(c) A vessel owner is not eligible for compensation under this section with respect to fishing vessel or fishing gear damage, loss, or destruction and resulting economic loss 45 unless such

owner

(1) makes application to the Secretary for compensation under this section within 90 days 46 after the day on which the damage, loss, or destruction occurred or was first noticed by the owner;

(2) pays upon making such application a reasonable administrative fee which the Secretary shall deposit into the fund;

(3) has, in such form as the Secretary shall prescribe by regulation, a current inventory or other evidence of possession of the fishery vessel or fishing gear concerned;

(4) has, in such form as the Secretary shall prescribe by regulation, a current inventory or other evidence of possession of the location of, the fishing gear concerned; and

(5) is in compliance with such other regulations as may be prescribed by the Secretary to carry out this section.

(d)(1) Application for compensation under this section shall be made in such form and manner, and include such documentation and other evidence relating to the cause and extent of the damage, loss or destruction, and resulting economic loss,47 claimed, as the Secretary shall prescribe by regulation. The Secretary shall promptly, but not later than sixty days after receipt of an application, consider, and issue and initial determination with respect to, the application.

(2) 48 The amount of compensation awarded to any vessel owner under this section shall be

(A) the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or the fishing gear concerned; and

(B) 25 percent of any resulting economic loss.

Any amount determined pursuant to subparagraph (A) or (B) shall be reduced to the extent that evidence indicates that negligence by the vessel owner or operator contributed to the cause or the extent of the damage, loss, or destruction and shall be further reduced by the amount of compensation, if any, that the vessel owner or operator has received or will receive with respect to the damage, loss, destruction, or resulting economic loss through insurance, pursuant to any other provision of law, or otherwise.

(3) The initial determination made by the Secretary under paragraph (1) with respect to any application shall

45 Sec. 241(3) of Public Law 96-561 (94 Stat. 3302) added “, and resulting economic loss".

46 The period of time permitted for making an application for compensation was extended from 60 to 90 days by sec. 4(b) of Public Law 96-289 (94 Stat. 606).

47 Sec. 241(4)(A) of Public Law 96-561 (94 Stat. 3302) added ", and resulting economic loss,”. 48 Sec. 241(4)(B) of Public Law 96-561 (96 Stat. 3302) amended and restated par. (2). It formerly read as follows:

"(2) The amount of compensation awarded to any vessel owner under this section shall be"(A) determined on the basis of the depreciated replacement cost, or the repair cost, which-ever cost is less, of the fishing vessel or fishing gear concerned;

"(B) proportionally reduced to the extent that evidence indicates that negligence by the vessel owner contributed to the cause or extent of the damage, loss, or destruction; and

"(C) reduce by the amount of compensation, if any, which the vessel owner has received or will receive with respect to the damage, loss, or destruction through insurance, pursuant to any other provision of law, or otherwise.".

(A) if the application is disapproved, set forth the reasons therefore; or

(B) if the application is approved, set forth the amount of compensation to which the applicant is entitled and the basis on which such amount was determined.

(4) Any vessel owner who is aggrieved by any decision of the Secretary contained in the initial determination of the Secretary regarding such owner's application may, within thirty days after the date of issue of the initial determination, petition the Secretary for a review of the decision. If petition of review is not made to the Secretary within such thirty-day period regarding the initial determination, the initial determination shall be deemed to be the final determination on the application. Before undertaking any such review, the secretary shall provide to the vessel owner opportunity to submit additional written or oral evidence relating to the decision. After review the Secretary shall issue a final determination with respect to the application.

(5) If compensation is awarded under the final determination on any application, the Secretary shall promptly pay from the fund to such owner the amount of compensation stated in the final determination. Upon the acceptance of such payment by the vessel owner, the United States shall be subrogated to all rights of the vessel owner with respect to which the payment is made.

(e) In addition to any fee imposed under section 204(b)(10) of the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1824(b)(10) with respect to any foreign fishing vessel for any year after 1978, the Secretary shall impose a surcharge in an amount not to exceed 20 percent of the amount of the fee imposed under such section for such year. The failure to pay any surcharge imposed under this subsection with respect to any foreign fishing vessel shall be treated by the Secretary as a failure to pay the fee for such vessel under such section 204(b)(10).

(f)(1) There is established in the Treasury of the United States the Fishing Vessel and Gear Damage Compensation Fund. The fund shall be available without fiscal year limitation as a revolving fund for the purposes of administering, and paying compensation awarded under, this section.

(2) The fund shall consist of

(A) all sums recovered by the United States in the exercise of rights subrogated to it under subsection (d)(5);

(B) all administrative fees collected under subsection (c)(2);

(C) all surcharges collected under subsection (e);

(D) revenues received from deposits or investments made under the last sentence of this paragraph; and

(E) any revenue acquired through the issuance of obligations under paragraph (3).

Sums may be expended from the fund only to such extent and in such amounts as are provided in advance in appropriation Acts. Sums in the fund which are not currently needed for the purpose of paying such awards shall be kept on deposit or invested in obligations of, or guaranteed by the United States.

