Marine Resources Act of 2002

CBL 12-37 TWELFTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND REGULAR SESSION, 2001 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 AN ACT To further amend title 24 of the Code of the Federated States of Micronesia, as amended, by repealing chapters 1 through 5 in their entirety; by renumbering chapters 6 and 7 as chapters 10 and 11 respectively; and by enacting new chapters 1 through 9 of subtitle I; to establish the Marine Resources Act of 2002; and for other purposes. BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: Section 1. Chapters 1 through 5 of title 24 of the Code of the 1 Federated States of Micronesia, as amended by Public Laws Nos. 10-75, 2 11-24, 11-26, 11-57 and 12-14, are hereby repealed in their entirety. 3 Section 2. Title 24 of the Code of the Federated States of 4 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 5 11-57 and 12-14, is hereby further amended by enacting a new 6 chapter 1 entitled "General Provisions" of new subtitle I entitled 7 "Marine Resources Act of 2002". 8 Section 3. Title 24 of the Code of the Federated States of 9 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 10 11-57 and 12-14, is hereby further amended by enacting a new 11 section 101 of chapter 1 to read as follows: 12 "Section 101. Purpose of this subtitle. 13 (1) The purpose of this subtitle is to ensure the 14 sustainable development, conservation and use of the 15 marine resources in the exclusive economic zone by 16 promoting development of, and investment in, fishing and 17 related activities in the context of effective 18 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 2 of 122 stewardship. 1 (2) This act may be referred to as the 'Marine 2 Resources Act of 2002'." 3 Section 4. Title 24 of the Code of the Federated States of 4 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 5 11-57 and 12-14, is hereby further amended by enacting a new 6 section 102 of chapter 1 to read as follows: 7 "Section 102. Definitions. In this subtitle, except 8 where otherwise specified, the following terms shall 9 have the meanings stated below: 10 (1) 'Access agreement' means a treaty, agreement or 11 arrangement entered into by the Authority pursuant to 12 this act in relation to access to the exclusive economic 13 zone for fishing by foreign fishing vessels, and 14 includes bilateral and multilateral instruments 15 applicable at the national, subregional, regional or 16 international level. 17 (2) 'Administrator' means the director of a regional 18 fisheries agency or any other organization or person 19 authorized, pursuant to section 106 of chapter 1 of this 20 subtitle, to administer a fisheries access agreement or 21 fisheries management agreement to which the Federated 22 States of Micronesia is party. 23 (3) 'Agent' includes a person appointed or designated 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 3 of 122 by a foreign fishing company to act as the legal 1 representative of that company within the Federated 2 States of Micronesia, including acceptance of and 3 response to legal process, pursuant to section 404(4)(a) 4 of chapter 4 of this subtitle. 5 (4) 'Aircraft' means any craft capable of self-6 sustained movement through the atmosphere and includes 7 helicopters. 8 (5) 'Atoll' means a naturally formed coral reef system 9 which has one or more islands situated on the reef 10 system, including, but not limited to, Ngulu, Ulithi, 11 Sorol, Eauripi, Woleai, Faraulep, Ifalik, Olaimarao, 12 Elato, Lamotrek, West Fayu, Puluwat, Pulap, Pulusuk, 13 Namonuito, Kuop, Nomowin, Murilo, Losap, Namoluk, 14 Satawan, Etal, Lukunor, Minto Reef, Oroluk, Nukuoro, 15 Kapingamarangi, Pakin, Ant, Sapwuahfik, Mwoakilloa and 16 Pingelap. 17 (6) 'Authority' means the National Oceanic Resource 18 Management Authority established by section 201 of 19 chapter 2 of this subtitle. 20 (7) 'Authorized observer' means any person authorized 21 in writing by the Authority to act as an observer on 22 fishing vessels for the purposes of this subtitle, 23 including any observer authorized pursuant to the 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 4 of 122 provisions of an access agreement or a fisheries 1 management agreement. 2 (8) 'Authorized officer' means any person or category 3 of persons designated pursuant to section 602 of chapter 4 6 of this subtitle as an authorized officer. 5 (9) 'Automatic location communicator' or 'transponder' 6 means a device placed on a fishing vessel that 7 transmits, either in conjunction with another device or 8 devices or independently, information concerning the 9 position, fishing and other activities of the vessel. 10 (10) 'Based in the Federated States of Micronesia' 11 means using land-based facilities in the Federated 12 States of Micronesia to support fishing, including 13 location of the home port of a vessel in the Federated 14 States of Micronesia, landing or transshipping all fish 15 harvested within the exclusive economic zone and/or 16 operating under a joint venture arrangement in the 17 Federated States of Micronesia, or under arrangements 18 where the operator of a vessel is participating in 19 shore-based developments or is otherwise making a 20 substantial contribution to the development of the 21 domestic tuna industry. 22 (11) 'Buy' includes: 23 (a) barter or attempt to barter; 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 5 of 122 (b) purchase or attempt to purchase; 1 (c) receive on account or consignment; 2 (d) purchase or barter for future goods or for 3 any consideration of value; and 4 (e) purchase or barter as an agent for another 5 person, and 'buyer' shall have a corresponding meaning. 6 (12) 'Citizen' means a person who is a citizen of the 7 Federated States of Micronesia. 8 (13) 'Closed area' means an area in which fishing is 9 prohibited. 10 (14) 'Closed season' means a period of time during 11 which fishing is prohibited. 12 (15) 'Commercial fishing' means any fishing resulting 13 or intending or appearing to result in the sale or trade 14 of any fish which may be taken during the fishing 15 operation, and does not include subsistence fishing. 16 For the purposes of this act, the following shall be 17 presumed to be commercial fishing: 18 (a) use of a vessel for fishing which measures 19 twenty-seven (27) feet or more in overall length; 20 (b) use of more than one vessel for fishing which 21 is owned by a single person for the primary purpose of 22 selling or trading any fish. 23 (16) 'Commercial pilot fishing' means any fishing for 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 6 of 122 the purpose of testing the commercial viability of: 1 (a) new fishing methods; 2 (b) developing new stocks of fish; or 3 (c) fishing in previously unexploited areas. 4 (17) 'Court' means the Supreme Court of the Federated 5 States of Micronesia. 6 (18) 'Domestic fishing' means any fishing by a local 7 fishing vessel longer than twenty-seven (27) feet in 8 overall length, but not including commercial pilot 9 fishing. 10 (19) (Reserved) 11 (20) (Reserved) 12 (21) 'Drift net' means a gillnet or other net or 13 arrangement of nets which is more than 2.5 kilometers 14 (1.56 miles) in length, the purpose of which is to 15 enmesh, entrap or entangle fish. 16 (22) 'Drift net fishing activities' includes fishing 17 with the use of a drift net and any related activities 18 including transporting, transshipping and processing any 19 drift net catch, and provisioning of food, fuel and 20 other supplies for vessels used or outfitted for drift 21 net fishing. 22 (23) 'Exclusive economic zone' means the exclusive 23 economic zone as defined in title 18 of the Code of the 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 7 of 122 Federated States of Micronesia. 1 (24) 'Executive Director' means the individual 2 appointed by the Authority to be in charge of the 3 daily activities and operation of the authority and to 4 perform such other functions as required by this 5 subtitle. 6 (25) 'Export' means to: 7 (a) send or take out of the country; 8 (b) attempt to send or take out of the country; 9 (c) receive on account or consignment for 10 purposes of paragraph (a) or (b) above; 11 (d) act as an agent for another person for 12 purposes of (a) through (c) above; and 13 (e) carry or transport anything for purposes of 14 paragraphs (a) through (d) of this subsection, and 15 'exporter' shall have a corresponding meaning. 16 (26) 'Fish' means any living marine resource. 17 (27) 'Fish aggregating device' means any man-made or 18 partly man-made floating or semi-submerged device, 19 whether anchored or not, intended for the purpose of 20 aggregating fish, and includes any natural floating 21 object on which a device has been placed to facilitate 22 its location. 23 (28) 'Fish processing' means the producing of any 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 8 of 122 substance or article from fish by any method and 1 includes the cutting up, dismembering, cleaning, 2 sorting, loining, freezing, canning, salting, preserving 3 and reduction of fish. 4 (29) 'Fisheries management agreement' means any 5 agreement, arrangement or treaty in force to which the 6 Federated States of Micronesia is a party, not including 7 any access agreement, which has as its primary purpose 8 cooperation in or coordination of fisheries management 9 measures in all or part of the region, or implementation 10 of a multilateral access agreement, including, but not 11 limited to, fisheries monitoring, control and 12 surveillance and establishing criteria or requirements 13 for fishing and fisheries access. 14 (30) 'Fishery' or 'Fisheries' means one or more stock 15 of fish or any fishing operation based on such stocks 16 which can be treated as a unit for purposes of 17 conservation and management, taking into account 18 geographical, scientific, technical, recreational, 19 economic and other relevant characteristics. 20 (31) 'Fishery waters' means the exclusive economic 21 zone, the territorial sea and internal waters as 22 described in title 18 of the Code of the Federated 23 States of Micronesia, and any other waters over which 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 9 of 122 the Federated States of Micronesia claims sovereignty or 1 sovereign Rights. 2 (32) 'Fishing' means: 3 (a) the actual or attempted searching for, 4 catching, taking or harvesting of fish; 5 (b) any activity which can reasonably be expected 6 to result in the locating, catching, taking or 7 harvesting of fish; 8 (c) the placing, searching for or recovering of 9 any fish aggregating device or associated electronic 10 equipment such as radio beacons; 11 (d) any operation at sea directly in support of 12 or in preparation for any activity described in this 13 subsection except for operations defined as related 14 activities in subsection (51) of this section; and 15 (e) the use of an aircraft in relation to any 16 activity described in this subsection except for flights 17 in emergencies involving the health or safety of crew 18 members or the safety of a vessel. 19 (33) 'Fishing gear' means any equipment, implement, or 20 other thing that can be used in the act of fishing, 21 including any fishing net, rope, line, float, trap, 22 hook, winch, boat, beacon or locating device, aircraft 23 or helicopter. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 10 of 122 (34) 'Fishing vessel' means any vessel, boat, ship or 1 other craft which is used for, equipped to be used for 2 or of a type that is normally used for fishing as the 3 term fishing is defined in subsection (32) of this 4 section. 5 (35) 'Flag fishing vessel' means any foreign fishing 6 vessel that is registered in the Federated States of 7 Micronesia pursuant to title 18 of the Code of the FSM 8 and any domestic fishing vessel. 9 (36) 'Foreign fishing' means any fishing not defined as 10 domestic fishing, and not including commercial pilot 11 fishing or fishing from a local fishing vessel less than 12 or equal to twenty-seven (27) feet in overall length. 13 (37) 'Foreign fishing vessel' means any fishing vessel 14 other than a local fishing vessel. 15 (38) 'Foreign party' means a noncitizen party to an 16 access agreement or a party to an access agreement that 17 is at least twenty percent foreign-owned. 18 (39) 'Foreign recreational fishing' means fishing using 19 a foreign fishing vessel for recreational or sport 20 purposes. 21 (40) 'High seas' means all parts of the sea that are 22 not included in the exclusive economic zone, in the 23 territorial sea, or in the internal water of any nation, 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 11 of 122 or in the archipelagic waters of an archipelagic nation. 1 (41) 'Internal waters' means waters on the landward 2 side of the baseline of the territorial sea of any 3 island within the Federated States of Micronesia. 4 (42) 'Island' means a naturally formed area of land 5 surrounded by water, which is above water at high tide. 6 (43) 'Local fishing vessel' means any fishing vessel 7 wholly owned and controlled by: 8 (a) the Government of the Federated States of 9 Micronesia, any State government or any subdivision 10 thereof; 11 (b) one or more natural persons who are citizens 12 of the Federated States of Micronesia; 13 (c) any corporation, company, society, or other 14 association of persons incorporated or established under 15 the laws of the Federated States of Micronesia or of any 16 State and which is wholly owned and controlled by one or 17 more of the entities or persons described in paragraphs 18 (a) or (b) of this subsection; and 19 (d) any combination of persons or entities 20 described in paragraphs (a) through (c) of this 21 subsection. 22 (44) 'Master' in relation to any fishing vessel means 23 the person in charge or apparently in charge of that 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 12 of 122 vessel. 1 (45) 'Multilateral access agreement' means an access 2 agreement between a foreign party and one or more 3 regional parties, to which the Federated States of 4 Micronesia is a party. 5 (46) 'Officer' means any authorized officer or national 6 police officer, and includes any officer of a vessel or 7 aircraft used for the enforcement of this act, whether 8 or not such officers are officials of the Government of 9 the Federated States of Micronesia or of one of the four 10 State governments. 11 (47) 'Operator' means any person who is in charge of or 12 directs or controls a fishing vessel, or for whose 13 direct economic or financial benefit a vessel is being 14 used, including the master, owner, and charterer. 15 (48) 'Owner' in relation to a fishing vessel means any 16 person exercising or discharging or claiming the right 17 or accepting the obligation to exercise or discharge any 18 of the powers or duties of an owner, whether on his own 19 behalf or on behalf of another, and includes a person 20 who owns the vessel jointly with any other person or 21 persons and any manager, director or secretary of any 22 corporate body or company that holds an ownership 23 interest in the vessel. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 13 of 122 (49) 'Permit' means any permit issued under this 1 subtitle or under an access agreement entered into 2 pursuant to this subtitle. 3 (50) 'Person' means any natural person or business 4 enterprise and includes, but is not limited to, a 5 corporation, partnership, cooperative, association, the 6 government of any of the four States, or any political 7 subdivision thereof, and any foreign government, 8 subdivision of such government or other entity. 9 (51) 'Port sampler' means a category of authorized 10 observer who performs duties at a point of transshipment 11 or port located either inside or outside the Federated 12 States of Micronesia. 13 (52) 'Recreational fishing' means fishing for sport or 14 leisure. 15 (53) 'Region' means that area of land and ocean which 16 falls within the sovereignty and sovereign rights of the 17 member countries of the South Pacific Forum Fisheries 18 Agency, whose headquarters are located in Honiara, 19 Solomon Islands, and includes high seas within such 20 area, and for the purposes of data collection, includes 21 that area of the Western and Central Pacific Ocean which 22 falls within the jurisdiction and sovereign rights of 23 the member countries of the Secretariat of the Pacific 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 14 of 122 Community located in Noumea, New Caledonia, and 1 'regional' shall have a corresponding meaning. 2 (54) 'Regional access license' means a regional access 3 license issued to any fishing vessel of a party to a 4 multilateral access agreement or fisheries management 5 agreement, in accordance with such agreement. 6 (55) 'Regulation' or 'Regulations' means any regulation 7 which may be promulgated by the Authority pursuant to 8 this act. 9 (56) 'Related activities' in relation to fishing means: 10 (a) transshipment; 11 (b) refueling or supplying fishing vessels, 12 selling or supplying fishing equipment, or performing 13 either activity in support of fishing; and 14 (c) on-shore storing, buying or processing fish 15 or fish products from the time they are first landed. 16 (57) 'Secretary' means the Secretary of the Department 17 of Justice. 18 (58) 'Sell' includes the exchange of any fish or fish 19 product or other thing for cash or for anything which 20 has value or which can be exchanged for cash, and 21 includes any exchange by barter. 22 (59) 'Stock of fish' means a species, subspecies or 23 other category of fish identified on the basis of 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 15 of 122 geographical, scientific, technical, recreational and 1 economic characteristics which can be treated as a unit 2 for purposes of conservation and management. 3 (60) 'Subsistence fishing' means fishing by a citizen 4 or a resident substantially for personal consumption, 5 and does not include any fishing resulting or intending 6 or appearing to result, directly or indirectly, in the 7 sale or trading of any fish which may be taken during 8 the fishing operations. 9 (61) 'Transponder' or 'automatic location communicator' 10 means a device placed on a fishing vessel that 11 transmits, either in conjunction with another device or 12 devices or independently, information concerning the 13 position, fishing and other activities of the vessel. 14 (62) 'Transshipment' means the transfer of any or all 15 fish or fish products to or from any vessel or aircraft 16 for the purposes of transporting such fish or fish 17 products elsewhere. 18 (63) 'United Nations Agreement' means the agreement for 19 the implementation of the provisions of the United 20 Nations Convention on the Law of the Sea of 10 December 21 1992 relating to the conservation and management of 22 straddling fish stocks and highly migratory fish stocks. 23 (64) 'United Nations Convention' means the United 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 16 of 122 Nations Convention on the Law of the Sea, 1982. 1 (65) 'Vehicle' means any car, truck, van, bus, trailer 2 or other powered land conveyance. 3 (66) 'Vessel' means any boat, ship, canoe or other 4 water-going craft." 5 Section 5. Title 24 of the Code of the Federated States of 6 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 7 11-57 and 12-14, is hereby further amended by enacting a new 8 section 103 of chapter 1 to read as follows: 9 "Section 103. Fishing permits required - commercial. 10 No domestic fishing, commercial pilot fishing, foreign 11 fishing or such other fishing or related activity as may 12 be prescribed shall be allowed in the exclusive economic 13 zone unless it is in accordance with: 14 (1) a valid and applicable permit issued under 15 authority conferred by this subtitle; or 16 (2) a valid and applicable license issued by an 17 administrator pursuant to a multilateral access 18 agreement entered into pursuant to section 106 of 19 chapter 1 of this subtitle." 20 Section 6. Title 24 of the Code of the Federated States of 21 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 22 11-57 and 12-14, is hereby further amended by enacting a new 23 section 104 of chapter 1 to read as follows: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 17 of 122 "Section 104. Fishing permits required - non-1 commercial. No marine scientific research, training or 2 foreign recreational fishing shall be allowed in the 3 exclusive economic zone unless it is in accordance with 4 a valid and applicable permit issued by the Authority on 5 such terms and conditions as it shall require." 