§ 1732. Agricultural commodity defined; fishery products available. The term "agricultural commodity" as used in this chapter and sections 1427 and 1431 of this tit'e shall include any agricultural commodity produced in the United States or product thereof produced in the United States: Provided, however, That the term "agricultural commodity" shall not include alcoholic beverages, and for the purposes of subchapter III of this chapter, tobacco or products thereof. Subject to the availability of appropriations therefor, any domestically produced fishery product may be made available under this chapter and sections 1427 and 1431 of this title. (July 10, 1954, ch. 469, title VI, § 402, as added Sept. 21, 1956, Pub. L. 86341. title I, § 14, 73 Stat. 610, and amended Sept. 27, 1962, Pub. L. 87-703, title II, § 201(2), 76 Stat. 611; Nov. 11, 1966, Pub. L. 89-808, § 2(E), 80 Stat. 1536.) AMENDMENTS 1966-Pub. L. 89-808 substituted definition of agricultural commodity and provision as to availability of fishery products for former provisions respecting agreements for delivery of surplus agricultural commodities, period, and security for payments in relation to long-term supply contracts, now covered by subchapter II of this chapter. See section 1707 of this title. 1962-Pub. L. 87-703 authorized executive agreements with financial institutions acting in behalf of friendly nations and administrative sales agreements with foreign and United States private trade with provision for security for payments. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5 of Pub. L. 89-808, set out as a note under section 1691 of this title. DELEGATION OF FUNCTIONS Functions of the President of negotiating and entering into agreements with friendly nations or organizations of friendly nations delegated to the Secretary of State, see section 3(a) of Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, set out as a note under section 1691 of this title. SECTION REFERRED TO IN OTHER SECTIONS 9. Purchase and Distribution of Surplus Fishery Products § 713c-2. Purchase and distribution of surplus fishery Any part of the funds not to exceed $1,500,000 per year, created under and to carry out the provisions of section 612c of Title 7, may also be used by the Secretary of Agriculture for the purpose of diverting surplus fishery products (including fish, shellfish, mollusks, and crustacea) from the normal channels of trade and commerce by acquiring them and providing for their distribution through Federal, State, and private relief channels: Provided, That none of the funds made available to the Secretary of Agriculture under this section and section 713c-3 of this title shall be used to purchase any of the commodities designated in this section which may have been produced in any foreign country. The provisions of law relating to the acquisition of materials or supplies for the United States shall not apply to the acquisition of commodities under this section and section 713c-3 of this title. (Aug. 11, 1939, ch. 696, § 1, 53 Stat. 1411; 1940 Reorg. Plan No. III, § 5, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 1100.) CODIFICATION The first part of this section originally read: "Any part of the funds not to exceed $1,500,000 per year, transferred by the Secretary of Agriculture to the Federal Surplus Commodities Corporation created under and to carry out the provisions of section 612c of Title 7 may also be used by such Corporation", etc., and the reference in the proviso to the Secretary of Agriculture originally read: "Federal Surplus Commodities Corporation". See Transfer of Functions note below. TRANSFER OF FUNCTIONS All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F. R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Surplus Marketing Administration and Agricultural Adjustment Administration were transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees. See note under section 610 of Title 7, Agriculture. Federal Surplus Commodities Corporation and Division of Marketing and Marketing Agreements of Agricultural Adjustment Administration and their functions were consolidated into Surplus Marketing Administration in Department of Agriculture by 1940 Reorg. Plan No. III, set out in the Appendix to Title 5. See also sections 8 and 9 of 1940 Reorg. Plan No. III for provisions relating to transfer of records, property, personnel, and funds. SIMILAR PROVISIONS Earlier provisions on this subject were contained in act Mar. 5, 1937, ch. 29, 50 Stat. 27, and in Joint Res. Apr. 12, 1937, ch. 73, 50 Stat. 61. The former forbade acquisition of commodities thereunder after 90 days after its enactment, but permitted distribution of commodities after such period. The latter made funds available to be used in accordance with the provisions of the former. Joint Res. Apr. 12, 1937, ch. 73, 50 Stat. 61, provided as follows: "That not to exceed $1,000,000 of the funds available to the Federal Surplus Commodities Corporation may be used by such Corporation for the purpose of diverting surplus fish (including shellfish) and the products thereof from the normal channels of trade and commerce by the acquisition and distribution thereof in accordance with the provisions of the Act entitled 'An Act to authorize the purchase and distribution of products of the fishing industry', approved March 5, 1937." Act Mar. 5, 1937, ch. 29, 50 Stat. 27, provided as follows: "That there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $2,000,000 for the purpose of enabling the Federal Surplus