REFERENCES IN TEXT

Section 273, included within the reference to sections 262 to 280 of this title, was repealed by Pub. L. 89-476, § 2(d), June 29, 1966, 80 Stat. 230.

AMENDMENTS

1961-Pub. L. 87-220 designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

1950-Act Sept. 2, 1950, added second sentence to increase protection to American fishermen.

LANDING OF CATCH OF FISH BY FOREIGN-FLAG VESSELS Provisions of this section prohibiting the landing of fish in United States ports by foreign-flag vessels direct from fishing grounds unaffected, see section 6 of Pub. L. 87-814, set out as a note under section 951 of Title 16, Conservation.

CROSS REFERENCES

Exemption from requirements of this section

Canal boats or boats employed on internal waters or canals of any state, see section 336 of this title. Entry and clearance fees and tonnage taxes, enrolled, licensed, or registered vessels, see sections 111, 122, and 123 of this title.

Vessels not propelled by sail or internal motive power, see section 332 of this title. Fishing vessels; transfer and transportation of catch of other vessels, see section 404a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335, 336 of this title.

§ 251a. Remission or mitigation of fines, penalties or forfeitures.

Any fine, penalty, or forfeiture incurred under the provisions of this Act shall be subject to remission or mitigation in accordance with section 7 of this title. (Pub. L. 87-220, § 2, Sept. 13, 1961, 75 Stat. 493.)

REFERENCES IN TEXT

This Act, referred to in the text, means Pub. L. 87-220, which added subsecs. (b) and (c) to section 251 of this title, section 251b of this title, and this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335 of this title.

§ 251b. Regulations.

The Secretary of the Treasury may issue such regulations as he deems necessary for the enforcement of the provisions of this Act. (Pub. L. 87-220, § 3, Sept. 13, 1961, 75 Stat. 493.)

REFERENCES IN TEXT

This Act, referred to in the text, means Pub. L. 87-220, which added subsecs. (b) and (c) to section 251 of this title, section 251a of this title, and this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335 of this title.

§ 252. Vessels which may be enrolled.

In order for the enrollment of any vessel, she shall possess the same qualifications, and the same requirements in all respects shall be complied with, as are required before registering a vessel; and the same powers and duties are conferred and imposed upon all officers, respectively, and the same proceedings shall be had, in enrollment of vessels, as are prescribed for similar cases in registering; and vessels enrolled, with the masters or owners thereof, shall be subject to the same requirements as are prescribed for registered vessels. (R.S. § 4312.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 2, 1 Stat. 305.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

Registry and recording of vessels, see chapter 2 of this title.

Vessels purchased, chartered, or leased from Secretary of Commerce, enrollment, see section 808 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335, 336 of this title.

§ 310. Permit to touch at foreign port. Whenever any vessel, licensed for carrying on the fishery, is intended to touch and trade at any foreign port, it shall be the duty of the master or owner to obtain permission for that purpose from the collector of the district where such vessel may be, previous to her departure, and the master of every such vessel shall deliver like manifests, and make like entries, both of the vessel and of the merchandise on board, within the same time, and under the same penalty, as are by law provided for vessels of the United States arriving from a foreign port. (R. S. § 4364.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 21, 1 Stat. 313.

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise

of the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

Vessels licensed for "coasting trade and Mackerel fishery," application of section to, see section 263 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 263, 268, 274. 275, 311, 321, 322, 323, 324, 326, 328, 332, 333, 335, 336 of this title.

§311. Penalty for touching at foreign port without permission.

Whenever a vessel, licensed for carrying on the fisheries, is found within three leagues of the coast, with merchandise of foreign growth or manufacture, exceeding the value of $500, without having such permission as is directed by section 310 of this title, such vessel, together with the merchandise of foreign growth or manufacture imported therein, shall be subject to seizure and forfeiture. (R. S. § 4365.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 21, 1 Stat. 313.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

Vessels licensed for "coasting trade and Mackerel fishery," application of section to, see section 263 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 263, 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335, 336 of this title.

§331. Certain fees abolished.

