|DRAFT CSC, Title 25. Maritime & Marine Resources|
State Fishery Zone
§ 1001. Short title.
§ 1002. Purpose.
§ 1003. Definitions.
§ 1004. Application of this Act.
§ 1005. Baseline system defined.
§ 1006. State Fishery Zone.
§ 1007. Submerged Reefs.
§ 1008. Truk Maritime Authority.
§ 1009. Foreign Fishing Permitted.
§ 1010. Foreign Fishing Agreements.
§ 1011. Prohibited Acts.
§ 1012. Civil Penalties.
§ 1013. Criminal Penalties.
§ 1014. Forfeitures.
§ 1015. Fees.
§ 1016. Enforcement.
§ 1017. Severability.
Source: TSL 5-92, § 1, modified.
Editor's note: TSL 5-92 that created this Chapter was signed into law by the Governor on April 5, 1984.
The purpose of this
Source: TSL 5-92, § 2, modified.
As used in this
(1) "Atoll" , means a circular or oval coral reef forming a geographic and ecologic unit
(2) "Authority" , means the Truk Maritime Authority established by Truk State Law No. 3-44;
(3) "Chairman" , means the Chairman of the Board of the Truk Maritime Authority;
(4) "Fish" , means any living resource;
(5) "Fishery" , means:
(a) one or more stocks of fish which can be treated as a unit for purpose of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and
(b) any fish for such stocks.
(6) "Fishing" , means:
(a) the actual or attempted catching, taking or harvesting of fish;
(b) any other activity which can reasonably be expected to result in the catching, taking or harvesting of fish; or
(c) any operations at sea in support of or in preparation for, any activity described in paragraphs (a) and (b) above.
(7) "Fishing Vessel" means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type that is normally used for:
(a) Fishing, and
(b) Aiding or assisting one or more vessels at sea in the performance of any activity related to fishing, including but not limited to, preparation, supply, storage, refrigeration, transportation of processing.
(8) "Foreign Fishing Agreement" means an agreement between the Authority on behalf of the Government of the State of Chuuk
(9) "Foreign Fishing" means fishing by vessels:
(a) Not registered in Chuuk
(b) Not wholly owned by citizens of Micronesia; or
(c) Not wholly controlled by citizens of Micronesia; or
(d) Of foreign registry chartered by citizens of Micronesia.
(10) "Island" means a naturally formed area of land, surrounded by water, which is above water at high tide;
(11) "Living resources" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine birds;
(12) "Manager" , means the Manager of the Truk Maritime Authority;
(13) "Micronesia" means the Federated State of Micronesia;
(14) "Person" means any individual, corporation, partnership, association, or other entity, the Government of the Federated States of Micronesia or the Government of Chuuk
(15) "Reef fish" means any species of living resources which predominately inhabits reef areas or internal waters;
(16) "State" , means the State of Truk;
(17) "Stock of fish" means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit;
(18) "Submerged reef" means a coral reef forming a geographical and ecologic unit which is wholly submerged at high tide.
Source: TSL 5-92, § 3, modified by putting terms into alphabetical order and renumbering accordingly.
The provisions of this
Source: TSL 5-92, § 4, modified.
A baseline is a continuous line which encircles an island or atoll. The baseline from which the zones designated in this
(1) The baseline of an island or portion of an island lacking a barrier reef, fringing reef, or other reef system is the low water line of the islands as marked on large scale charts
(2) The baseline of an atoll or island or portion of an island having a barrier reef, fringing reef, or other system is a line following the contour of the seaward edge of the reef system, which line connects those outermost elevations of the reef which are above water at low tide, and which line exists as marked on large scale charts officially recognized by the Government of the Federated States of Micronesia and Government of the State of Chuuk
(3) Notwithstanding the above measurement, this whole law is only applicable immediately beyond the continental shelves for these islands having a barrier reef.
Source: TSL 5-92, § 5, modified.
