or extent of the damage, loss, or destruction; and “(C) reduced by the amount of compensation, if any, which the vessel owner has received or will receive with respect to the damage, loss, or destruction, through insurance, pursuant to any other provision of law, or otherwise. “(3) The initial determination made by the Secretary under paragraph (1) with respect to any application shall— “(A) if the application is disapproved, set forth the reasons therefor; or “(B) if the application is approved, set forth the amount of compensation to which the applicant is entitled and the basis on which such amount was determined. “(4) Any Review. vessel owner who is aggrieved by any decision of the Secretary contained in the initial determination of the Secretary regarding such owner’s application may, within thirty days after the date of issue of the initial determination, petition the Secretary for a review of the decision. If petition for review is not made to the Secretary within such thirty-day period regarding the initial determination, the initial determination shall be deemed to be the final determination on the application. Before undertaking any such review, the Secretary shall provide to the vessel owner opportunity to submit additional written or oral evidence relating to the decision. After review the Secretary shall issue a final determination with respect to the application. “(5) If compensation is awarded under the final determination on any application, the Secretary shall promptly pay from the fund to such owner the amount of compensation stated in the final determination. Upon the acceptance of such payment by the vessel owner, the United States shall be subrogated to all rights of the vessel owner with respect to which the payment is made. “(e) In addition to any fee imposed under section 204(b)(10) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1824(b)(10)) with respect to any foreign fishing vessel for any year after 1978, the Secretary shall impose a surcharge in an amount not to exceed 20 percent of the amount of the fee imposed under such section for such year. The failure to pay any surcharge imposed under this subsection with respect to any foreign fishing vessel shall be treated by the Secretary as a failure to pay the fee for such vessel under such section 204(b)(10). “(f) (1) There is established in the Treasury of the United States Fishing Vessel and Gear Damage Compensation Fund. Establishment. the Fishing Vessel and Gear Damage Compensation Fund. The fund shall be available without fiscal year limitation as a revolving fund for the purposes of administering, and paying compensation awarded under this section. “(2) The fund shall consist of— “(A) all sums recovered by the United States in the exercise of rights subrogated to it under subsection (d)(5); “(B) all administrative fees collected under subsection (c)(2); “(C) all surcharges collected under subsection (e); “(D) revenues received from deposits or investments made under the last sentence of this paragraph; and “(E) any revenue acquired through the issuance of obligations under paragraph (3). Sums may be expended from the fund only to such extent and in such amounts as are provided in advance in appropriation Acts. Sums in the fund which are not currently needed for the purpose of paying such awards shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. “(3) Whenever the amount in the fund is not sufficient to pay compensation under this section, the Secretary may issue, in an amount not to exceed $5,000,000, notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such notices or other obligations shall bear interest at a rate to be determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notices or other obligations. Moneys obtained by the Secretary under this paragraph shall be deposited in the fund and redemptions of any such notices or other obligations shall be made from the fund. The Secretary of the Treasury shall purchase any such notes or other obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. The Secretary 31 USC 774. of the Treasury may sell any such notices or other obligations at such times and prices and upon such terms and conditions as he shall determine. All purchases, redemptions, and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. All borrowing authority contained herein shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. “(g) Any Penalty. person who willful y makes any false or misleading statement or representation for the purpose of obtaining compensation under this section is guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or both.”.

3. 1978

   Pub. L. 95–376 § 3(a) · 92 Stat. 714

   Substituted · 22 U.S.C. § 1980(b)

   Pub. L. 95–376 substituted provisions setting forth the causes of the damage, loss, or destruction of the vessel or its gear for which compensation is payable for provisions authorizing the Secretary to conduct an investigation of each incident of loss, damage or destruction for which the owner received a loan and allowing for repayment or cancellation of such loan depending on fault or nonfault of owner

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–376 substituted provisions setting forth the causes of the damage, loss, or destruction of the vessel or its gear for which compensation is payable for provisions authorizing the Secretary to conduct an investigation of each incident of loss, damage or destruction for which the owner received a loan and allowing for repayment or cancellation of such loan depending on fault or nonfault of owner.

   Enacted provision · exact public law section
   (a) Section 10 of the Fishermen’s Protective Act of 1961 (22 U.S.C. 1980) is amended to read as follows: “Sec. 10. (a) For purposes of this section— “(1) The terms ‘fishery’, ‘fishery conservation zone’, ‘fishing’, ‘fishing vessel’, ‘Secretary’, and ‘vessel of the United States’ shall each have the same respective meaning as is given to such terms in section 3 of the Fishery Conservation and Management Act of 1976 (16 1802). “(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 Vessel and Gear Damage Compensation Fund established under subsection (f). “(b) Subject to the provisions of this section, the owner or operator Damages to fishing vessels and gear, compensation. (hereinafter referred to as the ‘vessel owner’) of any fishing vessel which is a vessel of the United States is eligible for monetary 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, 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 Fishery Conservation and Management Act of 1976, and 16 USC 1801 note. “(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 (i) any other vessel, whether such vessel is a vessel of the United States, or (ii) an act of God. “(c) A vessel owner is not eligible for compensation under this section with respect to fishing vessel or fishing gear damage, loss, or destruction unless such owner— “(1) makes application to the Secretary for compensation under this section within sixty days after the day on winch the damage, loss, or destruction occurred or was first noticed by the owner; “(2) pays upon making such application a reasonable administrative fee which the Secretary shall deposit into the fund; “(3) has, Regulations. in such form as the Secretary shall prescribe by regulation, a current inventory or other evidence of possession of the fishery vessel or fishing gear concerned; “(4) has complied with all applicable regulations, if any, relating to the marking of, and (if appropriate) the notification of the location of, the fishing gear concerned; and “(5) is Regulations. in compliance with such other regulations as may be prescribed by the Secretary to carry out this section. “(d) (1) Application Application for compensation. Regulations. for compensation under this section shall be made in such form and manner, and include such documentation and other evidence relating to the cause and extent of the damage, loss, or destruction claimed, as the Secretary shall prescribe by regulation. The Secretary shall promptly, but not later than sixty days after receipt of an application, consider, and issue an initial determination with respect to, the application. “(2) The amount of compensation awarded to any vessel owner under this section shall be— “(A) determined on the basis of the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or fishing gear concerned; “(B) proportionally reduced to the extent that evidence indicates that negligence by the vessel owner contributed to the cause or extent of the damage, loss, or destruction; and “(C) reduced by the amount of compensation, if any, which the vessel owner has received or will receive with respect to the damage, loss, or destruction, through insurance, pursuant to any other provision of law, or otherwise. “(3) The initial determination made by the Secretary under paragraph (1) with respect to any application shall— “(A) if the application is disapproved, set forth the reasons therefor; or “(B) if the application is approved, set forth the amount of compensation to which the applicant is entitled and the basis on which such amount was determined. “(4) Any Review. vessel owner who is aggrieved by any decision of the Secretary contained in the initial determination of the Secretary regarding such owner’s application may, within thirty days after the date of issue of the initial determination, petition the Secretary for a review of the decision. If petition for review is not made to the Secretary within such thirty-day period regarding the initial determination, the initial determination shall be deemed to be the final determination on the application. Before undertaking any such review, the Secretary shall provide to the vessel owner opportunity to submit additional written or oral evidence relating to the decision. After review the Secretary shall issue a final determination with respect to the application. “(5) If compensation is awarded under the final determination on any application, the Secretary shall promptly pay from the fund to such owner the amount of compensation stated in the final determination. Upon the acceptance of such payment by the vessel owner, the United States shall be subrogated to all rights of the vessel owner with respect to which the payment is made. “(e) In addition to any fee imposed under section 204(b)(10) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1824(b)(10)) with respect to any foreign fishing vessel for any year after 1978, the Secretary shall impose a surcharge in an amount not to exceed 20 percent of the amount of the fee imposed under such section for such year. The failure to pay any surcharge imposed under this subsection with respect to any foreign fishing vessel shall be treated by the Secretary as a failure to pay the fee for such vessel under such section 204(b)(10). “(f) (1) There is established in the Treasury of the United States Fishing Vessel and Gear Damage Compensation Fund. Establishment. the Fishing Vessel and Gear Damage Compensation Fund. The fund shall be available without fiscal year limitation as a revolving fund for the purposes of administering, and paying compensation awarded under this section. “(2) The fund shall consist of— “(A) all sums recovered by the United States in the exercise of rights subrogated to it under subsection (d)(5); “(B) all administrative fees collected under subsection (c)(2); “(C) all surcharges collected under subsection (e); “(D) revenues received from deposits or investments made under the last sentence of this paragraph; and “(E) any revenue acquired through the issuance of obligations under paragraph (3). Sums may be expended from the fund only to such extent and in such amounts as are provided in advance in appropriation Acts. Sums in the fund which are not currently needed for the purpose of paying such awards shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. “(3) Whenever the amount in the fund is not sufficient to pay compensation under this section, the Secretary may issue, in an amount not to exceed $5,000,000, notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such notices or other obligations shall bear interest at a rate to be determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notices or other obligations. Moneys obtained by the Secretary under this paragraph shall be deposited in the fund and redemptions of any such notices or other obligations shall be made from the fund. The Secretary of the Treasury shall purchase any such notes or other obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. The Secretary 31 USC 774. of the Treasury may sell any such notices or other obligations at such times and prices and upon such terms and conditions as he shall determine. All purchases, redemptions, and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. All borrowing authority contained herein shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. “(g) Any Penalty. person who willful y makes any false or misleading statement or representation for the purpose of obtaining compensation under this section is guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or both.”.

