(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.
Amendments
2016—Subsec. (e). Pub. L. 114–323 substituted “2018” for “2008”.
2004—Subsec. (e). Pub. L. 108–219 substituted “2008” for “2003”.
2002—Subsec. (a)(3). Pub. L. 107–228 substituted “Secretary of State” for “Secretary of Commerce”.
2000—Subsec. (a)(3). Pub. L. 106–450, § 102(b), substituted “Secretary of Commerce” for “Secretary of the Interior”.
Subsec. (e). Pub. L. 106–450, § 102(a), substituted “2003” for “2000”.
1995—Subsec. (c). Pub. L. 104–43, § 403(a), struck out after second sentence “The amount fixed by the Secretary shall be predicated upon at least 33⅓ per centum of the contribution by the Government.”
Subsec. (e). Pub. L. 104–43, § 403(b), substituted “October 1, 2000” for “October 1, 1993”.
1990—Subsec. (e). Pub. L. 101–627 substituted “October 1, 1993” for “October 1, 1989”.
1988—Subsec. (e). Pub. L. 100–350 substituted “October 1, 1989” for “October 1, 1988”.
1987—Subsec. (e). Pub. L. 100–151 substituted “October 1, 1988” for “October 1, 1987”.
1986—Subsec. (f)(1). Pub. L. 99–659 substituted “Secretary of State” for “Secretary of Commerce”.
1984—Subsec. (e). Pub. L. 98–364 substituted “October 1, 1987” for “October 1, 1984”.
1981—Subsec. (c). Pub. L. 97–68, § 1(1), inserted provision that fees not currently needed for payments under this section be kept on deposit or invested in obligations of, or guaranteed by, the United States and that all revenues accruing from such deposits or investments be credited to the separate account established in the Treasury of the United States to carry out the provisions of this section.
Subsec. (e). Pub. L. 97–68, § 1(2), substituted “October 1, 1984” for “October 1, 1981”.
1978—Subsec. (e). Pub. L. 95–376 substituted “October 1, 1981; 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” for “October 1, 1978”.
1977—Subsec. (e). Pub. L. 95–194 substituted “October 1, 1978” for “October 1, 1977”.
1976—Subsec. (e). Pub. L. 94–273 substituted “October” for “July”.
1972—Subsec. (c). Pub. L. 92–569 inserted provision that amounts paid subsequent to transfer to the separate account be covered into the Treasury as miscellaneous receipts.
Subsec. (e). Pub. L. 92–594, § 1, extended provisions of this section until July 1, 1977, and struck out provisions relating to issuance of regulations.
Subsec. (f)(1). Pub. L. 92–594, § 2, substituted “Secretary of Commerce” for “Secretary of the Interior”.
Effective Date of 1986 Amendment
Pub. L. 99–659, title IV, § 408, Nov. 14, 1986, 100 Stat. 3740, provided that the amendment made by that section is effective Oct. 1, 1986.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92–569 applicable with respect to seizure of vessels of the United States occurring on or after Oct. 26, 1972, see section 6 of Pub. L. 92–569, set out as a note under section 1972 of this title.