No fees shall be charged or collected by collectors or other officers of customs, or by Coast Guard officials, for the following services to vessels of the United States, to wit: Measurement of tonnage and certifying the same, except that the compensation and necessary travel and subsistence expenses of the officers so measuring or certifying such vessels at the request of the owners thereof at a place other than a port of entry or a customs station shall be paid by such owners; issuing of license or granting of certificate of registry, record, or enrollment, including all indorsements on the same and oath; indorsement of change of master; certifying and receiving manifest, including master's oath and permit; granting permit to vessels licensed for the fisheries to touch and trade; granting certificate of payment of tonnage dues; recording bill of sale, mortgage, hypothecation or conveyance, or the discharge of such mortgage or hypothecation; furnishing certificate of title; furnishing the crew list; certificate of protection to seamen; bill of health; shipping or discharging of seamen, as provided by title 53 of the Revised Statutes and sections 563 and 646 of this title; apprenticing boys to the merchant service; inspecting, examining, and licensing steam vessels, including inspection certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel. (June 19, 1886, ch. 421, § 1, 24 Stat. 79; Apr. 4, 1888, ch. 61, § 2, 25 Stat. 80; June 25, 1938, ch. 679, § 19(a), 52 Stat. 1087; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

REFERENCES IN TEXT

For distribution of Title 53, referred to in text, sections 4501-4612, of the Revised Statutes, see note under section 543 of this title.

CODIFICATION

This is from the Shipping Act of June 19, 1886, § 1, as amended by act Apr. 4, 1888.

Prior to its incorporation into the Code, the section contained the following additional provisions: "And all provisions of laws authorizing or requiring the collection of fees for such services are repealed, such repeal to take effect July first, eighteen hundred and eighty-six. Collectors or other officers of customs, inspectors of steam

vessels, and shipping commissioners who are paid wholly or partly by fees shall make a detailed report of such services, and the fees provided by law, to the Secretary of the Treasury, under such regulations as that officer may prescribe; and the Secretary of the Treasury shall allow and pay, from any money in the Treasury not otherwise appropriated, said officers such compensation for said services as each would have received prior to the passage of this act; also such compensation to clerks of shipping commissioners and clerks of steamboat inspectors, and such allowances for fees of United States marshals and witnesses for services under the steamboatinspection laws, and for expenses of steamboat inspectors provided for by section forty-four hundred and sixty-one of the Revised Statutes as would have been paid them had this act not passed: Provided, That such services have, in the opinion of the Secretary of the Treasury, been necessarily rendered."

The amendment by act Apr. 4, 1888, inserted in the last sentence, after the words "clerks of shipping commissioners," the provisions beginning with the words "and clerks of steamboat inspectors," and ending with the words "of the Revised Statutes."

These provisions were, in part superseded by the reorganization of the customs service under act Aug. 24, 1912, ch. 355, § 1, 37 Stat. 434 (former section 1 of Title 19); in part by act June 25, 1910, ch. 384, § 7, 36 Stat. 773, repealing so much of the act of 1886 as made a permanent indefinite appropriation to pay compensation to shipping commissioners and their clerks, and requiring estimates therefor to be submitted annually; and in part by subsequent acts making appropriations for the steamboat inspection service and shipping commissioners. See act Feb. 24, 1927, ch. 189, 44 Stat. 1205, 1206.

The following provisions were omitted from the Code as superseded by this section: R.S. § 4185, as to fees of collectors for each certificate of registry or record, for each indorsement, and for taking any bond required by that title; R.S. § 4186, as to fees of surveyors for the admeasurement of vessels, etc., and other services to be performed on board vessels; R.S. § 4458, as amended by act Apr. 5, 1882, ch. 67, 22 Stat. 40, as to sums to be demanded and received by the collector or other chief officer of the customs before issuing any license to any steamer, as compensation for the inspections and examinations made for the year; and the fees to be paid by each master, engineer, pilot, and mate, licensed as therein provided; and act June 26, 1884, ch. 121, § 28, 23 Stat. 59, dealing. in part, with the same matters; R.S. §§ 4592, and 4593, as to fees upon engagements and discharges and apprenticeships effected before shipping commissioners; a provision of act Aug. 5, 1882, ch. 398, § 3, 22 Stat. 301, authorizing the Secretary of the Treasury to establish and promulgate a scale of fees for readmeasurement of spaces to be deducted from the gross tonnage of a vessel. A provision of act Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1315, that all payments to collectors or other officers of the customs on account of fees theretofore paid from the permanent indefinite appropriation provided for by section 1 of the act of 1886, should be paid from the appropriation “Expense of collecting the revenue from customs" was superseded by the reorganization of the customs service mentioned above.

AMENDMENTS

1938-Act June 25, 1938, required owners of vessels to pay compensation and travel and subsistence expenses of officers measuring or certifying vessels at request of owners at a place other than a port of entry or customs station.