4. 1978

   Pub. L. 95–376 § 3(a) · 92 Stat. 714

   Substituted · 22 U.S.C. § 1980(c)

   Pub. L. 95–376 substituted provisions setting forth the administrative provisions for making a claim for compensation for provisions directing the Secretary, with the assistance of the Attorney General, the Secretary of State, and the claimant, to take appropriate action to collect on any rights assigned to him, and directing how any sums recovered shall be dispensed

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–376 substituted provisions setting forth the administrative provisions for making a claim for compensation for provisions directing the Secretary, with the assistance of the Attorney General, the Secretary of State, and the claimant, to take appropriate action to collect on any rights assigned to him, and directing how any sums recovered shall be dispensed.

   Enacted provision · exact public law section
   (a) Section 10 of the Fishermen’s Protective Act of 1961 (22 U.S.C. 1980) is amended to read as follows: “Sec. 10. (a) For purposes of this section— “(1) The terms ‘fishery’, ‘fishery conservation zone’, ‘fishing’, ‘fishing vessel’, ‘Secretary’, and ‘vessel of the United States’ shall each have the same respective meaning as is given to such terms in section 3 of the Fishery Conservation and Management Act of 1976 (16 1802). “(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 Vessel and Gear Damage Compensation Fund established under subsection (f). “(b) Subject to the provisions of this section, the owner or operator Damages to fishing vessels and gear, compensation. (hereinafter referred to as the ‘vessel owner’) of any fishing vessel which is a vessel of the United States is eligible for monetary 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, 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 Fishery Conservation and Management Act of 1976, and 16 USC 1801 note. “(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 (i) any other vessel, whether such vessel is a vessel of the United States, or (ii) an act of God. “(c) A vessel owner is not eligible for compensation under this section with respect to fishing vessel or fishing gear damage, loss, or destruction unless such owner— “(1) makes application to the Secretary for compensation under this section within sixty days after the day on winch the damage, loss, or destruction occurred or was first noticed by the owner; “(2) pays upon making such application a reasonable administrative fee which the Secretary shall deposit into the fund; “(3) has, Regulations. in such form as the Secretary shall prescribe by regulation, a current inventory or other evidence of possession of the fishery vessel or fishing gear concerned; “(4) has complied with all applicable regulations, if any, relating to the marking of, and (if appropriate) the notification of the location of, the fishing gear concerned; and “(5) is Regulations. in compliance with such other regulations as may be prescribed by the Secretary to carry out this section. “(d) (1) Application Application for compensation. Regulations. for compensation under this section shall be made in such form and manner, and include such documentation and other evidence relating to the cause and extent of the damage, loss, or destruction claimed, as the Secretary shall prescribe by regulation. The Secretary shall promptly, but not later than sixty days after receipt of an application, consider, and issue an initial determination with respect to, the application. “(2) The amount of compensation awarded to any vessel owner under this section shall be— “(A) determined on the basis of the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or fishing gear concerned; “(B) proportionally reduced to the extent that evidence indicates that negligence by the vessel owner contributed to the cause or extent of the damage, loss, or destruction; and “(C) reduced by the amount of compensation, if any, which the vessel owner has received or will receive with respect to the damage, loss, or destruction, through insurance, pursuant to any other provision of law, or otherwise. “(3) The initial determination made by the Secretary under paragraph (1) with respect to any application shall— “(A) if the application is disapproved, set forth the reasons therefor; or “(B) if the application is approved, set forth the amount of compensation to which the applicant is entitled and the basis on which such amount was determined. “(4) Any Review. vessel owner who is aggrieved by any decision of the Secretary contained in the initial determination of the Secretary regarding such owner’s application may, within thirty days after the date of issue of the initial determination, petition the Secretary for a review of the decision. If petition for review is not made to the Secretary within such thirty-day period regarding the initial determination, the initial determination shall be deemed to be the final determination on the application. Before undertaking any such review, the Secretary shall provide to the vessel owner opportunity to submit additional written or oral evidence relating to the decision. After review the Secretary shall issue a final determination with respect to the application. “(5) If compensation is awarded under the final determination on any application, the Secretary shall promptly pay from the fund to such owner the amount of compensation stated in the final determination. Upon the acceptance of such payment by the vessel owner, the United States shall be subrogated to all rights of the vessel owner with respect to which the payment is made. “(e) In addition to any fee imposed under section 204(b)(10) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1824(b)(10)) with respect to any foreign fishing vessel for any year after 1978, the Secretary shall impose a surcharge in an amount not to exceed 20 percent of the amount of the fee imposed under such section for such year. The failure to pay any surcharge imposed under this subsection with respect to any foreign fishing vessel shall be treated by the Secretary as a failure to pay the fee for such vessel under such section 204(b)(10). “(f) (1) There is established in the Treasury of the United States Fishing Vessel and Gear Damage Compensation Fund. Establishment. the Fishing Vessel and Gear Damage Compensation Fund. The fund shall be available without fiscal year limitation as a revolving fund for the purposes of administering, and paying compensation awarded under this section. “(2) The fund shall consist of— “(A) all sums recovered by the United States in the exercise of rights subrogated to it under subsection (d)(5); “(B) all administrative fees collected under subsection (c)(2); “(C) all surcharges collected under subsection (e); “(D) revenues received from deposits or investments made under the last sentence of this paragraph; and “(E) any revenue acquired through the issuance of obligations under paragraph (3). Sums may be expended from the fund only to such extent and in such amounts as are provided in advance in appropriation Acts. Sums in the fund which are not currently needed for the purpose of paying such awards shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. “(3) Whenever the amount in the fund is not sufficient to pay compensation under this section, the Secretary may issue, in an amount not to exceed $5,000,000, notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such notices or other obligations shall bear interest at a rate to be determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notices or other obligations. Moneys obtained by the Secretary under this paragraph shall be deposited in the fund and redemptions of any such notices or other obligations shall be made from the fund. The Secretary of the Treasury shall purchase any such notes or other obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. The Secretary 31 USC 774. of the Treasury may sell any such notices or other obligations at such times and prices and upon such terms and conditions as he shall determine. All purchases, redemptions, and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. All borrowing authority contained herein shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. “(g) Any Penalty. person who willful y makes any false or misleading statement or representation for the purpose of obtaining compensation under this section is guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or both.”.

5. 1978

   Pub. L. 95–376 § 3(a) · 92 Stat. 714

   Substituted · 22 U.S.C. § 1980(d)

   Pub. L. 95–376 substituted provisions setting forth the form, manner and documentation of the application, the amount of compensation payable, procedure for review of the initial determination of eligibility and prompt payment upon finding of such eligibility for provisions defining “Secretary” as the “Secretary of Commerce”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–376 substituted provisions setting forth the form, manner and documentation of the application, the amount of compensation payable, procedure for review of the initial determination of eligibility and prompt payment upon finding of such eligibility for provisions defining “Secretary” as the “Secretary of Commerce”.