Commodities Corporation to divert surplus fish (including shellfish) and the products thereof from the normal channels of trade and commerce by acquiring them and providing for their distribution through Federal, State, and private relief agencies. No commodities shall be acquired under this Act after ninety days after the date of its enactment: Provided, however, That distribution thereof may extend beyond said period. The provisions of law relating to the acquisition of materials or supplies for the United States shall not apply to the acquisition of commodities under this Act." § 713c-3. Same; promotion of the free flow of domestically produced fishery products. (a) Transfer of funds. The Secretary of Agriculture shall transfer to the Secretary of the Interior each fiscal year, beginning with the fiscal year commencing July 1, 1954, and ending on June 30, 1957, from moneys made available to carry out the provisions of section 612c of Title 7, an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws on fishery products (including fish, shellfish, mollusks, crustacea, aquatic plants and animals, and any products thereof, including processed and manufactured products), which shall be maintained in a separate fund and used by the Secretary of the Interior (1) to promote the free flow of domestically produced fishery products in commerce by conducting a fishery educational service and fishery technological, biological and related research programs, the moneys so transferred to be also available for the purchase or other acquisition, construction, equipment, operation, and maintenance of vessels or other facilities necessary for conducting research as provided for in this section, and (2) to develop and increase markets for fishery products of domestic origin and (3) to conduct any biological, technological, or other research pertaining to American fisheries. (b) Transfer of vessels or equipment by agencies. For the purposes of this section, any agency of the United States, or any corporation wholly owned by the United States, is authorized to transfer, without reimbursement or transfer of funds, any vessels or equipment excess to its needs required by the Secretary of the Interior for the activities, studies, and research authorized herein. (c) Cooperation by Secretary of Interior with other agencies, etc.; advisory committee. In carrying out the purposes and objectives of this section, the Secretary of the Interior is directed as far as practicable to cooperate with other appropriate agencies of the Federal Government, with State or local governmental agencies, private agencies, organizations, or individuals, having jurisdiction over or an interest in fish or fishery commodities and he is authorized to appoint an advisory committee of the American fisheries industry to advise him in the formulation of policy, rules and regulations pertaining to requests for assistance, and other matters. (d) Retransfer of funds for purposes of section 713c-2. The Secretary of the Interior is further authorized to retransfer any of the funds not to exceed $1,500,000 to be made available under this section to the Secretary of Agriculture to be used for the purposes specified in section 713c-2 of this title, and only such funds as are thus transferred shall be used for the purposes specified in section 713c-2 of this title with respect to domestically produced fishery products. (e) Availability of funds. The separate fund created for the use of the Secretary of the Interior under subsection (a) of this section and the annual accruals thereto shall be available for each year hereafter until expended by the Secretary. (Aug. 11, 1939, ch. 696, § 2, 53 Stat. 1412; July 1, 1954, ch. 447, 68 Stat. 376; Aug. 8, 1956, ch. 1036, § 12(b), 70 Stat. 1124; Nov. 8, 1965, Pub. L. 89-348, § 1(13), 79 Stat. 1311.) AMENDMENTS 1965 Subsec. (f). Pub. L. 89-348 repealed subsec. (f) which required an annual report to the appropriate committees of Congress on the use of the separate fund. 1956 Subsec. (e). Act Aug. 8, 1956, eliminated provisions which limited expenditures to not more than $3,000,000 in any fiscal year, restricted the balance of the fund to not more than $5,000,000 at the end of any fiscal year, and required the Secretary of the Interior to retransfer funds in excess of the $5,000,000 to the Secretary of Agriculture. 1954 Act July 1, 1954, amended section generally further to encourage the distribution of fishery products. TRANSFER OF FUNCTIONS All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F. R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. CONTINUATION OF AUTHORIZATION FOR TRANSFER OF FUNDS Section 12 (a) of act Aug. 8, 1956, provided that: "The authorization for the transfer of certain funds from the Secretary of Agriculture to the Secretary of the Interior and their maintenance in a separate fund as contained in section 2 (a) of the Act of August 11, 1939, as amended July 1, 1954 (68 Stat. 376), [subsection (a) of this section], shall be continued for the year ending June 30. 1957, and each year thereafter." