TITLE
19. Marine Resources
Chapter
1. General Provisions
Section 19.101. Definitions. As used in this Title, unless the context
otherwise requires, the term:
(1)
"Agent" means a person who acts on behalf of another
person. “Agent” includes a person
appointed by a foreign fishing company to act as its legal representative
within the Federated States of Micronesia, including the acceptance of and
response to legal process pursuant to Title 24 (Marine Resources) of the Code
of the Federated States of Micronesia or any law relating to foreign fishing
agreements;
(2)
"Aquaculture" means any activity designed to cultivate or farm
fish and includes mariculture;
(3) "Authorized
officer" means any person or category of persons designated as an authorized
officer under Section 19.502;
(4) “Commercial
fishing" means any fishing resulting or intended to result in selling or
trading any fish that may be taken, caught or harvested during the fishing
operation. “Commercial fishing” does
not include sport fishing;
(5)
"Department" means the Department of Agriculture, Land and
Fisheries;
(6)
"Director" means the Director of Agriculture, Land and
Fisheries;
(7) "Drift
net" means a gill net or other net or arrangement of nets which is more
than 2.5 kilometers in length and the purpose of which is to enmesh, entrap or
entangle fish;
(8) “Explosive” or
“explosives” means a substance or a combination of substances which upon rapid
decomposition or combustion causes an explosion, that is, a violent bursting or
expansion with noise;
(9)
"Export" means to send or remove an article of trade or
commerce from the State;
(10)
"Fish" means any marine or aquatic plant or animal, including
their eggs, spawn, spat and juvenile stages, and any of their parts;
(11) "Fishery
waters" means any waters over which the State has jurisdiction, including
the State fishery zone and inland waters;
(12)
"Fishing" means the actual or attempted searching for,
catching, taking, or harvesting of fish by any method whatsoever; any other
activity that could reasonably be expected to support or assist in the
locating, catching, taking or harvesting of fish; and any activity used in
preparing, processing or transporting
fish;
(13) "Fishing
gear" means any equipment, implement, or other thing that can be used in
the act of fishing, including, without limitation, any fishing net, rope, line,
float, trap, hook, or winch;
(14) "Fishing
vessel" means any vessel used for, equipped to be used for, or of a type
that is normally used for fishing or assisting one or more vessels in any
activity related to fishing, including, without limitation, preparation,
supply, storage, refrigeration, transportation, or processing;
(15) "Foreign
fishing vessel" means any fishing vessel other than a local fishing
vessel;
(16) “Inland waters”
means the waters of the State landward from the State’s baseline, as defined by
national law, including harbors, tide lands, rivers, and streams;
(17) "Local
fishing vessel" means any fishing vessel wholly owned and controlled by:
(a)
The State Government, or any corporation established by State law and
wholly owned or controlled by the State Government;
(b) One or more
natural persons who are citizens or permanent residents of the State;
(c) Any company,
society, or other association of persons incorporated or established under the
laws of the State;
(18)
"Observer" means any person authorized to act as observer
under Section 19.502 or Title 24 of the Code of the Federated States of
Micronesia;
(19)
"Operator" means any person who is in charge of or who directs
or controls a fishing vessel, including the master, owner, and charterer;
(20)
"Permit" means any permit issued under this Title;
(21)
"Person" means any natural person or business enterprise,
including without limitation, a corporation, partnership, cooperative,
association or other entity;
(22)
"Poison" means any substance having a deleterious property
that enables it to harm or destroy life, including, but not limited to,
bleaches, hypochlorous acid or any of its salts, plants or plant material and
any other substance that is commonly recognized or scientifically described as
a poison or noxious substance;
(23)
"Regulation" means any regulation adopted by the Department pursuant
to this Title;
(24) "State
fishery zone" means the waters of the State extending seaward twelve miles
from the State’s baseline as defined by national law.
(25)
"Transshipment" means the transfer of any fish or fish
products to or from any fishing vessel; and
(26)
"Vessel" means any boat, ship, canoe or other watergoing
craft.
Section 19.102. State
powers within the fishery waters.
