FSMC, TITLE 24.  MARINE RESOURCES
 
 
 
Chapter 3:  Management Authority

301.    Micronesian Fisheries Authority Established.
302.    Authority; Regulations.
303.    Duties and functions.
304.    Executive director.
305.    Compensation.
306.    Annual report.

      301.  Micronesian Fisheries Authority Established.

   (1)  There is established a Micronesian Fisheries Authority composed of five members appointed as follows:

   (a)  one representative of each State appointed by the President of the Federated States of Micronesia, in consultation with the Governor and with the advice and consent of the Congress as provided in article X, section 2(d) of the Constitution; PROVIDED, however, that no such representative shall also serve as a member of the Board of Directors of the National Fisheries Corporation of the Federated States of Micronesia, or any subsidiary or affiliate thereof, during the term of his membership on the Authority; and

   (b)  one at-large member appointed by the President of the Federated States of Micronesia, with the advice and consent of the Congress, as provided in article X, section 2(d) of the Constitution.

   (2)  All appointments shall be for a term of two years.  The term of office of each original member shall commence effective the date of the first meeting of the Authority after the effective date of this act.  Upon the expiration of the term of an appointed member, his rights and powers of membership shall lapse and the executive director shall declare the vacancy and notify the President of the Federated States of Micronesia in writing of such vacancy. Vacancies occurring before the expiration of a member's term shall be filled in the same manner as the original appointment for the remainder of the term of office of the vacancy.

   (3)  The chairman shall be chosen by the majority vote of the members of the Authority.  The Authority shall meet at such times and places as may be designated by the chairman or by the Authority.  The Authority shall adopt its own rules of procedure and regulations by majority vote.

Source:  COM PL 7-71 1; PL IC-3 9; TT Code 1980, 52 TTC 101(1); PL 1-34 6; PL 3-10 1; PL 6-11 24; PL 11-57 2.

Editors note:  PL 11-57 contained a transition clause that read as follows:

Section 3.  Nothing in this act shall be deemed to do away with, abrogate, or invalidate any act or transaction of the Authority made in reference to its previous name, after the effective date of this act.  Any reference to the prior name of Micronesian Maritime Authority in any other law, communication, document, record, agreement, and so forth, shall mean, or be construed as referring to, the Micronesian Fisheries Authority.  To this end, such acts, transactions, documents, or references shall be valid as acts, transactions, or documents of, or references to, the Micronesian Fisheries Authority.

      302.  Authority; Regulations.

   (1)   The Authority shall have the following authority:

   (a)   to adopt regulations for the conservation, management, and exploitation of fish in the exclusive economic zone;

   (b)   to conclude foreign and domestic-based fishing agreements in accordance with sections 401 and 406 of this title;

   (c)   to issue domestic, domestic-based, and foreign fishing permits in accordance with procedures prescribed by the Authority or regulations promulgated pursuant to subsections (1)(a) and (2) of this section; and

   (d)   to participate in the planning and execution of programs relating to fisheries, or fishing in the exclusive economic zone in which a State government or the Government of the Federated States of Micronesia, or any agency or subdivision thereof, has a proprietary interest, direct or indirect, by way of stock ownership, partnership, joint venture, or otherwise.

   (2)   Regulations adopted by the Authority shall have the full force and effect of law.

Source:  COM PL 7-71 1; PL IC-3 9; TT Code 1980, 52 TTC 101(1); PL 1-34 6; PL 3-10 2; PL 6-11 25.

Case annotations:  Regulation of the Exclusive Economic Zone rests exclusively with the Micronesian Maritime Authority, 24 FSMC 301-02.  FSM v. Kotobuki Maru No. 23 (I), 6 FSM Intrm. 65, 69 (Pon. 1993).

      303.  Duties and functions.
     In addition to the authority granted in the preceding section, the Authority shall have the following duties and functions:

   (1)   to provide technical assistance in the delimitation of the exclusive economic zone in accordance with section 107 of title 18;

   (2)   to negotiate domestic-based and foreign fishing agreements in accordance with sections 404 and 406 of this title;
 
   (3)   to issue permits for fishing in the Territorial Sea or internal waters of a State as authorized pursuant to section 117 of this chapter;

   (4)   to submit its budget and a report regarding the expenditure of its funds to the Congress each regular session for review; and

   (5)   to perform such other duties and functions as may be necessary to carry out the purposes of this title.

Source: COM PL 7-71 1; PL 7-134 1; TT Code 1980, 52 TTC 101(2); PL 1-34 7; PL 3-10 3; PL 6-11 26.

Editors note:  Section 107 of title 18 that is referred to in subsection (1) of this section is currently on Regulations.  Former section 107 was on Delimitation and read as follows:

107.  Delimitation.
 
(1) The Government of the Federated States of Micronesia and the United States Government shall cooperate in the delimitation of the Micronesian extended fishery zone when it overlaps a zone of national jurisdiction of another nation.
 
(2) The boundary between the extended fishery zone established herein and the fishery zones of Palau and the Marshall Islands shall be established by agreement between the Government of the Federated States of Micronesia and the Governments of Palau and the Marshall Islands.

      304.  Executive director.
     The Authority shall employ a full-time executive director possessing such qualifications as may be established by the Authority.  The Authority may employ such other staff as it may deem necessary.

Source:  COM PL 7-71 1; PL 7-134 1; TT Code 1980, 52 TTC 101(3); PL 1-34 8.

      305.  Compensation.

   (1)   Members of the Authority who are neither employees nor officials of the Government of the Federated States of Micronesia or any State government shall be compensated at the rate of $35 dollars per day when actually on the business of the Authority.

   (2)   All members of the Authority, including members who are employees or officials of the Government of the Federated States of Micronesia or of any State government, shall receive per diem and travel expenses at established Federated States of Micronesia rates while on the business of the Authority.

   (3)   The executive director shall receive a remuneration for his services, the amount of which shall be fixed by the Authority in consonance with the pertinent provisions of the current annual budget of the Government of the Federated States of Micronesia.  The executive director shall serve at the pleasure of the Authority and shall be exempt from the provisions of the National Public Service System Act, section 111 et seq. of title 52 of this code.

Source:  COM PL 7-71 1; COM PL 7-134 1; PL IC-3 9; TT Code 1980, 52 TTC 101(4); PL 1-34 9; PL 3-10 4; PL 6-11 27.

Cross-reference:  Title 52 of this code is on Public Employment.

      306.  Annual report.
     The chairman of the Authority shall report on its activities to the President of the Federated States of Micronesia, the Speaker of the Congress of the Federated States of Micronesia, and each State governor by December 1 of each year, which report shall contain a detailed accounting of the expenditure of funds of the Authority, the number of permits and licenses issued, the fees, forfeitures, and fines collected, estimates of the effect of the current level of fishing on the stock of fish in the exclusive economic zone, and such other information regarding the implementation of this title in the preceding fiscal year as the Authority may determine.

Source:  COM PL 7-71 1; COM PL 7-134 1; PL IC-3 9; TT Code 1980, 52 TTC 101(5); PL 3-10 5; PL 6-11 28.
                                                                                                                                                                                                                                                                                                           
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