An Act to extend the provisions of the Fishermen's Protective Act of 1967, relating to the reimbursement of seized commercial fishermen, until October 1, 1978.
PL 95-194 (S.1184), enacted 11/18/1977

PUBLIC LAW 95-194—NOV. 18, 1977 
91 STAT. 1413 
Public Law 95-194 
95th Congress 
An Act 
To extend the provisions of the Fishermen's Protective Act of 1967, relating to 
the reimbursement of seized commercial fishermen, until October 1, 1978. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled, That section 7(e) 
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e)) is 
amended by striking out "October 1,1977" and inserting in lieu thereof 
"October 1, 1978". 
SEC. 2. The Fishermen's Protective Act of 1967, as amended, is fur-
ther amended by adding the following new section at the end thereof: 
"SEC. 10. (a) After July 1, 1977, the Secretary may make a loan to 
the owner or operator of any vessel of the United States which is docu-
mented or certified as a commercial fishing vessel if— 
"(1) he receives an application for a loan under this section 
after such date; 
"(2) he reasonably determines that such vessel, or its fishing 
gear, was lost, damaged, or destroyed by any vessel (or its crew or 
fishing gear) of a foreign nation operating within the fishery con-
servation zone established by sections 101 and 102 of the Fishery 
Conservation and Management Act of 1976 (16 U.S.C. 1811); 
and 
"(3) the amount of such loss, damage, or destruction exceeds 
$2,000. 
Any such loan— 
"(A) may be for an amount not exceeding the value of such 
loss, damage, or destruction; 
"(B) shall be conditional upon assignment to the Secretary 
of any right to recover for such loss, damage, or destruction; 
"(C) shall bear interest at a rate not to exceed 3i/^ per centum 
per annum; and 
"(D) shall be subject to such terms and conditions as the Secre-
tary deems necessary and appropriate for the purposes of this 
section. 
The Secretary shall use the Fishermen's Protective Fund created 
under section 9 for the amounts of any loan made under this section. 
Loans may be made for any loss, damage, or destruction occurring 
after July 1, 1976 for which claims are not already substantially 
resolved. 
"(b) The Secretary, in conjunction with other agencies or depart-
ments, shall investigate each incident of loss, damage, or destruction 
for which a loan was made under this section. If he determines that 
the owner or operator who received the loan was not at fault, the 
Secretary shall cancel repayment of such loan and refund to such 
owner or operator any principal and interest payments thereon made 
prior to the date of such cancellation. If he determines that the owner 
or operator who received the loan was at fault, the loan shall not con-
tinue for its term and shall be repaid within a reasonable time as 
determined by the Secretary. 
Nov. 18, 1977 
[S. 1184] 
Fishermen's 
Protective Act of 
1967, 
amendment. 
Seized 
commercial 
fishermen, 
reimbursement. 
Loans. 
Effective date. 
22 
use 
1980. 
16 
use 
1812. 
Interest rate. 
22 use 1979. 
Investigation, 
eooperation. 
Loan repayment, 
cancellation. 
91 STAT. 1414 
PUBLIC LAW 95-194—NOV. 18, 1977 
Collection. 
"(c) The Secretary, with the assistance of the Attorney General, the 
Secretary of State, and the claimant, shall take appropriate action, 
pursuant to the provisions of title 28, United States Code, to collect 
on any right assigned to him under subsection (a). Amounts collected 
r 
M
. 
under this subsection shall— 
"(1) if such loan was canceled pursuant to subsection (b), be 
22 use 1979. 
paid into the Fishermen's Protective Fund created under section 9, 
to the extent of the amount so canceled; 
"(2) if not so canceled, be applied to the repayment of such 
loan; or 
"(3) to the extent not used pursuant to paragraph (1) or (2), 
paid to the owner or operator who assigned such claim. 
"Secretary." 
" ((J) YoT the purposes of this section, the term 'Secretary' means the 
Secretary of Commerce. 
^^^^- 
"(e) The Secretary may from time to time establish by regulation 
fees to recover the cost of administering this section. Such fees shall 
be paid by the owner or operator making claims under this section." 
Approved November 18, 1977. 
— 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-319 accompanying H.R. 4140 (Comm. on Merchant Marine 
and Fisheries). 
SENATE REPORT No. 95-178 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
May 16, H.R. 4140 considered in House. 
May 24, considered and passed Senate. 
Oct. 18, considered and passed House, amended, in lieu of H.R. 4140. 
Nov. 3, Senate agreed to House amendments with an amendment; House agreed 
to Senate amendment.