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- 1102 - PAL 4 27 PNC 101 FISHERY ZONES AND REGULATION OF FOREIGN FISHING TITLE 27 FISHING DIVISION 1: FOREIGN FISHING 27 PNC 102 Chapter 1: Fishery Zones and Regulation of Foreign Fishing Subchapter I: General Provisions §lOl. Purposes. §l02. Definitions. §lOl. Purposes. By-thia IegisIation, the Republic enacts its own fishery zone legislation to manage, conserve, and regulate the harvesting of fish throughout their habitat, both vithin the reef areas of islands and atolls, and in other areas vithin the jurisdictional competence of the Republic. Source: PL 6-7-14 §l, modified. § 102. De finitions the context otherwise requires, in this chspter: (a) "Atoll" means a circular or oval coral reef forming a geographic and ecologic unity crowned by at least one island. (b) "Authority" means the Palau Maritime Authority established by SUbchapter II of this chapter. (c) "Director" means the Director of the Palau Maritime Authority. (d) "Fish" means sny living resource. (e) "Fishery" means: (1) One or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical recreational, and economic characteristics; and (2) Any fishing for such stocks. 1'27-4

PAL 4 27 PNC 101 FISHERY ZONES AND 27 PNC 102 …extwprlegs1.fao.org/docs/pdf/pau5131.pdfDIVISION 1: FOREIGN FISHING 27 PNC 102 Chapter 1: Fishery Zones and Regulation of Foreign Fishing

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Page 1: PAL 4 27 PNC 101 FISHERY ZONES AND 27 PNC 102 …extwprlegs1.fao.org/docs/pdf/pau5131.pdfDIVISION 1: FOREIGN FISHING 27 PNC 102 Chapter 1: Fishery Zones and Regulation of Foreign Fishing

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PAL 4

27 PNC 101 FISHERY ZONES ANDREGULATION OF FOREIGN FISHING

TITLE 27

FISHING

DIVISION 1: FOREIGN FISHING

27 PNC 102

Chapter 1: Fishery Zonesand Regulation of Foreign Fishing

Subchapter I: General Provisions

§lOl. Purposes.§l02. Definitions.

§lOl. Purposes.By-thia IegisIation, the Republic enacts its own fishery

zone legislation to manage, conserve, and regulate theharvesting of fish throughout their habitat, both vithin thereef areas of islands and atolls, and in other areas vithinthe jurisdictional competence of the Republic.

Source: PL 6-7-14 §l, modified.

§102. Definitions •unles~ the context otherwise requires, in this chspter:

(a) "Atoll" means a circular or oval coral reefforming a geographic and ecologic unity crowned by atleast one island.

(b) "Authority" means the Palau Maritime Authorityestablished by SUbchapter II of this chapter.

(c) "Director" means the Director of the PalauMaritime Authority.

(d) "Fish" means sny living resource.

(e) "Fishery" means:

(1) One or more stocks of fish which can betreated as a unit for purposes of conservation andmanagement and which are identified on the basis ofgeographical, scientific, technical recreational,and economic characteristics; and

(2) Any fishing for such stocks.

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27 PNC 102

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PAL 5

FISHING 27 PNC 102

(f) "Foreign fishing agreement" means an agreementapproved by the national government and one or moreforeign commercial fishing interests to permit foreignvessels to harvest fish within the exclusive or extendedfishery zones of the Republic. A "foreign party" is aparty to such an agreement other than the Authority.

(g) "Foreign Fishing" ceans fishing by vesse Is notduly registered in the Republi~ pursuant to Title 7 ofthis Code.

(h) "Ls Land" means a naturally formedland, surrounded by water, whi~h is above watertide.

area ofat high

finfish, mollusks,marine animal and

(i) "Living resource" meanscrustaceans, and all other forms ofplant life other than marine birds.

(j) "Person" means any individual, corporation,parrnership, association, or other entity, the nationalgovernment or any subdivision or entity thereof, and anyforeign government or any subdivision or entity thereof.

