22 USC 1978 - Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs

Collapse to view only § 1978. Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs

§ 1971. “Vessel of the United States” defined
§ 1972. Action by Secretary of State upon seizure of vessel by foreign country; preconditions
§ 1973. Reimbursement of owner for any direct charges paid to secure release of vessel and crew
§ 1974. Inapplicability of chapter to certain seizures
§ 1975. Claims for amounts expended because of seizure
§ 1976. Authorization of appropriations
§ 1977. Reimbursement for seized commercial fishermen
§ 1978. Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs
§ 1979. Fishermen’s Protective Fund
§ 1980. Compensation for loss or destruction of commercial fishing vessel or gear
§ 1980a. Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law
§ 1980b. Sanctions for imposition of conditions on U.S. fishing vessel found inconsistent with international law

§ 1971. “Vessel of the United States” defined

For the purposes of this chapter the term “vessel of the United States” shall mean any private vessel documented or certificated under the laws of the United States. Notwithstanding any other law, the documentation or certification of any such vessel shall not be considered to be affected, for the purposes of this chapter, in any manner or to any extent if at any time during any voyage for the purpose of fishing beyond the fishery conservation zone (as defined in section 1802(8) 1

1 See References in Text note below.

of title 16), the vessel is commanded by other than a citizen of the United States.

(Aug. 27, 1954, ch. 1018, § 1, 68 Stat. 883; Pub. L. 95–541, § 14(a), Oct. 28, 1978, 92 Stat. 2057; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

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

(1) any vessel of the United States is seized by a foreign country on the basis of claims to jurisdiction that are not recognized by the United States, or on the basis of claims to jurisdiction recognized by the United States but exercised in a manner inconsistent with international law as recognized by the United States; 1

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

(2) any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any vessel of the United States is seized by such foreign country on the basis of conditions and restrictions under such claim, if such conditions and restrictions—

(A) are unrelated to fishery conservation and management,

(B) fail to consider and take into account traditional fishing practices of vessels of the United States,

(C) are greater or more onerous than the conditions and restrictions which the United States applies to foreign fishing vessels subject to the exclusive fishery management authority of the United States (as established in title I of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1811 et seq.]), or

(D) fail to allow fishing vessels of the United States equitable access to fish subject to such country’s exclusive fishery management authority;

the Secretary of State, unless there is clear and convincing credible evidence that the seizure did not meet the requirements under paragraph (1) or (2), as the case may be, shall immediately take such steps as are necessary—

(i) for the protection of such vessel and for the health and welfare of its crew;

(ii) to secure the release of such vessel and its crew; and

(iii) to determine the amount of any fine, license, fee, registration fee, or other direct charge reimbursable under section 1973(a) of this title.

(Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883; Pub. L. 92–569, § 1, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94–265, title IV, § 403(a)(1), Apr. 13, 1976, 90 Stat. 360; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 98–364, title III, § 303(a), July 17, 1984, 98 Stat. 444; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

§ 1973. Reimbursement of owner for any direct charges paid to secure release of vessel and crew

(a) Reimbursement by Secretary of State; “other direct charge” defined; source of reimbursement

(b) Determination and certification of charges by Secretary of State; reimbursement as lien on vessel; termination of lien

(Aug. 27, 1954, ch. 1018, § 3, 68 Stat. 883; Pub. L. 90–482, § 2, Aug. 12, 1968, 82 Stat. 730; Pub. L. 92–569, § 2, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94–265, title IV, § 403(a)(2), Apr. 13, 1976, 90 Stat. 360; Pub. L. 98–364, title III, § 302(a), July 17, 1984, 98 Stat. 444.)

§ 1974. Inapplicability of chapter to certain seizures

The provisions of this chapter shall not apply with respect to a seizure made by a country at war with the United States or a seizure made in accordance with the provisions of any applicable convention or treaty, if that treaty or convention was made with advice and consent to 1

1 So in original. Probably should be “of”.

the Senate and was in force and effect for the United States and the seizing country at the time of the seizure.

