Title 14

Title 14. THE SEA AND TRANSPORTATION

Part I. Provisions of General Applicability

Chapter 1. Ports of Entry

Section 14.101. Ports of entry. A vessel enters State waters at Okat or Lelu harbors. An aircraft lands in the State at the Okat airfield. The person in command of a vessel or aircraft which enters or lands in distress immediately notifies the Governor. If the Governor finds that a vessel or aircraft endangers the public health, safety or welfare he may deny its entry into the State or State waters, order its departure from the State or State waters, or subject its stay in the State or State waters to conditions or requirements. The Attorney General provides by regulation for an order made pursuant to this chapter, for port control, and for use of dock and airport facilities.

Section 14.102. Manifest. The person in command of a vessel entering State waters submits to the Governor a sworn manifest showing:

(1) the vessel's name, description, build, true measure or tonnage, and the port to which the vessel belongs;

(2) a detailed account of all merchandise on the vessel;

(3) an account of the vessel's sea stores and ship's stores;

(4) the names of a crew member and passenger aboard the vessel; and

(5) the purpose of entry and approximate duration of stay in State waters.

Section 14.103. Ship pilot. By regulation the Governor provides for the:

(1) State waters in which a vessel may not operate without a State licensed ship pilot;

(2) the testing and registration of ship pilots; and

(3) the functioning and compensation of ship pilots.

Section 14.104. Port and Dock Fees. The Department of Administration and Finance or its designee collects the following fees from masters and agents of vessels using the ports and docks in the State of Kosrae:

(1) Entry Fee

(a) $0.15 per gross registered ton for vessels of specified tonnage;

(b) $2.00 per foot or fraction thereof as measured from bowsprit to stern for yachts, sailboats, pleasure crafts and other vessels of unspecified tonnage;

(2) Anchorage Fee

(a) $0.05 per gross registered ton per 24 hours or fraction thereof for vessels of specified tonnage;

(b) $25.00 for yachts, sailboats, pleasure crafts and other vessels of unspecified tonnage; except if such vessels anchor less than 24 hours the anchorage fee shall be $10.00;

(3) Dockage Fee

(a) $0.09 per gross registered ton per 24 hours or fraction thereof for vessels of specified tonnage;

(b) $50.00 per 24 hours or fraction thereof for yachts, sailboats, pleasure crafts and other vessels of unspecified tonnage; except if such vessels remain at the dock less than 24 hours the dockage fee shall be $25.00;

(4) Wharfage Fee

(a) $0.25 per revenue ton for cargo conveyed over the dock.

The dockage fee prescribed in Section 14.104(3) does not apply to vessels docked at or using the small boat marinas in Lelu, Tafunsak, and Utwe. This section does not apply to locally based non-commercial fishing vessels and outrigger vessels; vessels wholly owned by the Government, by Kosrae domiciliaries, or by the Government and Kosrae domicilaries jointly; and military and law enforcement vessels. The Director of [~~Finance~~] Administration and Finance establishes regulations for the collection of entry, anchorage, dockage, and wharfage fees.

Background

Added by State Law 5-157 and amended by State Law 5-175. Further amended by State Law 7-1.

Chapter 2. Inspection

Section 14.201. Inspection. Upon entering the State or State waters a vessel or aircraft and its contents, and a passenger and his possessions entering the State are subject to Government inspection in the enforcement of law. Goods in transshipment are subject to Government inspection unless accompanied by documentation which shows their contents and the meeting of inspection standards at their place of origin.

Section 14.202. Manifest; itinerary. Upon Government request a person in command of a vessel or aircraft provides the Government a manifest of contents and the itinerary of the vessel or aircraft.

Section 14.203. Refusal of entry. The Government may refuse the entry of, or confiscate, an animal or plant suspected of bearing disease or harmful infestation or infection.

Section 14.204. Introduction of animals or plants. A person wanting to bring into the State a species of animal or form of plant life not at that time in the State applies for permission to the Department of Agriculture, Land and Fisheries which provides by regulation for standards for exclusion and states an excluded animal or plant.

Background

Amended by State Law 7-1.

Section 14.205. In-transit matter. An animal or plant remains on a vessel or aircraft until admitted by the Government for inspection or entry. Transfer from one vessel or aircraft to another is under Government direction.

