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Marine Resources, Violations and Penalties [Title 24

CODE OF THE FEDERATED STATE OF MICRONESIA

TITLE 24

MARINE RESOURCES

CHAPTER 5

Violations and Penalties

Sections:

§ 501. Prohibited acts.
§ 502. Civil penalties.
§ 503. Criminal penalties.
§ 504. Forfeitures-Liability.
§ 505. Forfeitures-Jurisdiction.
§ 506. Forfeitures-Seizures.
§ 507. Forfeitures-Disposition of property.
§ 508. Forfeitures-Temporary disposition of property; Security.
§ 509. Forfeitures-Disposition of perishable articles.
§ 510. Revenue from fines and forfeitures.
§ 511. Jurisdiction of Courts.
§ 512. Enforcement responsibility.
§ 513. Enforcement authority.
§ 514. Enforcement of regulations and permits.
§ 515. Presumption of location of fishing.
§ 516. Immunities.

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§ 501. Prohibited acts.

(1) It is unlawful for any person:

(a) to violate any provision of a fishing permit, license, agreement, arrangement, treaty, or regulation issued pursuant to this title;

(b) to refuse to permit any authorized officer to board a fishing vessel for purposes of conducting any search or inspection in connection with enforcement of this title or any regulation, permit, or foreign or domestic-based fishing agreement or any applicable fishing treaty, agreement or arrangement;

(c) to assault, obstruct, resist, delay, refuse boarding to, intimidate, or interfere with any authorized officer or authorized observer in performance of his duties, including in the conduct of any search or inspection described in paragraph (b) of this subsection; and for the purposes of this subparagraph, any person who refuses to allow any authorized officer or observer, or any person acting under his order or in his aid, to exercise any of the powers conferred on an authorized officer or observer by this title or any regulations made under this title shall be deemed to be obstructing that officer, observer, or person;

(d) to fail to comply with the lawful requirements of any authorized officer or observer;

(e) to furnish to any authorized officer any particulars which, to his knowledge, are false or misleading in any respect;

(f) being on board any vessel being pursued or about to be boarded by any authorized officer, to throw overboard or destroy any fish, fishing gear, explosive, poison, or other noxious substance to avoid seizure of such fish, fishing gear, explosive, poison, or other noxious substance or thing or to avoid the detection of any offense under this title or the regulations made under this title;

(g) to resist a lawful arrest for any act prohibited by this section;

(h) to provide information required to be recorded, notified or communicated pursuant to any requirement of the provisions of this title or the regulations, knowing or having reasonable cause to believe that it is false, incomplete or misleading;

(i) to knowingly ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of any fish taken or retained in violation of this title or any regional fishing treaty, regulation, permit, foreign or domestic-based fishing agreement or any applicable law;

(j) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such person has committed any act prohibited by this section;

(k) to violate any provision of, or regulation under, any applicable agreement to implement a regional fisheries treaty, or any other treaty, agreement or arrangement having effect in the Federated States of Micronesia, entered into pursuant to section 106 of this title;

(l) to use any foreign fishing vessel for fishing within one mile from submerged reefs within the EEZ, or within a two-mile radius of any fish aggregating device of the Government, a citizen, or any other body established under the laws of the Federated States of Micronesia;

(m) being a fishing vessel entitled to fly the national flag of the Federated States of Micronesia, to fish in waters under the national jurisdiction of a foreign nation unless duly authorized by the competent authorities of the foreign nation or nations concerned;

(n) to engage in driftnet fishing activities in the fishery waters;

(o) being a fishing vessel entitled to fly the national flag of the Federated States of Micronesia, to engage in driftnet fishing activities in waters under the national jurisdiction of a foreign nation, in the high seas, or in enclosed or semi-enclosed seas as defined in the United Nations Convention on the Law of the Sea of December 10, 1982; or

(p) to violate any provision of this title.