   Enacted provision · exact public law section
   (a) Section 10 of the Fishermen’s Protective Act of 1961 (22 U.S.C. 1980) is amended to read as follows: “Sec. 10. (a) For purposes of this section— “(1) The terms ‘fishery’, ‘fishery conservation zone’, ‘fishing’, ‘fishing vessel’, ‘Secretary’, and ‘vessel of the United States’ shall each have the same respective meaning as is given to such terms in section 3 of the Fishery Conservation and Management Act of 1976 (16 1802). “(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 Vessel and Gear Damage Compensation Fund established under subsection (f). “(b) Subject to the provisions of this section, the owner or operator Damages to fishing vessels and gear, compensation. (hereinafter referred to as the ‘vessel owner’) of any fishing vessel which is a vessel of the United States is eligible for monetary 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, 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 Fishery Conservation and Management Act of 1976, and 16 USC 1801 note. “(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 (i) any other vessel, whether such vessel is a vessel of the United States, or (ii) an act of God. “(c) A vessel owner is not eligible for compensation under this section with respect to fishing vessel or fishing gear damage, loss, or destruction unless such owner— “(1) makes application to the Secretary for compensation under this section within sixty days after the day on winch the damage, loss, or destruction occurred or was first noticed by the owner; “(2) pays upon making such application a reasonable administrative fee which the Secretary shall deposit into the fund; “(3) has, Regulations. in such form as the Secretary shall prescribe by regulation, a current inventory or other evidence of possession of the fishery vessel or fishing gear concerned; “(4) has complied with all applicable regulations, if any, relating to the marking of, and (if appropriate) the notification of the location of, the fishing gear concerned; and “(5) is Regulations. in compliance with such other regulations as may be prescribed by the Secretary to carry out this section. “(d) (1) Application Application for compensation. Regulations. for compensation under this section shall be made in such form and manner, and include such documentation and other evidence relating to the cause and extent of the damage, loss, or destruction claimed, as the Secretary shall prescribe by regulation. The Secretary shall promptly, but not later than sixty days after receipt of an application, consider, and issue an initial determination with respect to, the application. “(2) The amount of compensation awarded to any vessel owner under this section shall be— “(A) determined on the basis of the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or fishing gear concerned; “(B) proportionally reduced to the extent that evidence indicates that negligence by the vessel owner contributed to the cause or extent of the damage, loss, or destruction; and “(C) reduced by the amount of compensation, if any, which the vessel owner has received or will receive with respect to the damage, loss, or destruction, through insurance, pursuant to any other provision of law, or otherwise. “(3) The initial determination made by the Secretary under paragraph (1) with respect to any application shall— “(A) if the application is disapproved, set forth the reasons therefor; or “(B) if the application is approved, set forth the amount of compensation to which the applicant is entitled and the basis on which such amount was determined. “(4) Any Review. vessel owner who is aggrieved by any decision of the Secretary contained in the initial determination of the Secretary regarding such owner’s application may, within thirty days after the date of issue of the initial determination, petition the Secretary for a review of the decision. If petition for review is not made to the Secretary within such thirty-day period regarding the initial determination, the initial determination shall be deemed to be the final determination on the application. Before undertaking any such review, the Secretary shall provide to the vessel owner opportunity to submit additional written or oral evidence relating to the decision. After review the Secretary shall issue a final determination with respect to the application. “(5) If compensation is awarded under the final determination on any application, the Secretary shall promptly pay from the fund to such owner the amount of compensation stated in the final determination. Upon the acceptance of such payment by the vessel owner, the United States shall be subrogated to all rights of the vessel owner with respect to which the payment is made. “(e) In addition to any fee imposed under section 204(b)(10) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1824(b)(10)) with respect to any foreign fishing vessel for any year after 1978, the Secretary shall impose a surcharge in an amount not to exceed 20 percent of the amount of the fee imposed under such section for such year. The failure to pay any surcharge imposed under this subsection with respect to any foreign fishing vessel shall be treated by the Secretary as a failure to pay the fee for such vessel under such section 204(b)(10). “(f) (1) There is established in the Treasury of the United States Fishing Vessel and Gear Damage Compensation Fund. Establishment. the Fishing Vessel and Gear Damage Compensation Fund. The fund shall be available without fiscal year limitation as a revolving fund for the purposes of administering, and paying compensation awarded under this section. “(2) The fund shall consist of— “(A) all sums recovered by the United States in the exercise of rights subrogated to it under subsection (d)(5); “(B) all administrative fees collected under subsection (c)(2); “(C) all surcharges collected under subsection (e); “(D) revenues received from deposits or investments made under the last sentence of this paragraph; and “(E) any revenue acquired through the issuance of obligations under paragraph (3). Sums may be expended from the fund only to such extent and in such amounts as are provided in advance in appropriation Acts. Sums in the fund which are not currently needed for the purpose of paying such awards shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. “(3) Whenever the amount in the fund is not sufficient to pay compensation under this section, the Secretary may issue, in an amount not to exceed $5,000,000, notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such notices or other obligations shall bear interest at a rate to be determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notices or other obligations. Moneys obtained by the Secretary under this paragraph shall be deposited in the fund and redemptions of any such notices or other obligations shall be made from the fund. The Secretary of the Treasury shall purchase any such notes or other obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. The Secretary 31 USC 774. of the Treasury may sell any such notices or other obligations at such times and prices and upon such terms and conditions as he shall determine. All purchases, redemptions, and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. All borrowing authority contained herein shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. “(g) Any Penalty. person who willful y makes any false or misleading statement or representation for the purpose of obtaining compensation under this section is guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or both.”.

6. 1978

   Pub. L. 95–376 § 3(a) · 92 Stat. 714

   Substituted · 22 U.S.C. § 1980(e)

   Pub. L. 95–376 substituted provisions authorizing the imposition of a maximum 20 per cent surcharge in addition to any fee imposed under section 1824(b)(10) of title 16 for provisions authorizing the Secretary to establish by regulation fees to recover the cost of administering this section

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–376 substituted provisions authorizing the imposition of a maximum 20 per cent surcharge in addition to any fee imposed under section 1824(b)(10) of title 16 for provisions authorizing the Secretary to establish by regulation fees to recover the cost of administering this section.

   Enacted provision · exact public law section
   (a) Section 10 of the Fishermen’s Protective Act of 1961 (22 U.S.C. 1980) is amended to read as follows: “Sec. 10. (a) For purposes of this section— “(1) The terms ‘fishery’, ‘fishery conservation zone’, ‘fishing’, ‘fishing vessel’, ‘Secretary’, and ‘vessel of the United States’ shall each have the same respective meaning as is given to such terms in section 3 of the Fishery Conservation and Management Act of 1976 (16 1802). “(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 Vessel and Gear Damage Compensation Fund established under subsection (f). “(b) Subject to the provisions of this section, the owner or operator Damages to fishing vessels and gear, compensation. (hereinafter referred to as the ‘vessel owner’) of any fishing vessel which is a vessel of the United States is eligible for monetary 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, 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 Fishery Conservation and Management Act of 1976, and 16 USC 1801 note. “(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 (i) any other vessel, whether such vessel is a vessel of the United States, or (ii) an act of God. “(c) A vessel owner is not eligible for compensation under this section with respect to fishing vessel or fishing gear damage, loss, or destruction unless such owner— “(1) makes application to the Secretary for compensation under this section within sixty days after the day on winch the damage, loss, or destruction occurred or was first noticed by the owner; “(2) pays upon making such application a reasonable administrative fee which the Secretary shall deposit into the fund; “(3) has, Regulations. in such form as the Secretary shall prescribe by regulation, a current inventory or other evidence of possession of the fishery vessel or fishing gear concerned; “(4) has complied with all applicable regulations, if any, relating to the marking of, and (if appropriate) the notification of the location of, the fishing gear concerned; and “(5) is Regulations. in compliance with such other regulations as may be prescribed by the Secretary to carry out this section. “(d) (1) Application Application for compensation. Regulations. for compensation under this section shall be made in such form and manner, and include such documentation and other evidence relating to the cause and extent of the damage, loss, or destruction claimed, as the Secretary shall prescribe by regulation. The Secretary shall promptly, but not later than sixty days after receipt of an application, consider, and issue an initial determination with respect to, the application. “(2) The amount of compensation awarded to any vessel owner under this section shall be— “(A) determined on the basis of the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or fishing gear concerned; “(B) proportionally reduced to the extent that evidence indicates that negligence by the vessel owner contributed to the cause or extent of the damage, loss, or destruction; and “(C) reduced by the amount of compensation, if any, which the vessel owner has received or will receive with respect to the damage, loss, or destruction, through insurance, pursuant to any other provision of law, or otherwise. “(3) The initial determination made by the Secretary under paragraph (1) with respect to any application shall— “(A) if the application is disapproved, set forth the reasons therefor; or “(B) if the application is approved, set forth the amount of compensation to which the applicant is entitled and the basis on which such amount was determined. “(4) Any Review. vessel owner who is aggrieved by any decision of the Secretary contained in the initial determination of the Secretary regarding such owner’s application may, within thirty days after the date of issue of the initial determination, petition the Secretary for a review of the decision. If petition for review is not made to the Secretary within such thirty-day period regarding the initial determination, the initial determination shall be deemed to be the final determination on the application. Before undertaking any such review, the Secretary shall provide to the vessel owner opportunity to submit additional written or oral evidence relating to the decision. After review the Secretary shall issue a final determination with respect to the application. “(5) If compensation is awarded under the final determination on any application, the Secretary shall promptly pay from the fund to such owner the amount of compensation stated in the final determination. Upon the acceptance of such payment by the vessel owner, the United States shall be subrogated to all rights of the vessel owner with respect to which the payment is made. “(e) In addition to any fee imposed under section 204(b)(10) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1824(b)(10)) with respect to any foreign fishing vessel for any year after 1978, the Secretary shall impose a surcharge in an amount not to exceed 20 percent of the amount of the fee imposed under such section for such year. The failure to pay any surcharge imposed under this subsection with respect to any foreign fishing vessel shall be treated by the Secretary as a failure to pay the fee for such vessel under such section 204(b)(10). “(f) (1) There is established in the Treasury of the United States Fishing Vessel and Gear Damage Compensation Fund. Establishment. the Fishing Vessel and Gear Damage Compensation Fund. The fund shall be available without fiscal year limitation as a revolving fund for the purposes of administering, and paying compensation awarded under this section. “(2) The fund shall consist of— “(A) all sums recovered by the United States in the exercise of rights subrogated to it under subsection (d)(5); “(B) all administrative fees collected under subsection (c)(2); “(C) all surcharges collected under subsection (e); “(D) revenues received from deposits or investments made under the last sentence of this paragraph; and “(E) any revenue acquired through the issuance of obligations under paragraph (3). Sums may be expended from the fund only to such extent and in such amounts as are provided in advance in appropriation Acts. Sums in the fund which are not currently needed for the purpose of paying such awards shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. “(3) Whenever the amount in the fund is not sufficient to pay compensation under this section, the Secretary may issue, in an amount not to exceed $5,000,000, notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such notices or other obligations shall bear interest at a rate to be determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notices or other obligations. Moneys obtained by the Secretary under this paragraph shall be deposited in the fund and redemptions of any such notices or other obligations shall be made from the fund. The Secretary of the Treasury shall purchase any such notes or other obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. The Secretary 31 USC 774. of the Treasury may sell any such notices or other obligations at such times and prices and upon such terms and conditions as he shall determine. All purchases, redemptions, and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. All borrowing authority contained herein shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. “(g) Any Penalty. person who willful y makes any false or misleading statement or representation for the purpose of obtaining compensation under this section is guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or both.”.