EFFECTIVE DATE OF 1938 AMENDMENT

Section 37 of act June 25, 1938, provided that the amendment to this section shall take effect on the thirtieth day following June 25, 1938, except as otherwise specifically provided, see note under section 1401 of Title 19, Customs Duties.

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated

not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26. The Plan excepted from the transfer the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under

sections 1 and 3 of Title 14, Coast Guard.

"Coast Guard officials" was substituted for "inspectors of steam vessels or shipping commissioners" on authority of 1946 Reorg. Plan No. 3, set out in the Appendix to Title 5.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY
OF THE TREASURY
Administrative delegation of functions by Secretary of
the Treasury, see note under former section 1 of this title.
CROSS REFERENCES

Fees for bill of sale, conveyance or mortgage recorded, or certificate or certified copy furnished, see section 927 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 19 section 58.

§ 1971. Definition.

For the purposes of this chapter the term "vessel of the United States" shall mean any private vessel documented or certificated under the laws of the United States. (Aug. 27, 1954, ch. 1018, § 1, 68 Stat. 883.)

SHORT TITLE

Pub. L. 90-482, § 4, Aug. 12, 1968, 82 Stat. 730, provided that: "The Act of August 27, 1954 (68 Stat. 883; 22 U.S.C. 1971-1976), as amended by this Act [sections 1971-1977 of this title], may be cited as the Fishermen's Protective Act of 1967'."

CROSS REFERENCES

Registry and recording, see chapter 2 of Title 46, Shipping.

§ 1972. Action by Secretary of State upon seizure of vessel by foreign country.

In any case where

(a) a vessel of the United States is seized by a foreign country on the basis of rights or claims in territorial waters or the high seas which are not recognized by the United States; and

(b) there is no dispute of material facts with respect to the location or activity of such vessel at the time of such seizure,

the Secretary of State shall as soon as practicable take such action as he deems appropriate to attend to the welfare of such vessel and its crew while it is held by such country and to secure the release of such vessel and crew. (Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973, 1977 of this title.

§ 1973. Reimbursement of owner for any direct charges paid to secure release of vessel and crew.

In any case where a vessel of the United States is seized by a foreign country under the conditions of section 1972 of this title and a fine, license fee, registration fee, or any other direct charge must be paid in order to secure the prompt release of the vessel and crew, the owners of the vessel shall be reimbursed by the Secretary of the Treasury in the amount certified to him by the Secretary of State as being the amount of the fine, license fee, regis

tration fee, or any other direct charge actually paid. (Aug. 27, 1954, ch. 1018, § 3, 68 Stat. 883; Aug. 12, 1968, Pub. L. 90-482, § 2, 82 Stat. 730.)

AMENDMENTS

1968-Pub. L. 90-482 added ", license fee, registration fee, or any other direct charge" following "fine" wherever appearing.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1977 of this title.

§ 1974. Inapplicability of chapter to certain seizures. The provisions of this chapter shall not apply with respect to a seizure made by a country at war with the United States or a seizure made in accordance with the provisions of any fishery convention or treaty to which the United States is a party. (Aug. 27, 1954, ch. 1018, § 4, 68 Stat. 883.)

§ 1975. Action by Secretary on claims for amounts expended because of seizure; withholding amount of unpaid claim from foreign assistance funds. 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 chapter (including payments made pursuant to section 1977 of this title) 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. (Aug. 27, 1954, ch. 1018, § 5, 68 Stat. 883; Aug. 12, 1968, Pub. L. 90482, § 3, 82 Stat. 730.)

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in the

(a) Agreement to reimburse for actual costs, confiscation or spoilage of fish, and loss of income. The Secretary, upon receipt of an application filed with him at any time after the effective date of this section by the owner of any vessel of the United States which is documented or certificated as a commercial fishing vessel, shall enter into an agreement with such owner subject to the provision of this section and such other terms and conditions as the Secretary deems appropriate. Such agreement shall provide that, if said vessel is seized by a foreign country and detained under the conditions of section 1972 of this title, the Secretary shall guarantee

(1) the owner of such vessel for all actual costs, except those covered by section 1973 of this title, incurred by the owner during the seizure and detention period and as a direct result thereof, as determined by the Secretary, resulting (A) from any damage to, or destruction of, such vessel, or its fishing gear or other equipment, (B) from the loss or confiscation of such vessel, gear, or equipment, or (C) from dockage fees or utilities;

(2) the owner of such vessel and its crew for the market value of fish caught before seizure of such vessel and confiscated or spoiled during the period of detention; and

(3) the owner of such vessel and its crew for not to exceed 50 per centum of the gross income lost as a direct result of such seizure and detention, as determined by the Secretary of the Interior, based on the value of the average catch per day's fishing during the three most recent calendar years immediately preceding such seizure and detention of the vessel seized, or, if such experience is not available, then of all commercial fishing vessels of the United States engaged in the same fishery as that of the type and size of the seized vessel.

