603 



(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 coun- 

 try 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 sec- 

 tion, 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 as- 

 sistance to the government of such country under 

 the F\)reign Assistance Act of 1961 unless the Presi- 

 dent certifies to the Congress that It is in the na- 

 tional interest not to do so in the particular instance 

 (and if such funds are insufllcient to cover such 

 claim, transfer shall be made from any funds so ap- 

 propriated and programed for the next and any suc- 

 ceeding fiscal year) to (1) the Fishermen's Protec- 

 tive F\md established pursuant to section 1979 of 

 this title if the amount is transferred with respect 

 to an unpaid claim for a reimbursement made lyider 

 section 1973 of this title, or (2) the separate account 

 established in the Treasury of the United States 

 pursuant to section 1977(c) of this title if the 

 amount is transferred with respect to an unpaid 

 claim for a payment made under section 1977(a) of 

 this title. Amounts transferred under this section 

 shall not constitute satisfaction of any such claim 

 of the United States against such foreign country. 

 (As amended Oct. 26, 1972, Pub. L. 92-569, § 3, 86 

 Stat. 1182.) 



Amendments 

 1972 — I»ub. L. 92-569 substituted provisions that the 

 Secretary of State notify the foreign country of reim- 

 bursements made under section 1973 of this title and 

 payments made under section 1977 of this title, take ap- 

 propriate action to make and collect claims against such 

 foreign country and on failure to receive payment or on 

 refusal to pay within 120 days after the notification, trans- 

 fer an amount equal to the unpaid amount from funds 

 programmed for assistance to that country to the Fisher- 

 men's Protective Fund or the separate account In the 

 Treasury as the case may be, and In the case of Inade- 

 quate funds programmed In the current fiscal year make 

 the deduction from suceedlng fiscal years, with exception 

 that no such transfer be made when the President cer- 

 tifies to Congress that It Is In the national Interest not to 

 do so, for provisions that the Secretary of State take ap- 

 propriate action to collect claims against such foreign 

 country and withhold amounts equal to the unpaid claims 

 from the foreign assistance programmed for that fiscal 

 year when such country falls or refuses to pay within 120 

 days of receipt of notice of claim. 



1968 — Pub. L. 90^82 added provisions authorizing the 

 Secretary to act when payments are made pursuant to sec- 

 tion 1977 of this title, and provisions authorizing the 

 Secretary to withhold the amount of any unpaid claim 

 against the foreign country from the foreign assistance 

 funds programed for that country, such amounts with- 

 held not to constitute satisfaction of any unpaid claim. 



EFTEcrrvE Date of 1972 Amendment 

 Amendment by Pub. L. 92-669 applicable with respect 

 to seizures 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. 



§ 1976. Authorization of appropriations. 



There are authorized to be appropriated such 

 amounts as may be necessary to carry out the pro- 

 visions of this chapter. lAug. 27, 1954, ch. 1018. 

 § 6. 68 Stat. 883.) 



§ 1977. Reimbursement for seized commercial fisher- 

 men. 



(a) .\greement to reimburse for actual costs, con- 

 fiscation 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 com- 

 mercial fishing vessel, shall enter into an agreement 

 with such owner subject to the provision of this sec- 

 tion and such other terms and conditions as the Sec- 

 retary deems appropriate. Such agreement shall pro- 

 vide 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 de- 

 tention period and as a direct result thereof, as 

 determined by the Secretary, resulting lA) 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 equip- 

 ment, 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 p)e- 

 riod 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 deten- 

 tion, as determined by the Secretary of the In- 

 terior, based on the value of the average catch per 

 day's fishing during the three most recent calendar 

 years immediately preceding such seizure and de- 

 tention 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. 



Payments made by the Secretary under para- 

 graphs (21 and (3) of subsection (at of this section 

 shall be distributed by the Secretary in accordance 

 with the usual practices and procedures of the 

 particular segment of the United States commercial 

 fishing industry to which the seized vessel belongs 

 relative to the sale of fish caught and the distribu- 

 tion of the proceeds of such sale. 



(c) Establishment of fees; amount of fees; credit of 

 fees to separate Treasury account; payment from 

 collected fees; authorization of appropriations. 



The Secretary shall from time to time establish 

 by regulation fees which shall be paid by the owners 

 of vessels entering into agreements under this sec- 

 tion. Such fees shall be adequate (1) to recover the 

 costs of administering this section, and (2) to cover 

 a reasonable portion of any payments made by the 

 Secretary under this section. The amount fixed by 