(2) It is unlawful for any fishing vessel, and for the crew, owner, or operator of any fishing vessel, to engage in fishing in the Exclusive Economic Zone without a valid and applicable fishing permit issued pursuant to this title or after revocation, or during the period of suspension of a permit issued pursuant to this title, where such permit is required by sections 103 and 104 of this title, unless such fishing is permitted pursuant to section 106.

Source: PL 9-069 § 1.

Annotations

"Fishing" includes refueling or supplying fishing vessels. FSM v Skico, Ltd., 8 FSM Intrm 40, 41 (Chk 1997).

While 24 F.S.M.C. 116 places a duty to maintain the daily catch log upon the vessel master, the statute does not make the vessel master's liability for failure to maintain that log exclusive. Therefore when a party to a foreign fishing agreement that says that party ensures that its authorized vessels will properly maintain such a log that party may be held liable. FSM v Tine Hong Oceanic Enterprises, 8 FSM Intrm 166, 174 (Pon 1997).

Because a corporate principal may be held criminally liable for its agent's conduct when the agent acts within the scope of its authority for the principal's benefit, a foreign fishing agreement party may be held criminally liable for the conduct of its authorized vessel. FSM v fine Hong Oceanic Enterprises, 8 FSM Intrm 166, 176 (Pon 1997).

A defendant may be held criminally liable for failure to maintain a daily English language catch log as required under the terms of its foreign fishing agreement and the Harmonized Minimum Terms and Conditions. FSM v Cheng Chia-W (II), 7 FSM Intrm 205, 211-12 (Pon 1995).

It is unlawful for any person to violate any provision of Title 24, or of any regulation or permit issued under it, or to violate any provision of, or regulation under, an applicable domestic-based or foreign fishing agreement entered into pursuant to 24 F.S.M.C. 401, 404-406. A person is any individual, corporation, partnership, association, or other entity, the FSM or any of the state governments, or any political subdivision thereof, and any foreign government, subdivision of such government, or entity thereof. FSM v Ting Hong Oceanic Enterprises, 8 FSM Intrm 166,173-74 & n-2 (Pon 1997).

A company that stores its fuel cargo in a tanker, stations a cargo supervisor aboard the tanker, and sends messages that tell the tanker where to go to sell the company's fuel to fishing vessels needing refueling is an "operator" of the tanker within the meaning of Title 24. FSM v Skico, Ltd., 8 FSM Intrm 40, 42-43 (Chk 1997).

A defendant may be held criminally liable for failure to maintain a daily English language catch log as required under the terms of its foreign fishing agreement and the Harmonized Minimum Terms and Conditions. FSM v Cheng Chia-W (II), 7 FSM Intrm 205, 211-12 (Pon 1995).

A defendant may be held criminally liable for knowingly shipping, transporting, or having custody, control, or possession of any fish taken or retained in violation of Title 24 or any regulation, permit, or foreign fishing agreement or any applicable law even when the vessel is operating under a valid permit. FSM v Cheng Chia-W (II), 7 FSM Intrm 205, 216 (Pon 1995).

A party to a foreign fishing agreement voluntarily assumes primary liability and responsibility for its own failure to comply with the law, and for similar failures on the part of its fishing vessels and vessel operators within the FSM. Such a party also assumes a legal duty to ensure that the operators of its licensed vessels comply with all applicable provisions of FSM law. FSM v Chen2 Chia-W (II), 7 FSM Intrm 205, 212 (Pon 1995).

A party's failure to "ensure" its vessel's compliance with FSM law constitutes a breach of its foreign fishing agreement. FSM v Ting Hong Oceanic Enterprises, 8 FSM Intrm 79, 86 (Pon 1997).

An authorized vessel's master's knowledge is attributable to its foreign fishing agreement party because knowledge held by an agent or employee of a corporation may be attributed to its principal. FSM v Ting Hong Oceanic Enterprises, 8 FSM Intrm 166, 180 (Pon 1997).