Source: TSL 5-92, § 6, modified.
Traditionally recognized fishing rights over submerged reef wherever located within the State Fishery Zone and internal waters shall be preserved and respected.
Source: TSL 5-92, § 7.
In addition to duties and powers prescribed by Truk State Law No. 3-44, the Authority shall have the following duties, functions and authority:
(1) To adopt regulations for the conservation, management and exploitation of all living resources in the State Fishery Zone and internal waters;
(2) To negotiate and conclude foreign fishing agreements in accordance with Section1010 of this
(3) To issue foreign fishing permits in accordance with procedures established by the Authority or regulations promulgated pursuant to this
(4) To require all foreign vessels to possess a permit before fishing in the State Fishery Zone; and
(5) To rebate according to regulation approved by the Authority all or a portion of a fee collected pursuant to Section 1010
Source: TSL 5-92, § 8.
No foreign fishing regulated pursuant to the provisions of this
Source: TSL 5-92, § 9, modified.
(1) Each foreign fishing agreement shall acknowledge the exclusive fishery management authority of the Government of Chuuk
(2) In negotiating foreign fishing agreements, the authority shall seek substantial agreement by the foreign parties to the following terms and conditions:
(a) The foreign party and the owner or operator of any fishing vessel fishing pursuant to such foreign fishing agreement will abide by the agreement that:
(i) Any officer authorized to enforce the provisions of this
(ii) Such officer shall also be permitted to examine and make notations on the permit issued pursuant to Section 1010
(iii) The permit issued for any such vessel pursuant to Section 1010
(iv) Appropriate position-fixing and identification equipment shall be installed and maintained in working order on each such vessel;
(v) Duly authorized state observers shall be permitted on board any such vessel and that the Government of Chuuk
(vi) Agents shall be appointed and maintained within Chuuk
(b) The foreign party and the owners or operators of all of the fishing vessels of such party shall not, in any year, exceed such party's allocation of the total allowable level of foreign fishing established by the Authority.
(c) Foreign parties will:
(i) apply, pursuant to Section 1010
(ii) deliver promptly to the owner or operator of the appropriate fishing vessels any permit which is issued under that Section for such vessel;
(iii) abide by the requirement that no foreign fishing will be permitted in the State Fishery Zone without a valid and applicable permit, and that all conditions and restrictions of the permit are complied with; and
(iv) abide by the prohibi
(3) Each foreign party entitled to permits in accordance with its foreign fishing agreement shall application on forms prescribed by the Authority specifying inter alia:
(a) The name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof;
(b) The tonnage, capacity, speed processing equipment, type and quantity of fishing gear, and such other pertinent information with respect to characteristics of each such vessel as the Authority may require;
(c) The amount of fish or tonnage of catch contemplated for each such vessel during the time such permit is in force and as required by the foreign fishing agreement; and
(d) The ocean area which, and the season or period during which, such fishing will be conducted as required by the foreign fishing agreement.
(4) Upon receipt of an application, including an application for rebate of a fee, the manager shall transmit copies to each member of the Authority.
(5) The Authority shall review the application, solicit views from appropriate persons in the State, hold public hearings where necessary, and may approve the application on such terms and conditions and with such restrictions as the Authority deems appropriate.
(6) If the Authority does not approve the applications submitted by the foreign party, the chairman shall notify such foreign party of the disapproval and the reasons therefor. After taking into consideration, the reasons for disapproval, the foreign party may submit a revised application.
(7) Fees and other forms of compensation for the right to exploit living resources within the State Fishery Zone shall be established in the agreement.
(8) Upon notification by the foreign party of acceptance of the terms, conditions, and restrictions on the applications and permit, the chairman shall issue the permit.