6 Section 7. Title 24 of the Code of the Federated States of 7 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 8 11-57 and 12-14, is hereby further amended by enacting a new 9 section 105 of chapter 1 to read as follows: 10 "Section 105. Access agreements required. 11 (1) No foreign fishing vessel shall be issued a permit 12 to fish in the exclusive economic zone unless an 13 applicable access agreement is in force. 14 (2) The Authority is authorized to negotiate and enter 15 into access agreements on behalf of the Government of 16 the Federated States of Micronesia pursuant to chapter 2 17 and in accordance with chapter 4 of this subtitle." 18 Section 8. Title 24 of the Code of the Federated States of 19 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 20 11-57 and 12-14, is hereby further amended by enacting a new 21 section 106 of chapter 1 to read as follows: 22 "Section 106. Fisheries management agreements; 23 multilateral access agreements. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 18 of 122 (1) Notwithstanding any other provision of this 1 subtitle, the Authority is authorized to enter into 2 fisheries management agreements for cooperation in or 3 coordination of fisheries management measures in all or 4 part of the region or for the implementation of a 5 multilateral access agreement. Such agreements may, 6 among other things, at the Authority's discretion, 7 include provisions for the following: 8 (a) authorization of a person, body or 9 organization to perform functions required by a 10 multilateral access agreement, including, but not 11 limited to, the allocation, issuance and denial of 12 fishing licenses valid in the region or part thereof, 13 including the exclusive economic zone; 14 (b) an observer program; 15 (c) a port sampling program; 16 (d) fisheries monitoring and control; and 17 (e) any other matter relating to fisheries 18 management. 19 (2) For the purpose of giving effect to a multilateral 20 access agreement or fisheries management agreement, the 21 Authority may, in writing: 22 (a) exempt any foreign fishing vessel, holding a 23 valid fishing license issued pursuant to a multilateral 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 19 of 122 access agreement, from any requirement of this subtitle 1 which is inconsistent with the terms of such agreement; 2 (b) implement the establishment of closed areas, 3 closed seasons and such other management measures as may 4 be agreed upon pursuant to a fisheries management 5 agreement; 6 (c) authorize observers designated under an 7 observer program entered into pursuant to subsection 8 (1)(b) of this section to perform such duties and 9 responsibilities as may be required by such agreement; 10 (d) prescribe or otherwise require the conditions 11 to be observed by operators of foreign fishing vessels 12 exempted under paragraph (a) of this subsection; 13 (e) prescribe or otherwise require the conditions 14 to be observed by flag vessels and citizens for fishing 15 outside the exclusive economic zone, in accordance with 16 any access agreement or fisheries management agreement 17 to which the Federated States of Micronesia may be 18 party." 19 Section 9. Title 24 of the Code of the Federated States of 20 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 21 11-57 and 12-14, is hereby further amended by enacting a new 22 section 107 of chapter 1 to read as follows: 23 "Section 107. Application for permit – contents. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 20 of 122 (1) Each person entitled to apply for a permit under 1 this subtitle shall make application on such forms as 2 may be required by the Authority specifying, at a 3 minimum: 4 (a) the name, call sign, country of registration, 5 country of registration number, regional register 6 number, name and address of the operator, name of the 7 vessel master and bank reference number; 8 (b) the tonnage, capacity, gear type, processing 9 equipment and such other pertinent information with 10 respect to the characteristics of each vessel as the 11 Authority may require; and 12 (c) if applicable, the access agreement under 13 which such permit is sought. 14 (2) The Authority may require such additional 15 information for permit applications as may be necessary 16 to implement and enforce the provisions of this 17 subtitle." 18 Section 10. Title 24 of the Code of the Federated States of 19 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 20 11-57 and 12-14, is hereby further amended by enacting a new 21 section 108 of chapter 1 to read as follows: 22 "Section 108. Application for permit - review. The 23 Executive Director, or his designee, shall review each 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 21 of 122 application submitted pursuant to section 107 of this 1 subtitle, and may, at his discretion, solicit views from 2 appropriate persons in the States and hold public 3 hearings when and where necessary." 4 Section 11. Title 24 of the Code of the Federated States of 5 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 6 11-57 and 12-14, is hereby further amended by enacting a new 7 section 109 of chapter 1 to read as follows: 8 "Section 109. Application for permit - issuance and 9 denial. 10 (1) The Executive Director shall notify the applicant 11 of the decision to issue or deny a permit, or of the 12 need for more information, within a reasonable time of 13 the date of receipt of the completed application. 14 (2) The Executive Director may approve the application 15 on such terms and conditions and with such restrictions 16 as he deems appropriate. 17 (3) A permit, or its renewal, may be denied where: 18 (a) the application is not in accordance with the 19 requirements of this subtitle; 20 (b) the Executive Director is satisfied that 21 information required to be given or reported under this 22 subtitle is false, incomplete or misleading; 23 (c) the owner or charterer is the subject of 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 22 of 122 proceedings under the bankruptcy laws of any 1 jurisdiction or on reasonable grounds appears unable to 2 meet any financial obligations which could arise from 3 fishing activities and reasonable financial assurances 4 sought by the Authority have not been provided; 5 (d) the fishing vessel does not meet required 6 safety standards; 7 (e) the fishing vessel does not bear the required 8 markings; 9 (f) an operator of the vessel has contravened or 10 has committed an offense against the laws of the 11 Federated States of Micronesia, or the vessel has been 12 used for contravention of an access agreement; or 13 (g) the Executive Director determines that the 14 issuance of a permit would not be in the best interests 15 of the Federated States of Micronesia. 16 (4) A permit shall be denied where: 17 (a) the application is made in respect of a 18 foreign fishing vessel that does not have good standing 19 on the Regional Register of Foreign Fishing Vessels 20 maintained by the South Pacific Forum Fisheries Agency; 21 (b) the operator of the vessel with respect to 22 which application for a permit has been made has failed 23 to satisfy a judgment or other final determination or 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 23 of 122 breach of this subtitle or an access agreement or 1 fisheries management agreement entered into pursuant to 2 this subtitle, until such time as the judgment or other 3 determination is satisfied; provided that a subsequent 4 change in ownership of a vessel shall not affect the 5 application of this provision; 6 (c) the Executive Director determines it would be 7 inconsistent with management measures implemented in 8 accordance with this subtitle; 9 (d) the required fees, royalties or other forms 10 of compensation have not been paid in accordance with 11 this subtitle and an applicable access agreement; or 12 (e) the Executive Director determines that 13 insurance requirements of this subtitle and the 14 applicable access agreement are not fulfilled. 15 (5) If the Executive Director denies an application 16 submitted by an applicant, the Authority shall notify 17 such applicant of the denial and the reasons therefor. 18 The applicant may then submit a revised application 19 taking into consideration the reasons for disapproval. 20 The decision of the Executive Director to deny a revised 21 permit application is appealable only to the members of 22 the Authority acting as a whole, whose decision shall be 23 final and binding." 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 24 of 122 Section 12. Title 24 of the Code of the Federated States of 1 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 2 11-57 and 12-14, is hereby further amended by enacting a new 3 section 110 of chapter 1 to read as follows: 4 "Section 110. Permits – scope. 5 (1) A permit issued or renewed under this subtitle 6 shall only be valid for the species of fish, the type of 7 fishing gear or method of fishing, or such other 8 activity in accordance with this subtitle, as may be 9 specified in the permit. 10 (2) No permit shall authorize: 11 (a) fishing by foreign fishing vessels on, over 12 or within one nautical mile of the edge of a coral reef 13 that is wholly submerged at mean high tide within the 14 exclusive economic zone; 15 (b) fishing by foreign fishing vessels within a 16 two nautical mile radius of any fish aggregating device 17 of the Government, a citizen or any other body 18 established under the laws of the Federated States of 19 Micronesia; 20 (c) fishing using a drift net or other 21 substantially similar method of catching fish; 22 (d) drift net fishing activities, including the 23 transporting, transshipping and processing of any 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 25 of 122 driftnet catch, and the provisioning of food, fuel and 1 other supplies for vessels used or outfitted for drift 2 net fishing. 3 (3) A permit issued to a vessel may authorize fishing 4 on, over or within one nautical mile of the edge of a 5 coral reef that is wholly submerged at mean high tide 6 within the exclusive economic zone, only if: 7 (a) the applicant's permit application provides 8 adequate support for marine scientific research or 9 commercial pilot fishing in such area; and 10 (i) with respect to commercial pilot 11 fishing, the Authority has determined that commercial 12 pilot fishing at the levels proposed in the permit 13 application will not damage the sustainability of the 14 fishery resources; or 15 (ii) with respect to marine scientific 16 research, the Authority has determined that the research 17 methodology proposed in the permit application will not 18 damage the sustainability of the fishery resources; or 19 (b) the Authority has determined that such 20 fishing is commercially viable and sustainable; and 21 (c) the Executive Director has submitted a copy 22 of the application to the Governor of the FSM State 23 whose customary inhabitants have been traditionally 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 26 of 122 ascribed the authority to control the fishing over such 1 reef; and 2 (d) within seventy-five (75) days of the Governor 3 of the concerned FSM State having received such 4 submission, the Governor of the concerned FSM State, on 5 behalf of either the State government or the State's 6 customary or traditional leadership, has communicated in 7 writing to the Executive Director its consent to the 8 issuance of the permit with respect to the reef or reefs 9 traditionally ascribed to its customary inhabitants." 10 Section 13. Title 24 of the Code of the Federated States of 11 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 12 11-57 and 12-14, is hereby further amended by enacting a new 13 section 111 of chapter 1 to read as follows: 14 "Section 111. Permits - suspension, revocation or 15 imposition of conditions or restrictions. If any 16 fishing vessel for which a permit has been issued 17 pursuant to section 109 of this subtitle has been used 18 in the commission of any act prohibited by this 19 subtitle, other applicable law, an applicable access 20 agreement, or any permit issued in accordance with this 21 subtitle, or if any fee or civil penalty, criminal fine 22 or other determination imposed under this subtitle has 23 not been paid within thirty (30) days of the due date, 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 27 of 122 the Executive Director shall: 1 (1) revoke such permit with or without prejudice to 2 the right of any party involved to be issued a permit 3 for such vessel in any subsequent licensing period; 4 (2) suspend such permit for a period of time he may 5 deem appropriate; or 6 (3) impose additional conditions or restrictions on 7 any such permit." 8 Section 14. Title 24 of the Code of the Federated States of 9 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 10 11-57 and 12-14, is hereby further amended by enacting a new 11 section 112 of chapter 1 to read as follows: 12 "Section 112. Permits - period of validity. 13 (1) Subject to subsection (2) of this section, every 14 permit issued or renewed under this subtitle shall, 15 unless earlier canceled or suspended in accordance with 16 this subtitle, be valid for a period of one year, or 17 such lesser period as may be specified, and shall not 18 extend beyond the period of validity of an applicable 19 charter agreement or access agreement. 20 (2) Where a fishing vessel which is issued a permit as 21 a local fishing vessel subsequently becomes a foreign 22 fishing vessel, the permit issued to that vessel as a 23 local fishing vessel shall automatically terminate." 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 28 of 122 Section 15. Title 24 of the Code of the Federated States of 1 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 2 11-57 and 12-14, is hereby further amended by enacting a new 3 section 113 of chapter 1 to read as follows: 4 "Section 113. Permits - fees and charges. 5 (1) No permit shall be issued without payment of a 6 fee, royalty or other form of compensation. 7 (2) The Authority shall determine the fees, royalties 8 or other forms of compensation for permits, and other 9 charges it may require in relation to fishing or related 10 activities, including fees and charges related to 11 authorized observers and authorized observer placements. 12 (3) In determining the fees for marine scientific 13 research, the Authority shall take into account a 14 research plan submitted by the applicant, and the long 15 term value of such research to the management and 16 development of any fishery in the exclusive economic 17 zone. 18 (4) No permit shall be issued pursuant to this 19 subtitle until the requisite fees, royalties, charges 20 and other forms of compensation have been paid in 21 accordance with this subtitle and in accordance with the 22 terms of any applicable access agreement." 23 Section 16. Title 24 of the Code of the Federated States of 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 29 of 122 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 1 11-57 and 12-14, is hereby further amended by enacting a new 2 section 114 of chapter 1 to read as follows: 3 "Section 114. Division of fees received as goods and 4 services. If the Authority determines that fees may be 5 payable through the provision to the FSM of goods and 6 services, the Authority shall submit a proposed division 7 of such goods and services to the Congress of the 8 Federated States of Micronesia for its approval by 9 resolution while in session, and by the Committee on 10 Ways and Means of the Congress of the Federated States 11 of Micronesia between sessions. If the Congress does 12 not act on a division of such goods and services within 13 sixty (60) days of the submission of a proposed division 14 of such fees by the Authority, the proposed division 15 shall be deemed approved." 16 Section 17. Title 24 of the Code of the Federated States of 17 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 18 11-57 and 12-14, is hereby further amended by enacting a new 19 section 115 of chapter 1 to read as follows: 20 "Section 115. Vessel record keeping and reporting 21 requirements. 22 (1) The operator of each domestic and foreign fishing 23 vessel issued a permit or which is permitted to fish 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 30 of 122 pursuant to an access agreement referred to in section 1 105 and chapter 4 of this subtitle shall: 2 (a) at all times while the vessel is in the 3 exclusive economic zone, cause to be maintained in the 4 English language, in ink, a fishing log in a form 5 supplied or approved by the Authority, and shall enter 6 the following information relating to the activities of 7 the vessel on a daily basis: 8 (i) the gear type used; 9 (ii) the noon position of the vessel and, 10 where applicable, the set position and time or the 11 number of hooks and sea surface temperature; 12 (iii) the species of fish taken and the size 13 and quantity of each species by weight or number as may 14 be specified in the form; 15 (iv) the species of fish returned from the 16 vessel to the sea, the reason for discard, the quantity 17 of each species by weight or number as may be specified 18 in the form; and 19 (v) such other information as the Authority 20 may require or prescribe by regulation, or as may be 21 required by an applicable access agreement or fisheries 22 management agreement; 23 (b) report information relating to the position 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 31 of 122 of, and catch on board, the vessel at the following 1 times, in a format approved or supplied by the 2 Authority, by telex, facsimile or by other such means as 3 may be approved by the Authority by regulation: 4 (i) at least twenty-four (24) hours prior to 5 the estimated time of entry into and departure from the 6 exclusive economic zone; 7 (ii) each Wednesday while in the exclusive 8 economic zone; 9 (iii) at least twenty-four (24) hours prior to 10 the estimated time of entry into or departure from port; 11 and 12 (iv) upon entry and departure from a closed 13 area; 14 (c) provide such daily information relating to 15 high seas fishing during the course of a fishing trip 16 involving fishing in the exclusive economic zone as, and 17 in the form, the Authority may require pursuant to any 18 fisheries management agreement and to give effect to the 19 duty in international law to cooperate in the 20 conservation and management of highly migratory fish 21 stocks; and 22 (d) certify that information provided pursuant to 23 paragraphs (a) through (c) of subsection (1) of this 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 32 of 122 section is true, complete and accurate. 1 (2)The operator referred to in subsection (1) of this 2 section shall provide reports required under paragraphs 3 (a) and (c) of subsection (1) of this section and post 4 the requisite forms to the Authority by registered 5 airmail within fourteen (14) days following the date of 6 completion of the off-loading operation, or within seven 7 (7) days of the end of each calendar month's activities, 8 and within seven (7) days of entry of the vessel into 9 port at the completion of a trip lasting longer than 10 fourteen (14) days. 11 (3)The Authority may require, by written notice or 12 regulation, such other reports as may be necessary for 13 the conservation and management of marine resources, 14 including for related activities, and to implement or 15 enforce the provisions of this subtitle and any access 16 agreement or fisheries management agreement." 17 Section 18. Title 24 of the Code of the Federated States of 18 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 19 11-57 and 12-14, is hereby further amended by enacting a new 20 section 116 of chapter 1 to read as follows: 21 "Section 116. Information and documentation to be true, 22 complete and accurate. 23 (1) Every person shall promptly give any information 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 33 of 122 required under this subtitle, including records of any 1 kind and information requested by an authorized officer 2 or other officer or official carrying out duties under 3 this subtitle. 4 (2) Any information required under this subtitle shall 5 be true, complete and accurate, and the Executive 6 Director shall be notified immediately of any change in 7 circumstances which has the effect of rendering any such 8 information or documentation false, incomplete or 9 misleading. 