Congress has not unconstitutionally delegated its authority to define crimes by delegating to an executive agency the power to enter into fishing agreements because congressional approval is needed for these agreements to take effect. FSM v Cheng Chia-W (I), 7 FSM Intrm 124,127 (Pon 1995).

A person may be held criminally liable for violating any provision of Title 24 or of any regulation or permit issued pursuant to Title 24, or any provision of, or regulation under, an applicable domestic-based or foreign fishing agreement entered into pursuant to Title 24, or any condition of any permit issued in accordance with Title 24 and any regulations made under Title 24, respectively. FSM v Cheng Chia-W (II), 7 FSM Intrm 205, 211 (Pon 1995).

§ 502. Civil penalties.

(1) Any person who is found by the Supreme Court of the Federated States of Micronesia in a civil proceeding to have committed an act prohibited by section 501 of this chapter shall be liable to the Federated States of Micronesia for a civil penalty.

(2) The amount of the civil penalty shall not exceed $5,000,000 for each violation, except as otherwise provided herein. Each day of a continuing violation shall constitute a separate offense. The Supreme Court of the Federated States of Micronesia may impose a penalty in excess of $5,000,000 provided, in its review of the factors set forth in subsection (3), the Supreme Court finds that the defendant has committed a gross violation.

(3) In determining the amount of such penalty, the Supreme Court of the Federated States of Micronesia shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and whether any other civil or criminal fine or any imprisonment has been imposed as a result of the specific conduct which has given rise to this action, and such other matters as justice may require.

(4) The Attorney General of the Federated States of Micronesia is authorized to initiate all proceedings under this section and to recover the amount assessed as a civil penalty.

(5) The proceeds of civil penalties shall be deposited into the General Fund of the Federated States of Micronesia. Fifty percent of these proceeds from civil penalties shall then be distributed to the State affected.

Source: PL 9-047 § 3.

Annotations

A contract between a foreign fishing agreement party and the owner of vessels permitted under that agreement that the vessels' owner will be responsible for criminal and civil charges for fishing violations merely provides the foreign fishing agreement party with a contractual right of indemnity against the vessels' owner and does not bar the government's imposition of penalties for fishing agreement violations on the foreign fishing agreement party. FSM v Ting Hong Oceanic Enterprises, 8 FSM Intrm, 79, 89 (Pon, 1997).

In fashioning an appropriate sentence for fishing violations, a court considers the nature, circumstances, extent, and gravity of the prohibited acts committed, the defendant's degree of culpability and history of prior offenses, whether other civil penalties or criminal fines have already been imposed for the specific conduct before the court, and such other matters as justice might require, keeping in mind the statutory purpose behind the provisions violated. FSM v Ting Hong Oceanic Enterprises, 8 FSM Intrm 166, 181-82 (Pon 1997).

Congress, by prescribing a mandatory minimum penalty, has determined that the penalty is proportionate to the nature of the crimes involved. FSM v Cheng Chia-W (II), 7 FSM Intrm 205, 219 (Pon 1995).

Mitigating evidence cannot be used to depart below the mandatory minimum penalty required by the statute. A court may only consider that evidence in deciding whether the minimum sentence should be enhanced. FSM v Cheng Chia-W (II), 7 FSM Intrm 205, 220 (Pon 1995).

§ 503. Criminal penalties.

(1) A person is guilty of an offense if he commits any act prohibited by section 501 of this chapter.

(2) Unless another and different penalty is specifically provided for by a law enacted by Congress for an offense, any offense described as a prohibited act by subsections (1)(a), (1)(i), (1)(k), or (1)(l) of section 501 is punishable by a fine of not less than $10,000 and not to exceed $500,000.

(3) Unless another and different penalty is specifically provided for by a law enacted by Congress for an offense, any offense described as a prohibited act by subsections (1)(b), (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), (1)(h), or (1)(j) of section 501 is punishable by a fine of not less than $100,000, or imprisonment for not more than two years, or both; PROVIDED that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this title, or threatens any such officer with bodily injury, the offense is punishable by a fine of not less than $500,000, or imprisonment for not more than ten years, or both; and PROVIDED FURTHER that where a regional fisheries treaty so requires, persons arrested for violating any provisions of, or regulations under, such treaty shall not be subject to imprisonment.

