Micronesian Maritime Authority Reefers and Fuel Tankers Licensing Regulations

526 FSM 64 roUrnoNES1AN M1\IU'l'lME l\lJrHORl'!'Y REEFERS AND FUEL TANKERS Lla::NSUX; lu:roLA'rIONS I. AL PROVISIONS 1.1 Statement of Purpose. 'lhese regulations provide for procedures by ,,'uch ovlt!rs or operators of certain Reefers and Fuel Tanker vessels may apply tor aM •• issued pennits to operate in the Exclusive Eoonanic Zone of the ~ States of Micronesia. I.'" AUtllOrity and SCope. 'lbese regulations are pranulg<lted pursuant to Section ;)2(1) (a) of the COde of the Federated States of Micronesia, as an."..... ~ PublicIaw No. 3-10. 'lhese regulations are intendt=d to standardize iohe ..,.,.Cll:Ils by which Reefers and ruel Tanker vessels are granted penni ts to operate uithin the Exclusive Eoonani.c ZOne of the Federated States of Pursuant to secticn 302(2)(b) of Title 24 of the Code of the Federated States of Micronesia, these regulations have the force and effect of law. 1.3· Authority of the Micronesian Maritine Authority. SUbnission of an arrl ic:&tlon and subsequent granting of a Reefer or Fuel Tanker's Penni.t shall ~t;t'W~ acknowledgment. on behalf of the applicant that he accepts the, exc.!usi"e jurisdiction of the Micronesian Maritine Authority over marine re~;ourCGr. within the Exclusive Eoonanic ZOne of the Federated States of Microllesia. 2. D~JNITIOOS 2.1. "Authodty" IlDCUlII the M1~,,1iUlMIlritJlro Authority u e8wbli:;hed by l4 F'.S.M.C. 301, as mrended by Public law 3-10. 2. :a.. "Executive Director" means the Executiva Director of the Micronesian Nad\i-e Authority. 2.3. "Fish" means any l1V1ng ne.rine resource. d 528 FSM 66 2.5. "Fishi,ng Vessels" means any vessel boat, ship, or other erar r which is used for, equipped to 1:e used for, or of a type that is norrrall y used for: (a) Fishing: (b) Aiding or assisting one or nore vessels at sea in the performance of activity related to fishing, includ,n~1 bl.Cf not lhnited to pr~paration, supply, refueling stor~, refrigeration, transtx>rtation, or processing. 2.6 "Fuel Tanker Vessel" means any vessel, boat, ship or other craft which has its nain purpose of supply fuel diesel, oil and other ptoV.1SJons to other licensed foreign fishing vessels operating in the FSM 200 mile. Cl'c.l USJVe. Econcrnic Zone • 2.7. "Reefer Vessel" means any vessel, boat, ship or other c:aft which has as its main purpose of collecting fish frcm other fishing vessels operating in the 200 mile Exclusive-Eoonanic Zone of FSM and which usually carries fish or having the carrying capacity of over 800 metric tens of fish. 2 of 6 529 FSM 67 3. PERMIT RE;mRm 3.1 No Reefer or Fuel Tanker vessel shall engage in fishing in the Exclusive Ecx:manic zone of the Federated States of Micronesia untess such vessel has been issued a valid permit pursuant to these regulations . "b Reefer or FUel Tanker vessel shall engage in fishing in the Territorial &>.a of a state of -the Federated States of Micronesia unless such vessel hi'!~ ~1 issued a valid permit. 4. PRCCEDURFS FOR APPLYIm FUR REEFER ANDF'IJEL:TANKER PERMITS 4.1. Applications for Reefer and Fuel Tanker Permi.ts may be ob~ jn~ frail: The Executive Director Micronesian MaritiIre Authority Post Office Box PS122 Palikir section, Pohnpei Eastern Caroline Islands Federated States of Micronesia, 96941 Applications It'ay also l:e requested by telex fran the Executive Di rector, at Telex numl:er 6812~ in Pohnt::ei. Applications may also be requested by facsimile at. t.elefax number (619) 320-2383. No aJ;plication be reqtlE'sted by telephone. F D n t 533 FSM 71 8.4 '!he Pennittee shall ccrnply. with such other pennit require~sas nay be detetmined by the ixecutive- Director. of, ehe Aul:hori1:.y•. . -Suehotner requirements shall be set forth on the pennit. '!he Pennittee &MJ 5 be. adequately notified by the Authority of any additions or changes to these permit requirerrents. 8.5 '!he Pennittee shall transship or refuel other fishing vesse..ls af designated ports set by the Authority. 9. CAN:ELIATION OR SUSPENSION OF PEPMIT 9.1. Upon failure to canply with Title 18 or 24 of the Ccxie of the. Federated States of Micronesia or any rules or regulations issuQd tf...t.tr~er, 5 of 6 534 FSM 72 or any permit requirerrent, the ~ecutive Director rray cancel or s~en:il 'he pennit. wben taking such action the EXecutive Director sha11 noHf 'i t'-'e applicant of the reasons for this action. '!be PeDnittee shall be,:,i ven areasonab1e opportunity to appeal the cancellation. Such an appE:Q.I sl-l:lll be sent to the Micronesian MaIitirre Authority at the address noted in ~t'"~(aph 4.1 above. The decision of the Authority shall be fi~,J. 'I'h0. pe,..m', tiee ~ll prarptly dispatch to the Authority any such cancelled pennit. 10. ENrRY INro FORCE 10.1 These Regulations shall enter into force upon the signatl..lfe of the O1ainnan of the Micronesian MaritiIre Authority. 11 •. AOOPrION OF RmJIATIONS 11.1. Pursuant to the authority vested with the Authority by ~tiotnS 302(l)(a) and 302(2)(b) of Title 24 of the Code of the Federated ~-tes llf Micronesia, as arrended by Public I.aw No.6-11, these Reefer l1n(l fuel 1ant£f Vessels Licensing Regulations are hereby adopted and shall take effect. i.mredi.ately. rate: ~ ( oJi11{) I ; i '!he provisions of these Interim Reefer and FUel Tanker Vessel L.i~ing ReQulations have been reviewed bv the Office. of the Attorney ('.ener.~ ~4C& 'found to be in proper legal form, Office of '!be Attc Date: PGIff) I ,