10 (3) Any permit, registration or other document 11 required to be obtained under this subtitle shall be 12 obtained and held in its original, complete and accurate 13 form as required under this subtitle, and no such 14 document shall be altered after its issuance or used by 15 any person other than its legal holder. 16 (4) Any person who commits an act, or omits to act, in 17 violation of this section shall be liable for a civil 18 penalty of not less than $15,000 and not more than 19 $50,000." 20 Section 19. Title 24 of the Code of the Federated States of 21 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 22 11-57 and 12-14, is hereby further amended by enacting a new 23 section 117 of chapter 1 to read as follows: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 34 of 122 "Section 117. Permits - related activities. 1 (1) The Authority may, by regulation, require permits 2 for, or otherwise regulate, related activities which 3 take place in the exclusive economic zone and, with 4 respect to related activities by foreign fishing vessels 5 which occur in the territorial sea or internal waters, 6 these may be authorized in writing, by an FSM State(s) 7 by issuance of the relevant permits or other applicable 8 authorizations. 9 (2) For purposes of this subtitle, 'related 10 activities' shall have the meaning set forth in section 11 102 of chapter 1 of this subtitle. 12 (3) No related activities are permitted in the 13 exclusive economic zone unless any such activity is in 14 accordance with this subtitle, and such conditions as 15 may be required in writing by the Authority or 16 prescribed by regulation." 17 Section 20. Title 24 of the Code of the Federated States of 18 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 19 11-57 and 12-14, is hereby further amended by enacting a new 20 section 118 of chapter 1 to read as follows: 21 "Section 118. Authority may issue State permits. Upon 22 delegation by an FSM State of its authority to issue any 23 permit or permits for fishing in the territorial sea or 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 35 of 122 internal waters, the Authority may issue such permit or 1 permits and collect fees for fishing in such waters, and 2 shall transfer any such fees collected to that State." 3 Section 21. Title 24 of the Code of the Federated States of 4 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 5 11-57 and 12-14, is hereby further amended by enacting a new 6 section 119 of chapter 1 to read as follows: 7 "Section 119. Application of other laws. No permit 8 issued under this subtitle shall relieve any fishing 9 vessel or its operator or crew of any obligation or 10 requirement imposed by other laws, including those 11 concerning navigation, customs, immigration or health, 12 unless so indicated in those laws." 13 Section 22. Title 24 of the Code of the Federated States of 14 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 15 11-57 and 12-14, is hereby further amended by enacting a new 16 section 120 of chapter 1 to read as follows: 17 "Section 120. Application of laws of foreign states. 18 (1) It shall be unlawful for any person to import, 19 export, transport, sell, receive, acquire or purchase 20 any fish or fish product taken, possessed, transported 21 or sold in violation of any law or regulation of a 22 foreign state upon implementation, on a reciprocal 23 basis, of a fisheries management agreement between the 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 36 of 122 Government of the Federated States of Micronesia and 1 such other foreign state or states, in which such 2 activities are agreed to be unlawful. 3 (2) The Authority shall implement fisheries management 4 agreements described in subsection (1) of this section 5 by regulation, and may require, among other things, 6 record keeping and reporting for each day of fishing 7 activity, whether or not fishing takes place in the 8 fishery waters." 9 Section 23. Title 24 of the Code of the Federated States of 10 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 11 11-57 and 12-14, is hereby further amended by enacting a new 12 section 121 of chapter 1 to read as follows: 13 "Section 121. Severability. If any provision of this 14 subtitle or amendments or additions thereto, or the 15 application thereof to any person, thing or circumstance 16 is held invalid, the invalidity does not affect the 17 provisions, application, amendments or additions that 18 can be given effect without the invalid provisions or 19 application, and to this end the provisions of this 20 subtitle and the amendments or additions thereto are 21 severable." 22 Section 24. Title 24 of the Code of the Federated States of 23 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 37 of 122 11-57 and 12-14, is hereby further amended by enacting a new 1 section 122 of chapter 1 to read as follows: 2 "Section 122. Gender references. Whenever any 3 provision of this subtitle refers to the masculine 4 gender, using the pronoun 'he' or the possessive term 5 'his', such references shall include the feminine 6 pronoun and possessive terms 'she' and 'her'." 7 Section 25. Title 24 of the Code of the Federated States of 8 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 9 11-57 and 12-14, is hereby further amended by enacting a new 10 chapter 2 entitled "Management Authority" of new subtitle I 11 entitled "Marine Resources Act of 2002". 12 Section 26. Title 24 of the Code of the Federated States of 13 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 14 11-57 and 12-14, is hereby further amended by enacting a new 15 section 201 of chapter 2 to read as follows: 16 "Section 201. National Oceanic Resource Management 17 Authority - established. 18 (1) There is hereby established a National Oceanic 19 Resource Management Authority ('Authority') composed of 20 five members, each discharging a national duty and 21 charged with responsibility for overseeing the FSM 22 exclusive economic zone, and appointed as follows: 23 (a) one member from each FSM State appointed by 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 38 of 122 the President of the Federated States of Micronesia, in 1 consultation with the Governor and with the advice and 2 consent of the Congress; and 3 (b) one at-large member appointed by the 4 President of the Federated States of Micronesia with the 5 advice and consent of the Congress. 6 (2) No member shall also serve as a member of the 7 Board of Directors of the National Fisheries Corporation 8 of the Federated States of Micronesia or any subsidiary 9 or affiliate thereof or serve as executive director or a 10 member of any board or authority of any entity operating 11 in the states dealing with fishing in the Federated 12 States of Micronesia under an agreement or permit issued 13 pursuant to this subtitle during the term of his 14 membership on the Authority. 15 (3) The Authority shall choose a chairman by a 16 majority vote of the members of the Authority. 17 (4) The Authority shall meet at such time and place as 18 may be designated by the Chairman or by vote of the 19 members pursuant to any method set out in the Authority 20 bylaws. 21 (5) The Authority shall adopt its own bylaws governing 22 the conduct of its business and performance of the 23 powers and duties granted to or imposed upon it by law. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 39 of 122 (6) A quorum of the Authority shall consist of a 1 majority of all voting members. All official business 2 of the Authority shall be conducted by a majority of 3 those members present and voting at a meeting of the 4 Authority for which a quorum exists, unless otherwise 5 provided by law or the bylaws of the Authority." 6 Section 27. Title 24 of the Code of the Federated States of 7 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 8 11-57 and 12-14, is hereby further amended by enacting a new 9 section 202 of chapter 2 to read as follows: 10 "Section 202. Authority – term of office of members; 11 vacancies. 12 (1) All appointments of Authority members shall be for 13 a term of two years. The term of office of each member 14 shall commence either upon the granting of advice and 15 consent to a member's appointment by the Congress of the 16 FSM under this act's predecessor legislation, or, for 17 any vacancies existing upon the effective date of this 18 act or thereafter, upon the granting of advice and 19 consent of the Congress to the appointment of a member 20 to fill a vacancy. The rights and powers of a member, 21 other than a member whose appointment is terminated or 22 vacated pursuant to subsection (3) below, shall remain 23 in effect until the date of the first meeting of the 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 40 of 122 Authority following the effective date of the term of 1 office of that member's successor. 2 (2) The Executive Director shall notify the President 3 of the Federated States of Micronesia in writing of an 4 impending vacancy on the Authority not less than ninety 5 (90) days prior to the expiration of the term of a 6 member and immediately upon receipt of a member's notice 7 of intent to resign or resignation. 8 (3) Notwithstanding any other provision of this 9 subtitle, an appointment to the Authority shall be 10 declared vacant or terminated by the President of the 11 Federated States of Micronesia in the event of any of 12 the following: 13 (a) submission of a written resignation, signed 14 by the member and delivered to the President of the 15 Federated States of Micronesia; 16 (b) the death or other incapacity of a member; 17 (c) absence of a member, except with the written 18 consent of the President of the Federated States of 19 Micronesia or of the chairman, from three consecutive 20 meetings of the members; 21 (d) failure of a member to comply with the 22 provisions in sections 208 or 209 of this subtitle; 23 (e) bankruptcy of a member, application by a 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 41 of 122 member to take advantage of benefits available by law to 1 bankrupt or insolvent debtors, assignment by a member of 2 his remuneration for the benefit of his creditors, or a 3 member's entry into an agreement with creditors not to 4 take legal action against him; or 5 (f) conviction of a member of an offense under 6 this subtitle or of an offense under any other law 7 punishable by a term of imprisonment for one year or 8 longer. 9 (4) Vacancies occurring pursuant to subsection (3) 10 above, or for any other reason prior to the expiration 11 of a member's term, shall be filled in the same manner 12 as vacancies arising from the expiration of a member's 13 term, provided that such appointments shall only be 14 effective for the remainder of the unexpired term of the 15 departing member." 16 Section 28. Title 24 of the Code of the Federated States of 17 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 18 11-57 and 12-14, is hereby further amended by enacting a new 19 section 203 of chapter 2 to read as follows: 20 "Section 203. Compensation of members. 21 (1) Members of the Authority who are not employees or 22 officials of the Government of the Federated States of 23 Micronesia or of any FSM State government shall be 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 42 of 122 compensated at such rate as may be set in the rules of 1 the Authority when in fact performing the official 2 business of the Authority. 3 (2) All members of the Authority, including members 4 who are employees or officials of the Government of the 5 Federated States of Micronesia or of any FSM State 6 government, shall receive per diem and travel expenses 7 at established Federated States of Micronesia rates 8 while on the business of the Authority." 9 Section 29. Title 24 of the Code of the Federated States of 10 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 11 11-57 and 12-14, is hereby further amended by enacting a new 12 section 204 of chapter 2 to read as follows: 13 "Section 204. Authority – adoption of regulations. 14 (1) The Authority shall have the authority to: 15 (a) adopt regulations for the management, 16 development and sustainable use of fisheries resources 17 in the exclusive economic zone; 18 (b) adopt regulations applicable to related 19 activities as defined in section 102 of this subtitle; 20 (c) adopt regulations in relation to fisheries 21 monitoring and control; 22 (d) adopt regulations to implement access 23 agreements and fisheries management agreements; 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 43 of 122 (e) adopt regulations relating to the 1 confidentiality of information consistent with section 2 208 of this subtitle; 3 (f) adopt regulations for the issuance of 4 citations and assessment of administrative penalties 5 consistent with chapter 7 of this subtitle; 6 (g) adopt regulations relating to compliance by 7 citizens and fishing vessels of the Federated States of 8 Micronesia which engage in fishing outside the internal 9 waters, the territorial sea or exclusive economic zone 10 of the Federated States of Micronesia with applicable 11 laws of foreign states and with applicable access 12 agreements or fisheries management agreements; 13 (h) adopt regulations relating to marine 14 scientific research and training; 15 (i) adopt regulations relating to observer 16 programs and port sampling programs; and 17 (j) adopt any other regulations deemed necessary 18 for the implementation of this subtitle. 19 (2) Regulations adopted by the Authority shall have 20 the full force and effect of law, and shall be 21 considered an integral part of this subtitle." 22 Section 30. Title 24 of the Code of the Federated States of 23 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 44 of 122 11-57 and 12-14, is hereby further amended by enacting a new 1 section 205 of chapter 2 to read as follows: 2 "Section 205. Authority - duties and functions. In 3 addition to the regulatory authority granted in the 4 preceding section, the Authority shall have the 5 following duties and functions: 6 (1) to provide technical assistance in the 7 delimitation of the exclusive economic zone in 8 accordance with section 107 of title 18 of the Code of 9 the Federated States of Micronesia; 10 (2) to negotiate, conclude and implement access 11 agreements and fisheries management agreements in 12 accordance with sections 105 and 106 of chapter 1 of 13 this subtitle and chapters 4 and 5 of this subtitle; 14 (3) to issue fishing permits in accordance with this 15 subtitle; 16 (4) to issue permits for fishing in the territorial 17 sea or internal waters of an FSM State as authorized 18 pursuant to section 118 of chapter 1 of this subtitle; 19 (5) to regulate related activities in accordance with 20 this subtitle; 21 (6) to coordinate and implement fisheries monitoring 22 and control as required under this subtitle and under 23 international treaties to which the Federated States of 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 45 of 122 Micronesia is a party; 1 (7) to cooperate as appropriate with other nations or 2 territories in the region and with foreign states 3 fishing in the region and adjacent high seas area for 4 the conservation and management of highly migratory fish 5 stocks; 6 (8) to cooperate in and coordinate as appropriate with 7 each FSM State on fisheries management measures in the 8 exclusive economic zone and territorial sea; 9 (9) to convene and chair a Fisheries Management and 10 Surveillance Working Group as set forth in section 207 11 of this chapter; 12 (10) to employ a full-time Executive Director and such 13 other staff as it may deem necessary; 14 (11) to submit the Authority's budget and report 15 regarding the expenditure of its funds to the Congress 16 each regular session for review; 17 (12) to contribute to the planning of programs relating 18 to fisheries, or fishing in the exclusive economic zone, 19 in which an FSM State government or the Government of 20 the Federated States of Micronesia, or any agency or 21 subdivision thereof, has a proprietary interest, direct 22 or indirect, by way of stock ownership, partnership, 23 joint venture or otherwise; and 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 46 of 122 (13) to perform such other duties and functions as may 1 be necessary to carry out the purpose of this subtitle." 2 Section 31. Title 24 of the Code of the Federated States of 3 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 4 11-57 and 12-14, is hereby further amended by enacting a new 5 section 206 of chapter 2 to read as follows: 6 "Section 206. Executive Director. The Authority shall 7 employ a full-time Executive Director possessing such 8 qualifications as may be established by the Authority. 9 The Executive Director shall receive a remuneration for 10 his services, the amount of which shall be fixed by the 11 Authority in accordance with the pertinent provisions of 12 the current annual budget of the Government of the 13 Federated States of Micronesia. The Executive Director 14 shall serve at the pleasure of the Authority and shall 15 be exempt from the provisions of the National Public 16 Service System Act, section 111 et seq. of title 52 of 17 the Code of the Federated States of Micronesia." 18 Section 32. Title 24 of the Code of the Federated States of 19 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 20 11-57 and 12-14, is hereby further amended by enacting a new 21 section 207 of chapter 2 to read as follows: 22 "Section 207. Fisheries Management and Surveillance 23 Working Group. The Authority shall establish a 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 47 of 122 Fisheries Management and Surveillance Working Group to 1 formulate and implement a national fisheries management 2 and surveillance strategy. The working group shall 3 consist of appropriate representatives of the Authority 4 and the Department of Justice. In addition, 5 representatives from other divisions and departments of 6 the National and State governments engaged in activities 7 related to surveillance may be invited to participate. 8 The recommendations of the working group regarding 9 surveillance planning and strategy shall be consistent 10 with the objectives and general principles of 11 conservation, management, and sustainable use of fishery 12 resources set forth in section 502 of this subtitle, and 13 with the provisions of any national tuna management plan 14 adopted pursuant to this subtitle." 15 Section 33. Title 24 of the Code of the Federated States of 16 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 17 11-57 and 12-14, is hereby further amended by enacting a new 18 section 208 of chapter 2 to read as follows: 19 "Section 208. Duty of confidentiality. 20 (1) Any person carrying out duties or responsibilities 21 of or on behalf of the Authority under this subtitle, 22 including any member, shall not, unless authorized in 23 accordance with this subtitle, reveal information or 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 48 of 122 other data of a confidential nature acquired by virtue 1 of his authority, duties or responsibilities to any 2 person not having such authority or carrying out such 3 duties and responsibilities. 4 (2) The Executive Director may designate any 5 information as confidential, and in doing so may also 6 exempt general summaries of aggregated information from 7 confidentiality requirements. 8 (3) The Executive Director may authorize in writing 9 any person to: 10 (a) receive access to confidential information; 11 or 12 (b) grant access or restrict access to premises 13 holding confidential information as he may designate. 14 (4) Notwithstanding subsection (2) above, the 15 following information shall be confidential: 16 (a) any information or data of a commercial 17 nature provided in records, returns, or other documents 18 required under this subtitle; or 19 (b) any information or other data supplied by a 20 vessel monitoring system in accordance with this 21 subtitle. 22 (5) Subject to the provisions of subsection (4) above, 23 information may be disclosed to the extent: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 49 of 122 (a) that disclosure is authorized or required 1 under this subtitle or any other law; 2 (b) that the person providing the information 3 authorized its disclosure; 4 (c) necessary to enable the Executive Director to 5 publish statistical information relating to the 6 fisheries sector; or 7 (d) necessary to enable advice to be given to the 8 President of the Federated States of Micronesia. 