Page:United States Statutes at Large Volume 82.djvu/772

 730

Effective date.

Definitions.

22 u^c 2 ^ * 15 1 note. Short title.

PUBLIC LAW 90-482-AUG. 12, 1968

[82 STAT,

"(c) The 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. The amount fixed by the Secretary shall be predicated upon at least 331/^ per centum of the contribution by the Government, 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. 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 herebj authorized to be appropriated to such account to carry out the provisions of this section, "(d) 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) The provisions of this section shall be effective for forty-eight consecutive months beginning one hundred and eighty days after the enactment of this section. The Secretary shall issue such regulations and take such other measures as he deems appropriate to implement the provisions of this section prior to such effective date. " (f) For the purposes of this section— "(1) the term 'Secretary' means the Secretary of the Interior. "(2) the term 'owner' includes any charterer of a commercial fishing vessel." SEC. 2. Section 3 of the Act of August 27, 1954 (68 Stat. 883; 22 U.S.C. 1973), is amended by inserting a comma after the word "fine" wherever it appears and the words "license fee, registration fee, or any other direct charge". SEC. 3. Section 5 of the Act of August 27, 1954 (68 Stat, 883, 22 U.S.C. 1975), is amended to read as follows: "SEC, 5. The Secretary of State shall take such action as he may deem appropriate to make and collect claims against a foreign country for amounts expended by the United States under the provisions of this Act (including payments made pursuant to section 7) because of the seizure of a vessel of the United States by such country. If such country fails or refuses to make payment in full within one hundred and twenty days after receiving notice of any such claim of the United States, the Secretary of State shall withhold, pending such payment, an amount equal to such unpaid claim from any funds programed for the current fiscal year for assistance to the government of such country (as shown in materials concerning such fiscal year presented to the Congress in connection with its consideration of amendments to the Foreign Assistance Act of 1961), Amounts withheld under this section shall not constitute satisfaction of any such claim of the United States against such foreign country," SEC. 4. The Act of August 27, 1954 (68 Stat. 883; 22 U.S.C. 19711976), as amended by this Act, may be cited as the "Fishermen's Protective Act of 1967". Approved August 12, 1968.

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