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U.S. Code as of:
01/19/04
Section 1980. Compensation for loss or destruction of commercial fishing vessel or gear
(a) Definitions
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 Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).(!1)
(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) of this
section.
(4) The term "resulting economic loss" means the gross 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.
(b) Causes of loss or destruction
Subject to the provisions of this section, the owner or operator
(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, and for any resulting economic loss, 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 Magnuson-Stevens Fishery Conservation and
Management Act [16 U.S.C. 1801 et seq.], and
(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 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.
(c) Eligibility for compensation
A vessel owner is not eligible for compensation under this
section with respect to fishing vessel or fishing gear damage,
loss, or destruction and resulting economic loss unless such owner
-
(1) makes application to the Secretary for compensation under
this section within 90 days after the day on which 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, 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 in compliance with such other regulations as may be
prescribed by the Secretary to carry out this section.
(d) Application for compensation; initial determination of
eligibility; amount of compensation; review of initial
determination; subrogation of United States upon payment
(1) Application 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, and resulting economic loss, 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) 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.
(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 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) Surcharge on foreign fishing vessels
In addition to any fee imposed under section 204(b)(10) of the
Magnuson-Stevens Fishery Conservation and Management Act (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) Fishing Vessel and Gear Damage Compensation Fund; requirements,
etc.
(1) There is established in the Treasury of the United States 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) of this section;
(B) all administrative fees collected under subsection (c)(2)
of this section;
(C) all surcharges collected under subsection (e) of this
section;
(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 (!2) 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 (!2) or other obligations. Moneys obtained
by the Secretary under this paragraph shall be deposited in the
fund and redemptions of any such notices (!2) 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 chapter 31 of title 31. The
Secretary of the Treasury may sell any such notices (!2) 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) Penalty for false or misleading statements
Any person who willfully 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.
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