9 (6) The Executive Director may authorize the release 10 of any information: 11 (a) supplied by a vessel monitoring system 12 relating to the position of any vessel, upon request, to 13 the responsible authority for purposes including 14 surveillance, search and rescue and other emergency; 15 (b) designated as confidential for purposes he 16 deems, after consultation with the Department of Justice, 17 would be supportive of the objectives and enforcement of 18 this subtitle by the government in any legal or 19 administrative proceeding; 20 (c) for such purposes as may be prescribed by law 21 or regulation. 22 (7) Any information designated as confidential shall 23 maintain such classification for a period of three years 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 50 of 122 from the time of such designation, and at the expiration 1 of three years, the Executive Director may extend such 2 classification for a further period of up to three years 3 as he may deem necessary for purposes relating to the 4 objectives and enforcement of this subtitle. 5 (8) Any person who violates the requirements of this 6 section may have his appointment, employment or other 7 authority under this subtitle reviewed and terminated by 8 the appropriate authority." 9 Section 34. Title 24 of the Code of the Federated States of 10 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 11 11-57 and 12-14, is hereby further amended by enacting a new 12 section 209 of chapter 2 to read as follows: 13 "Section 209. Conflict of interest. 14 (1) Neither the Executive Director, nor any member or 15 employee of the Authority shall, in his capacity as 16 such, willingly participate in any matter in which he 17 knows or reasonably should know he has a conflict of 18 interest. 19 (2) A conflict of interest exists if the Executive 20 Director, member or employee could benefit directly or 21 indirectly from a decision on a matter over which he has 22 influence or control, or if a matter over which he has 23 influence or control relates in any way to: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 51 of 122 (a) a business or property he directly or 1 indirectly owns or controls; or 2 (b) a business or property owned or controlled, 3 directly or indirectly, by a family member of his; or 4 (c) a business or property in which he has a 5 beneficial interest of any kind, whether through a trust 6 or otherwise. 7 (3) In this section, the following terms shall have 8 the meanings stated below: 9 (a) 'Benefit' shall mean gain or advantage of any 10 kind, and shall include financial gain, property, 11 service, or improvement of condition. 12 (b) 'Business' shall mean businesses of any kind 13 whether situated in the Federated States of Micronesia 14 or elsewhere and whether incorporated or not. 15 (c) 'Family member' shall mean a parent, brother, 16 sister, spouse, nephew, niece or child, including a 17 person who is adopted legally or in accordance with 18 custom, or for whom care was given such that there 19 exists a relationship in the nature of parent and child. 20 The term shall also include a spouse of any person 21 referred to in this definition and their children. 22 (d) 'Interest' shall mean either direct ownership 23 of, indirect ownership of, shares in, financial benefit 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 52 of 122 from, or complete or partial control of, such property 1 or business. 2 (e) 'Property' shall mean real or personal 3 property of every description whether situated in the 4 Federated States of Micronesia or elsewhere. 5 (4) A person who violates the provisions of this 6 section commits an offense and upon conviction shall be 7 imprisoned for not more than five years, fined not more 8 than $10,000, or both." 9 Section 35. Title 24 of the Code of the Federated States of 10 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 11 11-57 and 12-14, is hereby further amended by enacting a new 12 section 210 of chapter 2 to read as follows: 13 "Section 210. Disclosure requirements. 14 (1) Before assuming a position as a member of the 15 Authority, Executive Director of the Authority, or 16 employee of the Authority, an individual shall make a 17 written disclosure to the Authority of: 18 (a) any financial interest he currently has or 19 intends to acquire in any organization, business or 20 governmental body engaged in any harvesting, processing, 21 marketing or regulatory activity related to fish that is 22 being, or will be undertaken within the Federated States 23 of Micronesia or its fishery waters; and 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 53 of 122 (b) any organization, business or governmental 1 body in which he serves as an officer, director, 2 partner, trustee or employee engaged in any harvesting, 3 processing, marketing or regulatory activity related to 4 fish that is being, or will be undertaken, within the 5 Federated States of Micronesia or its fishery waters. 6 (2) All disclosures required by this section shall be 7 updated whenever an event occurs that makes the current 8 disclosure incorrect. 9 (3) Current members of the Authority, officers and 10 employees shall make the disclosures required by this 11 section within sixty (60) days of the effective date of 12 this subtitle." 13 Section 36. Title 24 of the Code of the Federated States of 14 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 15 11-57 and 12-14, is hereby further amended by enacting a new 16 section 211 of chapter 2 to read as follows: 17 "Section 211. Annual report. The Chairman of the 18 Authority shall present a written report annually on its 19 activities to the President of the Federated States of 20 Micronesia, the Speaker of the Congress of the Federated 21 States of Micronesia, and each FSM State Governor by 22 December 1st of each year, which report shall contain a 23 detailed accounting of the expenditure of funds of the 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 54 of 122 Authority, the number of permits and licenses issued, 1 the fees, forfeitures and fines collected, estimates of 2 the effect of the current level of fishing on the stock 3 of fish in the exclusive economic zone, and such other 4 information regarding the implementation of this 5 subtitle in the preceding fiscal year as the Authority 6 may determine. All departments and offices of the FSM 7 National Government shall be provided copies of the 8 Authority's annual report." 9 Section 37. Title 24 of the Code of the Federated States of 10 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 11 11-57 and 12-14, is hereby further amended by enacting a new 12 chapter 3 entitled "Permits for Fishing on the High Seas or in an 13 Area Designated by a Fisheries Management Agreement by Flag 14 Vessels" of new subtitle I entitled "Marine Resources Act of 15 2002". 16 Section 38. Title 24 of the Code of the Federated States of 17 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 18 11-57 and 12-14, is hereby further amended by enacting a new 19 section 301 of chapter 3 to read as follows: 20 "Section 301. Permits for flag fishing vessels. The 21 Authority may require each flag fishing vessel to hold a 22 valid and applicable permit for the following 23 activities, under such terms and conditions as may be 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 55 of 122 prescribed by regulation or otherwise required by the 1 Authority: 2 (1) fishing on the high seas or in an area designated 3 by a fisheries management agreement; 4 (2) fishing within areas over which foreign nations 5 claim sovereignty or sovereign rights." 6 Section 39. Title 24 of the Code of the Federated States of 7 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 8 11-57 and 12-14, is hereby further amended by enacting a new 9 section 302 of chapter 3 to read as follows: 10 "Section 302. Registration fee for flag fishing 11 vessels. The Executive Director may issue a permit to 12 each flag fishing vessel in accordance with this 13 section, after: 14 (1) an application has been made in such form as may 15 be required by the Authority; and 16 (2) such registration fee as the Authority shall 17 require is paid." 18 Section 40. Title 24 of the Code of the Federated States of 19 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 20 11-57 and 12-14, is hereby further amended by enacting a new 21 section 303 of chapter 3 to read as follows: 22 "Section 303. Fishing by flag fishing vessels on the 23 high seas or in an area designated by a fisheries 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 56 of 122 management agreement - compliance. 1 (1) Flag fishing vessels and citizens fishing on the 2 high seas or in an area designated by a fisheries 3 management agreement shall: 4 (a) comply at all times with any applicable law 5 or agreement and the terms of any applicable permit, and 6 shall carry such permit on board at all times and 7 produce it on demand for inspection by an authorized 8 officer or investigating authority appointed pursuant to 9 a fisheries management agreement; and 10 (b) give information to an authorized officer or 11 investigating authority appointed pursuant to a 12 fisheries management agreement which may be required, 13 including vessel position, catches, fishing gear, 14 fishing operations and related activities in the area of 15 an alleged violation of such agreement. 16 (2) The Authority shall establish a national record of 17 fishing vessels authorized to fish on the high seas and 18 provide access to the information contained in that 19 record on request by directly interested foreign states, 20 taking into account any applicable laws of the Federated 21 States of Micronesia regarding the release of such 22 information. 23 (3) Flag fishing vessels and citizens are not 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 57 of 122 permitted to engage in drift net fishing activities. 1 (4) The Authority may take such further measures to 2 implement any fisheries management agreement in respect 3 to flag fishing vessels as may be necessary." 4 Section 41. Title 24 of the Code of the Federated States of 5 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 6 11-57 and 12-14, is hereby further amended by enacting a new 7 chapter 4 entitled "Access Agreements for Foreign Fishing and 8 Related Activities" of new subtitle I entitled "Marine Resources 9 Act of 2002". 10 Section 42. Title 24 of the Code of the Federated States of 11 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 12 11-57 and 12-14, is hereby further amended by enacting a new 13 section 401 of chapter 4 to read as follows: 14 "Section 401. (Reserved)" 15 Section 43. Title 24 of the Code of the Federated States of 16 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 17 11-57 and 12-14, is hereby further amended by enacting a new 18 section 402 of chapter 4 to read as follows: 19 "Section 402. Negotiation of access agreements. 20 The Authority shall negotiate and enter into access 21 agreements on behalf of the Government of the Federated 22 States of Micronesia in accordance with this subtitle. 23 Such agreements may, at the Authority's discretion: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 58 of 122 (1) establish fees to be collected for permits issued 1 under the access agreement; 2 (2) establish a minimum or maximum number of vessels 3 to be granted access under the agreement; and 4 (3) permit the rebate of access fees in accordance 5 with section 403(2) of this subtitle, as the Authority 6 deems appropriate at the end of the licensing period if 7 the operator of any applicable vessel participated 8 substantially in shore-based developments or otherwise 9 made a substantial contribution to the development of 10 the fishing industry of the Federated States of 11 Micronesia." 12 Section 44. Title 24 of the Code of the Federated States of 13 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 14 11-57 and 12-14, is hereby further amended by enacting a new 15 section 403 of chapter 4 to read as follows: 16 "Section 403. Fees for permits for foreign fishing 17 vessels. 18 (1) Fees and other forms of compensation for the right 19 to engage in fishing within the exclusive economic zone 20 by foreign fishing vessels shall be established in 21 access agreements entered into pursuant to this chapter. 22 (2) The Authority may accept all or a portion of the 23 fee paid under an access agreement pending rebate under 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 59 of 122 such conditions as the Authority may prescribe in 1 writing or by regulation, and when the Executive 2 Director is satisfied that all conditions have been met. 3 That portion of a fee that is subject to rebate shall be 4 held in a separate trust account maintained by the 5 Secretary of the Department of Finance and 6 Administration until rebated to the foreign fishing 7 vessel or paid into the General Fund of the Federated 8 States of Micronesia, or its successor, pursuant to the 9 terms of the agreement." 10 Section 45. Title 24 of the Code of the Federated States of 11 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 12 11-57 and 12-14, is hereby further amended by enacting a new 13 section 404 of chapter 4 to read as follows: 14 "Section 404. Access agreements - minimum terms. All 15 access agreements shall include the following minimum 16 terms: 17 (1) the foreign party recognizes the sovereign rights 18 and exclusive fishery management authority of the 19 Federated States of Micronesia within the exclusive 20 economic zone; 21 (2) the operator and each member of the crew shall 22 comply with the applicable access agreement, applicable 23 permit conditions, this subtitle, all regulations issued 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 60 of 122 pursuant to this subtitle and all other applicable laws 1 and regulations; 2 (3) the operator shall: 3 (a) accept the Authority's authorized observers; 4 (b) provide any authorized observer, while on 5 board the vessel, at no expense, with officer level 6 accommodations, food and medical facilities; 7 (c) meet the following costs of the authorized 8 observer: 9 (i) full travel costs to and from the 10 vessel; 11 (ii) salary; and 12 (iii) full insurance coverage; 13 (d) display any permit or permit number issued 14 for any such vessel, pursuant to this subtitle, or any 15 other documentation as required by the Authority to be 16 displayed, under any access agreement, in the wheelhouse 17 of such vessel; 18 (e) ensure that appropriate position-fixing and 19 identification equipment is installed and maintained in 20 working order on each vessel; 21 (f) ensure that the vessel is marked and 22 identified in accordance with the Food and Agricultural 23 Organization (FAO) approved Standard Specifications for 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 61 of 122 the Marking and Identification of Fishing Vessels; 1 (g) ensure the continuous monitoring of the 2 international distress and call frequency 2182 kHz (HF) 3 or the international safety and call frequency 156.8 MHz 4 (channel 16, VHF-FM) to facilitate communication with 5 the fisheries management, surveillance and enforcement 6 authorities; 7 (h) ensure that a recent and up-to-date copy of 8 the International Code of Signals (INTERCO) is on board 9 and accessible at all times; 10 (i) ensure that the vessel is seaworthy and 11 contains adequate life safety equipment and survival 12 gear for each passenger and member of the crew; 13 (j) ensure that, promptly upon direction by the 14 Authority, each vessel will have installed, maintained 15 and fully operational at all times on board a 16 transponder, in accordance with section 611 of chapter 6 17 of this subtitle, and shall be responsible for all 18 operational and maintenance costs of the transponder and 19 cooperate fully with the Authority in their utilization. 20 (4) the party to the access agreement shall, for the 21 duration of the access agreement: 22 (a) appoint and maintain a resident agent in the 23 Federated States of Micronesia that is approved by the 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 62 of 122 Authority, or establish and maintain a company registered 1 in accordance with the laws of the Federated States of 2 Micronesia, authorized to receive and respond to any 3 legal process issued in the Federated States of 4 Micronesia with respect to the owner or operator of the 5 vessel, and shall notify the Federated States of 6 Micronesia of the name and address of such agent or 7 company, and any communication, information, document, 8 direction, request or response to, or from that agent or 9 company, shall be deemed to have been sent to, or 10 received from such owner or operator; 11 (b) not exceed any allocation which may be 12 established in any given licensing period in accordance 13 with this subtitle; 14 (c) ensure compliance by each fishing vessel, its 15 operator and crew members, with the access agreement, 16 all laws of the Federated States of Micronesia and the 17 terms of the permit; and 18 (d) ensure compliance by each fishing vessel, its 19 operator and crew members, with subregional and regional 20 conservation and management measures for highly 21 migratory fish stocks." 22 Section 46. Title 24 of the Code of the Federated States of 23 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 63 of 122 11-57 and 12-14, is hereby further amended by enacting a new 1 section 405 of chapter 4 to read as follows: 2 "Section 405. Access agreements - effective date. 3 To take effect within the exclusive economic zone, an 4 access agreement involving ten or more vessels shall be 5 submitted to the Congress of the Federated States of 6 Micronesia for approval by resolution while in session, 7 and to the Committee on Resources and Development for 8 approval between sessions. If the Congress or the 9 Committee on Resources and Development does not approve 10 or reject an access agreement within sixty (60) days of 11 its submission by the Authority, the access agreement 12 shall be deemed approved." 13 Section 47. Title 24 of the Code of the Federated States of 14 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 15 11-57 and 12-14, is hereby further amended by enacting a new 16 section 406 of chapter 4 to read as follows: 17 "Section 406. Access agreements - term of validity; 18 termination; suspension. 19 (1) The term of validity of an access agreement shall 20 not exceed ten (10) years, and may be renewable with the 21 approval of the Authority according to the following 22 criteria, taking into account performance of the other 23 party during the previous term: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 64 of 122 (a) likely compliance with the access agreement 1 and this subtitle; and 2 (b) potential economic benefits for the Federated 3 States of Micronesia. 4 (2) Any access agreement whose validity exceeds one 5 year shall include a provision for annual review by the 6 Authority. 7 (3) Any access agreement may be terminated by the 8 Authority, according to its terms or upon substantial 9 non-compliance by the other party with any requirement 10 of the access agreement or this subtitle. 11 (4) Fishing under any access agreement may be 12 suspended by the Authority upon a determination by the 13 Authority, based on the best scientific information in 14 the region, that continued fishing at current levels 15 would seriously threaten the fish stocks. 16 (5) If fishing is suspended pursuant to subsection (4) 17 of this section, the Authority shall make every effort 18 to accommodate the long-term interests of the party to 19 the access agreement and shall rebate proportionately 20 any fees paid for fishing during such suspension." 21 Section 48. Title 24 of the Code of the Federated States of 22 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 23 11-57 and 12-14, is hereby further amended by enacting a new 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 65 of 122 section 407 of chapter 4 to read as follows: 1 "Section 407. Related activities - transshipment. 2 (1) The operator of a foreign fishing vessel shall: 3 (a) not transship at sea under any circumstances; 4 (b) provide seventy-two (72) hours notice to the 5 Authority of a request to transship any or all of the 6 fish on board and shall provide the name of the vessel, 7 its international radio call sign, its position, the 8 catch on board by species, the time and port where such 9 transshipment is requested to occur and an undertaking 10 to pay all fees required under the laws of the Federated 11 States of Micronesia; 12 (c) only transship at the time and port 13 authorized for transshipment; and 14 (d) submit full reports on transshipping on such 15 forms as may be required by the Authority or prescribed 16 by regulation. 