Within the State fishery waters, the State has complete sovereign rights
for all purposes, including exploring, exploiting, conserving, managing, and
developing living and non-living resources within the fishery waters.
Section 19.103. Regulations. The Department shall administer this
Title. The Director may adopt
regulations for the management, conservation and development of the fishery
waters and that otherwise implement this Title. These include, without limitation, regulations that:
(1) Identify areas
of the fishery waters for management, conservation or development;
(2) Limit the size,
number, location, or type of any species of fish taken from the fishery waters;
(3) Prohibit
specific activities related to fish and fishing;
(4) Prohibit the
sale, possession, and transportation of any species of fish; and
(5) Prohibit the use of specific fishing methods, gear, or
types of vessels.
Section 19.104. Department
consultation and approval required.
Any person planning any development or activity that may affect the environmental
quality of the fishery waters shall inform and consult with the Director before
initiating the development or activity.
The Director may require that an Environmental Impact Assessment or
other investigation be carried out by that person or any other authority
provided in State law or appointed by the Director. The person proposing the development or other activity shall pay
for the Environmental Impact Assessment or other investigation. Before initiating the development or
activity, the person proposing the development or activity shall submit to the
Director a copy of any plan for the development or activity, along with a copy
of the completed Environmental Impact Assessment, if one has been completed or
required. The Director has the right to
submit his comments before any final decision is made by any State government
authority, such as the Development Review Commission, concerning any
development or activity that may affect the environmental quality of the
fishery waters.
Chapter 2. Permits
Section
19.201. Permits required. A State permit is required, and must be
maintained on board, for the following:
(1) Fishing from a
foreign fishing vessel in the State fishery zone, unless the fishing is
authorized under section 117 of Title 24 of the Code of the Federated States;
and
(2) Transshipment.
Section 19.202. Other
activities for which permits may be required.
(1) The Director may
require and issue permits for the following activities in or associated with
the fishery waters:
(a) Fishing not
covered by Section 19.201;
(b) The import and
export of fish or other marine resources;
(c) Aquaculture; or
(d) Marine research.
(2) By regulation,
the Director may exempt from permitting requirements any persons or fishing
vessels for activities described in Subsection (1) above. The Director shall exempt any person
engaging in subsistence fishing.
Section
19.203. Issuance of permits and
written agreements for foreign fishing vessels.
(1) By regulation,
the Director shall establish procedures and requirements for the issuance of
permits to foreign fishing vessels, as well as the terms and conditions of
permits.
(2) A permit may not
be issued unless the permittee has entered into an agreement with the State
that complies with this Title.
(3) The Department
may negotiate and conclude agreements with foreign governments, associations or
companies in accordance with this Title for fishing in the State fishery zone
or carrying out any activity related to fishing in the State. These agreements must include terms and
requirements no less stringent than those required by national law. The agreements are valid and enforceable
when signed by the Governor.
(4) The Governor may
authorize the National Government to negotiate and execute an agreement on the
State’s behalf for foreign fishing in the State fishery zone.
Section 19.204. Permit
requirements for all permits. The
Director, or his designee, shall issue all permits in accordance with this
Title. Permits may be issued upon
receipt of a completed application in the appropriate form and payment of the
required fee. The Director shall attach
to any permit any terms and conditions prescribed by the regulations and may
attach any additional terms and conditions as are appropriate. A permittee shall hold a permit in its
original, complete and correct form.
Regulations establishing requirements for a permit must prescribe, at
least, the following:
(1) A form and
procedures to apply for a permit;
(2) A condition that
the permittee consents to being stopped and boarded;
(3) A condition that the permittee consents
to inspections, searches, and seizures
without reasonable cause of any vessel, vehicle, aircraft, nonresidential
premises, fishing gear, fish, or fish products used in connection with any
activity regulated by this Title;
(4) A condition that
the permittee exhibit his permit on request of an authorized officer or
observer;
(5) Any other
conditions that may or must be attached to a permit;
(6) Criteria for
renewal, refusal, suspension or cancellation;
(7) Fees, royalties,
and other forms of payment;
(8) The period of
validity;
(9) Requirements for
transfer;
(10) The right to
appeal from a decision to refuse, suspend or cancel a permit; and
(11) Offenses, fines
and penalties for failure to comply with conditions attached to a permit.