7. 1978

   Pub. L. 95–376 § 3(a) · 92 Stat. 714

   Added · 22 U.S.C. § 1980(f); 22 U.S.C. § 1980(g)

   Pub. L. 95–376 added subsecs. (f) and (g)

   Source evidence

   Code amendment note
   Subsecs. (f), (g). Pub. L. 95–376 added subsecs. (f) and (g).

   Enacted provision · exact public law section
   (a) Section 10 of the Fishermen’s Protective Act of 1961 (22 U.S.C. 1980) is amended to read as follows: “Sec. 10. (a) For purposes of this section— “(1) The terms ‘fishery’, ‘fishery conservation zone’, ‘fishing’, ‘fishing vessel’, ‘Secretary’, and ‘vessel of the United States’ shall each have the same respective meaning as is given to such terms in section 3 of the Fishery Conservation and Management Act of 1976 (16 1802). “(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 Vessel and Gear Damage Compensation Fund established under subsection (f). “(b) Subject to the provisions of this section, the owner or operator Damages to fishing vessels and gear, compensation. (hereinafter referred to as the ‘vessel owner’) of any fishing vessel which is a vessel of the United States is eligible for monetary 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, 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 Fishery Conservation and Management Act of 1976, and 16 USC 1801 note. “(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 (i) any other vessel, whether such vessel is a vessel of the United States, or (ii) an act of God. “(c) A vessel owner is not eligible for compensation under this section with respect to fishing vessel or fishing gear damage, loss, or destruction unless such owner— “(1) makes application to the Secretary for compensation under this section within sixty days after the day on winch the damage, loss, or destruction occurred or was first noticed by the owner; “(2) pays upon making such application a reasonable administrative fee which the Secretary shall deposit into the fund; “(3) has, Regulations. in such form as the Secretary shall prescribe by regulation, a current inventory or other evidence of possession of the fishery vessel or fishing gear concerned; “(4) has complied with all applicable regulations, if any, relating to the marking of, and (if appropriate) the notification of the location of, the fishing gear concerned; and “(5) is Regulations. in compliance with such other regulations as may be prescribed by the Secretary to carry out this section. “(d) (1) Application Application for compensation. Regulations. for compensation under this section shall be made in such form and manner, and include such documentation and other evidence relating to the cause and extent of the damage, loss, or destruction claimed, as the Secretary shall prescribe by regulation. The Secretary shall promptly, but not later than sixty days after receipt of an application, consider, and issue an initial determination with respect to, the application. “(2) The amount of compensation awarded to any vessel owner under this section shall be— “(A) determined on the basis of the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or fishing gear concerned; “(B) proportionally reduced to the extent that evidence indicates that negligence by the vessel owner contributed to the cause or extent of the damage, loss, or destruction; and “(C) reduced by the amount of compensation, if any, which the vessel owner has received or will receive with respect to the damage, loss, or destruction, through insurance, pursuant to any other provision of law, or otherwise. “(3) The initial determination made by the Secretary under paragraph (1) with respect to any application shall— “(A) if the application is disapproved, set forth the reasons therefor; or “(B) if the application is approved, set forth the amount of compensation to which the applicant is entitled and the basis on which such amount was determined. “(4) Any Review. vessel owner who is aggrieved by any decision of the Secretary contained in the initial determination of the Secretary regarding such owner’s application may, within thirty days after the date of issue of the initial determination, petition the Secretary for a review of the decision. If petition for review is not made to the Secretary within such thirty-day period regarding the initial determination, the initial determination shall be deemed to be the final determination on the application. Before undertaking any such review, the Secretary shall provide to the vessel owner opportunity to submit additional written or oral evidence relating to the decision. After review the Secretary shall issue a final determination with respect to the application. “(5) If compensation is awarded under the final determination on any application, the Secretary shall promptly pay from the fund to such owner the amount of compensation stated in the final determination. Upon the acceptance of such payment by the vessel owner, the United States shall be subrogated to all rights of the vessel owner with respect to which the payment is made. “(e) In addition to any fee imposed under section 204(b)(10) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1824(b)(10)) with respect to any foreign fishing vessel for any year after 1978, the Secretary shall impose a surcharge in an amount not to exceed 20 percent of the amount of the fee imposed under such section for such year. The failure to pay any surcharge imposed under this subsection with respect to any foreign fishing vessel shall be treated by the Secretary as a failure to pay the fee for such vessel under such section 204(b)(10). “(f) (1) There is established in the Treasury of the United States Fishing Vessel and Gear Damage Compensation Fund. Establishment. the Fishing Vessel and Gear Damage Compensation Fund. The fund shall be available without fiscal year limitation as a revolving fund for the purposes of administering, and paying compensation awarded under this section. “(2) The fund shall consist of— “(A) all sums recovered by the United States in the exercise of rights subrogated to it under subsection (d)(5); “(B) all administrative fees collected under subsection (c)(2); “(C) all surcharges collected under subsection (e); “(D) revenues received from deposits or investments made under the last sentence of this paragraph; and “(E) any revenue acquired through the issuance of obligations under paragraph (3). Sums may be expended from the fund only to such extent and in such amounts as are provided in advance in appropriation Acts. Sums in the fund which are not currently needed for the purpose of paying such awards shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. “(3) Whenever the amount in the fund is not sufficient to pay compensation under this section, the Secretary may issue, in an amount not to exceed $5,000,000, notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such notices or other obligations shall bear interest at a rate to be determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notices or other obligations. Moneys obtained by the Secretary under this paragraph shall be deposited in the fund and redemptions of any such notices or other obligations shall be made from the fund. The Secretary of the Treasury shall purchase any such notes or other obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. The Secretary 31 USC 774. of the Treasury may sell any such notices or other obligations at such times and prices and upon such terms and conditions as he shall determine. All purchases, redemptions, and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. All borrowing authority contained herein shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. “(g) Any Penalty. person who willful y makes any false or misleading statement or representation for the purpose of obtaining compensation under this section is guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or both.”.

8. 1980

   Pub. L. 96–289 § 4(b) · 94 Stat. 605

   Substituted · 22 U.S.C. § 1980(c)

   Pub. L. 96–289 substituted “90” for “sixty” in par. (1)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–289 substituted “90” for “sixty” in par. (1).

   Enacted provision · exact public law section
   (b) Section 10(c)(1) of the Fishermens Protective Act of 1967 (22 U.S.C. 1980) is amended by striking “sixty” and substituting “90”

9. 1980

   Magnuson Fishery Conservation and Management Act

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

   Substituted · 22 U.S.C. § 1980(a)(1)

   Pub. L. 96–561, § 238(b), substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 96–561, § 238(b), 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.

10. 1980

    American Fisheries Promotion Act

    Pub. L. 96–561 § 241(1) · 94 Stat. 3275

    Added · 22 U.S.C. § 1980(a)(4)

    Pub. L. 96–561, § 241(1), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 96–561, § 241(1), added par. (4).

    Enacted provision · exact public law section
    (1) Subsection (a) is amended by adding at the end thereof the following: “(4) The term ‘resulting economic loss’ means the gross “Resulting economic loss.” income, as estimated by the Secretary, that a fishing vessel owner or operator who is eligible for compensation under this section for damage to, loss of, or destruction 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 before the vessel or gear, or both, are repaired or replaced and available for use.”.

11. 1980

    American Fisheries Promotion Act

    Pub. L. 96–561 title II · 94 Stat. 3275

    1. Substituted · 22 U.S.C. § 1980(b)

       Pub. L. 96–561, §§ 238(b), 241(2), inserted in provision preceding par. (1) “and for any resulting economic loss” after “or both,” substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”

    2. Struck · 22 U.S.C. § 1980(b)

       Pub. L. 96–561, §§ 238(b), 241(2), struck out provision in par. (2)(B) permitting compensation in the case of fishing gear lost, damaged, or destroyed by an act of God

    3. Inserted · 22 U.S.C. § 1980(b)

       Pub. L. 96–561, §§ 238(b), 241(2), inserted provision following par. (2)(B) establishing for purposes of subpar. (B) a rebuttable presumption that any damage, loss, or destruction of fishing gear is attributable to another vessel

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–561, §§ 238(b), 241(2), inserted in provision preceding par. (1) “and for any resulting economic loss” after “or both,” substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”, struck out provision in par. (2)(B) permitting compensation in the case of fishing gear lost, damaged, or destroyed by an act of God, and inserted provision following par. (2)(B) establishing for purposes of subpar. (B) a rebuttable presumption that any damage, loss, or destruction of fishing gear is attributable to another vessel.

