View all text of Chapter 25 [§ 1971 - § 1980b]
§ 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
(c) Establishment of fees; amount of fees; credit of fees to separate Treasury account; payment from collected fees; authorization of appropriations
(d) Finality of determinations; insured losses
(e) Amounts
(f) Definitions
For the purposes of this section—
(1) the term “Secretary” means the Secretary of State.
(2) the term “owner” includes any charterer of a commercial fishing vessel.
(Aug. 27, 1954, ch. 1018, § 7, as added Pub. L. 90–482, § 1, Aug. 12, 1968, 82 Stat. 729; amended Pub. L. 92–569, § 4, Oct. 26, 1972, 86 Stat. 1183; Pub. L. 92–594, §§ 1, 2, Oct. 27, 1972, 86 Stat. 1313; Pub. L. 94–273, § 3(17), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95–194, § 1, Nov. 18, 1977, 91 Stat. 1413; Pub. L. 95–376, § 1, Sept. 18, 1978, 92 Stat. 714; Pub. L. 97–68, § 1, Oct. 26, 1981, 95 Stat. 1040; Pub. L. 98–364, title III, § 301, July 17, 1984, 98 Stat. 444; Pub. L. 99–659, title IV, § 408, Nov. 14, 1986, 100 Stat. 3740; Pub. L. 100–151, § 1, Nov. 3, 1987, 101 Stat. 884; Pub. L. 100–350, § 2, June 27, 1988, 102 Stat. 660; Pub. L. 101–627, title III, § 301, Nov. 28, 1990, 104 Stat. 4462; Pub. L. 104–43, title IV, § 403, Nov. 3, 1995, 109 Stat. 390; Pub. L. 106–450, title I, § 102, Nov. 7, 2000, 114 Stat. 1941; Pub. L. 107–228, div. A, title II, § 209, Sept. 30, 2002, 116 Stat. 1365; Pub. L. 108–219, title III, § 302, Apr. 13, 2004, 118 Stat. 616; Pub. L. 114–323, title VII, § 705, Dec. 16, 2016, 130 Stat. 1942; Pub. L. 117–81, div. E, title LI, § 5111(a), Dec. 27, 2021, 135 Stat. 2350.)