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U.S. Code as of:
01/19/04
Section 1977. Reimbursement for seized commercial fishermen
(a) Agreement to reimburse for actual costs, confiscation or
spoilage of fish, and loss of income
The Secretary, upon receipt of an application filed with him at
any time after the effective date of this section by the owner of
any vessel of the United States which is documented or certificated
as a commercial fishing vessel, shall enter into an agreement with
such owner subject to the provision of this section and such other
terms and conditions as the Secretary deems appropriate. Such
agreement shall provide that, if said vessel is seized by a foreign
country and detained under the conditions of section 1972 of this
title, the Secretary shall guarantee -
(1) the owner of such vessel for all actual costs, except those
covered by section 1973 of this title, incurred by the owner
during the seizure and detention period and as a direct result
thereof, as determined by the Secretary, resulting (A) from any
damage to, or destruction of, such vessel, or its fishing gear or
other equipment, (B) from the loss or confiscation of such
vessel, gear, or equipment, or (C) from dockage fees or
utilities;
(2) the owner of such vessel and its crew for the market value
of fish caught before seizure of such vessel and confiscated or
spoiled during the period of detention; and
(3) the owner of such vessel and its crew for not to exceed 50
per centum of the gross income lost as a direct result of such
seizure and detention, as determined by the Secretary of State,
based on the value of the average catch per day's fishing during
the three most recent calendar years immediately preceding such
seizure and detention of the vessel seized, or, if such
experience is not available, then of all commercial fishing
vessels of the United States engaged in the same fishery as that
of the type and size of the seized vessel.
(b) Distribution of payments according to commercial fishing
practices and procedures
Payments made by the Secretary under paragraphs (2) and (3) of
subsection (a) of this section shall be distributed by the
Secretary in accordance with the usual practices and procedures of
the particular segment of the United States commercial fishing
industry to which the seized vessel belongs relative to the sale of
fish caught and the distribution of the proceeds of such sale.
(c) Establishment of fees; amount of fees; credit of fees to
separate Treasury account; payment from collected fees;
authorization of appropriations
The Secretary shall from time to time establish by regulation
fees which shall be paid by the owners of vessels entering into
agreements under this section. Such fees shall be adequate (1) to
recover the costs of administering this section, and (2) to cover a
reasonable portion of any payments made by the Secretary under this
section. All fees collected by the Secretary shall be credited to a
separate account established in the Treasury of the United States
which shall remain available without fiscal year limitation to
carry out the provisions of this section. Those fees not currently
needed for payments under this section shall be kept on deposit or
invested in obligations of, or guaranteed by, the United States and
all revenues accruing from such deposits or investments shall be
credited to such separate account. If a transfer of funds is made
to the separate account under section 1975(b)(2) of this title with
respect to an unpaid claim and such claim is later paid, the amount
so paid shall be covered into the Treasury as miscellaneous
receipts. All payments under this section shall be made first out
of such fees so long as they are available and thereafter out of
funds which are hereby authorized to be appropriated to such
account to carry out the provisions of this section.
(d) Finality of determinations; insured losses
All determinations made under this section shall be final. No
payment under this section shall be made with respect to any losses
covered by any policy of insurance or other provision of law.
(e) Effective date
The provisions of this section shall be effective until October
1, 2003; except that payments may be made under this section only
to such extent and in such amounts as are provided in advance in
appropriation Acts.
(f) Definitions
For the purposes of this section -
(1) the term "Secretary" means the Secretary of State.
(2) the term "owner" includes any charterer of a commercial
fishing vessel.
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