    Enacted provision · exact public law
    TITLE II— PROMOTION OF AMERICAN FISHERIES SEC. 201. SHORT TITLE. This title may be cited as the “American Fisheries Promotion Act”. Part A— Research and Development Regarding United States Fisheries SEC. 210. RESEARCH AND DEVELOPMENT PROJECTS AND PROGRAMS. Section 2 of the Act of August 11, 1939 (commonly referred to as the Saltonstall-Kennedy Act, 15 U.S.C. 713c–3), is amended— (1) by striking out subsections (b), (c), (d), and (e); (2) by redesignating subsection (a) as subsection (b); (3) by inserting immediately before subsection (b) (as so redesignated) the following new subsection: “Sec. 2. (a) Definitions.— As used in this section— “(1) The term ‘person’ means— “(A) any individual who is a citizen or national of the United States or a citizen of the Northern Mariana Islands; “(B) any fishery development foundation or other private nonprofit corporation located in Alaska; and “(C) any corporation, partnership, association, or other entity (including, but not limited to, any fishery development foundation or other private nonprofit corporation not located in Alaska), nonprofit or otherwise, if such entity is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916 (46 U.S.C. 802) and for purposes of applying such section 2 with respect to this section— “(i) the term ‘State’ as used therein includes any State referred to in paragraph (3), “(ii) citizens of the United States must own not less than 75 percent of the interest in the entity or, in the case of a nonprofit entity, exercise control in the entity that is determined by the Secretary to be the equivalent of such ownership, and “(iii) nationals of the United States and citizens of the Northern Mariana Islands shall be treated as citizens of the United States in meeting the ownership and control requirements referred to in clause (ii). “(2) The term ‘Secretary’ means the Secretary of Commerce. “(3) The term ‘State’ means any State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands of the United States, Guam, the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States. “(4) The term ‘United States fishery’ means any fishery, including any tuna fishery, that is, or may be, engaged in by citizens or nationals of the United States or citizens of the Northern Mariana Islands. “(5) The term ‘citizen of the Northern Mariana Islands’ means— “(A) an individual who qualifies as such under section 8 of the Schedule on Transitional Matters attached to the Constitution of the Northern Mariana Islands; or “(B) a corporation, partnership, association, or other entity organized or existing under the laws of the Northern Mariana Islands, not less than 75 percent of the interest in which is owned by individuals referred to in subparagraph (A) or citizens or nationals of the United States, in cases in which ‘owned’ is used in the same sense as in section 2 of the Shipping Act, 1916 (46 U.S.C. 802).”; (4) by amending subsection (b) (as so redesignated)— (i) by inserting “Fund.—” immediately after “(b)” and before the first word of such subsection, (ii) by striking out “Secretary of the Interior” the first place it appears therein and inserting in lieu thereof “Secretary”, (iii) by striking out “and used by the Secretary of the Interior” and inserting in lieu thereof “only for use by the Secretary”, and (iv) by striking out clauses (1), (2), and (3) and inserting in lieu thereof the following: “(1) to provide financial assistance for the purpose of carrying out fisheries research and development projects approved under subsection (c), and (2) to implement the national fisheries research and development program provided for under subsection (d).”: and (5) by adding immediately after subsection (b) (as so redesignated) the following: “(c) Fisheries Research and Development Projects.— (1) The Secretary shall make grants from the fund established under subsection (b) to assist persons in carrying out research and development projects addressed to any aspect of United States fisheries, including, but not limited to, harvesting, processing, marketing, and associated infrastructures. “(2) The Secretary shall— “(A) at least once each fiscal year, receive, during a 60-day period specified by him, applications for grants under this subsection; “(B) prescribe the form and manner in which applications for grants under this subsection must be made, including, but not limited to, the specification of the information which must accompany applications to ensure that the proposed projects comply with Federal law and can be evaluated in accordance with paragraph (3)(B); and “(C) approve or disapprove each such application before the close of the 120th day after the last day of the 60-day period (specified under subparagraph (A)) in which the application was received. “(3) No application for a grant under this subsection may be Approval provisions. approved unless the Secretary— “(A) is satisfied that the applicant has the requisite technical and financial capability to carry out the project; and “(B) evaluates the proposed project as to— “(i) soundness of design, “(ii) the possibilities of securing productive results, “(iii) minimization of duplication with other fisheries research and development projects, “(iv) the organization and management of the project, “(v) methods proposed for monitoring and evaluating the success or failure of the project, and “(vi) such other criteria as the Secretary may require. “(4) Each grant made under this subsection shall be subject to such Terms and conditions. terms and conditions as the Secretary may require to protect the interests of the United States, including, but not limited to, the following: “(A) The recipient of the grant must keep such records as the Recordkeeping requirements. Secretary shall require as being necessary or appropriate for disclosing the use made of grant funds and shall allow the Secretary and the Comptroller General of the United States, or any of their authorized representatives, access to such records for purposes of audit and examination. “(B) The amount of a grant may not be less than 50 percent of the estimated cost of the project. “(C) The recipient of the grant must submit to the Secretary Reports. periodic project status reports. “(5) (A) If the cost of a project will be shared by the grant recipient, the Secretary shall accept, as a part or all of that share, the value of in-kind contributions made by the recipient, or made available to, and applied by, the recipient, with respect to the project. “(B) For purposes of subparagraph (A), in-kind contributions may be in the form of, but are not limited to, personal services rendered in carrying out functions related to, and permission to use real or personal property owned by others (for which consideration is not required) in carrying out the project. The Secretary shall establish (i) the training, experience, and other qualifications which shall be required in order for services to be considered as in-kind contributions; and (ii) the standards under which the Secretary will determine the value of in-kind contributions for purposes of subparagraph (A). “(C) Any valuation determination made by the Secretary for purposes of this paragraph shall be conclusive. “(d) National Fisheries Research and Development Program.— (1) The Secretary shall carry out a national program of research and development addressed to such aspects of United States fisheries (including, but not limited to, harvesting, processing, marketing, and associated infrastructures), if not adequately covered by projects assisted under subsection (c), as the Secretary deems appropriate. “(2) The Secretary shall, after consultation with appropriate representatives of the fishing industry, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives, an annual report, that must be submitted not later than 60 days before the close of each fiscal year, containing— “(A) the fisheries development goals and funding priorities under paragraph (1) for the next fiscal year; “(B) a description of all pending projects assisted under subsection (c) or carried out under paragraph (1), in addition to— “(i) a list of those applications approved and those disapproved under subsection (c), and the total amount of grants made, for the current fiscal year, and “(ii) a statement of the extent to which available funds were not obligated or expended by the Secretary for grants under subsection (c) during the current fiscal year; and “(C) an assessment of each project assisted under subsection (c) or carried out under paragraph (1) that was completed in the preceding fiscal year regarding the extent to which (i) the objectives of the project were attained, and (ii) the project contributed to fishery development. “(e) Allocation of Fund Moneys.— (1) With respect to any fiscal year, not less than 50 percent of— “(A) the moneys transferred to the fund under subsection (b) or any other provision of law with respect to that fiscal year; and “(B) such existing fund moneys carried over into that fiscal year; shall be used by the Secretary during that fiscal year to provide financial assistance for projects under subsection (c); and the remainder of such moneys in the fund shall be used to implement the national fisheries research and development program established under subsection (d) during that fiscal year. “(2) Moneys accruing to the fund established under subsection (b) for any fiscal year and not expended with respect to that year shall remain available for expenditure under this section without fiscal year limitation.”. SEC. 211. UNITED STATES FISHERY TRADE OFFICERS. (a) Appointment.— For purposes of carrying out export promotion and other fishery development responsibilities, the Secretary of Commerce (hereinafter in this section referred to as the “Secretary”) shall appoint not fewer than six officers who shall serve abroad to promote United States fishing interests. These officers shall be knowledgeable about the United States fishing industry, preferably with experience derived from the harvesting, processing, or marketing sectors of the industry or from the administration of fisheries programs. Such officers, who shall be employees of the Department of Commerce, shall have the designation of fishery trade officers. (b) Assignment.— Upon the request of the Secretary, the Secretary of State shall officially assign fishery trade officers to such diplomatic missions of the United States as the Secretary designates (three of which shall be those in Brussels, Belgium; Rome, Italy; and Tokyo, Japan) and shall obtain for them diplomatic privileges and immunities equivalent to those enjoyed by foreign service personnel of comparable rank and salary. (c) Functions of Fishery Trade Officers.— The functions of fishery trade officers appointed under subsection (a) shall be— (1) to increase the effectiveness of United States fishery export promotion efforts through such activities as the coordination of market development efforts and the provision of services and facilities for exporters of United States fishery products; (2) to develop, maintain, and make available to interested persons listings of (A) trade, government, and other organizations that are concerned with, or have an interest in, international trade in United States fishery products, and (B) United States fishery products available for such trade; (3) to prepare quarterly reports regarding (A) the supply, demand, and prices of each United States fishery product exported, or for which there may be export potential, to the foreign nation or area concerned, and (B) the trade barriers or incentives of such nation or area that affect imports of such products; (4) to prepare weekly statements regarding the prices for each fishery product for which there may be United States export potential to the foreign nation or area concerned; and (5) to carry out such other functions as the Secretary may require. (d) Administration.— The Secretary of State and the Secretary shall enter into cooperative arrangements concerning the provision of office space, equipment, facilities, clerical services, and such other administrative support as may be required for fishery trade officers and their families. Part B— Financial Assistance With Respect to Fishing Vessels and Fishery Facilities SEC. 220. GUARANTEE OF OBLIGATIONS FOR FISHING VESSELS AND FOR FISHERY FACILITIES. Title XI of the Merchant Marine Act, 1936 (46 U.S.C. 1271–1280) is 46 USC 1271. amended as follows: (1) Section 1101 is amended: Definitions. 46 USC 1271. (A) in subsection (h) by striking “equipping; and” and substituting “equipping;”; (B) in subsection (i) by striking “mark.” and substituting “mark;”; and (C) by adding at the end thereof the following new subsections: “(j) The term ‘citizen of the Northern Mariana Islands’ means— “(1) an individual who qualifies as such under section 8 of the Schedule on Transitional Matters attached to the Constitution of the Northern Mariana Islands; or “(2) a corporation, partnership, association, or other entity formed under the laws of the Northern Mariana Islands, not less than 75 percent of the interest in which is owned by individuals referred to in paragraph (1) or citizens or nationals of the United States, in cases in which ‘owned’ is used in the same sense as in section 2 of the Shipping Act, 1916 (46 U.S.C. 802); “(k) The term ‘fishery facility’ means— “(1) for operations on land— “(A) any structure or appurtenance thereto designed for the unloading and receiving from vessels, the processing, the holding pending processing, the distribution after processing, or the holding pending distribution, of fish from one or more fisheries, “(B) the land necessary for any such structure or appurtenance described in subparagraph (A), and “(C) equipment which is for use in connection with any such structure or appurtenance and which is necessary for the performance of any function referred to in subparagraph (A); or “(2) for operations other than on land, any vessel built in the United States used for, equipped to be used for, or of a type which is normally used for, the processing of fish; but only if such structure, appurtenance, land, equipment, or vessel is owned by an individual who is a citizen or national of the United States or a citizen of the Northern Mariana Islands or by a corporation, partnership, association, or other entity that is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916 (46 U.S.C. 802), and for purposes of applying such section 2 with respect to this section— “(i) the term ‘State’ as used therein includes any State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands of the United States, Guam, the Northern Mariana Islands, or any other Commonwealth, territory, or possession of the United States; and (ii) citizens of the United States must own not less than 75 percent of the interest in the entity and nationals of the United States or citizens of the Northern Mariana Islands shall be treated as citizens of the United States in meeting such ownership requirement; “(l) The term ‘fishing vessel’ has the meaning given such term by section 3(11) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1802(11)); and any reference in this title to a vessel designed principally for commercial use in the fishing trade or industry snail be treated as a reference to a fishing vessel; “(m) The term ‘United States’ when used in a geographical context with respect to fishing vessels or fishery facilities includes all States referred to in subsection (k)(i).”