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FISHERMEN'S PROTECTIVE ACT OF 1987

FISHERMEN'S PROTECTIVE ACT OF 1967

(Chap. 1018, Approved Aug. 27, 1954, 68 Stat. 883]
(Amended through Public Law 106–450, Nov. 7, 2000)

AN ACT To protect the rights of vessels of the United States on the high seas and

in territorial waters of foreign countries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, (22 U.S.C. 1971) That for the purposes of this Act the term "vessel of the United States” shall mean any private vessel documented or certificated under the laws of the United Stated. Notwithstanding any other law, the documentation or certification of any such vessel shall not be considered to be affected, for the purposes of this Act, 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 3(8)1 of the Fishery Conservation and Management Act of 19762 (16 U.S.C. 1802(8)), the vessel is commanded by other than a citizen of the United States. SEC. 2. (22 U.S.C. 1972) If

(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; 3

(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,

was

1 Section 1802(8) of title 16, referred to in text, which defined “fishery conservation zone”, was repealed and section 1802(6) of title 16, Conservation, defining "exclusive economic zone”, added by Pub. L. 99-659, title I, § 101(a), Nov. 14, 1986 100 Stat. 3706.

2 Section 238 of the American Fisheries Promotion Act (Public Law 96–561; 94 Stat. 3301) changed (by amendment) the short title of such Act to the Magnuson Fishery Conservation and Management Act and provided that “all references to the Fishery Conservation and Management Act of 1976 shall be redesignated as references to the Magnuson Fishery Conservation and Management Act". Subsequently, section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1997 (Division A, title II of P.L. 104–208; 110 Stat. 3009_41) changed (by amendment) the short title of such Act to the Magnuson-Stevens Fishery and Conservation and Management Act and provided that “all references to the Magnuson Fishery Conservation and Management Act shall be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act”. Since neither renaming provision actually amended each occurrence of either short title in law, the former short title appears here. 3 So in original. Probably should be followed by “or”.

(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 Fishery Conservation and Management Act of 1976 1), 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 3(a) of this Act. SEC. 3. [22 U.S.C. 1973] (a) In any case where a vessel of the United States is seized by a foreign country under the conditions of section 2 and a fine, license fee, registration fee, or any other direct charge must be paid in order to secure the prompt release of the vessel and crew, the owners of the vessel shall be reimbursed by the Secretary of State in the amount determined and certified by him as being the amount of the fine, license fee, registration fee, or any other direct charge actually paid. For purposes of this section, the term “other direct charge” means any levy, however characterized or computed (including, but not limited to, any computation based on the value of a vessel or the value of fish or other property on board a vessel), which is imposed in addition to any fine, license fee, or registration fee. Any reimbursement under this section shall be made from the Fishermen's Protective Fund established pursuant to section 9.

(b) The Secretary of State shall make a determination and certification under subsection (a) of this section as soon as possible after he is notified pursuant to section 2(b) of the amounts of the fines, fees, and other direct charges which were paid by the owners to secure the release of their vessel and crew. The amount of reimbursement made by the Secretary of State to the owners of any vessel under subsection (a) of this section shall constitute a lien on the vessel which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the vessel may be. Any such lien shall terminate on the ninetieth day after the date on which the Secretary of State reimburses the owners under this section unless before such ninetieth day the United States initiates action to enforce the lien.

SEC. 4. (22 U.S.C. 1974] The provisions of this Act 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

1 See footnote 2 to the first section.

was made with advice and consent to 1 the Senate and was in force and effect for the United States and the seizing country at the time of the seizure. SEC. 5. (22 U.S.C. 1975) (a) The Secretary of State shall(1) immediately notify a foreign country of—

(A) any reimbursement made by him under section 3 as a result of the seizure of a vessel of the United States by such country,

(B) any payment made pursuant to section 7 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) If a foreign country fails or refuses to make payment in full on any claim made under subsection (a)(2) of this section within one hundred and twenty days after the date on which such country is notified pursuant to subsection (a)(1) of this section, the Secretary of State shall transfer an amount equal to such unpaid claim or unpaid portion thereof from any funds appropriated by Congress and programed for the current fiscal year for assistance to the government of such country under the Foreign Assistance Act of 1961 unless the President certifies to the Congress that it is in the national interest not to do so in the particular instance (and if such funds are insufficient to cover such claim, transfer shall be made from any funds so appropriated and programed for the next and any succeeding fiscal year) to (1) the Fishermen's Protective Fund established pursuant to section 9 if the amount is transferred with respect to an unpaid claim for a reimbursement made under section 3, or (2) the separate account established in the Treasury of the United States pursuant to section 7(c) if the amount is transferred with respect to an unpaid claim for a payment made under section 7(a). Amounts transferred under this section shall not constitute satisfaction of any such claim of the United States against such foreign country.

SEC. 6. (22 U.S.C. 1976) There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this Act.

SEC. 7. [22 U.S.C. 1977) (a) 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 provisions 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 2 of this Act, the Secretary shall guarantee

(1) the owner of such vessel for all actual costs, except those covered by section 3 of this Act, 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;

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

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