OFFICE
OF MARINE CONSERVATION, BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL
AND SCIENTIFIC AFFAIRS, DEPARTMENT OF STATE
AUTHORIZATION:
Fishermen's
Protective Act of 1967, Section 7, Public Law 90-482, as amended,
Public Law 92-569, 22 U.S.C. 1971-1977; Public Law 94-265, as amended,
Public Law 99-659; Public Law 104-43; Public Law 106-450.
To
provide for reimbursement of losses incurred as a result of the
seizure of a U.S. commercial fishing vessel by a foreign country
on the basis of rights or claims in territorial waters or on the
high seas, which are not recognized by the United States. Effective
November 28, 1990, the United States acknowledges the authority
of coastal States to manage highly migratory species, thus reducing
the basis for valid claims under the Fishermen's Protective Act.
TYPES
OF ASSISTANCE:
Insurance. Place Cursor Here for Definition
USES
AND USE RESTRICTIONS:
None.
ELIGIBILITY
REQUIREMENTS:
Applicant
Eligibility: Must be a U.S. citizen and the
owner or charterer of a fishing vessel documented as such by the
United States. Reimbursement of losses and costs (other than fines,
license fees, registration fees and other direct costs which are
reimbursable through the Secretary of State) incurred as a result
of seizure. The vessel must be documented or certified under the
laws of the United States.
Beneficiary
Eligibility: Must be a U.S. citizen and the
owner or charterer of a fishing vessel documented as such by the
United States, and must have paid a premium fee, if one is required,
for the year in which the seizure occurs.
Credentials/Documentation:
Proof of documentation of vessel and proof of claim.
Pre-application
Coordination: Application forms may be obtained
by writing or calling: Office of Marine Conservation, Bureau of
Oceans and International Environmental and Scientific Affairs, Room
5806, Department of State, Washington, DC 20520-7818. Telephone:
(202) 647- 1948. FAX: (202) 736-7350. This program is excluded from
coverage under E.O. 12372.
Application
Procedure: Any owner desiring to enter into
an agreement with the Secretary of State under the authority of
Section 7 of the Act shall make application to the Office Director,
Office of Marine Conservation, Bureau of Oceans and International
Environmental and Scientific Affairs, Room 5806, Department of
State, Washington, DC 20520-7818. The application shall be accompanied
by a fee if required, in the amount established by a fee schedule
in effect at the time of application. After agreement is executed,
no fee paid or portion thereof is returnable. Application for
reimbursement of losses will be accepted only from insured owners.
Award
Procedure: Review and approval will be made
by the Assistant Secretary for Oceans and International Environmental
and Scientific Affairs, Department of State.
Deadlines:
None.
Range
of Approval/Disapproval Time: From 1 to 4
months.
Appeals:
All determinations under this section are final and are not subject
to arbitration or appeal.
Renewals:
Agreement is renewable upon payment of a premium fee, if required,
and completion of current Application for Guaranty Agreement.
ASSISTANCE
CONSIDERATIONS:
Formula
and Matching Requirements: Losses payable are
generally limited to the market value of fish caught before seizure
which were spoiled or confiscated, market value of fishing gear
or vessel if confiscated, and up to 50 percent of gross income lost
as a direct result of such seizures.
Length
and Time Phasing of Assistance: From effective
date of agreement for balance of fiscal year ending on September
30.
POST
ASSISTANCE REQUIREMENTS:
Reports:
None.
Audits:
None.
Records:
None.
FINANCIAL
INFORMATION:
Account
Identification: 19-5121-0-2-376.
Obligations:
(Reimbursement of Losses) FY 01 $0; FY 02 est $500,000; and FY
03 est $500,000.
Range
and Average of Financial Assistance: Not applicable.
In fiscal year 2001, no guaranty agreements were executed and no
applications for participation in the fund were received. For fiscal
year 2002, 15 guaranty agreements are projected.
REGULATIONS,
GUIDELINES, AND LITERATURE:
22 U.S.C 1971-77; 22 CFR 33, as amended.
INFORMATION
CONTACTS:
Regional
or Local Office: Not applicable.
Headquarters
Office: Office of Marine Conservation, Bureau
of Oceans and International Environmental and Scientific Affairs,
Room 5806, Department of State, Washington, DC 20520-7818. Contact:
Mr. Stetson Tinkham. Telephone: (202) 647-3941. Use the same number
for FTS. FAX: (202) 736-7350.