17 (2) During transshipment in the Federated States of 18 Micronesia the foreign party and operator of each vessel 19 shall comply with all applicable National and State laws 20 and regulations in the Federated States of Micronesia 21 relating to protection of the environment, including 22 without limitation, sewage holding tank requirements. 23 (3) Any person who violates subsection (1)(a), (1)(c), 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 66 of 122 (1)(d) or (2) of this section shall be subject to a 1 civil penalty of not less than $75,000 and not more than 2 $275,000." 3 Section 49. Title 24 of the Code of the Federated States of 4 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 5 11-57 and 12-14, is hereby further amended by enacting a new 6 chapter 5 entitled "Conservation, Management and Sustainable Use 7 of Fishery Resources" of new subtitle I entitled "Marine Resources 8 Act of 2002". 9 Section 50. Title 24 of the Code of the Federated States of 10 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 11 11-57 and 12-14, is hereby further amended by enacting a new 12 section 501 of chapter 5 to read as follows: 13 "Section 501. Definitions. In this chapter, the terms 14 'foreign party', 'United Nations Agreement' and 'United 15 Nations Convention' shall have the meanings set forth in 16 section 102 of chapter 1." 17 Section 51. Title 24 of the Code of the Federated States of 18 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 19 11-57 and 12-14, is hereby further amended by enacting a new 20 section 502 of chapter 5 to read as follows: 21 "Section 502. Conservation, management and sustainable 22 use of the fishery resources. 23 (1) The Authority shall adopt management measures 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 67 of 122 which promote the objectives of: 1 (a) utilizing the fishery resources of the 2 Federated States of Micronesia in a sustainable way; 3 (b) obtaining maximum, sustainable economic 4 benefits from these resources; and 5 (c) promoting national economic security through 6 optimum utilization of resources. 7 (2) The Authority shall ensure that such management 8 measures are based on the best scientific evidence 9 available and designed to maintain or restore stocks at 10 levels capable of producing maximum sustainable yield, 11 as qualified by relevant environmental and economic 12 factors, and taking into account fishing patterns, the 13 interdependence of stocks and generally recommended 14 international minimum standards. 15 (3) The Authority shall apply a precautionary approach 16 in the adoption of such management measures that is 17 consistent with and no less stringent than the criteria 18 set forth in the United Nations Agreement or any other 19 relevant access agreement or fisheries management 20 agreement to which the Federated States of Micronesia is 21 a party. 22 (4) The Authority shall, as appropriate, do the 23 following in relation to fisheries management: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 68 of 122 (a) assess the impact of fishing, other human 1 activities and environmental factors on target stocks 2 and species belonging to the same ecosystem or 3 associated with or dependent upon the target stocks; 4 (b) adopt, where necessary, conservation and 5 management measures for species belonging to the same 6 ecosystem or associated with or dependent upon the 7 target stocks, with a view to maintaining or restoring 8 population of such species above the level at which 9 their reproduction may become seriously threatened; 10 (c) minimize pollution, waste, discards, catch by 11 lost or abandoned gear, and impact on associated or 12 dependent species, in particular endangered species, 13 through measures including, to the extent practical, the 14 development and use of selective, environmentally safe 15 and cost effective fishing gear and techniques; 16 (d) protect biodiversity in the marine 17 environment; 18 (e) take measures to prevent or eliminate over 19 fishing and excess fishing capacity and to ensure that 20 levels of fishing effort do not exceed those 21 commensurate with the sustainable use of fishery 22 resources; 23 (f) take into account the interests of artisanal 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 69 of 122 and subsistence fishermen; 1 (g) collect and share, in a timely manner and in 2 accordance with fisheries management agreements and 3 international law, complete and accurate data concerning 4 fishing activities, including, but not limited to, 5 vessel position, catch of target and non-target species 6 and fishing effort, as well as information from national 7 and international research programs; 8 (h) promote and conduct scientific research and 9 develop appropriate technologies in support of fishery 10 conservation and management; 11 (i) implement and enforce conservation and 12 management measures through effective monitoring and 13 control and through support for and collaboration with 14 the FSM maritime surveillance program. 15 (5) The Authority shall determine the total allowable 16 level of fishing with respect to any stock of fish 17 subject to the provisions of this subtitle or as 18 provided in an access agreement or fisheries management 19 agreement entered into in accordance with this subtitle, 20 and in so doing shall take into account the requirements 21 in subsections (1) through (4) of this section. 22 (6) The Authority may determine participatory rights 23 in the fishery, such as allocations of allowable catch 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 70 of 122 or levels of fishing effort. Allocations of such 1 participatory rights: 2 (a) shall be made first to domestic fishing 3 vessels, then to vessels fishing pursuant to a fisheries 4 management agreement, with any remaining allocations to 5 foreign fishing vessels; 6 (b) may include restrictions as to vessel type, 7 gear type, seasons of operations, areas in which the 8 fishing can take place, or any other restriction 9 relevant to fisheries conservation and management. 10 (7) The Authority shall, in respect of highly 11 migratory fish stocks which occur both in the exclusive 12 economic zone and in the high seas, and without 13 prejudice to the sovereign rights of the Federated 14 States of Micronesia within its exclusive economic zone, 15 have authority to cooperate with foreign states fishing 16 on the high seas in respect of such stocks for the 17 purpose of achieving compatible conservation and 18 management measures in accordance with the United 19 Nations Agreement, any access agreement or fisheries 20 management agreement, and in so doing shall take into 21 account: 22 (a) the conservation and management measures 23 adopted and applied in the exclusive economic zone, and 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 71 of 122 ensure that measures established in respect of such 1 stocks for the high seas do not undermine the 2 effectiveness of such measures; 3 (b) previously agreed measures established and 4 applied for the high seas in accordance with the United 5 Nations Convention with respect to the same stocks by 6 Federated States of Micronesia and foreign states 7 fishing on the high seas; 8 (c) previously agreed measures established and 9 applied in accordance with the United Nations Convention 10 with respect to the same stocks by a subregional or 11 regional fisheries management organization or 12 arrangement; 13 (d) the biological unity and other biological 14 characteristics of the stocks and the relationships 15 between the distribution of the stocks, the fisheries 16 and the geographic particularities of the region 17 concerned, including the extent to which the stocks 18 occur and are fished in areas under national 19 jurisdiction; 20 (e) the respective dependence of the Federated 21 States of Micronesia's and the foreign states' fishing 22 on the high seas on the stocks concerned; 23 (f) that such measures do not result in harmful 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 72 of 122 impact on the living marine resources as a whole." 1 Section 52. Title 24 of the Code of the Federated States of 2 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 3 11-57 and 12-14, is hereby further amended by enacting a new 4 section 503 of chapter 5 to read as follows: 5 "Section 503. Allocation of allowable fishing between 6 domestic fishing vessels. The Authority shall allocate 7 that portion of the total allowable catch allocated to 8 domestic fishing vessels among domestic fishing vessels, 9 if it determines that unrestricted fishing by domestic 10 fishing vessels would otherwise result in a catch level 11 exceeding the optimum sustainable yield. In determining 12 the allocation, the Authority shall take into 13 consideration the extent to which each vessel or 14 operator of such vessel: 15 (1) has historically fished in a particular area; 16 (2) is advancing the development of a fishing industry 17 in the Federated States of Micronesia; 18 (3) has historically fished for a particular regulated 19 species; 20 (4) submits information for the conservation, 21 management and development of stocks of fish; 22 (5) has traditional rights to fishing in an area; and 23 (6) such other factors as the Authority deems 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 73 of 122 appropriate." 1 Section 53. Title 24 of the Code of the Federated States of 2 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 3 11-57 and 12-14, is hereby further amended by enacting a new 4 section 504 of chapter 5 to read as follows: 5 "Section 504. Allocation of allowable fishing among 6 foreign fishing vessels. 7 (1) The Authority may determine the allocation among 8 foreign parties of the total allowable level of foreign 9 fishing which is permitted with respect to any stock of 10 fish subject to the provisions of this subtitle. 11 (2) In determining the allocation among parties, the 12 Authority shall take into consideration: 13 (a) the extent to which vessels of such parties 14 have complied with the laws of the Federated States of 15 Micronesia and any relevant access agreements; 16 (b) whether such parties or their national 17 governments have cooperated with the Federated States of 18 Micronesia in, and made substantial contributions to, 19 the conservation, management and development of 20 fisheries, fishery research and the identification of 21 marine resources; 22 (c) whether such parties or their national 23 governments undertake to invest in the fisheries sector 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 74 of 122 in such a manner as to bring significant benefit to the 1 Federated States of Micronesia; 2 (d) whether such parties or their national 3 governments have cooperated with the Federated States of 4 Micronesia in the enforcement of the provisions of this 5 subtitle and the regulations issued under its authority, 6 including flag State enforcement and the provision of 7 information required for the conservation and management 8 of fish; 9 (e) whether such parties or their national 10 governments, while in the waters under national 11 jurisdiction of any foreign state in the region, have 12 complied with the terms of any fisheries management 13 agreement to which the Federated States of Micronesia is 14 a party and which is implemented in such other foreign 15 state; and 16 (f) such other matters as it may deem 17 appropriate." 18 Section 54. Title 24 of the Code of the Federated States of 19 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 20 11-57 and 12-14, is hereby further amended by enacting a new 21 chapter 6 entitled "Enforcement" of new subtitle I entitled 22 "Marine Resources Act of 2002". 23 Section 55. Title 24 of the Code of the Federated States of 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 75 of 122 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 1 11-57 and 12-14, is hereby further amended by enacting a new 2 section 601 of chapter 6 to read as follows: 3 "Section 601. Enforcement responsibility. The 4 Department of Justice shall have primary responsibility 5 for fisheries enforcement, including: 6 (1) collaboration with the Authority in the monitoring 7 and control of all fishing operations within the fishery 8 waters; and 9 (2) the enforcement of this subtitle." 10 Section 56. Title 24 of the Code of the Federated States of 11 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 12 11-57 and 12-14, is hereby further amended by enacting a new 13 section 602 of chapter 6 to read as follows: 14 "Section 602. Appointment of authorized officers. 15 (1) The Secretary of the Department of Justice may, in 16 writing, appoint any person as an authorized officer or 17 class of persons as authorized officers for the purposes 18 of this subtitle and such person or persons shall 19 exercise all powers and privileges accorded to 20 authorized officers by this subtitle. 21 (2) In addition, any person or class of persons may be 22 appointed by the Secretary as an authorized officer, in 23 accordance with subsection (1) of this section, pursuant 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 76 of 122 to a fisheries management agreement or similar 1 cooperative arrangement for purposes which include: 2 (a) for an authorized officer of the Federated 3 States of Micronesia, the performance of fisheries 4 monitoring, control and surveillance functions on behalf 5 of the Federated States of Micronesia while on board a 6 vessel or aircraft of another party; and 7 (b) for an authorized officer of another party to 8 such agreement, the performance of fisheries monitoring, 9 control and surveillance functions on behalf of the 10 Federated States of Micronesia while on board the vessel 11 or aircraft of that other party. 12 (3) Any officer of the Maritime Surveillance Wing of 13 the National Police of the Government of the Federated 14 States of Micronesia shall be deemed to be an authorized 15 officer for the purposes of this subtitle. 16 (4) Any authorized officer is deemed to be an 17 authorized inspector for purposes of the United Nations 18 Agreement or any other access agreement which also has 19 authority over high seas fishing." 20 Section 57. Title 24 of the Code of the Federated States of 21 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 22 11-57 and 12-14, is hereby further amended by enacting a new 23 section 603 of chapter 6 to read as follows: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 77 of 122 "Section 603. Powers of authorized officers. 1 (1) For the purposes of enforcing this subtitle, any 2 authorized officer may: 3 (a) stop, board, remain on board and search any 4 vessel in the fishery waters that he reasonably believes 5 is a fishing vessel; 6 (b) stop, board, remain on board and search any 7 flag fishing vessel outside the fishery waters; 8 (c) stop and search any vessel, vehicle or 9 aircraft that he reasonably believes may be transporting 10 fish or engaging in other activities relating to 11 fishing; 12 (d) require the master or any crew member or 13 other person aboard to inform him of the name, call sign 14 and country of registration of the vessel and the name 15 of the master, owner, charterer and crew members; 16 (e) examine the master or any crew member or 17 other person aboard about the cargo, contents of holds 18 and storage spaces, voyage and activities of the vessel; 19 (f) make such examination and inquiry as may 20 appear necessary concerning any vessel, vehicle or 21 aircraft in relation to which any of the powers 22 conferred by this subsection have been or may be 23 exercised and take samples of any fish or fish product 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 78 of 122 found therein; 1 (g) require to be produced, examine and take 2 copies of any permit, logbook, record or other documents 3 required under this subtitle or concerning the operation 4 of any vessel or aircraft; 5 (h) make an entry dated and signed by him in the 6 logbook of such vessel or aircraft; 7 (i) require to be produced and examine any fish, 8 fishing gear or appliance, explosive, poison or other 9 noxious substance; 10 (j) give directions to the master and any crew 11 member of any vessel, vehicle or aircraft stopped, 12 boarded or searched as may be necessary or reasonably 13 expedient for any purpose specified in this subtitle or 14 to provide for the compliance of the vessel, vehicle or 15 aircraft, or master or any crew member with the 16 conditions of any permit; 17 (k) endorse any permit; and 18 (l) arrest any person who assaults him or any 19 other authorized officer in the exercise of his duties 20 under this subtitle. 21 (2) Where an authorized officer has reasonable grounds 22 to believe an offense against this subtitle is being or 23 has been committed, he may without a warrant: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 79 of 122 (a) enter, inspect and search any premises, other 1 than premises used exclusively as a dwelling house, in 2 which he has reasonable grounds to believe an offense 3 has been or is being committed or fish have been taken 4 illegally and are being stored; 5 (b) stop, enter, search and stay in or on any 6 vehicle or aircraft which he reasonably suspects of 7 transporting fish or fish products; 8 (c) take samples of any fish found in any vessel 9 or vehicle inspected or within any premises searched 10 under this subtitle; 11 (d) after hot pursuit of a foreign fishing vessel 12 undertaken in accordance with international law and 13 commenced within the fishery waters, stop, board and 14 search outside the fishery waters any fishing vessel 15 that he has reasonable grounds to believe has been used 16 in the commission of an offense, exercise any powers 17 conferred by this subtitle in accordance with 18 international law, and bring such vessel and all persons 19 and things on board within the fishery waters; 20 (e) seize: 21 (i) any vessel (including its fishing gear, 22 equipment, stores and cargo), vehicle, fishing gear, 23 nets or other fishing appliances or aircraft that he has 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 80 of 122 reasonable grounds to believe has been or is being used 1 in the commission of an offense or in respect of which 2 the offense has been committed; 3 (ii) any fish or fish products that he has 4 reasonable grounds to believe have been caught in the 5 commission of an offense or are possessed in 6 contravention of this subtitle; 7 (iii) any logs, charts or other documents 8 required to be maintained by this subtitle or under the 9 terms of any license or other authorization or which he 10 has reasonable grounds to believe show or tend to show, 11 with or without other evidence, the commission of an 12 offense against this subtitle; and 13 (iv) any thing which he has reasonable 14 grounds to believe might be used as evidence in any 15 proceeding under this subtitle; 16 (f) arrest any person who he has reasonable 17 grounds to believe has committed an offense against this 18 subtitle; and 19 (g) issue citations as authorized by regulations 20 promulgated under section 703 of chapter 7 of this 21 subtitle. 22 (3) An authorized officer may, while arresting any 23 person or fishing vessel that he has reasonable grounds 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 81 of 122 to believe has done any act in contravention of this 1 subtitle, use such force as is reasonably necessary in 2 the circumstances to effect the arrest. 3 (4) Any person arrested without a warrant under this 4 section shall be detained and dealt with in accordance 5 with law. 6 (5) An authorized officer may: 7 (a) execute any warrant or other process issued 8 by any court of competent jurisdiction; and 9 (b) exercise any other lawful authority. 10 (6) A written receipt shall be given for any article 11 or thing seized under this section and the grounds for 12 such seizure shall be stated in such receipt." 13 Section 58. Title 24 of the Code of the Federated States of 14 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 15 11-57 and 12-14, is hereby further amended by enacting a new 16 section 604 of chapter 6 to read as follows: 17 "Section 604. Requirements for seized vessels. 