(k) "Reef fish" means any species of livingresource which predominately inhabit reef areas, theterritorial sea, or internal waters, excluding bait fishused in the fishery for highly migratory species.

(1) "Stock of fish" means a species, SUbspecies,geographical grouping, or other category of fish capableof management as a unit.

(e) "Submerged reef" means a coral reef forming ageographic and ecologic unity which is wholly submergeda t high tide.

Source: PL 6-7-14 §2, modified.amended by PL 6-65-8 §l; subsectionPL 6-6S-8 §2.

Subsection (g)(k) amended by

§IZl.

S122.§123.

Subchapter II: PalauMaritime Authority

Palau Maritime Authority; created; terri; chairman;meetings; compensation.Same; rules of procedure and regulations.Same; functions and duties.

TZ7-5

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PAL 6

27 PNC 121 FISHERY ZONES ANDREGULATION OF FOREIGN FISHING

27 PNC 121

§124.§125.

Same; director; staff.Chairman's report.

§12l. Palau Maritime AuthoritYichairmanj meetlngsj compensation.

created; termi

meet at such times andby the chairman or by the

( d ) - - PL 6- 7- 14§l (1), modified.6-7-14 §lO(l), 8S

§122, below.)as amended by

(a) The Authority shallplaces as may be designatedAuthority.

(b) Members of the Authority shall be compensatedat the rate of $20.00 per day when actually on thebusiness of the Authority. If. any. member of theAuthority is employed by the national government heshall receive his regular salary while on the businessof the Authority, or $20.00 per day, whichever isgreater. All members of the Authority shall receive perdiem and travel expenses at established nationalgovernment ratej while on the business of the Authority.

Source: Subsections (a) through§IO{l), as amended by PL 7-1-21(The last three sentences of PLamended, have been moved toSubsection (e) -- PL 6-7-14 §lO(4),PL 7-1-21 §l, modified.

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PAL 7

27 PNC 122 FISHING 27 PNC 123

§122. Same; rules of procedure and r egu Lu t Lon's .

(a) The Authority shall adopt its own rules ofprocedure and regulations by majority vote.

duties,following

(b) Regulations adopted by the Authority shallhave the full force and effect of law. The process ofthe adoption of the regulations by the Authority isexpressly exempt from the requirements of theAdministrative Procedure Act Bet forth in chapter 1 ofTitle 6 of this Code, but the Authority neverthelessshall insure wide dissemination of the proposedregulations and afford the public a reasonableopportunity to present its views prior to the adoptionof any regulations.

Source: Last three sentences of PL 6-7-14 §lO(l),as amended by PL 7-1-21 ,1, modified.

§l23. Same; functions and duties.~ Authority shall have the

functions, and authority:

(a) To adopt regulations for the conservation,management, and exploitation of all living resources inthe extended and exclusive fishery zones of the Republicpursuant to sections 125 and 144 of this title;

(b) To participate in the delimitationextended fishery zone in accordance with sectionthis title;

of the147 of

(c) To negotiate andagreements in accordance withof this title;

concludesections

foreign fishing162 through 165

(d) To issue foreign fishing permits in accordancewith regulations promulgated pursuant to section 122 ofthis title and subsection (a) of this section;

(e) To submit its budget and a report regardingthe expenditure of its funds to the albiil Era Kelulaueach regular session for approval; and

such other duties and functions ascarry out the purposes of this

(f) To per formmay be necessary tochapter.

Source: PL 6-7-14 §lO(2), as amended by PL 7-1-21rr; modified.

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27 PNC 124 FISHERY ZONES ANDREGULATION OF FOREIGN FISHING

27 PNC 141

§124. ~ director! staff.Toe- Authority shai employ a full-time director

qualified in fishery management and experienced ininternational negotiation. The Authority may employ suchother staff as it may deem necessary.

Source: PL 6-7-14 §lO(3). as 8.IIlended by PL 7-1-21§1. modified.

