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Territory, Economic Zones and Ports of Entry, Seizure and Forfeiture Proceedings [Title 18 Chapter 3 Subchapter II]

LAWS OF THE FEDERATED STATES OF MICRONESIA

[1999 FSM Code Annotated]

TITLE 18
TERRITORY, ECONOMIC ZONES, AND PORTS OF ENTRY

CHAPTER 3

REGULATION OF FOREIGN VESSELS

Subchapter II

Seizure and Forfeiture Proceedings

§ 321. Seizure authorized.

Any District Administrator or any person authorized by him to make seizures under this Chapter, who has reasonable cause to believe that a vessel is subject to seizure for any violation of Subchapter I of this Chapter, may seize such vessel, together with her apparel, tackle, furniture, and equipment. The authority granted in this Section shall not bar an application to the Trial Division of the High Court for a warrant of arrest of a vessel which has not been seized under this Section.

Source: FSM Code (1982).

Annotations

National and State governments have enacted specific statutes governing foreign fishing which effectively repeal Section 321 for purposes of illegal fishing violations covered by the new statutes. Ishizawa v Pohnnei, 2 FSM Intrm 67, 73 (Pon 1985).

§ 322. Report of seizure.

If the person making a seizure under this Chapter is not a District Administrator, he shall immediately report the seizure to the District Administrator who authorized him so to act. It shall be the duty of the District Administrator, whenever a seizure has been made by his authority under this Chapter, to report it promptly to the district attorney and to the Attorney General of the Trust Territory, including in such report a statement of the names of any witnesses thereto.

Source: FSM Code (1982).

§ 323. Investigation and prosecution by district attorney.

The district attorney of the District in which a seizure has been made for a violation of Subchapter I of this Chapter or in which such a violation occurs shall immediately inquire into the facts of the case reported to him by the District Administrator or other proper officer. If it appears probable that any forfeiture has been incurred by reasons of such violation, the district attorney shall forthwith cause a libel to be filed and prosecuted in the Trial Division of the High Court for the condemnation and forfeiture of the vessel involved, together with her tackle, apparel, furniture, and equipment; provided, however, that if, upon inquiry and examination, the district attorney decides that such libel cannot probably be sustained or that the ends of justice do not require that it should be instituted or prosecuted, he shall report the facts to the High Commissioner for his direction in the premises.

Source: FSM Code (1982).

§ 324. Custody of vessel and equipment.

Any foreign vessel, together with her tackle, apparel, furniture, and equipment, seized under this Subchapter shall be placed and remain in the custody of the District Administrator for the District in which the seizure was made to await disposition according to this Chapter.

Source: FSM Code (1982).

§ 325. Notice of libel.

After the filing of a libel under this Chapter, the reputed owner of the vessel involved and any reputed holders of liens upon her shall be given due notice of the seizure and of the forfeiture proceedings in such manner as the court shall direct; provided, that no failure of such notice to reach the owner or any holder of a lien upon the vessel shall invalidate the proceedings provided the vessel has been seized in accordance with this Chapter or has been arrested under a warrant of arrest issued by the court.

Source: FSM Code (1982).

§ 326. Filing of claims to vessel, equipment, and cargo.

(1) Any person claiming a vessel seized under this Chapter may, at any time within 45 days after seizure or arrest of the vessel, or such longer time, if any, as the court may allow, file in the Trial Division of the High Court in the District in which the seizure or arrest was made, a claim stating his interest therein.

(2) Upon filing of such claim the court shall, after such notice, if any, as it deems justice requires, proceed to adjudicate the interests in the vessel, together with her tackle, apparel, furniture, and equipment, and determine whether they shall be condemned and forfeited.

(3) If the claimant is the owner or the person otherwise entitled to immediate possession of the vessel, he shall have the burden of proof to show that the violation occurred without his knowledge or without any negligence on his part. Upon satisfactory proof that the violation occurred without his knowledge or any negligence on his part, he shall be entitled to a return of said vessel, together with her tackle, apparel, furniture, and equipment.

(4) If the claimant is a lien holder, he shall, upon satisfactory proof that the violation occurred without his knowledge or any negligence on his part, be entitled to have the amount of his lien determined and protected in the manner and to the extent the court determines justice requires, in any judgment entered under this Chapter.

Source: FSM Code (1982).

§ 327. Forfeiture-Sale or retention of vessel.

If, after due process of law, the court finds in favor of the libelant, the court shall condemn and declare the vessel forfeited, together with her tackle, apparel, furniture, and equipment, and shall order the sale thereof at public auction or shall order the vessel forfeited to the High Commissioner for the use of the Trust Territory, subject in either case to such provisions as the court deems justice requires for the protection of liens which have been determined in accordance with Section 326 of this Subchapter.

Source: FSM Code (1982).

§ 328. Disposition of proceeds of sale.

The proceeds of the sale shall be disposed of as follows:

(1) the payment of all proper expenses of the proceedings of forfeiture and sale including expenses of seizure, maintaining the custody of the vessel, advertising, and court costs;

(2) the payment of liens to the extent that the court has determined they shall be protected in accordance with Sections 326 and 327 of this Subchapter; and

(3) the residue, if any, shall be deposited with the treasurer of the Trust Territory as a navigation fine.

Source: FSM Code (1982).

§ 329. Judgment for return.

Upon the entry of judgment in favor of a claimant who is the owner or the person otherwise entitled to immediate possession, all the property seized or arrested shall be returned forthwith to the claimant or his agent; provided, that, if it appears there was reasonable cause for the seizure or arrest, the court shall cause a proper certificate thereof to be entered and the claimant shall not be entitled to costs, nor shall the person who made the seizure, nor the prosecutor, be liable to suit or judgment on account of such seizure or prosecution.

Source: FSM Code (1982).

§ 330. Compromise of claims.

Any claim for forfeiture under this Chapter may be compromised by the High Commissioner at any time on such terms and conditions as he deems reasonable and just. The High Commissioner may in connection therewith remit or mitigate the forfeiture or any part thereof, or order discontinuance of any prosecution relating thereto; provided that nothing in this Section shall be construed to deprive any person without his consent of an award made before such compromise.

Source: FSM Code (1982).

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