US Code

Public Law 119-88 (05/04/2026)

22 U.S.C. § 1977

Reimbursement for seized commercial fishermen

(a)

Agreement to reimburse for actual costs, confiscation or spoilage of fish, and loss of income

section 1972 of this titleThe 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 , the Secretary shall guarantee—
(1)
section 1973 of this title the owner of such vessel for all actual costs, except those covered by , 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

Payments made by the Secretary under paragraphs (2) and (3) of subsection (a) 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 distribution 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

section 1975(b)(2) of this titleThe Secretary shall from time to time establish by regulation fees which shall be paid by the owners of vessels entering into agreements under this section. 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. All fees collected by the Secretary shall be credited to a separate account established in the Treasury of the United States which shall remain available without fiscal year limitation to carry out the provisions of this section. Those fees not currently needed for payments under this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States and all revenues accruing from such deposits or investments shall be credited to such separate account. If a transfer of funds is made to the separate account under with respect to an unpaid claim and such claim is later paid, the amount so paid shall be covered into the Treasury as miscellaneous receipts. All payments under this section shall be made first out of such fees so long as they are available and thereafter out of funds which are hereby authorized to be appropriated to such account to carry out the provisions of this section.

(d)

Finality of determinations; insured losses

All determinations made under this section shall be final. No payment under this section shall be made with respect to any losses covered by any policy of insurance or other provision of law.

(e)

Amounts

Payments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts.

(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 Pub. L. 90–482, § 182 Stat. 729 Pub. L. 92–569, § 486 Stat. 1183 Pub. L. 92–59486 Stat. 1313 Pub. L. 94–273, § 3(17)90 Stat. 377 Pub. L. 95–194, § 191 Stat. 1413 Pub. L. 95–376, § 192 Stat. 714 Pub. L. 97–68, § 195 Stat. 1040 Pub. L. 98–364, title III, § 30198 Stat. 444 Pub. L. 99–659, title IV, § 408100 Stat. 3740 Pub. L. 100–151, § 1101 Stat. 884 Pub. L. 100–350, § 2102 Stat. 660 Pub. L. 101–627, title III, § 301104 Stat. 4462 Pub. L. 104–43, title IV, § 403109 Stat. 390 Pub. L. 106–450, title I, § 102114 Stat. 1941 Pub. L. 107–228, div. A, title II, § 209116 Stat. 1365 Pub. L. 108–219, title III, § 302118 Stat. 616 Pub. L. 114–323, title VII, § 705130 Stat. 1942 Pub. L. 117–81, div. E, title LI, § 5111(a)135 Stat. 2350 (, as added , , ; amended , , ; , §§ 1, 2, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 117–812021—Subsec. (e). inserted heading and amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The provisions of this section shall be effective until ; 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.”

Pub. L. 114–3232016—Subsec. (e). substituted “2018” for “2008”.

Pub. L. 108–2192004—Subsec. (e). substituted “2008” for “2003”.

Pub. L. 107–2282002—Subsec. (a)(3). substituted “Secretary of State” for “Secretary of Commerce”.

Pub. L. 106–450, § 102(b)2000—Subsec. (a)(3). , substituted “Secretary of Commerce” for “Secretary of the Interior”.

Pub. L. 106–450, § 102(a)Subsec. (e). , substituted “2003” for “2000”.

Pub. L. 104–43, § 403(a)1995—Subsec. (c). , 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.”

Pub. L. 104–43, § 403(b)Subsec. (e). , substituted “” for “”.

Pub. L. 101–6271990—Subsec. (e). substituted “” for “”.

Pub. L. 100–3501988—Subsec. (e). substituted “” for “”.

Pub. L. 100–1511987—Subsec. (e). substituted “” for “”.

Pub. L. 99–6591986—Subsec. (f)(1). substituted “Secretary of State” for “Secretary of Commerce”.

Pub. L. 98–3641984—Subsec. (e). substituted “” for “”.

Pub. L. 97–68, § 1(1)1981—Subsec. (c). , 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.

Pub. L. 97–68, § 1(2)Subsec. (e). , substituted “” for “”.

Pub. L. 95–3761978—Subsec. (e). substituted “; 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 “”.

Pub. L. 95–1941977—Subsec. (e). substituted “” for “”.

Pub. L. 94–2731976—Subsec. (e). substituted “October” for “July”.

Pub. L. 92–5691972—Subsec. (c). inserted provision that amounts paid subsequent to transfer to the separate account be covered into the Treasury as miscellaneous receipts.

Pub. L. 92–594, § 1Subsec. (e). , extended provisions of this section until , and struck out provisions relating to issuance of regulations.

Pub. L. 92–594, § 2Subsec. (f)(1). , substituted “Secretary of Commerce” for “Secretary of the Interior”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81, div. E, title LI, § 5111(b)135 Stat. 2350

“(1)

Effective date .—

22 U.S.C. 1977(e)The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [] and apply as if the date specified in subsection (e) of section 7 of the Fishermen’s Protective Act of 1967 [], as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment.
“(2)

Agreements and payments .—

The Secretary is authorized to—
“(A)
22 U.S.C. 1977 enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 [] for any claims to which such section would otherwise apply but for the date specified in subsection (e) of such section, as in effect on the day before the date of the enactment of this Act; and
“(B)
make payments in accordance with agreements entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act.”
, , , provided that:

section 5111(b) of Pub. L. 117–81section 5002 of Pub. L. 117–81section 263c of this title[For definition of “Secretary” as used in , set out above, see , set out as a note under .]

Effective Date of 1986 Amendment

Pub. L. 99–659, title IV, § 408100 Stat. 3740 , , , provided that the amendment made by that section is effective .

Effective Date of 1972 Amendment

Pub. L. 92–569section 6 of Pub. L. 92–569section 1972 of this titleAmendment by applicable with respect to seizure of vessels of the United States occurring on or after , see , set out as a note under .