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 713c-2 of this title. EFFECTIVE DATE Section 300.1 of Title 6, Code of Federal Regulations, promulgated on Oct. 15, 1961, by the Administrator of the Farmers Home Administration, published in 26 F.R. 10031, provides: "The Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1921) (this chapter], is hereby made effective on October 15, 1961, except (a) as to its authorizations to make and sell insured loans with 42 percent yield to the lender and a three-year repurchase agreement which was made effective by regulations issued on September 13, 1961 (26 F.R. 9307), pursuant to assignment of functions contained in 26 F.R. 7888, and (b) that the provisions of Title IV of the Bankhead-Jones Farm Tenant Act which requires mineral reservations in lands disposed of under Title III of that Act [sections 1010-1012 of this title shall not become effective until December 7. 1981." See section 34!(a) of Pub. L. 87-128, set out as a note under this section. SHORT TITLE Section 301(a) of Pub. L. 87-128 provided that: "This title [enacting this chapter and section 1013a of this title, repealing sections 1001-1005d, 1006c-1006e. 1007, 1008, 1009, 1014-1025, 1027-1029 of this title, sections 1148a-1 to 1148a-3 of Title 12, and sections 590r to 590x-4 of Title 16, and enacting provisions set out as a note under this section] may be cited as the 'Consolidated Farmers Home Administration Act of 1961'." REFERENCES IN OTHER LAWS TO BANKHEAD-JONES FARM TENANT ACT OR WATER FACILITIES Act; Repeals; Savings AND SEPARATE PROVISIONS Section 341 of Pub. L. 87-128 provided that: "(a) Reference to any provisions of the BankheadJones Farm Tenant Act or the Act of August 28, 1937 (50 Stat. 869), as amended, superseded by any provision of this title [this chapter] shall be construed as referring to the appropriate provision of this title [this chapter]. Titles I, II, and IV of the Bankhead-Jones Farm Tenant Act, as amended, and the Act of August 28, 1937 (50 Stat. 869), as amended, the Act of April 6, 1949 (63 Stat. 43), as amended, and the Act of August 31, 1954 (68 Stat. 999), as amended, are hereby repealed effective one hundred and twenty days after enactment hereof (Aug. 8, 1961]. or such earlier date as the Provisions of this title (this chapter] are made effective by the Secretary's regulations except that the repeal of section 2(c) of the Act of April 6, 1949, shall not be effective prior to January 1, 1962. The foregoing provisions shall not have the effect of repealing the amendments to section 24, chapter 6 of the Federal Reserve Act [section 371 of Title 12], as amended, section 5200 of the Revised Statutes [section 84 of Title 12]. section 35 of chapter III of the Act approved June 19, 1934 (D.C. Code, title 35, section 535), enacted by section 15 of the Bankhead-Jones Farm Tenant Act, as amended, and by section 10(f) of the Act of August 28, 1937 (50 Stat. 869), as amended. "(b) The repeal of any provision of law by this title [this chapter] shall not "(1) affect the validity of any action taken or obligation entered into pursuant to the authority of any of sald Acts, or "(2) prejudice the application of any person with respect to receiving assistance under the provisions of this title [this chapter). solely because such person is obligated to the Secretary under authorization contained in any such repealed provision. "(c) If any provision of this title [this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the title (this chapter and the application of such provision to other persons or circumstances shall not be affected thereby." SUBCHAPTER I.-REAL ESTATE LOANS SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1961, 1962. 1964, 1983, 1985, 1988 of this title. §1922. Persons eligible for loans. The Secretary is authorized to make and insure loans under this subchapter to farmers and ranchers in the United States and in Puerto Rico and the Virgin Islands who (1) are citizens of the United States, (2) have a farm background, except with respect to veterans as defined in section 1983 (e) of this title, a farm background shall not be required as a condition precedent to obtaining any loan, and either training or farming experience which the Secretary determines is sufficient to assure reasonable prospects of success in the proposed farming operations, (3) are or will become owner-operators of not larger than family farms, and (4) are unable to obtain sufficient credit elsewhere to finance their actuai needs at reasonable rates and terms, taking into consideration prevalling private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time. (Pub. L. 87-128, title III, § 302, Aug. 8, 1961, 75 Stat. 307; Pub. L. 91-620, § 2, Dec. 31, 1970, 84 Stat. 1862.) AMENDMENTS 1970-Pub. L. 91-620 provided that with respect to veterans as defined in section 1983 (e) of this title, a farm background shall not be required as a condition precedent to obtaining any loan. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1924, 1925 of this title. § 1942. Purposes of loans. Loans may be made under this subchapter for (1) paying costs incident to reorganizing the farming system for more profitable operation, (2) purchas.. ing livestock, poultry, and farm equipment, (3) purchasing feed, seed, fertilizer, insecticides, and farm supplies and to meet other essential farm operating expenses including cash rent, (4) financing land and water development, use, and conservation, (5) without regard to the requirements of section 1941 (2) and (3) of this title, to individual farmers or ranchers to finance outdoor recreational enterprises or to convert to recreational uses their farming or ranching operations, including those heretofore financed under this chapter, (6) enterprises needed to supplement farm income, (7) refinancing existing indebtedness, (8) other farm and home needs including but not limited to family subsistence, and (9) for loan closing costs. (Pub. L. 87-128, title III, § 312, Aug. 8, 1961, 75 Stat. 310; Pub. L. 87-703, title IV, § 401 (4), Sept. 27, 1962, 76 Stat. 632; Pub. L. 90-488, § 8, Aug. 15, 1968, 82 Stat. 771.) REFERENCES IN TEXT In the original "this chapter" read "this title", meaning the Consolidated Farmers Home Administration Act of 1961, Title III of Pub. L. 87-128. For distribution of such Title in the Code, see Short Title note under section 1921 of this title. AMENDMENTS 1968-Pub. L. 90-488 deleted from item (4) the concluding phrase, "including recreational uses and facilities", added items (5) and (6), and renumbered former items (5)-(7) as (7)—(9), respectively. 