Presidential Decree to amend the National COVID-19 Pandemic National Public Health Emergency in order to provide temporary measures with respect to the transshipment activities at designated transshipment areas in the FSM (R.A. 11/2020)
Made 2020-04-03 · Text as of 2026-10-01
Public law and official guidance, published as research. Not legal, tax or financial advice.
About this law
- Language
- English
- Kind
- Regulation
- Country
- Micronesia
- Subjects
- Food and nutrition, Fisheries and aquaculture, Sea, General
- Keywords
- hazards, coronavirus disease (COVID-19), public health, marine fisheries, landing, transshipment, fishing authorization, enforcement/compliance, offences/penalties, fishery management and conservation, authorization/permit, food safety and quality, vending, fish products, internal trade, navigation
Where to read it
No source link is recorded for this law.
Text
The law's own text, section by section, as held. Each section has its own link.
1. With the exception of transshipment activities in Kosrae by purse seine fishing vessels and of activities falling under #2 hereof, all transshipment activities are to be carried out in a designated transshipment area to be identified by the National Oceanic Resource Management Authority (NORMA). A designated transshipment area will be in the territorial waters beyond the three nautical miles zone from baselines. NORMA shall issue appropriate guidelines regulating the transshipment.
2. Longline (LL) fishing vessels are allowed to come to port for transshipment purposes, subject to the additional measures established by NORMA for the avoidance of COVID-19, and observing the following guidelines: a. Fresh LL fishing vessels are allowed to transship at port; provided, that there shall be no contact at anytime prior to the transshipment. b. Frozen LL fishing vessels are allowed to transship at port; provided, that the fishing vessels observe the 14 days quarantine at sea, and that no crewmembers are allowed to disembark at port. The 14-day quarantine is counted from the date of last contact. COVID-,... 19 Decree Page 2 c. For the purpose of #2 hereof, and any part of this decree where its application is deemed relevant, "contact" refers to human interaction of less than four (4) feet between a crewmember of one fishing vessel, a crewmember of another fishing vessel, or any other human-to-human contact external to fishing vessel operations. d. Bartering, trading and local sale of fish are prohibited. No person is allowed to approach (in the transshipment and Anchorage area) any fishing vessel, or have any contact therewith, at anytime during the effective period of this decree.
3. Domestic fishing vessels are allowed to call port in the FSM States for repair, maintenance and provisioning purposes at the Anchorage area, and shall remain there in the Anchorage area during repairs, maintenance and provisioning. For the purpose of this paragraph, domestic fishing vessels are fishing vessels that are flagged in the FSM or have a base of operation anywhere in the FSM States.
4. With respect to transshipment at sea, Immigration and Customs clearance procedures shall be conducted electronically with the intention of avoiding or minimizing contact. For the duration of this emergency procedure concerning transshipment at sea, Quarantine procedures are suspended until further notice.
5. Transshipment at sea shall be monitored thoroughly by the relevant national department or agency, in particular, Department of Justice (DOJ) and NORMA, to ensure compliance with this directive. NORMA and DOJ, on behalf of the National Emergency Task Force, shall coordinate with the State authorities to ensure that the transshipment activities are not unduly delayed or interfered with by any State-mandated procedures.
6. It is part of the requirement that 72 hours prior to transshipment, notice shall be provided in advance to NORMA and DOJ using applicable forms of reporting. Included in the notice are the body temperatures of all the crewmembers of the fishing vessels intending to transship, taken at 24-hour intervals prior to transshipment. (72 hours, 48 hours, and 24 hours). Information on body temperatures may be shared with the State authorities for health assessment and coordination purposes. (B) The restriction set out in Section (A) of this decree is a temporary emergency measure, which shall remain in effect until further notice. (C) Any violation of this decree shall be subject to penalty set by law pursuant to 11 F.S.M.C. §803. The Secretary of Justice is ordered to take measures under law to ensure the enforcement of this decree. SO ORDERED. �d;u; President FSM Requirements for Port Call & Transshipment The following provide 1) the outline of the Decree, 2) the data fields required to be provided along with the 72 hours notification and 3) the maps designating areas for at-sea transshipment in the FSM. A. Outline of Transshipment Decree Offloading in port
1. Entry into the Kosrae ports by both PS and LL is permitted provided catch is to be landed or offloaded.
2. Only longline vessels (fresh and frozen) are permitted to enter into Pohnpei port to offload their catch.
3. Port entry and offloading for Fresh LL is allowed subject to the condition: a. No contact with any other vessels at sea at any time prior to transshipment.
4. Frozen LL is allowed subject to the following conditions: a. It meets the 14-day quarantine at sea (14-day quarantine at sea is counted from the date of last contact or date of departure from the last port call); b. No crew disembark at transshipment port.