(4) Any offense described as a prohibited act by subsection (1)(m) of section 501 is punishable by a fine not to exceed $5,000.

(5) Any offense described as a prohibited act by subsection (1)(n) or (1)(o) of section 501 is punishable by a fine of not less than $1 million.

(6) Any offense described as a prohibited act by subsection (2) of section 501 is punishable by a fine of not less than $500,000. Each day of continuing violation shall be considered a separate offense.

(7) A violation of any provision of this title for which no other punishment is prescribed by a law enacted by Congress is punishable by a fine not to exceed $5,000.

(8) In determining the amount of any fine and the length of any imprisonment, the Court shall take into account those factors set forth in section 502(3) of this title.

Source: PL 9-069 § 2.

Annotations

A plea agreement calling for dismissal or reduction of charges based on illegal foreign fishing is contingent upon Court approval. Until such approval, neither party is bound by the agreement and neither can enforce it against the other. FSM v Ocean Pearl, 3 FSM Intrm 87, 92 (Pon 1987).

MMA cannot contract to insulate a foreign fishing agreement signatory from criminal liability because to do so would violate 24 F.S.M.C. 404. FSM v Ting Hong Oceanic Enterprises, 8 FSM Intrm 166, 181 (Pon 1997).

In fashioning an appropriate sentence for fishing violations, a court considers the nature, circumstances, extent, and gravity of the prohibited acts committed, the defendant's degree of culpability and history of prior offenses, whether other civil penalties or criminal fines have already been imposed for the specific conduct before the court, and such other matters as justice might require, keeping in mind the statutory purpose behind the provisions violated. FSM v Ting Hong Oceanic Enterprises, 8 FSM Intrm 166, 181-82 (Pon 1997).

Congress, by prescribing a mandatory minimum penalty, has determined that the penalty is proportionate to the nature of the crimes involved. FSM v Cheng Chia-W (II), 7 FSM Intrm 205, 219 (Pon 1995).

Mitigating evidence cannot be used to depart below the mandatory minimum penalty required by the statute. A court may only consider that evidence in deciding whether the minimum sentence should be enhanced. FSM v Cheng Chia-W (II), 7 FSM Intrm 205, 220 (Pon 1995).

Probation is inappropriate sentence when the defendant has departed from the FSM, not permitting the FSM to monitor or control its future behavior, and where the seriousness of its violations warranted a more serious sanction. FSM v Ting Hong Oceanic Enterprises, 8 FSM Intrm 166,181 (Pon 1997).

Where a statute imposes a mandatory minimum fine and does not permit probation, a court cannot impose probation without violating the statute. FSM v Cheng Chia-W (II), 7 FSM Intrm 205, 219-20 (Pon 1995).

Where there is a plain legislative intent to impose separate punishments a court may reject a proposal that the sentences for those counts run concurrently. FSM v Ting Hong Oceanic Enterprises, 8 FSM Intrm 166, 181 (Pon 1997).

§ 504. Forfeitures-Liability.

(1) Any fishing vessel involved in the commission of any act prohibited by Section 501 of this Chapter shall, along with its fishing gear, furniture, appurtenances, stores, or cargo used, be forfeited to the Federated States of Micronesia.

(2) Any fish taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by Section 501 of this Chapter shall be forfeited to the Federated States of Micronesia upon the commission of the act giving rise to forfeiture under this Section.

(3) Any action for forfeiture pursuant to Subsections (1) or (2) of this Section shall be a civil proceeding.

Source: PL 6-11 § 40.

§ 505. Forfeitures- Jurisdiction.

The Supreme Court of the Federated States of Micronesia shall have jurisdiction, upon application by the Attorney General or the executive director on behalf of the Federated States of Micronesia, to order any forfeiture authorized under Section 504 of this Chapter.