(9) If any foreign fishing vessel for which a permit has been issued pursuant to this Section has been used in the commission of any act prohibited by this
(a) revoke such permit with or without prejudice to the right of the foreign party involved to obtain a permit for such vessel in any subsequent year; or
(b) suspend such permit for the period of the time deemed appropriate; or
(c) impose additional conditions and restrictions on the approved application of the foreign party involved and on any permit issued under such application.
(10) Notwithstanding any other provisions of this
Source: TSL 5-92, § 10, modified.
(1) It is unlawful for any person:
(a) to violate any provisions of this
(b) to use any fishing vessel to engage in fishing after revocation, or during the period of suspension, of an applicable permit issued pursuant to this
(c) to violate any provision of, or regulation under, an applicable foreign fishing agreement entered into pursuant to this
(d) to refuse to permit any officer authorized to enforce the provisions of this
(e) to forcibly assault
(f) to resist a lawful arrest for any act prohibited by this Section;
(g) to knowingly ship, transport, offer for sale, sell, purchase, import, to have custody, control or possession of any fish taken or retained in violation of this
(h) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such person has committed any act prohibited by this Section.
(2) It is unlawful for any foreign fishing vessel, and for the crew, owner or operation of any foreign fishing vessel, to engage in fishing in the Fishery Zone or internal waters unless such fishing is authorized by and conducted in accordance with a valid and applicable fishing permit issued pursuant to Section 1010
Source: TSL 5-92, § 12, modified.
(1) Any person who is found in a civil proceeding to have committed an act prohibited by Section 1011
(2) The State Attorney General is authorized to initiate all proceedings under this Section and to recover the amount assessed as a civil penalty. The proceeds of civil penalties shall be deposited in the General Fund of the Legislature.
Source: TSL 5-92, § 13, modified.
(1) A person is guilty of an offense if he commits any act prohibited by Section 1011
(2) Any offense described as a prohibited act by Section 1011
(3) Any offense described as a prohibited act by Section 1011
(4) Any offense described as a prohibited act by Section 1011
Source: TSL 5-92, § 14, modified.
(1) Any fishing vessel including its fishing gear, furniture, appurtenance, stores, and cargo used, and any fish taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by Section 1011
(2) A court of competent jurisdiction in the State shall have jurisdiction, upon application by the State Attorney General on behalf of the Government of Chuuk
(3) If a judgment is entered for the Government of Chuuk
(4) The forfeited vessel, gear, furniture, appurtenances, stores, cargo, and fish may be sold and proceeds deposited in the General Fund of the State, or may be retained for use by, or at the direction of, the Government of Chuuk
(5) Pending completion of the civil forfeiture proceeding, the seized vessel, gear, furniture, appurtenances, stores, cargo and fish, or any part thereof, may be discharged at the discretion of the court upon deposit with the court of a satisfactory bond or other security property. Such bond or other security shall be conditioned upon such person delivering such property to the appropriate court upon order thereof, without any impairment of its value, or paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court.
(6) Any fish seized pursuant to this
(7) For purpose of this
Source: TSL 5-92, § 15, modified.
Fees collected by the Authority pursuant to Section 1010
Source: TSL 5-92, § 16.
(1) Primary responsibility for the enforcement of this
(2) Any officer who is authorized and appointed by the State Attorney General to enforce the provisions of this
(a) with or without warrant or other process:
(i) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by Section 1011
(ii) board, and search or inspect any fishing vessel which is subject to the provisions of this
(iii) seize any fishing vessel used or employed in, or when it reasonably appears that such vessel was used or employed in, the violation of any provisions of this
(iv) seize any fishing gear, furniture, appurtenances, stores, cargo, and fish in the possession of a fishing vessel seized pursuant to authority granted by Sub-paragraph (iii) of this paragraph; and
(v) seize any other evidence related to any violations of any provision of this
(b) execute any warrant or other process issued by any court of competent jurisdiction; and
(c) exercise any other lawful authority.
Source: TSL 5-92, § 17, modified.
If any provision of this
Source: TSL 5-92, § 18, modified.