An Act to extend until October 1, 1981, the voluntary insurance program provided by section 7 of the Fishermen's Protective Act of 1967, and for other purposes.
PL 95-376 (H.R.10878), enacted 09/18/1978

92 STAT. 714 
PUBLIC LAW 95-376—SEPT. 18, 1978 
Public Law 95-376 
95th Congress 
Sept. 18. 1978 
[H.R. 10878] 
Fishermen's 
Protective Act of 
1967, 
amendments. 
Voluntary 
insurance 
program, 
extension. 
Certification to 
President. 
Notification to 
Congress. 
Regulations. 
An Act 
To extend until October 1, 1981, the voluntary insurance program provided by 
section 7 of the Fishermen's Protective Act of 1967, and for other purposes. 
Be it enacted hy the Seriate and House of Representatives of the 
United States of America in Congress assenibled, That section 7(e) 
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e)), is 
amended by striking out "October 1, 1978" and inserting in lieu 
thereof "October 1, 1981; 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". 
SEC. 2. Section 8 of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1978) is amended— 
(1) by amending subsection (a) thereof— 
(A) by inserting "(1)" immediately before "When", and 
(B) by striking out the last sentence and inserting in lieu 
thereof the following : 
"(2) When the Secretary of Commerce or the Secretary of the 
Interior finds that nationals of a foreign country, directly or indi-
rectly, are engaging in trade or taking which diminishes the effective-
ness of any international program for endangered or threatened 
species, the Secretary making such finding shall certify such fact to 
the President. 
"(3) Upon receipt of any certification made under paragraph (1) 
or (2), the President may direct the Secretary of the Treasury to pro-
hibit the bringing or the importation into the United States of fish 
products (if the certification is made under paragraph (1)) or wild-
life products (if the certification is made under paragraph (2)) from 
the offending country for such duration as the President determines 
appropriate and to the extent that such prohibition is sanctioned by 
the General Agreement on Tariffs and Trade."; 
(2) by amending subsection (b) — 
(A) by inserting "or the Secretary of the Interior" imme-
diately after "Secretary of Commerce", and 
(B) by inserting "or wildlife products" immediately after 
"fish products" each place it appears therein; 
(3) by amending subsection (c) by inserting "or wildlife prod-
ucts" immediately after "fish products"; 
(4) by amending subsection (d) (2) by inserting "and wildlife 
products" immediately after "fish products"; 
(5) by amending subsection (e) — 
(A) by inserting "and wildlife products" immediately after 
"fish products" in paragraph (1) and the first sentence of 
. 
paragraph (5), 
" '' 
(B) by inserting "or other conveyance" immediately after 
"vessel" in paragraph (4) (B), and 
(C) by striking out "Any fish products" in the second sen-
tence of paragraph (5) and inserting in lieu thereof "Fish 
products and wildlife products"; 
(6) by amending subsection (f) by striking out "is" and insert-
ing in lieu thereof ", the Secretary of Commerce, and the Secretary 
of the Interior are each"; 
PUBLIC LAW 95-376—SEPT. 18, 1978 
92 STAT. 715 
(7) by amending subsection (g)— 
(A) by striking out "in force" in paragraph (3) and insert-
ing in lieu thereof "in effect", 
(B) by striking out "to which the United States is a signa-
tory party," and inserting in lieu thereof "which is in force 
with respect to the United States,", and 
(C) by adding at the end thereof the following: 
"(5) The term 'international program for endangered or threatened 
species' means any ban, restriction, regulation, or other measure in 
effect pursuant to a multilateral agreement which is in force with 
respect to the United States, the purpose of which is to protect 
endangered or threatened species of animals. 
"(6) The term 'wildlife products' means fish (other than those to 
which paragraph (4) applies) and wild animals, and parts (including 
eggs) thereof, taken within an offending country and all products of 
any such fish and wild animals, or parts thereof, whether or not such 
products are packed, processed, or otherwise prepared for export in 
such country or within the jurisdiction thereof. Such term does not 
include any wild animal or fish if brought or imported into the United 
States for scientific research. 
"(T) The term 'taking' means— 
"(A) for purposes of subsection (a)(2) — 
"(i) to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or 
" (ii) to attempt to engage in any such conduct with respect 
to, 
animals to which an international program for endangered or 
threatened species applies; and 
"(B) for pilrposes of paragraph (6), any conduct described in 
subparagraph (A) (i), whether or not such conduct is legal under 
the laws of the offending country, undertaken with respect to any 
wild animal.". 
SEC. 3. (a) Section 10 of the Fishermen's Protective Act of 1967 
(22 U.S.C. 1980) is amended to read as follows: 
"SEC. 10. (a) For purposes of this section— 
"(1) The terms 'fishery', 'fishery conservation zone', 'fishing', 
'fishing vessel', 'Secretary', and 'vessel of the United States' shall 
each have the same respective meaning as is given to such terms in 
section 3 of the Fishery Conservation and Management Act of 
1976 (16 U.S.C. 1802). • 
"(2) The term 'fishing gear' means any equipment or appur-
tenance which is necessary for the carrying out of fishing opera-
tions by a fishing vessel, whether or not such equipment or 
appurtenance is attached to sudh vessel. 
