DRAFT CSC, Title 25.  Maritime & Marine Resources
 
CHAPTER 9
Dynamiting Fish Prohibited

1801.  Prohibition.
1802.  Seizure.
1803.  Confiscation.
1804.  Unlawful acts - Exception.
1805.  Penalty.

      1801.  Prohibition.
     It shall be unlawful for any person to use a canoe, boat or motor for the purpose of diving for, selling, purchasing, or possessing fish which have been caught by the illegal use of dynamite or other explosives.

Source:  9 TDC 1 (TDL 18-3, 1; April 9, 1969).

      1802.  Seizure.
     If the Chuuk State district police or the any Chuuk State district conservation officers have reasonable grounds to believe that a violation of this Chapter has been or is being committed, they may seize and take control over any such canoe, boat, or motor used in violation of this Chapter.

Source:  9 TDC 2 (TDL 18-3, 2; April 9, 1969), modified.

      1803.  Confiscation.
     Upon a judgment by the Chuuk State District Court that a violation of Section 1801 of this Chapter has occurred, the District police shall seize, if they have not done so as provided in Section 1802 of this Chapter, the canoe, boat, or motor used in violation, and the same shall become the property of the Chuuk State Trust Territory Government which shall hold a public auction to dispose of such confiscated property.  The proceeds of such auction shall be paid into the Chuuk State Trust Territory Treasury; Provided, however, that upon proof of partial or sole ownership of the confiscated property by a person whom the State District Government fails to prove criminally involved in the violation which resulted in the confiscation, such person shall be entitled to a percentage of the proceeds from the sale of such property equivalent to the percentage of his ownership therein.

Source:  9 TDC 3 (TDL 18-3, 3; April 9, 1969), modified.

      1804.  Unlawful acts - Exception.
     It shall be unlawful for any person knowingly and wilfully to dive for, sell, purchase or possess fish caught by dynamite or other types of explosives, except as provided in Section 1, Chapter 1, Title 45 of the Trust Territory Code.

Source:  9 TDC 4 (TDL 18-3, 4; April 9, 1969).

      1805.  Penalty.
     Any person convicted of violating Section 1804 of this Chapter shall be imprisoned for a period of not more than six months, or fined not more than one hundred dollars, or both such imprisonment and fine.

Source:  9 TDC 5 (TDL 18-3, 5; April 9, 1969).