LAWS OF THE FEDERATED STATES OF MICRONESIA

(FSM Code Annotated 1999)

Title 18
TERRITORY, ECONOMIC ZONES, AND PORTS OF ENTRY

Chapter 3

Regulation of Foreign Vessels

Subchapter I

Entry into Territorial Waters

§ 311. Definitions.

As used in this Chapter, the following terms shall have the meanings respectively ascribed to them in this Section:

(1) "Hovering vessel" means any unlicensed vessel which is found or kept off any island, islet, atoll, or reef of the Trust Territory, within the territorial waters of the Trust Territory, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to violate any of the provisions of this Chapter or any law or regulation of the Trust Territory.

(2) "Innocent passage" means navigation through territorial waters for the purpose either of traveling it bona fide en route from one point to another on the usual course for such travel, wind and weather permitting, without entering inland waters, or of proceeding to inland waters at a point of entry, or of making for the high sea from inland waters, and includes stopping or anchoring only if incidental to ordinary navigation or in an emergency.

(3) "Territorial waters" means the waters of the Territorial Sea as defined and described in Section 102 of this Title.

(4) "Unlicensed vessel" means any vessel not operating under license, grant, or express permission of the High Commissioner of the Trust Territory, except public vessels of the United States traveling under proper orders and not engaged in commercial activities, outrigger vessels of all kinds, and vessels propelled by outboard motors.

Source: FSM Code (1982).

§ 312. Permission to enter territorial waters.

Except for innocent passage, stress of weather, or force majeure, it shall be unlawful for any unlicensed vessel to enter or remain within the territorial waters of the Trust Territory without first receiving permission therefor from the High Commissioner or a District Administrator in accordance with provisions of Chapter 2 of this Title, and regulations issued pursuant thereto.

Source: FSM Code (1982).

§ 313. Innocent passage.

Nothing in this Chapter shall be construed as limiting the right of innocent passage through the territorial waters of the Trust Territory. Passage is not innocent when any vessel makes use of the territorial waters of the Trust Territory for the purpose of doing any act prejudicial to the security, public policy, or economic interests of the Trust Territory.

Source: FSM Code (1982).

§ 314. Examination of unlicensed vessels.

The District Administrators or their duly authorized representatives may at any time go on board any unlicensed vessel found within the territorial waters of the Trust Territory and, if there is reason to suspect that such vessel is violating any laws or regulations of the Trust Territory, may examine the manifest and other documents and papers, and inspect and search the vessel and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel, and use all necessary force to compel compliance.

Source: FSM Code (1982).

§ 315. Examination of hovering vessels.

(1) Any hovering vessel found within the territorial waters of the Trust Territory may at any time be boarded and examined by any District Administrator or his duly authorized representative who may examine, upon oath, the master or other person having the command or charge of such vessel respecting the cargo and voyage of the vessel and may also bring the vessel into the most convenient port of the Trust Territory to examine the cargo. If the master or other person having the command or charge of such vessel refuses to comply with the lawful directions of such officer, or does not truly answer such questions as are put to him respecting the vessel, its cargo, or voyage he shall be liable as provided in Section 317 of this Title.

(2) If upon examination of any such vessel, its master, officers, crew members, passengers, or cargo by any proper officer, sufficient evidence is found to satisfy the inspecting officer that any such person has been engaged in any unlawful act within the territorial waters of the Trust Territory or is actively planning to engage in such unlawful act, the vessel and the persons so engaged shall be subject to the penalties provided by Section 317 of this Chapter or other applicable laws of the Trust Territory.

Source: FSM Code (1982).

§ 316. Unlawful acts.

It shall be unlawful for any vessel to engage within the territorial waters of the Trust Territory in fishing, the harvesting of trochus, the removal of scrap iron, or animal, vegetable, marine, or mineral resources without authorization by an officer or agent of the government of the Trust Territory.

Source: FSM Code (1982).

§ 317. Penalty for violations; Seizure and forfeiture of vessel.

(1) If any owner, master, person, company, corporation, charterer, any party to a charter agreement, or other person having command or charge of a vessel fails to comply with the provisions of this Chapter or obstructs or interferes with the exercise of any powers conferred by this Chapter, or engages in any unlawful act under this Chapter, he shall be fined not more than $50,000, or imprisoned not more than 2 years, or both.

(2) Any vessel involved in the commission of unlawful acts, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the Trust Territory as provided in Subchapter II of this Chapter.

Source: FSM Code (1982).

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