. (2) Section 1103(f) is amended by inserting immediately before the period the following: “; except that— “(1) not less than 3 percent, nor more than 7 percent, of such sum shall be reserved for the guarantee of obligations for fishing vessels and fishery facilities that meet the economic soundness criteria set forth in section 1104(d)(1), and “(2) not less than 3 percent, nor more than 7 percent, of such sum shall be reserved for the guarantee of obligations for fishing vessels and fishery facilities that meet the economic soundness criteria set forth in section 1104(d)(2), but the aggregate amount reserved for the purposes set forth in paragraphs (1) and (2) must equal 10 percent of such sum.”. (3) Section 1104 is amended— (A) in subsection (a)— (i) by striking out “(D) in the fishing trade or industry; or (E)” in paragraph (1) and inserting in lieu thereof “; or(D)”; (ii) by redesignating subparagraph (F) in paragraph (1) as subparagraph (E); (iii) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively, and by inserting immediately after paragraph (1) the following new paragraph: “(2) financing, including reimbursement of an obligor for expenditures previously made for, construction, reconstruction, reconditioning, or purchase of a vessel or vessels owned by citizens or nationals of the United States or citizens of the Northern Mariana Islands which are designed principally for research, or for commercial use in the fishing trade or industry;”; (iv) by striking out “or” at the end of paragraph (4) (as redesignated by clause (iii)); (v) by striking out “or (3)” in paragraph (5) (as so redesignated) and inserting in lieu thereof “(3), or (4)”, and by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and (vi) by adding immediately after paragraph (5) the following: “(6) financing or refinancing, including, but not limited to, the reimbursement of obligors for expenditures previously made for, the construction, reconstruction, reconditioning, or purchase of fishery facilities; or “(7) financing the purchase of fishing vessels or fishery facilities, the construction, reconstruction, reconditioning, or purchase of which was guaranteed under this title, that are sold at foreclosure instituted by the Secretary, or are sold by the Secretary following purchase at foreclosure, and the reconstruction or reconditioning thereof. Any obligation guaranteed under paragraph (6) shall be treated, for purposes of this title, in the same manner and to the same extent as an obligation guaranteed under this title which aids in the construction, reconstruction, reconditioning, or purchase of a vessel; except with respect to provisions of this title that by their nature can only be applied to vessels.”; (B) by adding at the end of subsection (b) the following: “The Secretary may not establish, as a condition of eligibility for guarantee under this title, a minimum principal amount for an obligation covering the reconstruction or reconditioning of a fishing vessel or fishery facility. For purposes of this title, the reconstruction or reconditioning of a fishing vessel or fishery facility does not include the routine minor repair or maintenance of the vessel or facility.”; (C) in subsection (d)— (i) by striking out “No” and inserting in lieu thereof “(1) Except as provided in paragraph (2), no”; and (ii) by adding at the end thereof the following: “(2) In applying paragraph (1) with respect to commitments to guarantee, and the guarantee of, obligations for fishing vessels and fishery facilities used for underutilized fisheries, the Secretary of Commerce may apply an economic soundness test that is less stringent than that which has been traditionally applied to obligation guarantees under this paragraph. “(3) No commitment to guarantee, or guarantee of an obligation may be made by the Secretary of Commerce under this title for the purchase of a used fishing vessel or used fishery facility unless— “(A) the vessel or facility will be reconstructed or reconditioned in the United States and will contribute to the development of the United States fishing industry; or “(B) the vessel or facility will be used in the harvesting of fish from, or for a purpose described in section 1101(k) with respect to, Ante, p. 3291. an underutilized fishery.”; and (D) in subsection (g)— (i) by inserting “(1)” immediately after “(g)”; and (ii) by adding at the end thereof the following new paragraph: “(2) The Secretary of Commerce shall establish within the Fund the following subfunds: “(A) The standard fishery subfund which shall contain all moneys received for, and incident to, the guarantee of obligations with respect to fishing vessels and fishery facilities to which the Ante, p. 3292. economic soundness criteria set forth in section 1104(d)(1) apply. “(B) The underutilized fishery subfund which shall contain all moneys received for, and incident to, the guarantee of obligations with respect to fishing vessels and fishery facilities to which the Ante, p. 3292. economic soundness criteria set forth in section 1104(d)(2) apply. “(C) The general subfund which shall contain all moneys received for, and incident to, the guarantee of obligations for vessels other than fishing vessels.”. (4) The first sentence of section 1105(d) is amended by inserting immediately before the period at the end thereof the following: “, and shall be paid from the appropriate subfund required to be Supra. established under section 1104(g)(2)”. SEC. 221. LOANS UNDER THE FISH AND WILDLIFE ACT OF 1956. (a) Loan Authority Until October 1, 1982.— During the period beginning on the date of the enactment of this title and ending at the close of September 30, 1982, the Secretary of Commerce (hereinafter in this section referred to as the “Secretary”) may make loans from the fisheries loan fund established under subsection (c) of section 4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c) only for the purposes set forth in subsections (b) and (c) of this section. Except to the extent that they are inconsistent with, or contrary to, this section, the provisions of such section 4 shall apply with respect to loans made for such purposes. (b) Loans To Avoid Default on Obligations Covering Fishing Vessels.— (1) The Secretary may make loans for the purpose of assisting obligors to avoid default on obligations that are issued with respect to the construction, reconstruction, reconditioning or purchase of fishing vessels and that— (A) are guaranteed by the United States under title XI of the Ante, p. 3291. Merchant Marine Act, 1936 (46 U.S.C. 1271–1280, relating to Federal ship mortgage insurance); or (B) are not guaranteed under such title XI, but the fishing vessels concerned meet the use and documentation requirements, and the obligors meet the citizenship requirements, that would apply if the obligations were guaranteed under that title. (2) (A) Within the 30-day period beginning on the date of the enactment of this title in the case of fiscal year 1981, and before the beginning of fiscal year 1982, the Secretary shall estimate the number, and the aggregate amount, of loans described in paragraph (1)(A) for which application will likely be made during each of such fiscal years and shall reserve that amount in the fisheries loan fund for the purpose of making such loans during such year (or if such amount is larger than the fund balance, the Secretary shall reserve the whole fund for such purpose). (B) If any moneys are available in the fisheries loan fund for each such fiscal year after subparagraph (A) is complied with for that year, the Secretary shall use such moneys for the purpose of making loans described in paragraph (1)(B) during that year. (C) At an appropriate time during each of fiscal years 1981 and 1982, the Secretary shall compare the actual loan experience during that year with the estimate made for that year under subparagraph (A) and if the Secretary determines, on the basis of such comparison, that the demand for loans described in paragraph (1)(A) will be less than estimated, the Secretary shall, for the fiscal year concerned, apply moneys reserved for such loans for the purpose of making loans described in paragraph (1)(B) and, to the extent not utilized for loans described in paragraph (1)(B), for the purpose of making loans under subsection (c). (3) The Secretary may make loans under this subsection only to Eligibility requirements. owners or operators who, in the judgment of the Secretary, have substantial experience and proven ability in the management and financing of fishing operations, and only if (A) loans for the purpose described in paragraph (1) are not otherwise available at reasonable rates which permit continued operation, and (B) the loans are likely to result in the financial viability of the fishing operations of the owners or operators. Each such loan shall be subject to such terms Terms and conditions. and conditions as the Secretary deems necessary or appropriate to protect the interests of the United States and to carry out the purpose of this subsection. In establishing such terms and conditions, the Secretary shall take into account, among such other factors he deems pertinent, the extent to which the obligations concerned have been retired, and the overall financial condition of the obligors. The interest rate on loans made under the authority of this subsection shall not exceed that rate determined by the Secretary to be sufficient to cover the costs incurred in processing and servicing of such loans. (c) Loans To Cover Operating Losses.— (1) If the Secretary determines that moneys will be available in such fisheries loan fund for fiscal year 1981 or 1982, or both, after loans under subsection (b) are provided for for that year, the Secretary may make loans for the purpose of assisting owners and operators of fishing vessels to cover vessel operating expenses in cases where an owner or operator incurs, or may incur, a net operating loss within such fiscal year. (2) Each loan made by the Secretary under this subsection shall be Terms and conditions. subject to such terms and conditions as the Secretary deems necessary or appropriate to protect the interests of the United States and to carry out the purposes of this subsection. The Secretary may make loans under this subsection only to owners or operators who, in the judgment of the Secretary, have substantial experience and proven ability in the management and financing of fishing operations, and only if (A) loans for the purpose described in paragraph (1) are not otherwise available at reasonable rates which permit continued operation, and (B) the loans are likely to result in the financial viability of the fishing operations of the owners or operators. The interest rate on loans made under this subsection shall be the rate prevailing for loans made under the Emergency Agricultural Credit Act of 1978 (7 U.S.C. preceding 1961 note). Part C— Amendments to the Fishery Conservation and Management Act of 1976 subpart 1— foreign fishing in fisheries subject to the exclusive fishery management authority of the united states SEC. 230. FOREIGN FISHING. Section 201(d) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1821(d)) is amended to read as follows: “(d) Total Allowable Level of Foreign Fishing.— (1) As used in this subsection— “(A) The term ‘base harvest’ means, with respect to any United States fishery, the total allowable level of foreign fishing during the 1979 harvesting season. “(B) The term ‘harvesting season’ means the period established under this Act by the Secretary during which foreign fishing is permitted within a United States fishery. For purposes of this subsection, a harvesting season is designated by the calendar year in which the last day of the harvesting season occurs, regardless whether fishing is not permitted on that day due to emergency or other closure of the fishery. “(C) The term ‘calculation factor’ means, with respect to each United States fishery, 15 percent of the base harvest. “(D) The term ‘reduction factor amount’ means, with respect to each United States fishery, for any harvesting season after the 1980 harvesting season— “(i) an amount equal to 15 percent of the base harvest for that fishery, if, in addition to the level of harvest by vessels of the United States in the designated preceding harvesting season for the fishery, such vessels harvest, in one or more harvesting seasons, not less than 75 percent of the calculation factor; “(ii) an amount equal to 10 percent of the base harvest for the fishery, if, in addition to the level of harvest by vessels of the United States in the designated preceding harvesting season for the fishery, such vessels harvest, in one or more harvesting seasons, not less than 50 percent, but less than 75 percent, of the calculation factor; or “(iii) an amount equal to 5 percent of the base harvest for the fishery, if, in addition to the level of harvest by vessels of the United States in the designated previous harvesting season for the fishery, such vessels harvest, in one or more harvesting seasons, not less than 25 percent, but less than 50 percent, of the calculation factor. For purposes of this paragraph, the term ‘designated preceding harvest season’ means— “(I) until a reduction factor amount is first achieved under this paragraph with respect to the fishery concerned, the 1979 harvesting season, and “(II) after such amount is first achieved, the most recent harvesting season in which a reduction factor amount was achieved. “(E) The term ‘annual fishing level’ for any United States fishery during any harvesting season after the 1980 harvesting season is the base harvest for the fishery reduced by— “(i) an amount equal to the reduction factor amount for that harvesting season; and “(ii) an amount equal to the increased level of harvest by vessels of the United States over the level achieved by such vessels in the 1979 harvesting season for the fishery. “(F) The term ‘United States fishery’ means any fishery subject to the exclusive fishery management authority of the United States. “(2) The total allowable level of foreign fishing, if any, with respect Foreign fishing, total allowable level. to any United States fishery for each harvesting season after the 1980 harvesting season shall be— “(A) the level representing that portion of the optimum yield of such fishery that will not be harvested by vessels of the United States as determined in accordance with the provisions of this Act (other than those relating to the determination of annual fishing levels), or “(B) the annual fishing level determined pursuant to paragraph (8) for the harvesting season. “(3) For each United States fishery, the appropriate fishery management Annual fishing level. council, on a timely basis, may determine and certify to the Secretary of State and the Secretary the annual fishing level for that fishery for each harvesting season after the 1980 harvesting season. “(4) If with respect to any harvesting season for any United States Allowable levels, allocation. fishery for which the total allowable level of foreign fishing is determined under paragraph (2)(B), the Secretary, in consultation with the Secretary of State, approves the determination by any appropriate fishery management council that any portion of the optimum yield for that harvesting season will not be harvested by vessels of the United States, the Secretary of State, in accordance with subsection (e), shall allocate such portion for use during that harvesting season by foreign fishing vessels; except that if— “(A) the making available of such portion (or any part thereof) during that harvesting season is determined to be detrimental to the development of the United States fishing industry; and “(B) such portion or part will be available for harvest in the immediately succeeding harvesting season, as determined on the basis of the best available scientific information; then such portion or part shall be allocated for use by foreign fishing vessels in such succeeding harvesting season. The determinations required to be made under subparagraphs (A) and (B) of the preceding sentence shall be made by the Secretary in consultation with the Secretary of State and on the basis of any recommendation of any appropriate fishery management council.”