Public Law 19-21

CBL 19-49 NINETEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST SPECIAL SESSION, 2015 CONGRESSIONAL BILL NO. 19-43, C.D.1 P.C. NO. 19-121 PUBLIC LAW NO. 19-21 AN ACT To further amend section 913 of title 24 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No. 18-108, to extend the application of subsection 913(4)(b) to Purse Seine Vessels to October 31, 2015, and for other purposes. BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: Section 1. Section 913 of title 24 of the Code of the 1 Federated States of Micronesia (Annotated), as amended by Public 2 Law No. 18-108, is hereby further amended to read as follows: 3 “Section 913. Possession, handling and sale of fish, 4 shark, or shark fin, unlawfully taken. 5 (1) No person shall knowingly capture ship, transport, 6 offer for sale sell, purchase, import, export or have 7 custody, control or possession of any fish taken or 8 retained in contravention of this subtitle or any access 9 agreement, permit or applicable law. 10 (2) It shall be unlawful to remove shark fins from 11 sharks on board fishing vessels, and to retain on board, 12 transship or land sharks or shark fins, subject to 13 subsections (4) and (6). 14 (3) It shall be unlawful for fishing vessels to possess 15 wire leaders, steel trace, or wire trace.” 16 (4) All sharks caught by a fishing vessel shall be 17 either: (a) if still alive, immediately released back 18 CONGRESSIONAL BILL NO. 19-43, C.D.1 P.C. NO. 19-121 PUBLIC LAW NO. 19-21 2 of 3 into the ocean. Fishing vessels must ensure that sharks 1 are released whole, and that sharks are not 2 unnecessarily harmed during the release process; or (b) 3 if dead, landed at a transshipment port in the Federated 4 States of Micronesia. Fishing vessels must ensure that 5 sharks are landed whole with all shark fins attached to 6 the carcass; PROVIDED THAT the application of subsection 7 913(4)(b) to Purse Seine vessels shall commence on 8 October 31, 2015. 9 (5) It shall be unlawful to purchase, offer for sale 10 or sell sharks or shark parts, including shark fins 11 which have been removed on board a vessel, transshipped 12 or landed in contravention of this section. 13 (6) Any person who holds a license or permit from the 14 Authority to conduct scientific research on sharks and 15 carries out activities in accordance with that license 16 or permit shall not be held in contravention of this 17 section.” 18 (7) Any person who commits an act in violation of 19 this section shall be subject to a civil penalty of not 20 less than $50,000 and not more than $250,000. 21 (8) It shall be a rebuttable presumption that any 22 sharks caught or shark fins possessed by a fishing 23 vessel originated from the EEZ of the Federated States 24 of Micronesia. 25 CONGRESSIONAL BILL NO. 19-43, C.D.1 P.C. NO. 19-121 PUBLIC LAW NO. 19-21 3 of 3 (9) All shark or shark fins seized and forfeited 1 shall be destroyed by incineration.” 2 Section 2. This act shall become law upon approval by the 3 President of the Federated States of Micronesia or upon its becoming 4 law without such approval. 5 6 7 8 August 13 , 2015 9 10 11 12 for /s/ Yosiwo P. George 13 Peter M. Christian President 14 Federated States of Micronesia 15 16 17 18 19 20 21 22 23 24 25