5. Domestic Fishing Vessels (fishing vessels with base of operation in FSM or FSM flag vessels) may call at the anchorage area only for purposes of repair, maintenance and provision and shall remain in the anchorage area. Transshipment at Sea
1. All transshipment at sea shall be carried out in a designated area beyond 3 nautical mile zone from baseline.
2. The designated areas for transshipment at sea are shown on Map-1, Map-2, Map-3 and Map-4 for Kosrae, Pohnpei, Chuuk and Yap respectively.
3. Immigration and Customs clearance shall be conducted electronically.
4. Quarantine clearance is temporarily suspended for transshipment at sea. 5. 72-hours prior notice to transshipment is required and shall be provided to DOJ and NORMA using applicable forms of reporting. 6. 72-hours prior notice of transshipment shall include the record of body temperature of all crewmembers taken at 24-hour intervals prior to transshipment (72 hrs., 48 hrs., 24 hrs.)
7. Bartering, trading and local sale of fish are prohibited. No person is allowed to approach to (the transshipment and anchorage area) any fishing vessel, or have any contact therewith, at anytime during the effective period of this decree.
8. In addition to the measures outlined above, Section B: Guideline and Data Requirement for Port Call or Transshipment below provides guidelines for transshipment at sea. Penalty Any violation of this decree shall be subject to penalty set by law pursuant to 11 F.S.M.C. §803. The Secretary of Justice is ordered to take measures under law to ensure the enforcement of this decree B. Guideline and Data Requirement for Port Call or Transshipment Required additional information to accompany 72-hour notice of transshipment or port calls are:
1. Record of Body Temperature of all crewmembers Temperatures of all crews are to be taken and recorded in the table below. This is to be done at the interval of every 24 hours starting 72 hours prior to arrival of the vessel into the area it is permitted to enter, either into port or designated transshipment area. It is to be transmitted immediately following its completion. Table 1: Health Declaration Form Crew Name (Last Name, First Name) Body Temperature Reading
2. Last port of call/date (e.g. Last Port Call Certificate)
3. Provide the name of the Country and the Departure Date (MM/DD/YYYY), if vessel came from a COVID-19 infected country.
4. Provide the following if Contact at sea occurred during its trip: • Date (MM/DD/YYYY) and Time (GMT) • Location (Longitude|Latitude) • Type of Activity (e.g. Bunkering, Crew Exchange, Spare Part Exchange, Provisioning, Net Sharing and etc. • Name of other Vessel(s), IRCS, FFA-VID and Gear Type • Voyage Memo of all vessels involved
5. Provide the following if contact at sea involved crew exchange: • Copy of Passport (e.g. bio-page) • Full Names (Last Name, Middle, First)
6. Provide the following if crew exchange/pick up occurred in a port of a not infected COVID- 19 country: 2 • Indicate if the crew transited/originated from a COVID-19 infected Country or Port • If yes, provide the name of the countries and the dates (MM/DD/YYYY) • Historical Exchange Crew 3 20°0.000′ 5°0.000′E 10°0.000′E 15°0.000′E 20°0.000′E 25°0.000′E Legend MAP-1: Designated Transshipment Area for Kosrae Baseline Kosrae + 3M Kosrae + 12M Designated Transshipment Area 15°0.000′N 15°0.000′N (Beyond 3M up to 12M) 10°0.000′N 10°0.000′N Kosrae 5°0.000′N 5°0.000′N 5°0.000′E 10°0.000′E 15°0.000′E 20°0.000′E 25°0.000′E 0°0.000′ 0°0.000′ 5°0.000′E 10°0.000′E 15°0.000′E 20°0.000′E 25°0.000′E Legend Baseline MAP-2: Designated Transshipment Area for Pohnpei Pohnpei_Ant_Pakin + 3M Pohnpei_Ant_Pakin + 12M 15°0.000′N 15°0.000′N Pakin Designated Transshipment Area (Beyond 3M up to 12M) 10°0.000′N 10°0.000′N Pohnpei Ant 5°0.000′N 5°0.000′N 5°0.000′E 10°0.000′E 15°0.000′E 20°0.000′E 25°0.000′E 2°0.000′E 7°0.000′E 12°0.000′E 17°0.000′E 22°0.000′E 27°0.000′E MAP-3: Designated Transshipment Area for Chuuk 17°0.000′N 17°0.000′N Legend Designated Transhipment Area (Beyond 3M up to 12M) Baseline Chuuk + 3M Chuuk + 12M 12°0.000′N 12°0.000′N Chuuk 7°0.000′N 7°0.000′N 2°0.000′N 2°0.000′N 2°0.000′E 7°0.000′E 12°0.000′E 17°0.000′E 22°0.000′E 27°0.000′E 5°0.000′E 10°0.000′E 15°0.000′E 20°0.000′E 25°0.000′E Legend MAP-4: Designated Transshipment Area for Yap Baseline Yap + 3M Yap + 12M 15°0.000′N 15°0.000′N Designated Transshipment Area (Beyond 3M up to 12M) Yap 10°0.000′N 10°0.000′N 5°0.000′N 5°0.000′N 5°0.000′E 10°0.000′E 15°0.000′E 20°0.000′E 25°0.000′E