18 (1) Where any vessel is seized under this subtitle: 19 (a) the master and crew shall take the vessel to 20 such port as the authorized officer shall designate as 21 being the nearest or most convenient port; 22 (b) the master shall be responsible for the 23 safety of the vessel and each person on board the 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 82 of 122 vessel, including the crew, himself and any authorized 1 officer until the vessel arrives at the designated port. 2 (2) If the master fails or refuses to take the seized 3 vessel to the designated port, then an authorized 4 officer or person called upon to assist him may do so. 5 (3) If a vessel is taken to port in the circumstances 6 described in subsection (2) of this section, no claim 7 whatever may be made against any authorized officer or 8 the Government of the Federated States of Micronesia in 9 respect of any damage, injury, loss or death occurring 10 while the vessel is being so taken, subject to the 11 provisions of this subtitle. 12 (4) The provisions relating to vessels and masters 13 described in subsections (1) to (3) of this section 14 apply equally to vehicles and aircraft seized in 15 accordance with this subtitle, and their drivers and 16 pilots respectively. 17 (5) Any person who commits an act, or omits to act, in 18 violation of this section shall be subject to a civil 19 penalty of not less than $40,000 and not more than 20 100,000." 21 Section 59. Title 24 of the Code of the Federated States of 22 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 23 11-57 and 12-14, is hereby further amended by enacting a new 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 83 of 122 section 605 of chapter 6 to read as follows: 1 "Section 605. Removal of parts from seized vessels by 2 authorized officers. 3 (1) An authorized officer may remove any part or parts 4 from any seized vessel, vehicle or aircraft held in the 5 custody of the Government of the Federated States of 6 Micronesia for the purpose of immobilizing that vessel, 7 vehicle or aircraft. 8 (2) Any part or parts removed under subsection (1) of 9 this section shall be kept safely and returned to the 10 vessel, vehicle or aircraft upon its lawful release from 11 custody. 12 (3) No person other than an authorized officer shall 13 knowingly possess, or arrange to obtain, any part or 14 parts removed under section 605(1) of this subtitle or 15 knowingly possess, or arrange to obtain, or make any 16 replacement or substitute part or parts for those 17 removed under section 605(1) of this subtitle or fit or 18 attempt to fit any part or parts or any replacement or 19 substitute part or parts to a vessel, vehicle or 20 aircraft held in the custody of the Government of the 21 Federated States of Micronesia. 22 (4) Any person who commits an act in violation of this 23 section shall be subject to a civil penalty of not less 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 84 of 122 than $15,000 and not more than $50,000." 1 Section 60. Title 24 of the Code of the Federated States of 2 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 3 11-57 and 12-14, is hereby further amended by enacting a new 4 section 606 of chapter 6 to read as follows: 5 "Section 606. Appointment of authorized observers; port 6 samplers. 7 (1) The Executive Director may appoint, in writing, 8 any person to be an authorized observer or class of 9 persons to be authorized observers for the purposes of 10 this subtitle, any access agreement or any fisheries 11 management agreement. 12 (2) The Executive Director may appoint, in writing, 13 any authorized observer to serve as a port sampler. 14 Port samplers shall perform the duties of authorized 15 observers at a point of transshipment or port located 16 either inside or outside the Federated States of 17 Micronesia. 18 (3) Authorized observers and port samplers shall not 19 be appointed as authorized officers and shall not be 20 authorized to take enforcement action under this 21 subtitle. 22 (4) The requirements of sections 607(1), 607(2), 23 607(6), 607(7), 608, 609 and 610 shall apply equally to 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 85 of 122 authorized observers and port samplers." 1 Section 61. Title 24 of the Code of the Federated States of 2 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 3 11-57 and 12-14, is hereby further amended by enacting a new 4 section 607 of chapter 6 to read as follows: 5 "Section 607. Access granted to authorized observers; 6 conditions; expenses. 7 (1) Any person on board any vessel with a valid and 8 applicable permit shall allow any authorized observer to 9 board and remain on such vessel for the purposes of 10 carrying out his duties and functions. 11 (2) The operator and each member of the crew of such 12 vessel shall allow and assist any authorized observer 13 to: 14 (a) board such vessel for scientific, compliance 15 monitoring and other functions, at such time and place 16 as the Executive Director may require; 17 (b) have full access to and the use of facilities 18 and equipment on board the vessel which the authorized 19 observer may determine is necessary to carry out his 20 duties, including: 21 (i) full access to the bridge, navigation 22 charts, fish on board and areas which may be used to 23 hold, process, weigh and store fish; 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 86 of 122 (ii) full access to the vessel's records, 1 including its logbooks and documentation for the 2 purposes of records inspection and copying; 3 (iii) full access to fishing gear on board; 4 and 5 (iv) reasonable access to navigation 6 equipment and radios; 7 (c) take and remove from the vessel reasonable 8 samples for the purposes of scientific investigation, 9 and other relevant information; 10 (d) take photographs of the fishing operations, 11 including fish, fishing gear, equipment, charts and 12 records, and remove from the vessel such photographs or 13 film as he or she may have taken or used on board the 14 vessel; 15 (e) send or receive messages by means of the 16 vessel's communications equipment; 17 (f) carry out all duties safely; and 18 (g) disembark at such time and place as the 19 Executive Director may reasonably request or as required 20 in accordance with an applicable access arrangement. 21 (3) The operator shall provide the authorized 22 observer, and any authorized officer forced by 23 circumstances to stay on board the vessel for a 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 87 of 122 prolonged period of time, while on board the vessel with 1 food, accommodation and medical facilities at no 2 expense, equivalent to that accorded to officers. 3 (4) In addition to the requirements of subsection (3) 4 of this section, the Authority shall, either by 5 regulation or agreement, require the operator to pay in 6 full the following costs of authorized observers, other 7 than port samplers: 8 (a) travel costs to and from the vessel; 9 (b) such salary as may be notified by the 10 Executive Director; and 11 (c) full insurance coverage. 12 (5) The Authority may, by regulation or agreement, 13 require the operator to pay a portion of the costs of 14 maintaining a port sampling program. 15 (6) Any operator of any vessel with a valid permit 16 issued under this subtitle, shall allow and assist any 17 authorized observer to have full access to any place 18 where fish taken in the fishery waters is unloaded or 19 transshipped; to remove reasonable samples for 20 scientific purposes and to gather any information 21 relating to fisheries in the fishery waters. 22 (7) Any person who commits an act, or omits to act, in 23 violation of this section shall be subject to a civil 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 88 of 122 penalty of not less than $40,000 and not more than 1 $100,000." 2 Section 62. Title 24 of the Code of the Federated States of 3 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 4 11-57 and 12-14, is hereby further amended by enacting a new 5 section 608 of chapter 6 to read as follows: 6 "Section 608. Duties owed to authorized officers and 7 authorized observers. 8 (1) The master and each crew member of any fishing 9 vessel, the driver of any vehicle and the pilot and crew 10 of any aircraft shall immediately comply with every 11 instruction or direction given by an authorized officer 12 or authorized observer as appropriate and facilitate 13 safe boarding, entry and inspection of the vessel, 14 vehicle or aircraft and any fishing gear, equipment, 15 records, fish and fish products. 16 (2) The master and each crew member of a vessel, 17 driver of a vehicle and pilot and crew of an aircraft 18 shall take all reasonable measures to ensure the safety 19 of an authorized officer or authorized observer as 20 appropriate in the performance of his duties. 21 (3) No person shall: 22 (a) assault, obstruct, resist, delay, refuse 23 boarding to, intimidate or fail to take all reasonable 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 89 of 122 measures to ensure the safety of, or otherwise interfere 1 with an authorized officer or authorized observer in the 2 performance of his duties; 3 (b) incite or encourage any other person to 4 assault, resist or obstruct any authorized officer or 5 authorized observer who is carrying out his powers or 6 duties, or any person lawfully acting under the 7 authorized officer's orders or in his aid; 8 (c) use threatening language or behave in a 9 threatening or insulting manner or use abusive language 10 or insulting gestures towards any authorized officer or 11 authorized observer while in the execution of his powers 12 or duties, or any person lawfully acting under an 13 authorized officer's orders or in his aid; 14 (d) fail to comply with the lawful requirements 15 of any authorized officer or authorized observer; 16 (e) furnish to any authorized officer or 17 authorized observer any particulars which, to his 18 knowledge, are false or misleading in any respect; 19 (f) impersonate or falsely represent himself to 20 be an authorized officer or authorized observer or 21 falsely represent himself or herself to be a person 22 lawfully acting under an authorized officer's orders or 23 in his aid; 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 90 of 122 (g) resist lawful arrest for any act prohibited 1 by this subtitle; or 2 (h) breach of any other duty to an authorized 3 officer or authorized observer required under this 4 subtitle. 5 (4) For the purposes of subsection (3) of this 6 section, any person who does not allow any authorized 7 officer or an authorized observer, or any person acting 8 under his orders or in his aid, to exercise any of the 9 powers conferred on such person by this subtitle shall 10 be deemed to be obstructing that officer, person or 11 observer. 12 (5) Every person who is a master, owner, charterer, 13 agent or company established under the laws of the 14 Federated States of Micronesia of a fishing vessel that 15 transports an authorized officer, inspector or observer 16 outside the fishery waters and, without having obtained 17 prior consent from the Authority, causes him to 18 disembark outside the territory or jurisdiction of the 19 Federated States of Micronesia, shall be jointly and 20 severally liable for a fine plus all costs of 21 repatriation including board and lodging while out of 22 the Federated States of Micronesia and direct 23 transportation to the Federated States of Micronesia. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 91 of 122 It is unlawful for any fishing vessel to cause an 1 authorized officer, inspector or observer to disembark 2 outside the territory or jurisdiction of the FSM without 3 having obtained prior consent from the Authority. 4 (6) Any person who violates subsection (3)(a) or 5 (3)(b) of this section shall be subject to a civil 6 penalty of not less than $100,000 and not more than 7 $1,000,000." 8 Section 63. Title 24 of the Code of the Federated States of 9 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 10 11-57 and 12-14, is hereby further amended by enacting a new 11 section 609 of chapter 6 to read as follows: 12 "Section 609. Identification of authorized officers and 13 authorized observers. An authorized officer or 14 authorized observer, when exercising any of the powers 15 conferred by this subtitle, shall on request, produce 16 identification to show that he is an authorized officer 17 or authorized observer under this subtitle." 18 Section 64. Title 24 of the Code of the Federated States of 19 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 20 11-57 and 12-14, is hereby further amended by enacting a new 21 section 610 of chapter 6 to read as follows: 22 "Section 610. Protection against liability. The 23 Authority or any person who does, partly does, or omits 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 92 of 122 to do any act in pursuance or intended pursuance of any 1 functions, powers or duties conferred by or under this 2 subtitle shall not be subject to any legal action, or 3 civil or criminal liability with respect to such act, 4 whether on the grounds of want of jurisdiction, mistake 5 of law or fact, or on any other grounds, unless the act, 6 or omission to act, was done in bad faith without 7 reasonable cause." 8 Section 65. Title 24 of the Code of the Federated States of 9 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 10 11-57 and 12-14, is hereby further amended by enacting a new 11 section 611 of chapter 6 to read as follows: 12 "Section 611. Transponders required. 13 (1) The Authority may require, as a condition of 14 fishing in the exclusive economic zone, that the 15 operator of any vessel: 16 (a) install on such vessel, at its own expense, a 17 transponder approved by the Authority; 18 (b) maintain such transponder in good working 19 order at all times while in the fishery waters or such 20 other area as may be agreed or designated; and 21 (c) ensure that any information or data required 22 by the Authority to be transmitted by the transponder is 23 transmitted continuously, accurately and effectively to 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 93 of 122 the designated receiver. 1 (2) For the purposes of this subtitle, a transponder, 2 which may also be referred to as an automatic location 3 communicator or ALC, means any device or machine placed 4 on a fishing vessel as a condition of its permit or 5 access agreement, which transmits, whether in 6 conjunction with another machine or other machines, 7 elsewhere or not, information or data concerning the 8 position, fishing and such other activities of the 9 vessel as may be required. 10 (3) The Authority may establish by regulation a list 11 of approved transponders. An approved transponder shall 12 be presumed to be accurate; a transponder that is not 13 approved shall not be presumed to be accurate. All 14 information or data obtained or ascertained by the use 15 of a transponder, shall be presumed to: 16 (a) come from the vessel so identified; and 17 (b) be given by the master, owner and charterer 18 of the fishing vessel. This presumption shall apply 19 whether or not the information was stored before or 20 after any transmission or transfer. 21 (4) No person shall intentionally, recklessly or 22 unintentionally destroy, damage, render inoperative or 23 otherwise interfere with a machine aboard a vessel which 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 94 of 122 automatically feeds or inputs information or data into a 1 transponder, or intentionally feed or input information 2 or data into a transponder which is not officially 3 required or is meaningless. 4 (5) Any person who violates subsection (1) or 5 subsection (4) of this section, by failing to install, 6 maintain, or ensure the transmission of information from 7 a transponder as required, is subject to a civil penalty 8 of not less than $100,000 and not more than $500,000." 9 Section 66. Title 24 of the Code of the Federated States of 10 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 11 11-57 and 12-14, is hereby further amended by enacting a new 12 chapter 7 entitled "Jurisdiction and Evidence; Administrative 13 Proceedings" of new subtitle I entitled "Marine Resources Act of 14 2002". 15 Section 67. Title 24 of the Code of the Federated States of 16 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 17 11-57 and 12-14, is hereby further amended by enacting a new 18 section 701 of chapter 7 to read as follows: 19 "Section 701. Jurisdiction of the court. 20 (1) Any case or controversy arising under this 21 subtitle or out of any act or omission committed in 22 contravention of any provision of this subtitle by any 23 person: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 95 of 122 (a) within the fishery waters; or 1 (b) outside the fishery waters by any flag 2 vessel, citizen or person ordinarily resident in the 3 Federated States of Micronesia; or 4 (c) by any person on board any fishing vessel 5 registered in the Federated States of Micronesia shall 6 be subject to the jurisdiction of the Supreme Court of 7 the Federated States of Micronesia and judicial 8 proceedings shall be taken as if such act or omission 9 had taken place in the Federated States of Micronesia 10 within the jurisdiction of the Supreme Court of the 11 Federated States of Micronesia. 12 (2) Where an authorized officer is exercising any 13 powers conferred on him outside the fishery waters in 14 accordance with this subtitle, any act or omission of 15 any person in contravention of any of the provisions of 16 this subtitle shall be deemed to have been committed 17 within the fishery waters. 18 (3) Notwithstanding any provision of any other law of 19 the Federated States of Micronesia, any information or 20 complaint with respect to any violation of this subtitle 21 must be filed within two years of the discovery of the 22 violation. 23 (4) The Court may at any time enter restraining orders 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 96 of 122 or prohibitions, issue warrants, issue process in rem or 1 other processes, prescribe and accept satisfactory bonds 2 or other security, and take such other actions as are in 3 the interests of justice." 4 Section 68. Title 24 of the Code of the Federated States of 5 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 6 11-57 and 12-14, is hereby further amended by enacting a new 7 section 702 of chapter 7 to read as follows: 8 "Section 702. Standing of authorized officers or 9 observers. Standing in the Supreme Court of the 10 Federated States of Micronesia shall be afforded to any 11 authorized officer or authorized observer designated 12 under a fisheries management agreement entered into 13 pursuant to subsection (1)(b) or (1)(c) of section 106 14 of chapter 1 of this subtitle to bring action against 15 any person or fishing vessel for any act or offense that 16 is actionable under the laws of the Federated States of 17 Micronesia or is a violation of an access agreement or 18 fisheries management agreement pursuant to which the 19 observer was authorized which has occurred in the 20 exclusive economic zone or the high seas, 21 notwithstanding the nationality of the observer." 22 Section 69. Title 24 of the Code of the Federated States of 23 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 97 of 122 11-57 and 12-14, is hereby further amended by enacting a new 1 section 703 of chapter 7 to read as follows: 2 "Section 703. Citations and administrative penalties. 3 (1) For any violation of this subtitle or its 4 regulations which would fall within the penalty 5 provisions of section 920 of this subtitle, the 6 Authority may, by regulation promulgated in consultation 7 with the Secretary, provide for an administrative 8 penalty. 9 (2) Citations for violations shall be issued by the 10 Executive Director or his designee or by an authorized 11 officer to the person or persons found to have committed 12 a violation, in such manner as shall be prescribed by 13 regulation. Each citation shall plainly set forth the 14 act or acts constituting the violation, the provisions 15 of the law and/or regulations violated and the 16 administrative penalty assessed for such violation. 17 (3) Administrative penalties shall be satisfied upon 18 the payment of the penalty assessed to the Authority and 19 notification made in writing, under the signature of all 20 parties, to the Secretary. 21 (4) Any person issued a citation may contest that 22 citation within ten (10) days of receipt. All citation 23 challenges shall be in writing, shall be filed with the 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 98 of 122 Executive Director or his designee, and shall provide 1 facts and arguments supporting the party's contention 2 that the citation was wrongly issued. The Executive 3 Director shall issue a final decision on behalf of the 4 Authority in writing within fifteen (15) days of receipt 5 of a citation challenge. Any citation that is not 6 challenged within ten (10) days after issuance shall 7 be deemed final. 