Source: PL 6-11 § 41.

Annotations

In an admiralty and maritime case for the in rem forfeiture of a vessel, jurisdiction and venue are so interrelated that the government, or its agents, may not move a defendant vessel from the state in which it was arrested where the FSM admiralty venue statute does not anticipate transfer even though the civil rules allow improper venue to be raised as a defense or to be waived. It is unclear what the result of such a move would be. FSM v M.T. HL Achiever (I), 7 FSM Intrm 221, 222-23 (Chk 1995).

Proceedings concerning the arrest or release of a vessel should take place in the civil action in which it is a defendant, not in a related criminal case. Ting Hong Oceanic Enterprises v FSM, 7 FSM Intrm 471, 474 n. 4, 475 n. 5 (App 1996).

The FSM Constitution, by its plain language, grants exclusive and original jurisdiction to the FSM Supreme Court trial division for admiralty and maritime cases. It makes no exceptions. Therefore all in rem actions against marine vessels, even those by a state seeking forfeiture for violation of its fishing laws, must proceed in the trial division of the FSM Supreme Court. M/V Hai Hsiang #36 v Pohnpei, 7 FSM Intrm 456, 463 (App 1996).

The hallmark of an in rem proceeding in admiralty is that it is an adjudication of all rights in the vessel, good against the world, not just of the rights of the parties to the action. An in rem proceeding against a vessel can only be had in the context of an admiralty or maritime case. M/V Hai Hsiang #36 v Pohnpei., 7 FSM Intrm 456, 461-62 (App 1996).

In an admiralty and maritime case for the in rem forfeiture of a vessel, jurisdiction and venue are so interrelated that the government, or its agents, may not move a defendant vessel from the state in which it was arrested where the FSM admiralty venue statute does not anticipate transfer even though the civil rules allow improper venue to be raised as a defense or to be waived. FSM v M.T. HL Achiever (1), 7 FSM Intrm 221, 222-23 (Chk 1995).

§ 506. Forfeitures- Seizures.

If a judgment is entered for the Federated States of Micronesia in a civil forfeiture proceeding under Sections 504 through 509 of this Chapter, the Attorney General shall seize any property or other interest declared forfeited to the Federated States of Micronesia, which has not previously been seized pursuant to this Title.

Source: PL 6-11 § 42.

§ 507. Forfeitures- Disposition of property.

The forfeited vessel, gear, furniture, appurtenances, stores, cargo, and fish may be sold and the proceeds deposited into the General Fund of the Federated States of Micronesia and distributed in accordance with Section 510 of this Title.

Source: PL 6-11 § 43.

§ 508. Forfeitures-Temporary disposition of property; Security.

(1) Pending completion of the civil forfeiture proceeding, the seized vessel, gear, furniture, appurtenances, stores, cargo, and fish, or any part thereof, may be discharged at the discretion of the Court upon deposit with the Court of a satisfactory bond or other security at least equal to the fair market value of the seized property.

(2) Such bond or other security shall be conditioned upon such person delivering such property to the appropriate Court upon order thereof, without any impairment of its value, or paying the monetary value of such property pursuant to an order of such Court.

(3) Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such Court.

Source: FSM Code (1982).

Annotations

An owner of seized property cannot challenge the statute it was seized under as unconstitutional because the statute fails to provide for notice and a hearing, if procedural due process, notice and a right to a hearing, are provided. FSM v M.T. HL Achiever (I1), 7 FSM Intrm 256,258 (Chk 1995).

Where a vessel has been arrested pursuant to a warrant a post-seizure hearing is required by the constitutional guarantee of due process. FSM v M.T. HL Achiever (II), 7 FSM Intrm 256, 257 (Chk 1995).

§ 509. Forfeitures- Disposition of perishable articles.

(1) Any fish, fish products, or other perishable articles seized or taken pursuant to this Title may be sold, subject to the approval and direction of the Court. The proceeds of any such sale shall be deposited with such Court pending the disposition of the civil forfeiture proceeding.