1962-Pub. L. 87-703 authorized, in item (4), loans to be made for recreational uses and facilities. § 1961. Designation of emergency areas; persons eligible for loans. (a) The Secretary may designate any area in the United States and in Puerto Rico and the Virgin Islands as an emergency area if he finds (1) that there exists in such area a general need for agricultural credit which cannot be met for temporary periods of time by private, cooperative, or other responsible sources (including loans the Secretary is authorized to make under subchapter II of this chapter or to make or insure under subchapter I of this chapter or any other Act of Congress), at reasonable rates and terms for loans for similar purposes and periods of time, and (2) that the need for such credit in such area is the result of a natural disaster. (b) The Secretary is authorized to make loans in any such area (1) to established farmers, ranchers, or oyster planters who are citizens of the United States and (2) to private domestic corporations or partnerships engaged primarily in farming, ranching, or oyster planting provided they have experience and resources necessary to assure a reasonable prospect for successful operation with the assistance of such loan, and are unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time. (Pub. L. 87-128, title III, § 321, Aug. 8, 1961, 75 Stat. 311; Pub. L. 87-832, Oct. 15, 1962, 76 Stat. 958.) AMENDMENTS 1962-Subsec. (b). Pub. L. 87-832 authorized loans to established oyster planters and to private domestic corporations or partnerships engaged primarily in oyster planting. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1965, 1983 of this title; title 15 section 636; title 42 section 4021. § 1962. Purpose of loans. Loans may be made under this subchapter for any of the purposes authorized for loans under subchapter I or II of this chapter. (Pub. L. 87-128, title III, § 322, Aug. 8, 1961, 75 Stat. 311.) § 1991. Definitions. As used in this chapter (1) the term "farmers" shall be deemed to include persons who are engaged in, or who, with assistance afforded under this chapter, intend to engage in, fish farming, (2) the term "farming" shall be deemed to include fish farming, and (3) the term "owner-operator" shall in the State of Hawaii include the lessee-operator of real property in any case in which the Secretary determines that the land cannot be acquired in fee simple by the applicant, adequate security is provided for the loan, and there is a reasonable probability of accomplishing the objectives and repayment of the loan: Provided, That item (3) shall be applicable to lessee-operators of Hawaiian Homes Commission lands only when and to the extent that it is possible for such lessee-operators to meet the conditions therein set out. (Pub. L. 87-128, title III, § 343, as added Pub. L. 87-703, title IV, § 401(5), Sept. 27, 1962, 76 Stat. 632, and amended Pub. L. 89-586, Sept. 19, 1966, 80 Stat. 809.) AMENDMENTS 1966-Pub. L. 89-586 added clause (3) authorizing loans by the Secretary of Agriculture on leasehold interests in Hawaii. EFFECTIVE AND TERMINATION DATE OF 1966 AMENDMENT Pub. L. 89-586, as amended by Pub. L. 90-426, July 26, 1968, 82 Stat. 445, provided in part that the amendment of this section by Pub. L. 89-586 shall be effective only for the period of time commencing with Sept. 19, 1966, and ending on June 30, 1970. Sec. 11. Fishermen's Cooperative Associations 521. Fishing industry; associations authorized; aquatic 522. Monopolies or restraints of trade; service of complaint by Secretary of the Interior; hearing; order to cease and desist; jurisdiction of district court. § 521. Fishing industry; associations authorized; aquatic products defined; marketing agencies; requirements. Persons engaged in the fishery industry, as fishermen, catching, collecting, or cultivating aquatic products, or as planters of aquatic products on public or private beds, may act together in associations, corporate or otherwise, with or without capital stock, in collectively catching, producing, preparing for market, processing, handling, and marketing in interstate and foreign commerce, such products of said persons so engaged. The term "aquatic products" includes all commercial products of aquatic life in both fresh and salt water, as carried on in the several States, the District of Columbia, the several Territories of the United States, the insular possessions, or other places under the jurisdiction of the United States. Such associations may have marketing agencies in common, and such associations and their members may make the necessary contracts and agreements to effect such purposes: Provided, however, That such associations are operated for the mutual benefit of the members thereof, and conform to one or both of the following requirements: First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; or Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum. and