Section 19.205. Additional
permit information. The Director
may require the following information to be attached to the application for any
permit under this Title:
(1) A description of
the proposed site, fish species, cultivation and harvesting methods;
(2) An Environmental
Impact Assessment; and
(3) Any other
reasonable information requested in the discretion of the Director.
Section 19.206. Observation
of laws. No permit issued under
this Title relieves any person of any requirement imposed by any law of the
State or the Federated States of Micronesia.
Chapter
3. Registration, & Required
Equipment
Section 19.301. Registration
of fishermen and fishing vessels.
The Department may, by regulation, require that all fishermen or any
class of fishermen, or all vessels or any class of vessels within the State be registered with the
Department. If registration is required
by regulation, the Director shall maintain a written register of fishermen
and/or fishing vessels registered.
Section 19.302. Marking
of fishing vessels and gear.
(1) The Department
may adopt regulations requiring fishing vessels to display registration letters
and numbers and other markings.
(2) All submerged
stationary fishing gear or surface drifting gear must bear conspicuous surface
marks using brightly colored buoys, flags or floating poles and night lighted
markers. All surface marks must be
visible in clear weather at a distance of at least one nautical mile. For nets, the markers must be placed at
50-foot intervals along the full length of the net.
Section 19.303. Vessel
safety provisions. No person shall operate a vessel in the State fishery
zone extending seaward from one mile beyond any reef without the following
equipment aboard:
(1) Reasonable amounts
of food and water;
(2) An operable flare
gun and flares, or a mirror;
(3) A sea anchor or
dropue;
(4) Emergency rowing
equipment;
(5) Life Jackets or
other reasonable floating devices sufficient for all passengers; and
(6) 50 meters of line.
Section 19.304. Fishing
Gear Requirements. All fishing gear
aboard a commercial fishing vessel in the fishery waters must be stowed so that
it is not readily available for use, except where permitted under this Title.
Chapter 4. Prohibited Acts
Section 19.401. Compliance
with Title. No person shall violate
this Title, regulations adopted pursuant to this Title, written fishing
agreements, or any requirements or conditions of a permit issued pursuant to
this Title.
Section 19.402. Inland
water fishing. No person shall
engage in commercial fishing from a foreign fishing vessel in inland waters.
Section 19.403. Fishing
without a permit. No person shall
fish from a foreign fishing vessel in the State fishery zone without a valid
State permit for that vessel on board.
Section 19.404. Transshipment
without a permit. No person shall
engage in any transshipment without a valid State permit for that activity on
board.
Section 19.405. Permits
required. No person shall perform
any act for which a permit is required pursuant to Section 19.202, without a
valid State permit in his possession.
Section 19.406. Fishing
by non-citizen foreign fishing crew or officers. No non-citizen crew member or officer of a foreign fishing
vessel, while disembarked from that vessel, shall fish for any purpose other
than personal consumption without the Director’s prior written permission.
Section 19.407. Development
or activity without approval. No
person planning any development or activity that may affect the environmental
quality of the fishery waters shall violate Section 19.104 or any requirements
established by the Director pursuant to that Section.
Section 19.408. Violation
of fishery waters. No person shall
use a vessel to enter or remain within the fishery waters in violation of this
Title or any other law.
Section 19.409. Contamination
of fishery waters. No person shall
directly or indirectly contaminate the fishery waters, including, without
limitation:
(1) Discharging
non-biodegradable trash or debris, poison, oil, petroleum, solvents, metals,
sewage or other noxious substances; or
(2) Taking any
action likely to damage or degrade the quality of the fishery waters or fish.
Section 19.410. Protection
of reefs. No person shall damage a
reef by dredging, mining, removing coral or rocks, running a vessel aground or
by any other means.
Section 19.411. Drift
nets. No person shall use a drift
net in the fishery waters, or transport or process any fish caught by use of a
drift net.
Section 19.412. Nets
in navigation channels. No person
shall set nets in the fishery waters in channels used for navigation.