(2) For purposes of this Title, it shall be a rebuttable presumption that:

(a) All fish found on board a fishing vessel which is seized or taken in connection with an act prohibited by Section 501 of this Chapter were taken or retained in violation of this Title; and

(b) All fish found on board a transiting fishing vessel, which vessel has been used in the commission of an offense in the exclusive economic zone, shall be deemed to have been caught in the exclusive economic zone.

Source: PL 6-11 § 44.

§ 510. Revenue from fines and forfeitures.

All fines and the proceeds of sale of all forfeitures collected pursuant to the provisions of this Title shall be deposited into the General Fund of the Federated States of Micronesia. Fifty percent of these revenues from fines and forfeitures shall then be distributed to the State affected.

Source: PL 2-28 § l.

Annotations

That Congress has legislated sharing revenues from fines and forfeitures with the states and that each of the states has a delegate on the Board of the MMA is not an admission or indication that the states are the "owners" of the underlying resources. Chuuk v Secretary of Finance, 8 FSM Intrm 353, 376 (Pon 1998).

§ 511. Jurisdiction of Courts.

(1) The Supreme Court of the Federated States of Micronesia shall have exclusive jurisdiction over any case or controversy arising under this Title.

(2) The Court may at any time enter restraining orders or prohibitions; issue warrants, process in rem, or other processes; prescribe and accept satisfactory bonds or other security; and take such other actions as are in the interests of justice.

Source: PL 6-11 § 45.

Annotations

Only the FSM Supreme Court has original and exclusive jurisdiction over admiralty and maritime and certain other cases under the Constitution. The other national courts authorized by the Constitution, but which Congress has never created, are only authorized to entertain cases of concurrent jurisdiction, and thus could never exercise jurisdiction over admiralty and maritime cases. Maritime jurisdiction can reside only in one national court - the Supreme Court. M/V Hai Hsiang #36 v Pohnpei, 7 FSM Intrm 456, 460 n. 2 (App 1996).

All trials of criminal offenses should be field in the state in which the offense was committed. Ting Hong Oceanic Enterprises v FSM, 7 FSM Intrm 471, 474 n. 2 (App 1996).

§ 512. Enforcement responsibility.

The Office of the Attorney General of the Federated States of Micronesia has primary responsibility for the enforcement of this Title, and may authorize other entities, officials or persons to perform enforcement functions.

Source: PL 6-11 § 46.

§ 513. Enforcement authority.

(1) For the purpose of ascertaining whether there is or has been any contravention of the provisions of this Title or any regulations passed thereunder, any authorized officer may:

(a) Upon the issuance of a warrant, at all reasonable hours, enter any fish processing establishment and any premises other than premises used exclusively as a dwelling-house;

(b) Stop, board and search:

(i) Any foreign or domestic-based fishing vessel within the fishery waters, or

(ii) Any domestic fishing vessel, inside or outside the fishery waters;

(c) Stop and search any vessel or vehicle transporting, or reasonably suspected of transporting, fish or fish products;

(d) Make such examination and inquiry as may appear necessary to him concerning any premises, fish processing establishment, vessel or vehicle in relation to which any of the powers conferred by this Section have been, or may be exercised and take samples of any fish, or fish products, found therein;

(e) Require any person to produce his permit or his authority if it appears to the authorized officer that such person is doing any act for which a permit or other authority is required under this Title and take copies of any such license or other authority;

(f) Require any person to produce any logbook, record or other document required to be held by him under this Title or any regulations made under this Title and take copies of such logbook, record or other document.