Section 14.206. Disposition. Matter which a person attempts to bring into the State in violation of law or regulation established is subject to seizure by the Government for appropriate disposition pursuant to regulation of the Department of Agriculture, Land and Fisheries.

Background

Amended by State Law 7-1.

Section 14.207. Spraying. A vessel or aircraft entering the State and known or reasonably suspected by the Government to have an insect or other agricultural pest is subject to spraying with insecticides or other treatment in the Government's discretion in accordance with regulations of the Department of Health Services.

Part II. The Sea

Chapter 11. State and Territorial Waters

Section 14.1101. Jurisdiction. This chapter provides for the exercise of the State's power to the full extent allowed by law. To the extent that a matter treated by this chapter is within the exclusive jurisdiction of the national government the Governor through a written understanding with the national government provides for:

(1) enforcement of the matter by the national government; and

(2) a procedure for authorizing the entry of vessels into State or territorial waters.

Section 14.1102. Permission to enter. Except for innocent passage, stress of weather or force majeure, an unauthorized vessel may not enter or remain within territorial waters or State waters without first receiving permission to enter pursuant to this chapter and the procedure established pursuant to Section 14.1101(2).

Section 14.1103. Innocent passage. This chapter does not affect the right of innocent passage through territorial waters. Passage is not innocent when a vessel makes use of territorial waters to do an act prejudicial to the security, public policy or economic interests of the State or the Federation.

Section 14.1104. Examination of unauthorized vessel. Regarding an unauthorized vessel the Government may at any time:

(1) board it when found within State waters;

(2) if there is reason to suspect that the vessel is violating law, examine the manifest and other documents and papers;

(3) inspect and search the vessel and each person and object on board; and

(4) hail and stop the vessel, and use all necessary force to compel compliance.

Section 14.1105. Examination of hovering vessel.

(1) Regarding a hovering vessel the Government may:

(a) board and examine the vessel at any time;

(b) examine, upon oath, the master or other person having command or charge of the vessel regarding the cargo and voyage of the vessel;

(2) If upon examination of a vessel, its master, officers, crew members, passengers or cargo the Government finds sufficient evidence that a person has committed an unlawful act within territorial waters or State waters or is planning to engage in an unlawful act, the vessel and the persons so engaged are subject to the penalties provided by law.

Chapter 12. Seizure

Section 14.1201. Seizure;. When the Government has reasonable cause to believe that a vessel is subject to seizure for violation of law, it may seize the vessel, together with its apparel, tackle, furniture and equipment. Application to an appropriate court for a warrant of arrest of a vessel is available in lieu of or in addition to seizure.

Section 14.1202. Report of seizure. A person making a seizure immediately reports the seizure to the Governor and the Attorney General, including in the report a statement of the name of a witness to the seizure.

Section 14.1203. Investigation and prosecution. The Attorney General inquires into the facts of a seizure. If it appears probable that a forfeiture has resulted from violation of law, the Attorney General files and prosecutes a libel in an appropriate court for the condemnation and forfeiture of the vessel with its tackle, apparel, furniture and equipment.

If it appears to the Attorney General that the preponderance of available evidence does not support a libel, or the Attorney General determines that justice requires that he does not institute a libel, he reports his conclusion to the Governor.

Section 14.1204. Custody of vessel and equipment. A seized vessel, with its tackle, apparel, furniture and equipment, seized pursuant to this chapter, remains in the custody of the Government awaiting disposition pursuant to law.

Chapter 13. The Marine Space

Section 14.1301. Marine space. The State's marine space extends seaward twelve miles from the State's baseline as defined by national law.

Section 14.1302. Consultation Procedure. The State Government may use the waters, land and other natural resources within the marine space of a municipality, only after consultation between the State Government and the municipality where in the marine space is located. Consultation shall require:

(a) A written notice by the State Government to the Mayor of the Municipality requesting a meeting to discuss the State's use of certain water, land or other natural resources situated in the Municipality's marine space.

(b) The Mayor will respond to the State's notice within 10 calendar days, scheduling a meeting with the State Government.

(c) The State Government and the Mayor of the Municipality or designated municipal representatives, will meet in the municipality where the marine space is located, to discuss the proposed use of the marine space, examine the studies conducted, and exchange information and advice.

Background

Added by State 6-64.

Section 14.303. Repealed by State Law 7-99.

Section 14.304. Repealed by State Law 7-99.

Part III. TRANSPORTATION [Reserved]