Section 19.413. Prohibited
methods of fishing.
(1) No person shall
use or attempt to use any poison, explosive, electric charge device or other
substance to kill, take, stun, immobilize or in any way render fish more easily
caught.
(2) No person shall
possess or control any poison, explosive, electric charge device or other
substance with the intent to use it to kill, take, stun, immobilize or in any
way render fish more easily caught.
Section 19.414. Export
or import of live fish. No person
shall export or import any live fish or viable fish eggs without the Director’s
prior written permission.
Section 19.415. Prohibition
of trade in fish, fish products or other marine resources. No person shall knowingly buy, sell,
knowingly possess or otherwise trade in fish, fish products, or other marine
resources obtained in violation of this Title.
Section 19.416. Export
of fish. No person shall export any
fish or fish product caught in the fishery waters without the Director’s prior
written permission, unless:
(1) The terms and
conditions of a permit or a fishing agreement with the State allow export; or
(2) The export is
for personal consumption by immediate family members.
Section 19.417. Protection
of species. The Director may
preserve and develop the resources of any fish species.
(1) The Director may
adopt regulations regarding the management of any species, including, without
limitation, the time, place, and method of harvesting, a permit system, and
minimum and maximum size or other restrictions to ensure responsible and
environmentally sound harvesting.
(2) In addition to
any prohibitions in regulations adopted under subsection (1), the following
activities are prohibited:
(a) Taking or
killing a turtle whose shell is less than twenty-seven inches when measured
over the top of the carapace shell lengthwise;
(b) Taking turtle
eggs or killing a turtle while it is on shore;
(c) Taking or
killing a turtle of any size from the first day of June to the thirty-first day
of August or from the first day of December to the thirty-first day of January
inclusive;
(d) Taking or
killing a Pinctada margaritifera (black-lip mother-of-pearl oyster) from the
first day of August to the thirty-first day of December inclusive;
(e) Taking or
killing a Pinctada margaritifera whose shell is less than six inches in minimum
diameter, measured along the largest dimension across the outside of the shell;
(f) Harvesting
trochus (tukasungai) except as officially authorized by Section 11.1101;
(g) Taking or
killing a lobster less than one pound in weight or less than three inches in
carapace length, or taking or killing a female lobster with eggs;
(h) Taking or
killing a Mangrove crab whose shell is less than 6 inches in length, measured
along the largest dimension across the outside of the shell;
(i) Taking or
killing a Mangrove Crab from the first day of August to the thirty-first day of
December inclusive; and
(j) Exporting a
Mangrove Crab outside of the State.
Section 19.418. Reckless
or negligent operation.
(1) No person shall
operate a motor driven vessel recklessly or with gross, willful or wanton
disregard for the lives and safety of the public.
(2) No person shall
operate a motor driven vessel negligently in such a manner as to constitute a
substantial deviation from the standard of care a reasonable person would
exercise without due regard for the rights and safety of others.
Section 19.419. Operating
a vessel under the influence. No
person shall operate a motor driven vessel while under the influence of
alcoholic drink, a controlled substance or any other intoxicating substance.
Section 19.420. Nets,
traps, ponds, enclosures and storage devices. No person shall remove a fish from a net, trap, pond, enclosure
or storage device that belongs to another person without that person’s
permission. No person shall knowingly destroy, damage or impair the
functioning of any net, trap, pond, enclosure or storage device that belongs to
another person.
Section 19.421. Protection
of mooring buoys, floats, trays, other devices. No person shall tamper with, take, destroy or otherwise interfere
with any mooring buoy, float, tray or other device installed or placed in the
fishery waters under the authority of the Department.
Section 19.422. Fishing
operational requirements. All
fishing vessels must have fully operational holding tanks or must use
shore-based facilities to process their catch.
Section 19.423. Use
of unmarked gear. No person shall
use submerged stationary fishing gear or surface drifting gear in violation of
Section 19.302(2).
Section 19.424. Required
safety provisions. No person shall
operate a vessel without the safety provisions required under Section 19.303.
