602 



(e) Enforcement. 

 (t) Regulations, 

 (g) Definitions. 

 1979. Fishermen's Protective Fund [New]. 



§ 1971. Definition. 



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. (Aug. 27, 1954, ch. 1018. § 1. 68 Stat. 

 883.) 



§ 1972. Action by Secretary of State upon seizure of 

 vessel by foreign country. 

 If— 



(1) any vessel of the United States is seized by 

 a foreign country on the basis of claims in terri- 

 torial waters or the high seas which are not rec- 

 ognized by the United States ; or 



(2) any general claim of any foreign country to 

 exclusive fishery management authority is recog- 

 nized 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 Fishery Conservation and Management Act 

 of 1976) , or 



(D) faU to allow fishing vessels of the 

 United States equitable access to ftsh subject 

 to such coimtry's exclusive fishery manage- 

 ment authority; 



and there is no dispute as to the material facts 

 with respect to the location or activity of such 

 vessel at the time of such seiziu'e, the Secretary 

 of State 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 seciu-e 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. (As amended Oct. 26, 1972, Pub. L. 92-569, 



§ 1, 86 Stat. 1182; Apr. 13, 1976, Pub. L. 94-265, 



. 1403(a)(1), 90 Stat. 360.) 



Amendments 



1976 — Subsec. (a)(1) of Pub. L. 94-265 §403 revised 

 this section. 



1972-^ubsec. (b). Pub. L. 92-569 required the Secre- 

 tary of State to take appropriate action to Immediately 

 ascertain the fees, fines, and other direct charges paid by 

 a United States vessel owner to the seizing foreign coun- 

 try for the release of the vessel and its crew. 



§ 1973. Reimbursement of owner for any direct charges 

 paid to secure release of vessel and crew. 



(a) In any case where a vessel of the United 



States is seized by a foreign country under the con- 

 ditions of section 1972 of this title 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 re- 

 imbursed by the Secretary of the Treasury in the 

 amount certified to him by the Secretary of State 

 as being the amount of the fine, license fee, regis- 

 tration fee, or any other direct charge actually paid. 

 Any reimbursement under this section shall be made 

 from the Fishermen's Protective F\ind established 

 pursuant to section 1979 of this title. For purposes 

 of this section, the term 'other direct charge' means 

 any levy, however characterized or computed (in- 

 cluding, 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, Ucense fee, or registration fee. 

 (b) The Secretary of State shall make a certifica- 

 tion under subsection (a) of this section as soon as 

 possible after he is notified pursuant to section 1972 

 (b) of this title 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 the Treasury 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 the 

 Treasury reimburses the owners under this section 

 unless before such ninetieth day the United States 

 initiates action to enforce the lien. (As amended 

 Oct. 26, 1972, Pub. L. 92-569, §2, 86 Stat. 1182; 

 Apr. 13, 1976, Pub. L. 94-265, § 403(a) (2), 90 Stat. 



•'^ Amendments 



1976— Subsec. (a). Pub. L. 94^265, § 403(a) (2) added 

 the last sentence. 



1972 — Subsec. (a) . Pub. L. 92-569 designated existing 

 provisions as subsec. (a) , and in subsec. (a) as so desig- 

 nated, added provision that reimbursement under this 

 section shall be made from the Fishermen's protective 

 Fund. 



Subsec. (b). Pub. L. 92—569 added subsec. (b). 



1968 — Pub. L. 90-482 added ", license fee, registration 

 fee, or any other direct charge" following "fine" wherever 

 appearing. 



§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 accord- 

 ance with the provisions of any fishery convention 

 or treaty to which the United States is a party. 

 (Aug 27, 1954, ch. 1018. § 4. 68 Stat. 883.) 



§ 1975. Action by Secretary on claims for amounts ex- 

 pended because of seizure; withholding amount of 

 unpaid claim from foreign assistance funds. 



(a) The Secretary of State shall — 

 (1) Immediately notify a foreign country of — 

 (A) any reimbursement made by the Secre- 

 tary of the Treasury imder section 1973 of this 

 title as a result of the seizure of a vessel of the 

 United States by such coimtry. 