(Aug. 27, 1954, ch. 1018, § 4, 68 Stat. 883; Pub. L. 98–364, title III, § 303(b), July 17, 1984, 98 Stat. 444.)

§ 1975. Claims for amounts expended because of seizure

(a) Action by SecretaryThe Secretary of State shall—

(1) immediately notify a foreign country of—

(A) any reimbursement made by him under section 1973 of this title as a result of the seizure of a vessel of the United States by such country,

(B) any payment made pursuant to section 1977 of this title in connection with such seizure, and

(2) take such action as he deems appropriate to make and collect claims against such foreign country for the amounts so reimbursed and payments so made.

(b) Withholding amount of unpaid claim from foreign assistance funds

(Aug. 27, 1954, ch. 1018, § 5, 68 Stat. 883; Pub. L. 90–482, § 3, Aug. 12, 1968, 82 Stat. 730; Pub. L. 92–569, § 3, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 98–364, title III, § 302(b), July 17, 1984, 98 Stat. 444.)

§ 1976. Authorization of appropriations

There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this chapter.

(Aug. 27, 1954, ch. 1018, § 6, 68 Stat. 883.)

§ 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.)

§ 1978. Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs

(a) Certification to President

(1) When the Secretary of Commerce, in consultation with the Secretary of State, determines that nationals of a foreign country, directly or indirectly, are conducting fishing operations in a manner or under circumstances which diminish the effectiveness of an international fishery conservation program, the Secretary of Commerce shall certify such fact to the President.

(2) When the Secretary of Commerce or the Secretary of the Interior, in consultation with the Secretary of State, finds that nationals of a foreign country, directly or indirectly, are engaging in trade or taking which diminishes the effectiveness of any international program for endangered or threatened species, the Secretary making such finding shall certify such fact to the President.

(3) In administering this subsection, the Secretary of Commerce or the Secretary of the Interior, as appropriate, in consultation with the Secretary of State, shall—

(A) periodically monitor the activities of foreign nationals that may affect the international programs referred to in paragraphs (1) and (2);

(B) promptly investigate any activity by foreign nationals that, in the opinion of the Secretary, may be cause for certification under paragraph (1) or (2); and

(4) The Secretary of Commerce and the Secretary of the Interior shall each report to Congress each certification to the President made by such Secretary under this subsection, within 15 days after making such certification.

(5) Upon receipt of any certification made under paragraph (1) or (2), the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any products from the offending country for any duration as the President determines appropriate and to the extent that such prohibition is sanctioned by the World Trade Organization (as defined in section 3501(8) of title 19) or the multilateral trade agreements (as defined in section 3501(4) of title 19).

(b) Notification to Congress

(d) Periodic review by Secretary of Commerce or Secretary of the Interior; termination of certification; notice

(e) Penalties; forfeiture; customs laws

(1) Any person violating the provisions of this section shall be fined not more than $10,000 for the first violation, and not more than $25,000 for each subsequent violation.

(2) All products brought or imported into the United States in violation of this section, or the monetary value thereof, may be forfeited.

(3) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as such provisions of law are applicable and not inconsistent with this section.

(f) Enforcement

(1) Enforcement of the provisions of this section prohibiting the bringing or importation of products into the United States shall be the responsibility of the Secretary of the Treasury.

(2) The judges of the United States district courts, and United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this chapter and regulations issued thereunder.

(3) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this section.

(4) Such person so authorized shall have the power—

(A) with or without a warrant or other process, to arrest any persons subject to the jurisdiction of the United States committing in his presence or view a violation of this section or the regulations issued thereunder;

(B) with or without a warrant or other process, to search any vessel or other conveyance subject to the jurisdiction of the United States, and, if as a result of such search he has reasonable cause to believe that such vessel or other conveyance or any person on board is engaging in operations in violation of this section or the regulations issued thereunder, then to arrest such person.

(5) Such person so authorized, may seize, whenever and wherever lawfully found, all products brought or imported into the United States in violation of this section or the regulations issued thereunder. Products so seized may be disposed of pursuant to the order of a court of competent jurisdiction, or, if perishable, in a manner prescribed by regulations promulgated by the Secretary of the Treasury after consultation with the Secretary of Health and Human Services.