Section 19.425. Fishing
gear requirements. No person shall
stow fishing gear aboard a commercial fishing vessel in violation of Section
19.304.
Section 19.426. Storage
of fish. No person shall store or
otherwise keep any fish taken in violation of this Title.
Section 19.427. Interfering
with enforcement. No person shall:
(1) Fail to comply
with the lawful instructions or directions of an authorized officer or
observer;
(2) Obstruct or
resist an authorized officer or observer in the exercise of any provision of
this Title, including, without limitation, preventing him from boarding or searching a vessel, vehicle or aircraft
or preventing him from inspecting fishing gear, equipment, records, fish or
fish products;
(3) Assault,
threaten, or use abusive language or behavior toward an authorized officer or
observer in the execution of his duties; or
(4) Resist lawful arrest for any violation of
this Title.
Section 19.428. Information
and documentation. Every person
shall give true, complete, and correct information or documentation for the
issuance of a permit or registration as required under this Title. Any change in circumstances that renders any
information or documentation false, incomplete or misleading must be provided
to the Director immediately.
Section 19.429. Destruction
of evidence. No person shall
destroy, abandon, or conceal any fish, fishing gear, net or other fish
appliance, electric shock device, explosive, poison or any other thing or
document knowing that it is about to be produced in evidence in any trial,
inquiry, or investigation authorized by law, with the intent to prevent it from
being produced.
Chapter 5. Monitoring, Control and Surveillance
Section 19.501. Primary responsibility for enforcement. The Department has primary responsibility
for enforcing this Title, except that the Attorney General’s office is
responsible for the review and final determination of any potential legal
actions.
Section 19.502. Appointment
of authorized officers and observers.
The Director may appoint, in writing, any person or category of persons
as authorized officers to ensure compliance with this Title. Any police officer is deemed to be an authorized
officer for purposes of this Title. The
Director may appoint any person as an observer for compliance, monitoring and
any other function. Any authorized
officer or observer appointed pursuant to Title 24 of the Code of the Federated
States is deemed to be an authorized officer or observer with respect to
foreign fishing vessels or activities in the fishery waters.
Section 19.503. Powers
of authorized officers and observers.
(1) For the
purposes of enforcing this Title, any authorized officer or observer may:
(a) Require any
person engaged in fishing to show his permit, fishing gear and catch;
(b) Stop, board and
search any vessel he reasonably expects is a fishing vessel in the fishery
waters;
(c) Stay on board
any fishing vessel within the fishery waters;
(d) Examine or
inquire of any person aboard about the fishing gear, fish, cargo, catch,
contents of holds and storage spaces, voyage and activities of the vessel;
(e) Inspect and
search the vessel, vehicle, aircraft, nonresidential premises, fishing gear,
fish, catch, cargo, content of holds and storage spaces, or other evidence of
activities subject to this Title;
(f) Request and
receive a reasonable fish sample from any person in possession or control of
fish or fish products;
(g) Require any
person aboard a fishing vessel to inform him of the vessel’s name, call sign
and country of registration and the names of the master, owner, charterer and
all crew members;
(h) Require the
agent of any foreign fishing vessel holding a permit to fish issued under Title
24 of the Code of the Federated States, where the agent is based within the
State, to inform him of the name, call sign and country of registration of any
vessel that he represents and the name of the operator, officer, or crew
members, or other information reasonably required;
(i) Seize any
vessel, vehicle, aircraft, fishing gear, equipment, stores, catch, cargo, fish,
fish products, log books, charts, other documents or other items used in the
commission of an offense, subject to procedures and requirements of Title 14,
Chapter 12 of the State Code;
(j) Arrest any
person where there is probable cause to believe he has committed a criminal
offense in violation of this Title;
(k) Execute any
warrant or other process issued by any court of competent jurisdiction relating
to this Title; and
(l) Exercise any other lawful authority.
Section 19.504. Hot
pursuit. An authorized officer may,
following hot pursuit in accordance with international law commenced within the
fishery waters, stop, board and search any fishing vessel outside the fishery
waters that he has probable cause to believe has been used in the commission of
an offense in the fishery waters. The
authorized officer may bring the fishing vessel and all persons and things on
board within the fishery waters.