(2) Where he has reasonable cause to believe that an offense against the provisions of this Title or any regulations made under this Title has been committed, any authorized officer may, with or without a warrant or other process:

(a) Following hot pursuit in accordance with international law and commenced within the fishery waters, stop, board and search inside or outside the fishery waters any fishing vessel which he believes has been used in the commission of that offense within the fishery waters or in relation to which he believes such offense has been committed and bring such vessel and all persons and things on board within the fishery waters;

(b) Within the fishery waters:

(i) Arrest any person if he has reasonable cause to believe that such person has committed an offense prohibited by this Title or any regulations issued under this Title;

(ii) Seize any fishing vessel used or employed in, or when it reasonably appears to have been used or employed in, the violation of any provision of this Title or any regulations issued under this Title;

(iii) Seize any fishing gear, furniture, appurtenances, stores, cargo, and fish in or on a fishing vessel seized pursuant to this Section; and

(iv) Seize any fish which he reasonably believes to have been taken or fish products produced in violation of any provision of this Title or any regulations issued under this Title.

(3) Any authorized officer may execute any warrant or other process issued by any Court of competent jurisdiction.

(4) Where following the commission of an offense under this Title by a foreign fishing vessel, that vessel is pursued beyond the limits of the fishery waters, the powers conferred on authorized officers under this Section shall be exercisable beyond the limits of the fishery waters in accordance with international law.

(5) Any authorized officer may exercise any other lawful authority for the enforcement of this Title and any regulations issued under this Title.

Source: PL 6-11 § 47.

Annotations

Any attempt to grant statutory authority to permit seizure of a fishing vessel upon a lesser standard than probable cause would raise serious questions of compatibility with Art IV, §§ 3 and 4 of the Constitution. Ishizawa v Pohnpei, 2 FSM Intrm 67, 77 (Pon 1985).

Seizure under the FSM and Pohnpei foreign fishing statutes must be based on probable cause, that is grounds to believe it is more likely than not that a violation of the act occurred and that the vessel was used in that violation. Ishizawa v Pohnpei, 2 FSM Intrm 67, 77 (Pon 1985).

An owner of seized property cannot challenge the statute it was seized under as unconstitutional because the statute fails to provide for notice and a hearing, if procedural due process, notice and a right to a hearing, are provided. FSM v M.T. HL Achiever", 7 FSM Intrm 256, 258 (Chk 1995).

Where a vessel has been arrested pursuant to a warrant a post-seizure hearing is required by the constitutional guarantee of due process. FSM v M.T. HL Achiever (II), 7 FSM Intrm 256, 257 (Chk 1995).

A court may rely on hearsay evidence for the purpose of finding probable cause at a post-seizure hearing. FSM v Yue Yuan Yu No. 708, 7 FSM Intrm 300, 303 (Kos 1995).

Although procedural and evidentiary rules are relaxed at a probable cause hearing a prosecutor may not rely solely on hearsay evidence when other, more competent testimony is available. FSM v Yue Yuan Yu No. 208,7 FSM Intrm 300, 304 (Kos 1995).

In a post-seizure probable cause hearing in a civil forfeiture case the standard for finding that the FSM has probable cause to seize a fishing vessel is defined by reference to 24 FSMCA §513(2). FSM v Yue Yuan Yu No. 708, 7 FSM Intrm 300, 302 n. 1 (Kos 1995).

§ 514. Enforcement of regulations and permits.

For purposes of this Chapter, the terms "provisions of this Title" and "violation of any provisions of this Title" includes the provisions of any regulation or permit issued pursuant to this Title.

Source: FSM Code (1982).

§ 515. Presumption of location of fishing.

Where, in any legal proceedings instituted under this Title or any regulations issued under this Title, the place in which an event is alleged to have taken place is in issue, the place stated in a copy of the relevant entry in the logbook or other official record of an enforcement vessel or aircraft as being the place in which the event took place shall be presumed to be the place in which the event took place, unless the contrary is proved.

Source: PL 6-11 § 48.

§ 516. Immunities.

No action shall lie against the Authority, any authorized officer or observer, or any other person appointed pursuant to this Title in respect of anything done or omitted to be done by him in good faith in the execution or purported execution of his powers and duties under this Title or regulations issued under this Title.

Source: PL 6-11 § 49.

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