"(3) The term 'fund' means the Fishing Vessel and Gear Dam-
age Compensation Fund established under subsection (f). 
"(b) Subject to the provisions of this section, the owner or operator 
(hereinafter referred to as the 'vessel owner') of any fishing vessel 
which is a vessel of the United States is eligible for monetary com-
pensation under this section for any damage to, loss of, or destruction 
of such vessel, or any fishing gear used with such vessel, or both, if the 
damage, loss, or destruction— 
" (1) in the case of such vessel— 
"(A) occurs when such vessel is engaged in any fishery 
subject to the exclusive fishery management authority of the 
United States under the Fishery Conservation and Manage-
ment Act of 1976, and 
Definitions. 
Damages to 
fishing vessels 
and gear, 
compensation. 
16 u s e 1801 
note. 
39-194 O—80—pt. 1 
49 : QL3 
92 STAT. 716 
PUBLIC LAW 95-376—SEPT. 18, 1978 
Regulations. 
Regulations. 
Application for 
compensation. 
Regulations. 
Review. 
fvf| 
"(B) is attributable to any vessel (or its crew or fishing 
-'; 
gear) other than a vessel of the United States; or 
" (2) in the case of such fishing gear— 
" (A) occurs when such fishing gear is being used for fishing 
t ' 
in any fishery subject to such exclusive management author-
ity, and 
"(B) is attributable to (i) any other vessel, whether such 
vessel is a vessel of the United States, or (ii) an act of God. 
"(c) A vessel owner is not eligible for compensation under this 
section with respect to fishing vessel or fishing gear damage, loss, or 
destniction unless such owner— 
" (1) makes application to the Secretary for compensation under 
this section within sixty days 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 admin-
istrative fee which the Secretary shall deposit into the fund; 
"(3) has, in such form as the Secretary shall prescribe by reg-
ulation, a current inventory or other evidence of possession of the 
fishery vessel or fishing gear concerned; 
"(4) has complied with all applicable regulations, if any, relat-
ing to the marking of, and (if appropriate) the notification 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 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 an initial determination 
with respect to, the application. 
"(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, whichever cost is less, of the fishing vessel 
or fishing gear concerned; 
"(B) proportionally reduced to the extent that evidence indi-
cates that negligence by the vessel owner contributed to the cause 
or extent of the damage, loss, or destruction; and 
"(C) reduced 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. 
"(3) The initial determination made by the Secretary under para-
graph (1) with respect to any application shall— 
"(A) if the application is disapproved, set forth the reasons 
therefor; 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 Sec-
retary contained in the initial determination of the Secretary regard-
ing 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 for 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 
PUBLIC LAW 95-376—SEPT. 18, 1978 
92 STAT. 717 
Fishing Vessel 
and Gear Damage 
Compensation 
Fund. 
Establishment. 
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 Sec-
retary 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 determina-
tion. 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 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 sec-
tion 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 guaran-
teed by. the United States. 
"(3) Whenever the amount in the fund is not sufficient to pay com-
pensation under this section, the Secretary may issue, in an amount 
not to exceed $5,000,000, notes or other olbligations to the Secretary 
of the Treasury, in such forms and denominations, bearing such maturi-
ties, 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 market-
able obligations of the United States 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 Secre- 31 USC 774. 
tary 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 sudh notes or other 
92 STAT. 718 
PUBLIC LAW 95-376—SEPT. 18, 1978 
Penalty. 
Effective date. 
22 u s e 1980 
note. 
22 u s e 1980 
note. 
22 use 1980. 
obligations by the Secretary of the Treasury shall be treated as public 
debt transactions of the United States. AH borrowing authority con-
tained 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 state-
ment 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.". 
(b) The amendment made by subsection (a) shall take effect Jan-
uary 1,1979. 
(c) Nothing in the amendment made by subsection (a) shall be 
construed as affecting in any manner or to any extent any loan made 
under section 10 of the Fishermen's Protective Act of 1967 (as in effect 
before January 1,1979), and, for purposes of the consideration by the 
Secretary of Commerce of any application for a loan under such section 
which was filed, but not acted on, before January 1, 1979, the amend-
ment made by subsection (a) shall not be deemed to have been enacted. 
Approved September 18, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1029 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 95-816 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol 124 (1978): 
Apr. 10, considered and passed House. 
May 22, considered and passed Senate, amended. 
Aug. 10, House concurred in Senate amendments with amendments. 
Aug. 17, Senate concurred in House amendments with an amendment; House 
concurred in Senate amendments.