Section 19.505. Immunity of authorized officers or
observers. An authorized officer or
observer who acts pursuant to this Title may not be found civilly or criminally
liable for those actions or omissions to act, unless taken in bad faith.
Section 19.506. Duty
of confidentiality. The Director
shall require an authorized officer or observer to swear an oath of
confidentiality.
Section 19.601. Report
of violation; approval for administrative enforcement. The Director shall report all violations of
this Title to the Attorney General. In
appropriate cases approved by the Attorney General, the Director may enforce
this Title through administrative proceedings as provided in this Chapter.
Section 19.602. Notice
of administrative hearing; rights; regulation. The Director shall notify the alleged violator of the date of the
adjudicatory administrative hearing at least 10 days before the hearing unless
the alleged violator waives this notice period. The alleged violator has the right to appear, be heard, produce
evidence and be represented by counsel.
The Director may adopt regulations regarding the conduct of these
proceedings.
Section 19.603. Summary
administrative enforcement proceedings.
If the person alleged to have committed the offense admits, in writing,
to committing the violation(s) and consents to the summary proceedings, the
Director may impose an administrative penalty as set out in regulations. In addition to payment of an administrative
penalty, the Director may require payment of an agreed-upon fair market value
of any fish caught. The Director may void the decision to proceed with summary
administrative enforcement proceedings if the full amount of the penalty,
including the value of any fish caught, is not paid within 30 days after
notification of the penalty assessment.
Any person who submits to the summary administrative proceedings shall
not fish in fishery waters until the administrative penalty is paid in full.
Chapter 7. Civil
Remedies
Section 19.701. General
enforcement. The Attorney General
shall prosecute violations of this Title unless he determines that
administrative enforcement proceedings satisfy the interests of justice. The Attorney General may take action to stop
any violation of this Title, including seeking injunctions and restraining
orders. Any prosecution not handled administratively
may be pursued under the criminal laws of Title 13 and/or the civil penalties
and forfeiture provisions of this Title.
Section 19.702. Civil
penalties.
(1) Any person who
is found in a civil proceeding to have committed an act prohibited by this
Title is liable to the State for a civil penalty. Civil penalties and fines may be imposed in addition to any
criminal punishment imposed pursuant to Title 13.
(2) The amount of
the civil penalty may not exceed $1,000,000 for each violation of this
Title. Each day of a continuing
violation constitutes a separate offense for which a separate penalty may be
imposed.
(3) In determining
the amount of a civil penalty, the court shall consider:
(a) The nature,
circumstances, extent, and gravity of the acts;
(b) The violator’s
degree of culpability and any history of prior offenses; and
(c) Any other matter
that justice requires.
(4) The Attorney
General may initiate all proceedings under this Title and recover the amount
assessed as a civil penalty.
(5) The proceeds of
civil penalties must be deposited into the General Fund.
Section 19.703. Liability
for loss or damage. In addition to
imposition of a fine or imprisonment for violation of this Title, the Court may
also determine and impose a damage award for any loss or damage caused by the
act(s) underlying the violation. The
damage award may be recovered in the same manner as a fine.
Section 19.704. Revocation
of permit. In addition to other
penalties, the Court may order the revocation or suspension of any permit
issued under this Title and may prohibit holding any such permit for up to 5
years.
Section 19.705. Liability
of operator. In any proceedings
under this Title, the operator of a fishing vessel is liable for the acts or
omissions of any crew member under his direction or supervision.
Section 19.706. Civil
liability of officers of companies.
Each officer of a partnership, corporation, firm, company, or any other
business enterprise engaged in activities governed by this Title is personally
liable for any violation of this Title by any member or employee of that
business enterprise. It is an
affirmative defense to liability under this section that the officer used due
diligence to secure compliance with the Title or that the violation or offense
was committed without that officer’s knowledge, consent, collusion or
collaboration.
Section 19.707. Presumptions. The presumptions set forth in this Section
establish prima facie evidence of the subject matter of the presumption and
constitute sufficient proof of any element of an offense to which the
presumption is material unless the Court, or the Director in an administrative
proceeding, finds that the presumption is rebutted by competent evidence.