§125. Chairman's repprt.Toe- chairman of the Authority shall report on its

activities to the presiding officers of the Olbiil EraKelulau on a quarterly basis. and to the President on anannual basis. The annual report shall contain a detailedaccounting of the expenditure of funds by the Authority.

Source: PL 6-7-14 §lO(5). as amended by PL 7-1-21§I, mOdified.

Subchapter III: Fishery Zones

§141.§142.§143.§144.§145.§146.§147.

Baselines.Territorial sea; internal waters.Exclusive fishery zone.Extended fishery zone.Merged zone.Submerged reefs.Delimi ta tion.

§l4l. Baselines.A--oaseline is a continuous line which encircles an

island or atoll. The baseline from which the zonesdesignated in this chapter are to be measured is as follows:

(a) The baseline of an island or portion of anisland lacking a barrier reef, fringing reef, or otherreef system is the low water line of the island asmarked on large scale charts officially recognized bythe national government.

(b) The baseline of an atoll or island or: portionof an island having a barrier reef, f.inging reef. orother reef system is a line following the contour of theseaward edge of the reef system. which line connectsthose outermost elevations of the reef which are abovewater at low tide, and which line exists 8S ma~ked onlarge scale charts officially recognized by the nationalgovernment.

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27 PNC 142 FISHING 27 PNC 144

Source: PL 6-7-14 §3, modified.

Cross-reference: ROP Canst., Art. I, ~l.

§l42. Territorial seai internal waters.

(a) There is hereby established a territorial seaof three miles' breadth. The inner boundary of thete~ritorial sea of each island or atoll.~s the baselineas defined in section 14.1 of this title. The outerboundary is a line_, every point of which is threenautical miles seaward of the nearest point on thebaseline.

(b) Waters landward of the baseline, including thelagoons of atolls or islands, are internal waters.

Source: PL 6-7-14 §4, modified.

Cross-reference: ROP,Const., Art. I. §l.

§143. Exclusive fishery zone.

(a) There is hereby established an exclusivefishery zone contiguous to the territorial sea. Theinner boundary of the exclusive fishery zone of eachisland or atoll is the seaward boundary of theterritorial sea, and the outer boundary is a line, everypoint of which is 12 nautical miles seaward of thenearest point on the baseline as defined in section 141of this title.

~) The national government possesses and mayexercise the same sovereign rights to living resourcesin the exclusive fishery zone as it does in theterritorial sea.

Source: PL 6-7-14 §5. as amended by PL 6-65-8 §3,modified.

§144. Extended fishery zone.

(a) There is hereby established an extendedfishery zone contiguous to the exclusive fishery zone.The inner boundary of the extended fi$hery zone of eachisland or atoll is the seaward boundary of the exclusivefishery zone, and the outer boundary is a line, everypoint of which Is 200 nautical miles seaward of thenearest point on the baseline as defined in section 141of this title.

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27 PNC 145 FISHERY ZONES ANDREGULATION OF FOREIGN FISHING

27 PNC 147

(b) The national government shall have exclusivemanagement, conservation, and regulatory authority overall living resources within the extended fishery zone tothe full extent recognized by international law.

Source: PL 6-7-14 §6, modified.

§145. Merged zone.Where the zone of one island overlaps a like zone of

another island, they merge and become one zone, the outerboundary· of which is the seaward-most boundary of the mergedzone.

Source: PL 6-7-14 §7, modified.

§146. Submerged reefs.TraditionalIy recognized fishing rights in submerged

reef areas wherever located within the fishery zones of theRepublic shall be preserved and respected in accordance withthe regulations of the Authority.

Source: PL 6-7-14 98, modified.

§147. Delimitation.

(a) The Authority, the United States Governmentand the Trust Territory Government shall cooperate inthe delimitation of the extended fishery zone when Ieoverlaps a zone of national jurisdiction established byanother nation.

(b) In the event a fishery zone of the Republicoverlaps with that of another nation of the TrustTerritory, the Authority may by agreement wi~h theappropriate agency of that nation resolve the conflictin their respective fishery zones.

Source: PL 6-7-14 §9. modified.