in any case to the following: Third. That the association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members. (June 25, 1934, ch. 742, § 1, 48 Stat. 1213.) § 522. Monopolies or restraints of trade; service of complaint by Secretary of the Interior; hearing; order to cease and desist; jurisdiction of district court. If the Secretary of the Interior shall have reason to believe that any such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any aquatic product is unduly enhanced by reason thereof, he shall serve upon such association a complaint stating his charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty days after the service thereof, requiring the association to show cause why an order should not be made directing it to cease and desist from monopolization or restraint of trade. An association so complained of may at the time and place so fixed show cause why such order should not be entered. The evidence given on such a hearing shall be taken under such rules and regulations as the Secretary of the Interior may prescribe, reduced to writing, and made a part of the record therein. If upon such hearing the Secretary of the Interior shall be of the opinion that such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any aquatic product is unduly enhanced thereby, he shall issue and cause to be served upon the association an order reciting the facts found by him, directing such association to cease and desist from monopolization cr restraint of trade. On the request of such association or if such association fails or neglects for thirty days to obey such order, the Secretary of the Interior shall file in the district court in the judicial district in which such association has its principal place of business a certified copy of the order and of all the records in the proceedings, together with a petition asking that the order be enforced, and shall give notice to the Attorney General and to said association of such filing. Such district court shall thereupon have jurisdiction to enter a decree affirming, modifying, or setting aside said order, or enter such other decree as the court may deem equitable, and may make rules as to pleadings and proceedings to be had in considering such order. The place of trial may, for cause or by consent of parties, be changed as in other causes. The facts found by the Secretary of the Interior and recited or set forth in said order shall be prima facie evidence of such facts, but either party may adduce additional evidence. The Department of Justice shall have charge of the enforcement of such order. After the order is so filed in such district court and while pending for review therein, the court may issue a temporary writ of injunction forbidding such association from violating such order or any part thereof. The court shall, upon conclusion of its hearing, enforce its decree by a permanent injunction or other appropriate remedy. Service of such complaint and of all notices may be made upon such association by service upon any officer, or agent thereof, engaged in carrying on its business, or on any attorney authorized to appear in such proceeding for such association and such service shall be binding upon such association, the officers and members thereof. (June 25, 1934, ch. 742, § 2, 48 Stat. 1214; 1939 Reorg. Plan No. II, § 4 (e), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1431.) TRANSFER OF FUNCTIONS Functions of the Secretary of Commerce under this section were transferred to the Secretary of the Interior by 1939 Reorg. Plan No. II, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the Bureau of Fisheries from the Department of Commerce to the Department of the Interior. FEDERAL RULES OF CIVIL PROCEDURE Application of, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. 12. Medical Care for Seamen 42 U.S.C. 249 § 249. Medical care and treatment of seamen and certain other persons; foreign seamen; certain quarantined persons; temporary treatment in emergency cases; authorization for outside treatment. (a) The following persons shall be entitled, in accordance with regulations, to medical, surgical, and dental treatment and hospitalization without charge at hospitals and other stations of the Service: (1) Seamen employed on vessels of the United States registered, enrolled, and licensed under the maritime laws thereof, other than canal boats engaged in the coasting trade; (2) Seamen employed on United States or foreign flag vessels as employees of the United States through the War Shipping Administration; (3) Seamen, not enlisted or commissioned in the military or naval establishments, who are employed on State school ships or on vessels of the United States Government of more than five tons' burden; (4) Cadets at State maritime academies or on State training ships; (5) Seamen on vessels of the Mississippi River Commission and, upon application of their commanding officers, officers and crews of vessels of the Fish and Wildlife Service; (6) Enrollees in the United States Maritime Service on active duty and members of the Merchant Marine Cadet Corps; (7) Seamen-trainees, while participating in maritime training programs to develop or enhance their employability in the maritime industry; and (8) Persons who own vessels registered, enrolled, or licensed under the maritime laws of the United States, who are engaged in commercial fishing operations, and who accompany such vessels on such fishing operations, and a substantial |