. SEC. 231. ALLOCATION OF ALLOWABLE LEVELS OF FOREIGN FISHING. (a) Amendments.— The last sentence of section 201(e)(1) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1821(e)(1)) is amended to read as follows: “All such determinations shall be made by the Secretary of State and the Secretary on the basis of— “(A) whether, and to what extent, such nations impose tariff barriers or nontariff barriers on the importation, or otherwise restrict the market access, of United States fish or fishery products; “(B) whether, and to what extent, such nations are cooperating with the United States in the advancement of existing and new opportunities for fisheries trade, particularly through the purchase of fish or fishery products from United States processors or from United States fishermen; “(C) whether, and to what extent, such nations and the fishing fleets of such nations have cooperated with the United States in the enforcement of United States fishing regulations; “(D) whether, and to what extent, such nations require the fish harvested from the fishery conservation zone for their domestic consumption; “(E) whether, and to what extent, such nations otherwise contribute to, or foster the growth of, a sound and economic United States fishing industry, including minimizing gear conflicts with fishing operations of United States fishermen, and transferring harvesting or processing technology which will benefit the United States fishing industry; “(F) whether, and to what extent, the fishing vessels of such nations have traditionally engaged in fishing in such fishery; “(G) whether, and to what extent, such nations are cooperating with the United States in, and making substantial contributions to fishery research and the identification of fishery resources; and “(H) such other matters as the Secretary of State, in cooperation with the Secretary, deems appropriate.”. (b) Taking Effect of Amendments.— The amendments made by subsection (a) shall apply with respect to the 1981 harvesting season and harvesting seasons thereafter (as defined in section 201(d)(1) of Ante, p. 3296. the Fishery Conservation and Management Act of 1976, as amended by section 301). SEC. 232. PERMIT FEES. (a) Interim Fees.— (1) Effective with respect to permits issued under section 204(b) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1824(b)(10)) for 1981, paragraph (10) of such section is amended by striking out the last sentence thereof and inserting in lieu thereof the following: “Such fees shall be formulated so as to ensure that the receipts resulting from the payment of the fees under this paragraph for permits issued for 1981 are not less than an amount equal to 7 percent of the ex vessel value of the total harvest by foreign fishing vessels in the fishery conservation zone during 1979. The fees collected by the Secretary under this paragraph for permits issued for 1981 shall be transferred to the fisheries loan fund established under section 4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c) and used for the purpose of making loans therefrom, but only to the extent and in amounts provided for in advance in appropriation Acts.”. (b) Permanent Fees.— Effective with respect to permits issued under section 204(b) of such Act of 1976 after 1981, paragraph (10) of such section is amended to read as follows— “(10) Fees.— Fees shall be paid to the Secretary by the owner or operator of any foreign fishing vessel for which a permit is issued Schedule. pursuant to this subsection. The Secretary, in consultation with the Secretary of State, shall establish a schedule of such fees which shall apply nondiscriminatorily to each foreign nation. The fees imposed under this paragraph shall be at least in an amount sufficient to return to the United States an amount which bears to the total cost of carrying out the provisions of this Act (including, but not limited to, fishery conservation and management, fisheries research, administration, and enforcement, but excluding costs for observers covered by surcharges Post, p. 3299. under section 201(i)(4)) during each fiscal year the same ratio as the aggregate quantity of fish harvested by foreign fishing vessels within the fishery conservation zone during the preceding year bears to the aggregate quantity of fish harvested by both foreign and domestic fishing vessels within such zone and the territorial waters of the United States during such preceding year. The amount collected by the Secretary under this paragraph shall be transferred to the fisheries loan fund established under section 4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c) for so long as such fund exists and used for the purpose of making loans therefrom, but only to the extent and in amounts provided for in advance in appropriation Acts.”. SEC. 233. FISHERY DEVELOPMENT OBJECTIVES. Section 2(b)(6) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 180l(b)(6)) is amended by inserting immediately before the period at the end thereof the following: “, and to that end, to ensure that optimum yield determinations promote such development”. SEC. 234. FISHERY MANAGEMENT COUNCIL TRAVEL FUNDS. The second sentence of section 302(d) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852(d)) is amended by striking out the period and inserting in lieu thereof the following: “, and other nonvoting members may be reimbursed for actual expenses”. SEC. 235. NOTICE OF AVAILABILITY OF MANAGEMENT PLANS. Section 305(a) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1855(a)) is amended by inserting “a notice of availability of” immediately after “Federal Register (A)”. subpart 2— full observer coverage program SEC. 236. ESTABLISHMENT OF FULL OBSERVER COVERAGE PROGRAM. Section 201 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1821) is amended by adding at the end thereof the following new subsection: “(i) Full Observer Coverage Program.— (1) Except as provided in paragraph (2), the Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is engaged in fishing within the fishery conservation zone. “(2) The requirement in paragraph (1) that a United States Waiver. observer be placed aboard each foreign fishing vessel may be waived by the Secretary if he finds that— “(A) in a situation where a fleet of harvesting vessels transfers its catch taken within the fishery conservation zone to another vessel, aboard which is a United States observer, the stationing of United States observers on only a portion of the harvesting vessel fleet will provide a representative sampling of the by-catch of the fleet that is sufficient for purposes of determining whether the requirements of the applicable management plans for the by-catch species are being complied with; “(B) with respect to any foreign fishing vessel while it is engaged in fishing within the fishery conservation zone— “(i) the time during which the vessel engages in such fishing will be of such short duration that the placing of a United States observer aboard the vessel would be impractical, or “(ii) the facilities of the vessel for the quartering of a United States observer, or for the carrying out of observer functions, are so inadequate or unsafe that the health or safety of an observer would be jeopardized; or “(C) for reasons beyond the control of the Secretary, an observer is not available. “(3) United States observers, while aboard foreign fishing vessels, shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this Act. “(4) In addition to any fee imposed under section 204(b)(10) of this Act and section 10(e) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1980(e)) with respect to foreign fishing for any year after 1980, the Secretary shall impose, with respect to each foreign fishing vessel for which a permit is issued under such section 204, a surcharge in an amount sufficient to cover all the costs of providing a United States observer aboard that vessel. The failure to pay any surcharge imposed under this paragraph shall be treated by the Secretary as a failure to pay the permit fee for such vessel under section 204(b)(10). All surcharges collected by the Secretary under this paragraph shall be deposited in the Foreign Fishing Observer Fund established by paragraph (5). “(5) There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this subsection. The Fund shall consist of the surcharges deposited into it as required under paragraph (4). All payments made by the Secretary to carry out this subsection shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this subsection shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.”. SEC. 237. EFFECTIVE DATE. The amendment made by section 236 shall take effect October 1, 1981, and shall apply with respect to permits issued under section 204 16 USC 1824. of the Fishery Conservation and Management Act of 1976 after December 31, 1981. SEC. 238. SHORT TITLE. (a) Effective 15 days after the date of enactment of this title, section 1 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801) is amended to read as follows: “That this Act may be cited as the ‘Magnuson Fishery Conservation and Management Act’.”. (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. Part D— Miscellaneous Provisions SEC. 240. APPLICATIONS AND FILINGS FOR COMPENSATION FOR CERTAIN FISHING VESSEL AND GEAR DAMAGE. (a) In General.— If— (1) any owner or operator of a fishing vessel who suffered, after September 17, 1978, and before the date of the enactment of this title, damage to, or loss or destruction of, such vessel or fishing gear used with such vessel, but did not apply for compensation therefor under section 10 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1980) within the 60-day period prescribed in subsection (c)(1) of such section; or (2) any commercial fisherman who suffered, after September 17, 1978, and before the date of the enactment of this title, damages compensable under title IV of the Outer Continental Shelf Lands Act of 1978 (43 U.S.C. 1841 et seq.), but who did not timely file a claim therefor within the 60-day period prescribed in section 405(a) of such Act; 43 USC 1845. such owner or operator may make application for compensation with respect to such damage, loss or destruction under such section 10, and such commercial fisherman may file a claim for, compensation for such damages under such title IV, to the Secretary of Commerce, within the 60-day period beginning on the date of the enactment of this title. (b) Special Provisions.— (1) Notwithstanding any other provision of law— (A) any application or filing timely made under subsection (a) shall be treated by the Secretary of Commerce as an application timely made under such section 10(c)(1), or as a filing timely 22 USC 1980. 43 USC 1845. made under such section 405(a), as the case may be, with respect to the damage, loss, or destruction claimed; and (B) any claim for fishing gear loss that was pending on June 1, 1980, before the United States-Union of Soviet Socialist Republics Fisheries Claims Board or the American-Spanish Fisheries Board shall be treated by the Secretary of Commerce as a timely application made, on the date of the enactment of this title, under such section 10(c)(1) for compensation for such loss. (2) Section 403(c)(2)(A) of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1843(c)(2)(A)) is amended by striking out the semicolon at the end thereof and inserting in lieu thereof “and the party admits responsibility;”. SEC. 241. AMENDMENTS TO FISHERMEN S PROTECTIVE ACT OF 1967. Section 10 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1980) is amended as follows: (1) Subsection (a) is amended by adding at the end thereof the following: “(4) The term ‘resulting economic loss’ means the gross “Resulting economic loss.” income, as estimated by the Secretary, that a fishing vessel owner or operator who is eligible for compensation under this section for damage to, loss of, or destruction 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 before the vessel or gear, or both, are repaired or replaced and available for use.”. (2) Subsection (b) is amended— (A) by inserting “and for any resulting economic loss”, immediately after “, or both,” in the matter preceding paragraph (1); and (B) by striking out paragraph (2)(B) and inserting in lieu thereof the following: “(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 attributable to another vessel.”. (3) Subsection (c) is amended by inserting “and resulting economic loss” immediately after “destruction” in the matter appearing immediately before paragraph (1). (4) Subsection (d) is amended— (A) by inserting “, and resulting economic loss,” immediately after “destruction” in paragraph (1); and (B) by amending paragraph (2) to read as follows: “(2) The amount of compensation awarded to any vessel owner under this section shall be— “(A) the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or the fishing gear concerned; and “(B) 25 percent of any resulting economic loss. Any amount determined pursuant to subparagraph (A) or (B) shall be reduced to the extent that evidence indicates that negligence by the vessel owner or operator contributed to the cause or the extent of the damage, loss, or destruction and shall be further reduced by the amount of compensation, if any, that the vessel owner or operator has received or will receive with respect to the damage, loss, destruction, or resulting economic loss through insurance, pursuant to any other provision of law, or otherwise.”.