9161.§162.

§163.§164.

Subchapter IV: Regulationof Foreign Fishing

Foreign fishing restricted.Foreign fishing agreementsj exclusive aut~ority ofnational government.Samej terms and conditions Authority is to seek.Samej allowable level of foreign fishing.

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27 PNC 161 F!SIHNC 27 PNC 163

~!65.

§l66.§167.9168.§169.§170.§11l.§172.

SOffit'; a l l o cn t Lo n among fort.ign nlltinl'~ of 1I11oWIIO!l'level of fishing.International fishery agreements.Fishing permits; in general.Same; application prOCCGR.Same; fees and compensation.Same; consequences of prohibited act.Same; noncommercial fishing.Same; bait fish.

§l6l. Foreign fishing restricted.

(a) No foreign fishing veSBC1 may fish in theterritorial sea or internal waters of the Republic forreef fish as defined in section l02(k) of this~itle.

(b) Foreign fishing way be permitted in theterritorial sea, the internal waters, the exclusivefishery zone and the extended fishery zone of theRepublic as provided in sections 161 through 112 of thistitle.

Source: PL 6-7-14 §11, as amended by PL 6-6S-8 §4,modified.

§162. Foreign fishing agreement~i exclusive authorityof natIOnal government.

Each foreIgn fIshing agreement shall acknowledge theexclusive fishery management authority of the nationalgovernment as set forth in this chapter.

Source: PL 6-1-14 §12(1). modified.

(a) The foreign party and the owner or operator ofany fishing vessel fishing pursuant to such agreementwill abide by all regulations issued under authority ofsection 122 of this title.

(b) The foreign party and the owner or operator ofany fishing vessel fishing pursuant to such foreignfishing agreement will abide by the ag~eement that:

(1) Any officer authorized to enforce theprovisions of this chapter shall be permitted toboard and search or inspect any vessel at any time

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27 PNC 163

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PAL 12

FISHERY ZONES ANDREGULATION OF FOREIGN FISHING

27 PNC 163

andand

operatorssha 11 not,the to ta I

and make arrests and seizures provided for insection 188 of this title whenever such officer hasreasonable cause to believe, as a result of such asearch or inspection, that any such vessel or anyperson has committed an act prohibited by thischapter;

(2) Such officer shall also be permitted toexamine and make notations on the permit issuedpursuant to sections 167 through 172 of this title;

(3) The permit issued for any such vesselpursuant to sections 167 through 172 of this titleshall be prominently displayed in the wheelhouse ofsuch vessel;

(4) Appropriate position-fixingidentification equipment shall be installedmaintained 1n working order on each such vessel;

(5) Duly authorized Palauan observers shallbe permitted_ on board any such vessel and thenational government shall be reimbursed for thecost of such observers; and

(6) . Agents shall be appointed and maintainedwithin the Republic who are authorized to. receiveand respond to any legal process Ls sued in theRepublic with respect to such owner or operator.

(c) The foreign party and the owners orof all of the fishing vessels of such partyin any year, exceed such party's allocation ofallowance level of foreign fishing.

(d) Foreign part ieswill:

(1) Apply, pursuant to sections 167 through172, for any required permits;

(2) Deliver promptly to the owner or operatorof the appropriate fishing vessel. any permit whichis issued under those sections for such vessel; and

(3) Abide by the requirement that no foreignfishing will be permitted in tke exclusive orextended fishery zones of the Republic afterJanuary 1, 1979, without a valid and applicablepermit, and the requirement that all conditions and

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'27 PNC l64

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PAL 13

FISHING 21 PNC l66

re~trlctlon6 of the pprmit be complied with.

(e) The foreign party and the owner or operator ofany fishing vessel fishing pursuant to such agreementwill abide by all other terms and conditions of theagreement.

Source: PL 6-7-14 §12(2),--modified.

§164. Same· allowable level of -foreign fishing.Tne-tot~lowable level o£foreIgn fishing, if any,

with-respect to any fishery subject to the provisions ofthis chapter, shall be that portion of the optimum yield ofsuch fishery which will not be harvested by vessels of theRepublic.