(g) Regulations

(h) DefinitionsAs used in this section—

(1) The term “person” means any individual, partnership, corporation, or association.

(2) The term “United States” means the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and every other territory and possession of the United States.

(3) The term “international fishery conservation program” means any ban, restriction, regulation, or other measure in effect pursuant to a bilateral or multilateral agreement which is in force with respect to the United States, the purpose of which is to conserve or protect the living resources of the sea, including marine mammals.

(4) The term “international program for endangered or threatened species” means any ban, restriction, regulation, or other measure in effect pursuant to a multilateral agreement which is in force with respect to the United States, the purpose of which is to protect endangered or threatened species of animals.

(5) The term “taking”, as used with respect to animals to which an international program for endangered or threatened species applies, means to—

(A) harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect; or

(B) attempt to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect.

(Aug. 27, 1954, ch. 1018, § 8, as added Pub. L. 92–219, Dec. 23, 1971, 85 Stat. 786; amended

§ 1979. Fishermen’s Protective Fund

There is created a Fishermen’s Protective Fund which shall be used by the Secretary of State to reimburse owners of vessels for amounts determined and certified by him under section 1973 of this title. The amount of any claim or portion thereof collected by the Secretary of State from any foreign country pursuant to section 1975(a) of this title shall be deposited in the fund and shall be available for the purpose of reimbursing vessel owners under section 1973 of this title; except that if a transfer to the fund was made pursuant to section 1975(b)(1) of this title with respect to any such claim, an amount from the fund equal to the amount so collected shall be covered into the Treasury as miscellaneous receipts. There is authorized to be appropriated to the fund (1) the sum of $3,000,000 to provide initial capital, and (2) such additional sums as may be necessary from time to time to supplement the fund in order to meet the requirements of the fund.

(Aug. 27, 1954, ch. 1018, § 9, as added Pub. L. 92–569, § 5, Oct. 26, 1972, 86 Stat. 1183; amended Pub. L. 98–364, title III, § 302(c), July 17, 1984, 98 Stat. 444.)

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

(a) DefinitionsFor 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

1 See References in Text note below.

(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).

(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 destructionSubject 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 compensationA 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

(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);

(B) all administrative fees collected under subsection (c)(2);

(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 

(g) Penalty for false or misleading statements

(Aug. 27, 1954, ch. 1018, § 10, as added Pub. L. 95–194, § 2, Nov. 18, 1977, 91 Stat. 1413; amended Pub. L. 95–376, § 3(a), Sept. 18, 1978, 92 Stat. 715; Pub. L. 96–289, § 4(b), June 28, 1980, 94 Stat. 606; Pub. L. 96–561, title II, §§ 238(b), 241, Dec. 22, 1980, 94 Stat. 3300, 3301; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

§ 1980a. Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law

(a) Reimbursable fees

(b) Documentation

In seeking such reimbursement, the vessel owner shall provide, together with such other information as the Secretary of State may require—

(1) a copy of the receipt for payment;

(2) an affidavit attesting that the owner or the owner’s agent paid the fee under protest; and

(3) a copy of the vessel’s certificate of documentation.

(d) Funding; appropriations

(e) Claim against foreign government

(f) “Owner” defined

(Aug. 27, 1954, ch. 1018, § 11, as added Pub. L. 104–43, title IV, § 402(a), Nov. 3, 1995, 109 Stat. 389.)

§ 1980b. Sanctions for imposition of conditions on U.S. fishing vessel found inconsistent with international law

(a) Certification

(b) Sanctions

(d) Sanctions commensurate with conditions certified

(Aug. 27, 1954, ch. 1018, § 12, as added Pub. L. 104–43, title IV, § 402(b), Nov. 3, 1995, 109 Stat. 390; amended Pub. L. 115–232, div. C, title XXXV, § 3541(b)(4), Aug. 13, 2018, 132 Stat. 2323.)