(b) Distribution of payments according to commercial fishing practices and procedures.

Payments made by the Secretary under para

graphs (2) and (3) of subsection (a) of this section shall be distributed by the Secretary in accordance with the usual practices and procedures of the particular segment of the United States commercial fishing industry to which the seized vessel belongs relative to the sale of fish caught and the distribution of the proceeds of such sale.

(c) Establishment of fees; amount of fees; credit of fees to separate Treasury account; payment from collected fees; authorization of appropriations. 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 333 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 hereby authorized to be appropriated to such account to carry out the provisions of this section.

(d) Finality of determinations; insured losses.

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) Effective date; rules and regulations.

The provisions of this section shall be effective for forty-eight consecutive months beginning one hundred and eighty days after August 12, 1968. 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) Definitions.

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.

(Aug. 27, 1954, ch. 1018, § 7, as added Aug. 12, 1968, Pub. L. 90-482, § 1, 82 Stat. 729.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1975 of this ttile.

§ 2370. Prohibitions against furnishing assistance.

(0) Exclusion from assistance of countries seizing or imposing penalties or sanctions against United States fishing vessels.

In determining whether or not to furnish assistance under this chapter, consideration shall be given to excluding from such assistance any country which hereafter seizes, or imposes any penalty or sanction against, any United States fishing vessel on account of its fishing activities in international waters. The provisions of this subsection shall not be applicable in any case governed by international agreement to which the United States is a party.

§ 2753. Eligibility; Presidential waiver; report to Congress.

(b) No sales, credits, or guaranties shall be made or extended under this chapter to any country during a period of one year after such country seizes, or takes into custody, or fines an American fishing vessel for engaging in fishing more than twelve miles from the coast of that country. The President may waive the provisions of this subsection when he determines it to be important to the security of the

United States or he receives reasonable assurances from the country involved that future violations will not occur, and promptly so reports to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate. The provisions of this subsection shall not be applicable in any case governed by an international agreement to which the United States is a party. (Pub. L. 90-629, ch. 1, § 3, Oct. 22, 1968, 82 Stat. 1322; Pub. L. 91-672, § 1, Jan. 12, 1971, 84 Stat. 2053.)

AMENDMENTS

1971-Subsec. (b). Pub. L. 91-672 extended the retaliatory measures against countries seizing, taking custody or fining American vessels for fishing outside of twelve miles of their coast, to sales, credits, guaranties, and laid down a period of one year as the extent of such prohibition, and added assurances of future restraint received from such countries as an additional ground for waiver, and provided exception that the prohibition will not apply in cases governed by international agreements to which the United States is a party.

EFFECTIVE DATE

Section effective on July 1, 1968, see section 41 of Pub. L. 90-629, set out as a note under section 2751 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2314a of this title.

§ 4161. Imposition of tax.

There is hereby imposed upon the sale of fishing rods, creels, reels, and artificial lures, baits, and filles (including parts or accessories of such articles sold on or in connection therewith, or with the sale thereof) by the manufacturer, producer, or importer a tax equivalent to 10 percent of the price for which so sold. (Aug. 16, 1954, ch. 736, 68A Stat. 489; June 21, 1965, Pub. L. 89-44, title II, § 205 (a), 79 Stat. 140.)

AMENDMENTS

1965-Pub. L. 89-44 removed the 10 percent tax on equipment for billiards, pool, bowling, trap shooting,

cricket, croquet, badminton, curling, deck tennis, golf, lacrosse, polo, skiing, squash, table tennis, and tennis, and retained the tax only for fishing equipment.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment of section by Pub. L. 89-44 applicable with respect to articles sold on or after June 22, 1968, see section 701(a) of Pub. L. 89-44, set out as a note under section 4061 of this title.

§ 4221. Certain tax-free sales. (a) General rule.

Under regulations prescribed by the Secretary or his delegate, no tax shall be imposed under this chapter on the sale by the manufacturer of an