8 (5) If any citation remains unpaid thirty (30) days 9 after it becomes final, the Executive Director shall 10 refer the violation to the Secretary for further action. 11 Such action may, at the Secretary's discretion, include 12 either enforcement of the original citation as issued or 13 the initiation of legal proceedings for the recovery of 14 penalties under section 920 of this subtitle, which may 15 exceed those assessed by citation." 16 Section 70. Title 24 of the Code of the Federated States of 17 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 18 11-57 and 12-14, is hereby further amended by enacting a new 19 section 704 of chapter 7 to read as follows: 20 "Section 704. Prohibitions pending payment of 21 administrative penalties. 22 (1) No person shall engage in fishing or any related 23 or other activity in the fishery waters until: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 99 of 122 (a) the full amount of any final administrative 1 penalty assessed has been paid; or 2 (b) a bond for the full amount of the 3 administrative penalty assessed has been deposited with 4 the Executive Director, pending the conclusion of legal 5 proceedings under section 703(4) of this subtitle. 6 (2) Any bond posted pursuant to subsection (1)(b) 7 above shall be returned only upon: 8 (a) a successful citation penalty challenge under 9 section 703(4) of this subtitle; or 10 (b) a finding of no violation by the FSM Supreme 11 Court, pursuant to a proceeding instituted under section 12 703(5) of this subtitle. 13 (3) Any person who violates subsection (1) of this 14 section shall be subject to the penalties set forth in 15 section 907 of this subtitle for fishing without a valid 16 permit." 17 Section 71. Title 24 of the Code of the Federated States of 18 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 19 11-57 and 12-14, is hereby further amended by enacting a new 20 section 705 of chapter 7 to read as follows: 21 "Section 705. Liability for non-payment of penalties. 22 The Secretary shall have the authority to enforce and 23 recover all financial penalties and all forfeitures, 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 100 of 122 damages, expenses and other liabilities incurred or 1 imposed pursuant to this subtitle, and to enforce the 2 liability to forfeiture of any article seized under the 3 authority thereof, and all rents, charges, expenses and 4 duties and all other sums of money payable under this 5 subtitle may be sued for, determined, enforced and 6 recovered in the name of the Executive Director as 7 plaintiff, and all such proceedings shall be deemed to 8 be civil proceedings. The fact that a bond or other 9 security has been paid shall not be pleaded or made use 10 of in answer to or in stay of any such proceedings." 11 Section 72. Title 24 of the Code of the Federated States of 12 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 13 11-57 and 12-14, is hereby further amended by enacting a new 14 section 706 of chapter 7 to read as follows: 15 "Section 706. Presumptions. 16 (1) Where, in any legal proceedings under this 17 subtitle, the place in which an event is alleged to have 18 taken place is in issue: 19 (a) there shall be a refutable presumption that 20 the place stated in the relevant entry in the logbook or 21 other official record of any enforcement vessel or 22 aircraft as being the place in which the event took 23 place was the place in which the event took place; and 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 101 of 122 (b) prima facie evidence of an entry in a logbook 1 or other official record of an enforcement vessel or 2 aircraft may be given by the production of a written 3 copy or extract of the entry certified by an authorized 4 officer as a true copy or accurate extract. 5 (2) There shall be a refutable presumption that all 6 fish found on board any fishing vessel which has been 7 used in the commission of any violation of this subtitle 8 have been caught during the commission of that 9 violation. 10 (3) Where, in any legal proceedings relating to a 11 violation of this subtitle, an authorized officer gives 12 evidence of reasonable grounds to believe any fish to 13 which the charge relates were taken in a specified area 14 of the fishery waters, there shall be a refutable 15 presumption that all the fish shall be presumed to have 16 been so taken. 17 (4) Where, in any legal proceedings for a violation of 18 this subtitle, an authorized officer gives evidence of 19 reasonable grounds to believe that any fish to which the 20 charge relates were taken by the use of drift nets, 21 there shall be a refutable presumption that all the fish 22 have been so taken. 23 (5) Where any information is given regarding a fishing 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 102 of 122 vessel pursuant to this subtitle or an access agreement 1 in relation to any fishing activity of a foreign fishing 2 vessel, including any entry in writing or other mark in 3 or on any log, chart or other document required to be 4 maintained under this subtitle or used to record the 5 activities of a foreign fishing vessel it shall be 6 presumed to have been given by the master, owner and 7 charterer of the vessel concerned, unless it is proved 8 it was not given or authorized to be given by any of 9 them. 10 (6) Any position fixing instrument on board a vessel 11 or aircraft used for the enforcement of this subtitle 12 shall be presumed to be accurate. For the purposes of 13 this section, a position fixing instrument shall mean 14 any device which indicates the location of a vessel, 15 including, but not limited to, any satellite navigation 16 system or global positioning system. 17 (7) Where a photograph taken by an authorized officer 18 or authorized observer, is taken of any fishing or 19 related activity and simultaneously the date, time or 20 position from which the photograph is taken are 21 superimposed upon the photograph then it shall be 22 presumed that the photograph was taken on the date, at 23 the time or in the position so appearing, if: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 103 of 122 (a) the camera taking the photograph is connected 1 directly to the instruments which provide the date, time 2 and position concerned; and 3 (b) the photograph was taken by an authorized 4 officer or an authorized observer." 5 Section 73. Title 24 of the Code of the Federated States of 6 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 7 11-57 and 12-14, is hereby further amended by enacting a new 8 section 707 of chapter 7 to read as follows: 9 "Section 707. Burden of proof. 10 (1) Where, in any proceedings under this subtitle, a 11 person is alleged to have committed an act for which a 12 permit or other permission is required, the burden shall 13 be on the person charged to prove that at the relevant 14 time the requisite permit or permission was held. 15 (2) Where a person is alleged to have violated marine 16 space, in contravention of section 911 of this subtitle, 17 the burden shall be on that person to prove that the 18 information given was true, complete and correct." 19 Section 74. Title 24 of the Code of the Federated States of 20 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 21 11-57 and 12-14, is hereby further amended by enacting a new 22 chapter 8 entitled "Forfeiture and Disposition of Seized or 23 Confiscated Property" of new subtitle I entitled "Marine Resources 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 104 of 122 Act of 2002". 1 Section 75. Title 24 of the Code of the Federated States of 2 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 3 11-57 and 12-14, is hereby further amended by enacting a new 4 section 801 of chapter 8 to read as follows: 5 "Section 801. Forfeiture of property. 6 (1) Any fishing vessel, including its fishing gear, 7 furniture, appurtenances, stores and cargo used in or 8 connected with the commission of any act prohibited by 9 this subtitle, within the territorial sea or internal 10 waters of the Federated States of Micronesia, shall be 11 subject to forfeiture to the Government of the Federated 12 States of Micronesia pursuant to a civil proceeding 13 under this section. 14 (2) Any fishing vessel, including its fishing gear, 15 furniture, appurtenances or stores used in or connected 16 with the commission of any act prohibited by this 17 subtitle, within the exclusive economic zone outside the 18 territorial seas of the Federated States of Micronesia, 19 shall be released upon the posting of a bond or other 20 surety. 21 (3) Any vehicle or aircraft, all or any part of any 22 fish or fish product and the proceeds of the sale of any 23 fish seized in connection with a violation of this 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 105 of 122 subtitle, shall be subject to forfeiture to the 1 Government of the Federated States of Micronesia 2 pursuant to a civil proceeding under this section. 3 (4) The Supreme Court of the Federated States of 4 Micronesia shall have jurisdiction, upon application by 5 the Secretary of the Department of Justice on behalf of 6 the Federated States of Micronesia, to order any 7 forfeiture authorized under subsection (1) of this 8 section. 9 (5) If a judgment is entered for the Government of the 10 Federated States of Micronesia in a civil forfeiture 11 proceeding under this section, the Secretary of the 12 Department of Justice shall seize any property or other 13 interest declared forfeited to the Government of the 14 Federated States of Micronesia, which has not previously 15 been seized pursuant to this subtitle. 16 (6) The forfeited item or items shall be sold and the 17 proceeds deposited into the General Fund of the 18 Federated States of Micronesia and distributed in 19 accordance with subsection (6) of this section. 20 (7) Fifty percent of the revenues from fines and 21 forfeitures shall be distributed to an FSM State(s) 22 which may be affected by the situation which has given 23 rise to the fine and/or forfeiture. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 106 of 122 (8) Pending completion of the civil forfeiture 1 proceeding, the item or items subject to forfeiture, or 2 any part thereof, may be released at the discretion of 3 the Court upon deposit with the Court of a satisfactory 4 bond, surety or other security at least equal to the 5 fair market value of the seized property. Exoneration 6 of such bond, surety or other security shall be 7 conditional upon return of the released property to the 8 appropriate court upon order, without any impairment of 9 its value, or by paying the monetary value of the 10 released property to the General Fund of the Federated 11 States of Micronesia upon order of the Court. Such 12 bond, surety or other security shall be forfeited in the 13 event that any condition is breached as shall be 14 determined by the Court, and judgment shall be 15 recoverable by the Court against the principal of any 16 surety for any such breach. 17 (9) In the event there is an appeal from an order for 18 forfeiture, the Court may continue any such bond, surety 19 or other security deposited in accordance with 20 subsection (6) of this section during the pendency of 21 the appeal and any retrial or rehearing on remand or may 22 require additional security to be deposited with the 23 Court." 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 107 of 122 Section 76. Title 24 of the Code of the Federated States of 1 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 2 11-57 and 12-14, is hereby further amended by enacting a new 3 section 802 of chapter 8 to read as follows: 4 "Section 802. Disposition of seized or confiscated fish 5 or fish products. 6 (1) The Executive Director or his designee may sell 7 any perishable fish or fish products which have been 8 seized or confiscated pursuant to this subtitle. If he 9 made reasonable efforts to sell them but was unable to 10 do so, or where they are unfit to be sold, he may 11 dispose of them as he may deem fit. The proceeds of any 12 sale shall be deposited in trust with the Court pending 13 the final disposition of any civil forfeiture 14 proceeding. 15 (2) The Executive Director shall notify the owner or 16 apparent owner of the perishable goods seized of the 17 sale, and such owner or his nominee may be present at 18 the sale." 19 Section 77. Title 24 of the Code of the Federated States of 20 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 21 11-57 and 12-14, is hereby further amended by enacting a new 22 section 803 of chapter 8 to read as follows: 23 "Section 803. Disposition of forfeited or seized goods. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 108 of 122 (1) Notwithstanding any other provision of this 1 subtitle, any vessel, vehicle, aircraft or other item 2 ordered to be forfeited pursuant to this subtitle may be 3 disposed of in such manner as prescribed by law after 4 the expiration of the time provided for the filing of a 5 notice of appeal. 6 (2) Any vessel, vehicle, aircraft or other item seized 7 under this subtitle, but not forfeited in any legal 8 proceedings, may be held by the Government of the 9 Federated States of Micronesia until all fines, orders 10 for costs and penalties imposed under this subtitle have 11 been paid and, failing payment within the time allowed, 12 be sold and the balance of the proceeds returned to the 13 owner or apparent owner in accordance with this subtitle 14 after deduction of all fines, orders for costs, 15 penalties imposed under this subtitle and costs of sale. 16 (3) The proceeds of sale of all forfeited items shall 17 be deposited into the General Fund of the Federated 18 States of Micronesia." 19 Section 78. Title 24 of the Code of the Federated States of 20 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 21 11-57 and 12-14, is hereby further amended by enacting a new 22 section 804 of chapter 8 to read as follows: 23 "Section 804. Unlawful removal of item in custody. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 109 of 122 (1) When any vessel, vehicle, aircraft or other item 1 held or forfeited under this subtitle has been 2 unlawfully removed from the custody of the Federated 3 States of Micronesia, it shall be liable to seizure at 4 any time within the jurisdiction of the Federated States 5 of Micronesia. 6 (2) No person shall remove any vessel, vehicle, 7 aircraft or other item held in custody under this 8 subtitle whether or not he knew that the vessel, 9 vehicle, aircraft or other item was held in custody. 10 (3) Any person who violates subsection (2) of this 11 section shall be subject to a civil penalty of not less 12 than $75,000 and not more than $250,000." 13 Section 79. Title 24 of the Code of the Federated States of 14 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 15 11-57 and 12-14, is hereby further amended by enacting a new 16 section 805 of chapter 8 to read as follows: 17 "Section 805. Liability of the Government for property 18 in custody. The Government of the Federated States of 19 Micronesia shall not be liable to any person for any 20 loss, damage or deterioration in the condition of any 21 vessel, vehicle, aircraft, fishing gear or other 22 property which is in its custody pursuant to this 23 subtitle, and all costs of maintaining such property 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 110 of 122 while in custody shall, unless otherwise provided, be 1 borne by the operator upon a finding by the FSM Supreme 2 Court that such property was used in or connected with a 3 violation of this subtitle." 4 Section 80. Title 24 of the Code of the Federated States of 5 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 6 11-57 and 12-14, is hereby further amended by enacting a new 7 section 806 of chapter 8 to read as follows: 8 "Section 806. Release of seized goods. 9 (1) The Court may, on application, order the release 10 of any fishing vessel, vehicle, aircraft or other items 11 seized pursuant to this subtitle on receipt of such bond 12 or other form of security as it may determine. 13 (2) In determining the value of the bond or other form 14 of security, the Court shall have regard to the 15 aggregate amount of the value of the property to be 16 released, an estimated total fine or other penalty 17 provided for the offenses charged or likely to be 18 charged and the costs the prosecution would be likely to 19 recover if a conviction were entered, and may set the 20 value at such aggregate amount. In no case should the 21 bond exceed the value of the property to be released. 22 (3) Notwithstanding the provisions of subsection (2) 23 of this section, the amount determined by the Court 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 111 of 122 under this section shall not be less than the fair 1 market value of the property to be released or the 2 aggregate minimum fine or penalty for each offense 3 charged, whichever is greater. 4 (4) Where any vessel, vehicle, aircraft or other item 5 seized is released upon the lodging of a bond or other 6 form of security under subsection (1) of this section, 7 the court shall in the order state separately the sums 8 which are attributable to the property to be released, 9 the total fine or fines and the likely costs. 10 (5) The release of any bond or other form of security 11 under this section shall be conditional upon: 12 (a) a finding by the Court that the vessel, 13 vehicle, aircraft or other item has not been used in or 14 connected with the commission of an offense against this 15 subtitle; or 16 (b) where the Court finds that the vessel, 17 vehicle, aircraft or other item has been used in or 18 connected with the commission of an offense under this 19 subtitle: 20 (i) payment in full within thirty (30) days 21 of the judgment of the Court of any fine imposed by the 22 Court and any costs ordered to be paid by the Court; and 23 (ii) where the Court so orders, delivery to 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 112 of 122 the Court of the vessel, including its fishing gear, 1 furniture, appurtenances, stores and cargo, and of any 2 fish ordered to be forfeited without any impairment of 3 their value, or payment of the monetary value thereof as 4 determined by the Court. 5 (6) Nothing in subsection (1) of this section shall 6 require a Court to release any vessel, vehicle, aircraft 7 or other item if it might be required as an exhibit in 8 court proceedings or is reasonably required for any 9 further investigations of offenses against this 10 subtitle." 11 Section 81. Title 24 of the Code of the Federated States of 12 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 13 11-57 and 12-14, is hereby further amended by enacting a new 14 section 807 of chapter 8 to read as follows: 15 "Section 807. Holding of seized goods. 16 (1) Any vessel, vehicle, aircraft or other item seized 17 pursuant to this subtitle or any bond or other security 18 or net proceeds of any sale in respect thereof shall be 19 held by the Government pending the outcome of any legal 20 proceedings under this subtitle or until it is decided 21 not to file an information or a complaint, and any 22 penalties imposed under this subtitle have been fully 23 paid. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 113 of 122 (2) Where any vessel, vehicle, aircraft or other items 1 seized under this subtitle, or any bond, security or net 2 proceeds of sale in respect thereof is not forfeited or 3 applied in the discharge of any fine, order for costs or 4 penalty imposed pursuant to this subtitle, it shall be 5 made available for collection by the registered owner or 6 his nominee or, in the absence of such persons, the 7 person who appears entitled to it. 8 (3) Where any vessel, vehicle, aircraft or other item 9 has been released upon the lodging of a bond or 10 security, an order for forfeiture shall operate as an 11 order for forfeiture of the bond or security. 12 (4) Where any vessel, vehicle, aircraft or other item 13 has been released upon the lodging of a bond or 14 security, the Court may order any convicted defendant 15 and the owner of the vessel, vehicle, aircraft or other 16 item concerned, whether or not he is a defendant, to pay 17 the difference between the bond or amount lodged in 18 respect of the forfeited property and the aggregate 19 value of the forfeited property." 