(3) Whenever the amount in the fund is not sufficient to pay compensation under this section, the Secretary may issue, in an amount not to exceed $5,000,000, notes or other obligations to the

Secretary of the Treasury, in such forms and denominations bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such notices or other obligations shall bear interest at a rate to be determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United State of comparable maturities during the month preceding the issuance of such notices or other obligations. Moneys obtained by the Secretary under this paragraph shall be deposited in the fund and redemptions of any such notices or other obligations shall be made from the fund. The Secretary of the Treasury shall purchase any such notes or other obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. The Secretary of the Treasury may sell any such notices or other obligations at such times and prices and upon such terms and conditions as he shall determine. All purchases, redemptions, and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. All borrowing authority contained herein shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.

(g) Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining compensation under this section is guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or both.

ed:

NOTE.-Public Law 92-569 (October 26, 1972) also provid

"SEC. 6. The amendment made by this Act shall apply with respect to seizures of vessels of the United States occurring on or after the date of the enactment of this Act; except that reimbursements under section 3 of the Fishermen's Protective Act of 1967 (as in effect before such date of enactment) may be made from the fund established by the amendment made by section 5 of this Act with respect to any seizure of a vessel occurring before such date of enactment and after December 31, 1970, if no reimbursement was made before such date of enactment."

NOTE.-Sec. 240 of Public Law 96-561, effective December 22, 1980, (94 Stat. 3300; 22 U.S.C. 1980 nt.) also provided the following:

"SEC. 240. APPLICATIONS AND FILINGS FOR COMPENSATION CERTAIN FISHING VESSEL AND GEAR

FOR
DAMAGE.

"(a) IN GENERAL.-If

"(1) any owner or operator of a fishing vessel who suffered, after September 17, 1978, and before the date of the enactment of this title, damage to, or loss or destruction of, such vessel or fishing gear used with such vessel, but did not apply for compensation therefore under section 10 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980) within the 60-day period prescribed in subsection (c)(1) of such section; or

"(2) any commercial fisherman who suffered, after September 17, 1978, and before the date of the enactment of this title, damages compensable under title IV of the Outer Continental Shelf Lands Act of 1978 (43 U.S.C. 1841 et seq.), but who did not timely file a claim therefor within the 60-day period prescribed in section 405(a) of such Act;

such owner or operator may make application for compensation with respect to such damages, loss or destruction under such section 10, and such commercial fisherman may file a claim for, compensation for such damages under such title IV, to the Secretary of Commerce, within the 60day period beginning on the date of the enactment of this title.

"(b) SPECIAL PROVISIONS.-(1) Notwithstanding any other provision of law

"(A) any application or filing timely made under subsection (a) shall be treated by the Secretary of Commerce as an application timely made under such section 10(c)(1), or as a filing timely made under such section 405(a), as the case may be, with respect to the damage, loss, or destruction claimed; and

"(B) any claim for fishing gear loss that was pending on June 1, 1980, before the United States-Union of Soviet Socialist Republic Fisheries Claims Board or the American-Spanish Fisheries Board shall be treated by the Secretary of Commerce as a timely application made, on the date of the enactment of this title, under such section 10(c)(1) for compensation for such loss."

17. North Pacific Fisheries Act of 1954, as amended

Public Law 83–579 [S. 3713], 68 Stat. 698, approved August 12, 1954; as amended by Public Law 85-114 [S. 2212], 71 Stat. 310, approved July 24, 1957; Public Law 92471 [H.R. 9501], 86 Stat. 784, approved October 9, 1972; Public Law 95–326 [H.R. 12637], 92 Stat. 399, approved July 28, 1978; Public Law 95-553 [S. 3551], 92 Stat. 2072, approved October 30, 1978; and by Public Law 97-389 [Fisheries Amendments of 1982; H.R. 3942], 96 Stat. 1949, approved December 29, 1982

AN ACT To give effect to the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, May 9, 1952,1 and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "North Pacific Fisheries Act of 1954".

Sec. 2.2 As used in this Act, the term

(a) 3 "Convention" means the International Convention for the High Seas Fisheries of the North Pacific Ocean with a protocol and annex relating thereto signed at Tokyo, May 9, 1952, as amended by the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, April 25, 1978.

(b) "Commission" means the International North Pacific Fisheries Commission provided for by article II of the Convention.

(c) "United States Section" means the United States Commissioners to the Commission.

(d) "Convention area" means all waters, other than territorial waters, of the North Pacific Ocean which for the purposes of this Act shall include the adjacent seas.

(e) 4 "Fishery conservation zone" means the fishery conservation zone of the United States established by section 101 5 of the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.).

(f) 4 "Fishing vessel" means—

(1) any vessel engaged in catching fish within the Convention area or in processing or transporting fish loaded in the Convention area;

(2) any vessel outfitted to engage in any activity described in paragraph (1); or

(3) any vessel in normal support of any vessel described in

paragraph (1) or (2).

1 4 UST 380; TIAS 2786; 205 UNTS 65. See boxnote on page 2.

2 16 U.S.C. 1021.

3 Subsec. (a) was amended and restated by sec. 1(1)(A) of Public Law 95-326 (92 Stat. 399). Former subsec. (a) made references to only the 1952 Convention.

4 Sec. 1(1)(B) of Public Law 95-326 (92 Stat. 399) struck out subsec. (e) (defining "fishing vessel") and added new subsecs. (e) through (h).

5 The term "fishery conservation zone' as used in sec. 101 of the Magnuson Fishery Conservation and Management Act of 1976, was replaced with the term "exclusive economic zone", by sec. 101(c)(2) of Public Law 99-659 (100 Stat. 3707).