Page:United States Statutes at Large Volume 94 Part 3.djvu/657

 PUBLIC LAW 96-561—DEC. 22, 1980

94 STAT. 3301

1967 (22 U.S.C. 1980) within the 60-day period prescribed in subsection (c)(l) of such section; or (2) any commercial fisherman who suffered, after September 17, 1978, and before the date of the enactment of this title, damages compensable under title IV of the Outer Continental Shelf Lands Act of 1978 (43 U.S.C. 1841 et seq.), but who did not timely file a claim therefor within the 60-day period prescribed in section 405(a) of such Act; 43 USC 1845. such owner or operator may make application for compensation with respect to such damage, loss or destruction under such section 10, and such commercial fisherman may file a claim for, compensation for such damages under such title IV, to the Secretary of Commerce, within the 60-day period beginning on the date of the enactment of this title. (b) SPECIAL PROVISIONS.—(1) Notwithstanding any other provision of law— (A) any application or filing timely made under subsection (a) shall be treated by the Secretary of Commerce as an application timely made under such section lO(c)(l), or as a filing timely 22 USC 1980. made under such section 405(a), as the case may be, with respect 43 USC 1845. to the damage, loss, or destruction claimed; and (B) any claim for fishing gear loss that was pending on June 1, 1980, before the United States-Union of Soviet Socialist Republics Fisheries Claims Board or the American-Spanish Fisheries Board shall be treated by the Secretary of Commerce as a timely application made, on the date of the enactment of this title, under such section lO(c)(l) for compensation for such loss. (2) Section 403(c)(2)(A) of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1843(c)(2)(A)) is amended by striking out the semicolon at the end thereof and inserting in lieu thereof "and the party admits responsibility;". SEC. 241. AMENDMENTS TO FISHERMEN'S PROTECTIVE ACT OF 1967.

Section 10 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980) is amended as follows: (1) Subsection (a) is amended by adding at the end thereof the following: "(4) The term 'resulting economic loss* means the gross "Resulting income, as estimated by the Secretary, that a fishing vessel economic loss." owner or operator who is eligible for compensation under this section for damage to, loss of, or destruction of, a fishing vessel or the fishing gear used with such vessel will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the vessel or gear, or both, are repaired or replaced and available for use.". (2) Subsection (b) is amended— (A) by inserting "and for any resulting economic loss", immediately after ", or both," in the matter preceding paragraph (1); and (B) by striking out paragraph (2)(B) and inserting in lieu thereof the following: "(B) is attributable to any other vessel, whether or not such vessel is a vessel of the United States. For purposes of subparagraph (B), there shall be a rebuttable presumption that any damage, loss, or destruction offishinggear is attributable to another vessel.".

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