12. 1980

    American Fisheries Promotion Act

    Pub. L. 96–561 § 241(3) · 94 Stat. 3275

    Inserted · 22 U.S.C. § 1980(c)

    Pub. L. 96–561, § 241(3), inserted in provision preceding par. (1) “and resulting economic loss” after “destruction”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–561, § 241(3), inserted in provision preceding par. (1) “and resulting economic loss” after “destruction”.

    Enacted provision · exact public law section
    (3) Subsection (c) is amended by inserting “and resulting economic loss” immediately after “destruction” in the matter appearing immediately before paragraph (1).

13. 1980

    American Fisheries Promotion Act

    Pub. L. 96–561 § 241(4) · 94 Stat. 3275

    Inserted · 22 U.S.C. § 1980(d)

    Pub. L. 96–561, § 241(4), inserted in par. (1) “, and resulting economic loss,” after “destruction” and in par. (2) included within the amount of compensation awarded to any vessel owner 25 percent of any resulting economic loss

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–561, § 241(4), inserted in par. (1) “, and resulting economic loss,” after “destruction” and in par. (2) included within the amount of compensation awarded to any vessel owner 25 percent of any resulting economic loss.

    Enacted provision · exact public law section
    (4) Subsection (d) is amended— (A) by inserting “, and resulting economic loss,” immediately after “destruction” in paragraph (1); and (B) by amending paragraph (2) to read as follows: “(2) The amount of compensation awarded to any vessel owner under this section shall be— “(A) the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or the fishing gear concerned; and “(B) 25 percent of any resulting economic loss. Any amount determined pursuant to subparagraph (A) or (B) shall be reduced to the extent that evidence indicates that negligence by the vessel owner or operator contributed to the cause or the extent of the damage, loss, or destruction and shall be further reduced by the amount of compensation, if any, that the vessel owner or operator has received or will receive with respect to the damage, loss, destruction, or resulting economic loss through insurance, pursuant to any other provision of law, or otherwise.”.

14. 1980

    Magnuson Fishery Conservation and Management Act

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

    Substituted · 22 U.S.C. § 1980(e)

    Pub. L. 96–561, § 238(b), substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–561, § 238(b), 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.

15. 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. § 1980(a)(1); 22 U.S.C. § 1980(b)(1)(A); 22 U.S.C. § 1980(a)(e)

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

    Source evidence

    Code amendment note
    Subsecs. (a)(1), (b)(1)(A), (e). 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.

14 of 17 references resolved to an enrolled provision · 3 partial