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| 19.204 FISHERMEN'S GUARANTY FUND |
| (Section 7) |
| FEDERAL AGENCY |
| 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; Public Law 108-219. |
| OBJECTIVES |
| 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. |
| USES AND USE RESTRICTIONS |
| None. |
| 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. |
| Preapplication 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. |
| 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. |
| Reports |
| None. |
| Audits |
| None. |
| Records |
| None. |
| Account Identification |
| 19-5121-0-2-376. |
| Obligations |
| (Reimbursement of Losses) FY 07 $500,000; FY 08 est not available; and FY 09 est not reported. |
| Range and Average of Financial Assistance |
| Not applicable. |
| PROGRAM ACCOMPLISHMENTS |
| In fiscal year 2005, no guaranty agreements were executed and no applications for participation in the fund were received. For fiscal year 2006, 10 guaranty agreements are projected. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| 22 U.S.C 1971-77; 22 CFR 33, as amended. |
| 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. |
| Web Site Address |
| http://www.state.gov |
| RELATED PROGRAMS |
| 19.200, Claims Against Foreign Governments; 19.201, Protection of Ships From Foreign Seizure. |
| EXAMPLES OF FUNDED PROJECTS |
| Not applicable. |
| CRITERIA FOR SELECTING PROPOSALS |
| Not applicable. |
|
General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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