Page:United States Statutes at Large Volume 92 Part 1.djvu/770

 92 STAT. 716 fvf|

Regulations.

Regulations. Application for compensation. Regulations.

Review.

PUBLIC LAW 95-376—SEPT. 18, 1978 "(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 authority, 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 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 complied with all applicable regulations, if any, relating 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 indicates 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 paragraph (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 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 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

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