(1) Any fish found
on board any fishing vessel used in the commission of an offense under this
Title is presumed to have been caught or taken in the commission of that
offense.
(2) Any entry in or
on any log, chart or other document required to be maintained or used to record
the activities of a fishing vessel is presumed to be that of the operator of
that vessel.
Section 19.708. Burden
of proof. Where, in any proceeding
under this Title, a person has been alleged to have committed an offense
involving an act for which a permit is required, the burden is on that person
to prove that at the relevant time the requisite permit was held.
Section 19.709. Remittance
to informant. If a person has given
material information leading to a conviction or determination of liability, he
is entitled to receive 1% of the fine collected.
Chapter 8. Forfeiture
of Property
Section 19.801. Forfeitures.
(1) Any fishing
vessel involved in the commission of any act prohibited by this Title, along
with its fishing gear, furniture, appurtenances, stores, or cargo used, is
subject to forfeiture to the State.
(2) Any fish taken
or retained, in any manner, in connection with, or as a result of, the
commission of any act prohibited by this Title is subject to forfeiture to the
State.
(3) An action for
forfeiture pursuant to Subsection (1) or (2) is a civil proceeding.
Section 19.802. Jurisdiction. The Kosrae State Court has jurisdiction to
order the forfeiture and seizure of anything subject to forfeiture under
Section 19.801 upon determining that the forfeiture and seizure is reasonably
related to the offense. The Attorney
General may initiate an action for forfeiture on behalf of the State. If the court enters judgment for the State
in a civil forfeiture proceeding, the Attorney General shall seize any property
or other interest declared forfeited to the State that has not previously been
seized pursuant to this Title.
Section
19.803. Temporary disposition of
property. Pending completion of the
civil forfeiture proceeding, the seized items remain in the State’s custody
awaiting disposition pursuant to law.
At the court’s discretion, the seized items may be discharged upon
deposit with the court of a satisfactory bond or other security at least equal
to the fair market value of the seized property. The bond or other security must be conditional upon delivery of
the property to the appropriate court upon order, without any impairment of its
value, or paying the monetary value of the property upon order of the
court. Judgment must be recoverable on
the bond or other security against the principal and any sureties if any
condition is breached, as determined by the court.
Section 19.804. Disposition
of forfeited property. The State
may sell the forfeited items. The
proceeds of any sale must be deposited in the General Fund. In lieu of the sale of forfeited items, the
Director may determine that the items be retained for use by, or at the
direction of, the State.
Section 19.805. Disposition
of perishable articles. The
Director may sell any fish, fish products, or other perishable articles seized
pursuant to this Title. If he made all
reasonable efforts to sell them but was unable to do so, or where they are
unfit to be sold, the Director may dispose of them as he determines
appropriate. The proceeds of any such
sale must be deposited with the court pending disposition of any legal action
or forfeiture proceeding under this Title.
Section 19.806. Disposition
of seized goods where no civil forfeiture order has been obtained. The State shall hold any item seized under
this Title, but not ordered forfeited in any legal proceeding, until all fines,
orders for costs and damages and penalties imposed under this Title
have been paid. If the fines, costs,
damages and penalties are not paid within the time allowed by law, the State
shall sell the seized items and return to the owner any balance of the
proceeds, after deducting all fines, damages, penalties, and costs, including
costs of storage and sale. If a balance
remains owing to the State, the owner of the forfeited items remains liable for
that balance.
Section 19.807. Unlawful
removal of item in State custody.
No person shall remove, without proper authorization, any property
seized by the State under this Title.
Where any item held or forfeited under this Title has been unlawfully
removed from the State’s custody, it is subject to seizure at any time.
Section 19.808. Liability
of the State for property in custody.
The State is not liable for any loss, damage or deterioration in the
condition of any property in its custody pursuant to this Title. The court may order the State to compensate
the owner for any proven loss and for costs if it determines that:
(1) A seizure made
under this Title was made without reasonable grounds; and
(2) As a result of
that seizure, the owner or other persons entitled to the property has suffered
unreasonable loss.