20 Section 82. Title 24 of the Code of the Federated States of 21 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 22 11-57 and 12-14, is hereby further amended by enacting a new 23 section 808 of chapter 8 to read as follows: 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 114 of 122 "Section 808. Application of bond. 1 (1) Any bond, security or net proceeds of sale held in 2 respect of any vessel, vehicle or aircraft or other item 3 shall be applied as follows and in this order: 4 (a) the discharge of any forfeiture ordered 5 pursuant to this subtitle; 6 (b) the payment of all fines or penalties for 7 offenses against this subtitle or penalties imposed 8 pursuant to this subtitle arising out of the use of or 9 in connection with the vessel, vehicle, aircraft or 10 other item; 11 (c) the full satisfaction of all costs involved 12 in maintaining and keeping secure the vessel and its 13 equipment during legal proceedings; 14 (d) the discharge of all orders for costs in 15 proceedings pursuant to this subtitle arising out of the 16 use of or in connection with the vessel, vehicle, 17 aircraft or other item; and 18 (e) return as provided in this subtitle." 19 Section 83. Title 24 of the Code of the Federated States of 20 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 21 11-57 and 12-14, is hereby further amended by enacting a new 22 chapter 9 entitled "Violations and Penalties for Prohibited Acts" 23 of new subtitle I entitled "Marine Resources Act of 2002". 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 115 of 122 Section 84. Title 24 of the Code of the Federated States of 1 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 2 11-57 and 12-14, is hereby further amended by enacting a new 3 section 901 of chapter 9 to read as follows: 4 "Section 901. Civil Penalties. 5 (1) Any person who is found by the Supreme Court of 6 the Federated States of Micronesia in a civil proceeding 7 to have committed an act prohibited by this subtitle 8 shall be liable to the Federated States of Micronesia 9 for a civil penalty. 10 (2) Each day of a continuing violation shall 11 constitute a separate offense, for which a separate 12 penalty shall be assessed. 13 (3) In determining the amount of the penalty, the 14 Supreme Court of the Federated States of Micronesia 15 shall take into account the nature, circumstances, 16 extent and gravity of the prohibited acts committed and, 17 with respect to the violator, the degree of culpability, 18 any history of prior offenses, whether there are 19 multiple violations which together constitute a serious 20 disregard of conservation and management measures and 21 such other matters as justice may require. 22 (4) The Secretary is authorized to initiate all 23 proceedings under this section and to recover the amount 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 116 of 122 assessed as a civil penalty. 1 (5) The proceeds of civil penalties shall be deposited 2 into the General Fund of the Federated States of 3 Micronesia. Fifty percent of the proceeds from civil 4 penalties shall then be distributed to any FSM State 5 which may be affected by the situation which has given 6 rise to this action." 7 Section 85. Title 24 of the Code of the Federated States of 8 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 9 11-57 and 12-14, is hereby further amended by enacting a new 10 section 902 of chapter 9 to read as follows: 11 "Section 902. Criminal penalties. 12 (1) Any person who commits an act prohibited by this 13 subtitle is subject to criminal prosecution. 14 (2) The Captain and any crew member of a fishing 15 vessel, who is subject to criminal charges solely for 16 violations of this subtitle occurring outside the 17 territorial waters but within the exclusive economic 18 zone of the Federated States of Micronesia shall be 19 released upon posting of reasonable bond or other 20 surety. 21 (3) Unless otherwise provided, all maximum penalties 22 described in this subtitle shall be applicable in both 23 civil and criminal proceedings in respect to the same 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 117 of 122 prohibited acts. In addition to any fine, any criminal 1 violation shall also be punishable by imprisonment for 2 not more than ten (10) years, if in the commission of 3 any such offense the person: 4 (a) uses a dangerous weapon; 5 (b) engages in conduct that causes bodily injury 6 to any authorized officer or authorized observer or 7 other officer authorized to enforce the provisions of 8 this subtitle; or 9 (c) threatens any such person with bodily injury. 10 (4) Each day of a continuing violation shall be 11 considered a separate offense, for which a separate 12 penalty shall be assessed. 13 (5) Fines shall be deposited into the General Fund of 14 the Federated States of Micronesia. Fifty percent of 15 the proceeds from criminal fines shall be distributed to 16 any FSM State(s) which may be affected by the situation 17 which has given rise to the action. 18 (6) Criminal penalties shall be imposed without regard 19 to whether the person committing the prohibited act is 20 also subject to civil proceedings for the same 21 violation, and without regard to the amount of any civil 22 penalty imposed or which may be imposed in such civil 23 proceedings. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 118 of 122 (7) Nothing in this subtitle shall be interpreted to 1 allow the abatement of a criminal prosecution upon the 2 late satisfaction of a civil judgment or payment of a 3 fine or other determination pursuant to administrative 4 proceedings under this subtitle." 5 Section 86. Title 24 of the Code of the Federated States of 6 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 7 11-57 and 12-14, is hereby further amended by enacting a new 8 section 903 of chapter 9 to read as follows: 9 "Section 903. Liability for loss or damage. A person 10 found to have committed a violation of this subtitle may 11 be additionally found liable for any loss or damage 12 caused by the violation. The amount of compensation for 13 such loss or damage may be awarded by the Court as 14 restitution in addition to, and recovered in the same 15 manner as, a fine." 16 Section 87. Title 24 of the Code of the Federated States of 17 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 18 11-57 and 12-14, is hereby further amended by enacting a new 19 section 904 of chapter 9 to read as follows: 20 "Section 904. Liability of operators. In any 21 proceeding under this subtitle, the act or omission of 22 any crew member of a fishing vessel or in association 23 with a fishing vessel, shall be deemed to be that of the 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 119 of 122 operator of that fishing vessel." 1 Section 88. Title 24 of the Code of the Federated States of 2 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 3 11-57 and 12-14, is hereby further amended by enacting a new 4 section 905 of chapter 9 to read as follows: 5 "Section 905. Civil liability of officers of companies. 6 (1) Except as further provided in this section, each 7 member of a partnership, officer of a corporation, firm, 8 company or any other business enterprise engaged in 9 activities governed by this subtitle shall be personally 10 liable for any violation of, or offense committed under 11 this subtitle, by any member or employee. 12 (2) It shall be an affirmative defense to liability 13 under this section for the officer to prove by a 14 preponderance of the evidence, that he used due 15 diligence to secure compliance with the subtitle or that 16 the violation or offense was committed without that 17 officer's knowledge, consent, collusion or 18 collaboration." 19 Section 89. Title 24 of the Code of the Federated States of 20 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 21 11-57 and 12-14, is hereby further amended by enacting a new 22 section 906 of chapter 9 to read as follows: 23 "Section 906. Prohibited acts - general. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 120 of 122 (1) It is a violation of this subtitle for any person 1 to: 2 (a) violate any provision, condition or 3 requirement of a permit or license issued pursuant to 4 this subtitle; 5 (b) violate any provision of a regulation 6 promulgated pursuant to this subtitle; 7 (c) violate any provision, condition or 8 requirement of an access agreement, including the 9 minimum terms required in section 404 of chapter 4 of 10 this subtitle and any agreement or arrangement 11 implementing a multilateral access agreement; or 12 (d) pursuant to section 115 of chapter 1 and 13 section 407(1)(b) of chapter 4 of this subtitle. 14 (2) Any person who has committed an act in violation 15 of subsection (1) of this section regarding: 16 (a) serious misreporting of catch; 17 (b) fishing in a closed area; 18 (c) fishing after attaining quota; 19 (d) directed fishing for a stock for which 20 fishing is prohibited; 21 (e) using prohibited fishing gear; or 22 (f) falsifying or concealing the markings, 23 identity or registration of a fishing vessel shall be 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 121 of 122 subject to a civil penalty of not less than $100,000 and 1 not more than $500,000." 2 Section 90. Title 24 of the Code of the Federated States of 3 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 4 11-57 and 12-14, is hereby further amended by enacting a new 5 section 907 of chapter 9 to read as follows: 6 "Section 907. Fishing without a valid permit. 7 (1) No person shall use any fishing vessel for, and 8 the crew and operator of any fishing vessel shall not 9 engage in, commercial or non-commercial fishing or 10 related activities in the exclusive economic zone 11 without a valid and applicable permit as required 12 pursuant to sections 103, 104 or 117 of chapter 1 of 13 this subtitle. 14 (2) Any person who commits an act in violation of this 15 section shall be subject to a civil penalty of not less 16 than $100,000 and not more than $1,000,000." 17 Section 91. Title 24 of the Code of the Federated States of 18 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 19 11-57 and 12-14, is hereby further amended by enacting a new 20 section 908 of chapter 9 to read as follows: 21 "Section 908. Engaging in drift net activities. 22 (1) No person shall engage in drift net fishing 23 activities in the fishery waters. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 122 of 122 (2) No operator of a fishing vessel entitled to fly 1 the flag of the Federated States of Micronesia shall 2 fail to require and ensure that such vessel does not 3 engage in drift net fishing activities in waters under 4 the national jurisdiction of a foreign state, in the 5 high seas, or in enclosed or semi-enclosed seas as 6 defined in the United Nations Convention. 7 (3) Any person who commits an act, or omits to act, in 8 violation of this section shall be subject to a civil 9 penalty of not less than $100,000 and not more than 10 $1,000,000." 11 Section 92. Title 24 of the Code of the Federated States of 12 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 13 11-57 and 12-14, is hereby further amended by enacting a new 14 section 909 of chapter 9 to read as follows: 15 "Section 909. Unauthorized fishing in waters under the 16 national jurisdiction of a foreign state. 17 (1) No operator of a fishing vessel entitled to fly 18 the flag of the Federated States of Micronesia shall 19 fail to require and ensure that such vessel does not 20 fish in waters under the national jurisdiction of a 21 foreign state unless duly authorized by the competent 22 authorities of the foreign state or states concerned. 23 (2) Any person who commits an act in violation of this 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 123 of 122 section shall be subject to a civil penalty of not less 1 than $50,000 or less than $1,000,000." 2 Section 93. Title 24 of the Code of the Federated States of 3 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 4 11-57 and 12-14, is hereby further amended by enacting a new 5 section 910 of chapter 9 to read as follows: 6 "Section 910. Improper stowage of fishing gear. 7 (1) No operator of a fishing vessel in the exclusive 8 economic zone shall refuse or otherwise fail to stow all 9 fishing gear in such a manner that it is not readily 10 available for use in fishing except when such fishing 11 vessel is in an area in which it is authorized to fish 12 in accordance with this subtitle. 13 (2) Any person who commits an act in violation of this 14 section shall be subject to a civil penalty of not less 15 than $50,000 and not more than $500,000." 16 Section 94. Title 24 of the Code of the Federated States of 17 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 18 11-57 and 12-14, is hereby further amended by enacting a new 19 section 911 of chapter 9 to read as follows: 20 "Section 911. Violation of marine space. 21 (1) No person shall use a vessel for entering or 22 remaining within the exclusive economic zone in 23 violation of any provision of this subtitle. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 124 of 122 (2) Any person who violates this section shall be 1 subject to a civil penalty of not less than $50,000 and 2 not more than $500,000." 3 Section 95. Title 24 of the Code of the Federated States of 4 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 5 11-57 and 12-14, is hereby further amended by enacting a new 6 section 912 of chapter 9 to read as follows: 7 "Section 912. Fishing on or near submerged reefs or 8 fish aggregating devices. 9 (1) No person shall use any foreign fishing vessel for 10 fishing within one mile of a submerged reef within the 11 exclusive economic zone, or within a two mile radius of 12 any fish aggregating device of the Government, a citizen 13 or any other body established under the laws of the 14 Federated States of Micronesia. 15 (2) Any person who commits an act in violation of this 16 section shall be subject to a civil penalty of not less 17 than $50,000 and not more than $250,000." 18 Section 96. Title 24 of the Code of the Federated States of 19 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 20 11-57 and 12-14, is hereby further amended by enacting a new 21 section 913 of chapter 9 to read as follows: 22 "Section 913. Possession, handling and sale of fish 23 unlawfully taken. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 125 of 122 (1) No person shall knowingly ship, transport, offer 1 for sale, sell, purchase, import, export or have 2 custody, control or possession of any fish taken or 3 retained in contravention of this subtitle or any access 4 agreement, permit or applicable law. 5 (2) Any person who commits an act in violation of this 6 section shall be subject to a civil penalty of not less 7 than $50,000 and not more than $250,000." 8 Section 97. Title 24 of the Code of the Federated States of 9 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 10 11-57 and 12-14, is hereby further amended by enacting a new 11 section 914 of chapter 9 to read as follows: 12 "Section 914. Destruction of evidence. 13 (1) No person shall destroy, dispose of, conceal, 14 tamper with or abandon any fish, fish product, fishing 15 gear, net or other fish appliance, record, document, 16 electric shock device, explosive, poison or other 17 noxious substance, or any other thing with intent to 18 avoid seizure or the detection of an offense against 19 this subtitle. 20 (2) Any person who commits an act in violation of this 21 section is subject to a civil penalty of not less than 22 $100,000 and not more than $500,000." 23 Section 98. Title 24 of the Code of the Federated States of 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 126 of 122 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 1 11-57 and 12-14, is hereby further amended by enacting a new 2 section 915 of chapter 9 to read as follows: 3 "Section 915. Refusal to give fish samples. 4 (1) No person in possession or apparent possession of 5 any fish or fish products shall, when requested by any 6 authorized officer or authorized observer to take fish 7 samples, fail or refuse to immediately give such 8 reasonable samples as may be required for the purposes 9 of this subtitle without payment of any kind for such 10 samples. 11 (2) Any person who commits an act in violation of this 12 section shall be subject to a civil penalty of not less 13 than $15,000 and not more than $50,000." 14 Section 99. Title 24 of the Code of the Federated States of 15 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 16 11-57 and 12-14, is hereby further amended by enacting a new 17 section 916 of chapter 9 to read as follows: 18 "Section 916. Obstruction of justice. 19 (1) No person shall interfere with, delay, or prevent, 20 by any means the apprehension or arrest of another 21 person, knowing or having probable cause to believe that 22 such person has committed any act prohibited by this 23 subtitle. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 127 of 122 (2) Any person who commits an act in violation of this 1 section shall be subject to a civil penalty of not less 2 than $40,000 and not more than $100,000." 3 Section 100. Title 24 of the Code of the Federated States of 4 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 5 11-57 and 12-14, is hereby further amended by enacting a new 6 section 917 of chapter 9 to read as follows: 7 "Section 917. Resisting arrest. 8 (1) No person shall resist a lawful arrest for any act 9 prohibited by this subtitle. 10 (2) Any person who commits an act in violation of this 11 section shall be subject to a civil penalty of not less 12 than $20,000 and not more than $50,000." 13 Section 101. Title 24 of the Code of the Federated States of 14 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 15 11-57 and 12-14, is hereby further amended by enacting a new 16 section 918 of chapter 9 to read as follows: 17 "Section 918. Contamination of the exclusive economic 18 zone. 19 (1) No person shall, directly or indirectly, 20 contaminate the exclusive economic zone in any way, 21 including by the discharge of any substance or by any 22 act or omission that is likely to cause damage to, or 23 deterioration in, the quality of the marine resources. 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 128 of 122 (2) For the purposes of this section, the following is 1 presumed to be damaging: 2 (a) non-biodegradable trash or debris; 3 (b) the discharge of a poison, chemical or 4 noxious substance, including, but not limited to, oil, 5 petroleum, solvents, metals or sewage. 6 (3) Any person who violates this section shall be 7 subject to a civil penalty of not less than $50,000 and 8 not more than $500,000." 9 Section 102. Title 24 of the Code of the Federated States of 10 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 11 11-57 and 12-14, is hereby further amended by enacting a new 12 section 919 of chapter 9 to read as follows: 13 "Section 919. Damage to fishing vessel or gear 14 belonging to another. 15 (1) No person shall recklessly, knowingly or 16 intentionally take, damage or destroy any fish, fishing 17 vessel or fishing gear belonging to another person or 18 buoy used for scientific observation. 19 (2) Any person who commits an act in violation of this 20 section shall be subject to a civil penalty of not less 21 than $40,000 and not more than $100,000." 22 Section 103. Title 24 of the Code of the Federated States of 23 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 129 of 122 11-57 and 12-14, is hereby further amended by enacting a new 1 section 920 of chapter 9 to read as follows: 2 "Section 920. Penalties for other violations of this 3 subtitle. 4 (1) Any person who commits an act in violation of any 5 provision of this subtitle, for which no civil penalty 6 is otherwise specified in this chapter or the preceding 7 chapters, shall be subject to a civil penalty of not 8 less than $40,000 and not more than $100,000." 9 Section 104. Title 24 of the Code of the Federated States of 10 Micronesia, as amended by Public Laws Nos. 10-75, 11-24, 11-26, 11 11-57 and 12-14, is hereby further amended by renumbering chapter 12 6 and chapter 7 as chapters 10 and 11 respectively. 13 14 15 16 Section 105. This act shall become law upon approval by the 17 President of the Federated States of Micronesia or upon its 18 becoming law without such approval. 19 20 21 22 , 2002 23 24 CONGRESSIONAL BILL NO. 12-57, C.D.1, C.D.2, C.D.3 PUBLIC LAW NO. 12-34 130 of 122 1 2 3 4 Leo A. Falcam President 5 Federated States of Micronesia 6 7 8 9 10 11 12 13 14 15 16 17