Source: PL 6-7-14 §12(3), modified.

§165. Same; allocation among foreign nations ofallowaoTe level of fIshing.

After reviewing recommendations by the Authority, theOlbiil Era Kelulau bylegislat~on shall de t e r'e i.ne theallocation among foreignnations-~ of the total allowablelevel 'of foreign fishing which "is permitted with respect toany fishery subject to the provisions of this chapter. Indetermining the allocationam'ongnations, the Olbiil EraKelulau shall take into consideration:

(a) The extent to whichhave traditionally fishedspecies;

vessels of such nationsthe particular regulated

(b) Whether such nations have cooperated with thenational government In, and made substantialcontributions to, fishery research and theidentification of fishery resources;

(c) Such other matters as it may deem appropriate.

Source: PL 6-7-1~ §l2(4), modified.

§l66. International fishery agreements.An---international fishery agreement is an international

agreement primarily affecting living resources within thefishery zones of the Republic. Such agreements shall benegotiated and concluded in cooperation between the UnitedStates Government and the Authority.. Prior to theconclusion of such an agreement, the United StatesGovernment shall obtain the concurrence of the Olbiil EraKelulau by resolution to its terms and provisions to the

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PAL 14

27 PNC 167 FISHERY ZON~S ANOREGULATION OF FOREIGN FISHING

27 I'NC lb~

extent such terms and provision$ affect living resourceswithin the fishery zones of the Republic.

Source: PL 6-7-14 §13, modified.

§167. Fishing permits; in general.

After January 1, 1979, a foreign fishingvessel may engage in fishing in the exclusive orextended fishery zone of the Republic only if·. suchvessel has on board a valid permit iss~ed under sections167 through 172 for such vessel.

Source: PL 6-7-14 §14(1) and (2), modified.

§168. Same; application process.

(a) Each foreign. party entitled to permits inaccordance with its foreign fishing agreement shall makeapplication on forms prescribed by the Authorityspecifying, among other things:

(1) The name and official number or otheridentification of each fishing vessel for which apermit is sought, together with the name andaddress of the owner thereof;

(2) The tonnage, capacity, speed,equipment, type and quantity of fishingsuch other pertinent information withcharacteristics of each such vesselAuthority may require;

?rocessinggear, andrespect to

as the

(3)to fish;

Each fishery in which such vessel wishes

(4) The amount of fishcontemplated for each suchsuch permit is in force; and

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or tonnage of catchvessel during the time

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PAL 15

27 PNC 169 FISHING 27 PNC 170

(5) The ocean area in which.or period during which, suchconducted.

and the seasonfishing will be

(b) Upon receipt of an application, the Directorshall transmit copies to each member of the Authorityand to the chairman of the Senate Committee on Resourcesand Development.

(c) The Authority shall review the -application,solicit views from appropriate persons in the Republic,hold public hearings where necessary, and-may-approvethe application on such terms and conditions and withsuch restrictions as the Authority deems appropriate.

(d) If the Authority does not approve theapplication submitted by the foreign party, the chairmanshall notify Buchforeign party of the disapproval andthe reasons therefor. After taking into' considerationthe reason for disapproval, the foreign party may submita revised application.

(e) Upon notification by the foreign party ofacceptance of the terms, conditions, and restrictions onthe application and permit, the chairman shall issue thepermit.

Source: PL 6-7-14 §14(3) through (6), and (8),modified.

Same; fees and compensation.and other forms of compensation for the right to

living resources within the territorial sea orzones of the Republic shall be established in the

fishing agreement.

§169.Fees

exploitfisheryforeign

Source: PL 6-7-14 §14(7), modified.

§170. Samet conse6uences of trOhibited act.rr-any fore gn fis Ing vesse for whIch a permit has

been issued pursuant to sections 167 through 172 has beenused in the commission of any act prohibited by thischapter, or if any civil penalty or criminal fine imposed bythis chapter has not been paid and is overdue, ~he Au~hority

shall :

(a) Revoke such permit with or without prejudiceto the right of the foreign party involved to obtain apermit for such vessel in any subsequent yearj or

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27 PNC 171

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PAL 16

FISHERY ZONES ANDREGULATION OF FOREIGN FISHING

27 PNC 181

(b). Suspend such permit for the per iod of timedeemed appropriate; or

(c) Impose additional conditions and restrictionson the approved application of the foreign partyinvolved and on any permit issued under such-application.

Source: PL 6-7-14 §14(9), modified.

§l7l. Same' noncommercial fishing.NOEWithstanaing any other provision of this chapter, the

Authority may by regulation provide for the issuance ofpermits, on reasonable conditions, to foreign vessels orparties for research, recreational, or other noncommercialfishing within the fishing zones of the Republic.

Source: PL 6-7-14 §l4(lO), modified.

§172. Same' bait fish.Not.... ithstanding any other provis ion of this chapter, a

foreign fishing vessel is permitted to fish for bait fishused in the fishery for highly migratory species onlypur_suant - to such terms and conditions as may be contained ina special bait fishing permit to be issued in the solediscretion of the Authority.

Source: PI.. 6-7-14 §14(ll), as added by PL 6-6S-8§6, modified.

Subchapter V: Enforcementand Penalties

§l81.§182.§l83.§184.§l85.§186.§187.§188.§189.§190.

Prohibited acts.Criminal penalties.Civil penal ties.Forfeitures; procedure.Revenues.Jurisdiction of court.Enforcement; primary responsibility.Same; po ers of officer.Same; re ard.Same; provisions of regulation or permit enforceable.

§18l. Prohibited acts.Ir-Is unla.... ful for any person:

(a) To violate any provision of this chapter or ofany regulation or permit issued pursuant to this chapter;

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27 PNC 182

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PAL 17

FISHING 27 PNC 182

(b) To use any fishing vessel to engage in fishingafter revocation, or during the period of suspension, ofan applicable permit issued pursuant to this chapter;

(c) To violate any provision of, or regulationsunder. an applicable foreign fishing agreement enteredinto pursuant to sections 161, and 167 through 172 ofthis title;

(d) To refuse to permit any officer 'authorized toenforce the provisions of this chapter to board afishing vessel subject to such person's control forpurposes of conducting any search or inspection inconnection with· the enforcement of this chapter or anyregulation. permit l or agreement referred to insubsections (a). (b) or (c) of this section;

(e) To forcibly assault, resist, oppose, impede,intimidate. or interfere with any such authorizedofficer in the conduct of any search or inspectiondescribed in ·subsection (d) of this section;

(f) To resist a lawful arrest for any actprohibited by this section;

(g) To knowingly ship, transport, offer for sale,sell, purchase. import, export, or have custody,control, or possession of any fish taken or· retained inviolation of this chapter or any regulation, permit, oragreement referred to in subsections (a), (b) or (c) ofthis section; or

(h) To interfere with, delay, or prevent, by anymeans. the apprehension or arrest of another person.knowing that such person has committed any actprohibited by this aec t Lon,

Source: PL 6-7-14 §15(1), modified. PL 6-7-14§15(2), prohibiting any vessel other than a vesselowned solely by citizens of Palau from fishing inthe territorial sea, was repealed by PL 6-65-8 §5.

§182. Criminal penalties.

(a) A person is guilty of an off~nse if he commitsany act prohibited by section 181 of t~is title.

(b) Any offense describedsection 181 (a), (b), (c), or (g),fine of not more than $50,000.00.

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as a prohibited act byis punishable by a

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27 PNC 183 FISHERY ZONE~ ANDREGULATION OF FOREIGN FISHING

27 PNC 183

(c) Any offense described as a prohibited act bysection 181 (d), (e), (f), . or (h), is punishable by afine of not more than $100,000.00, or imprisonment fornot more than two years. or both; except that if in thecommission of any such offense the person uses adangerous weapon, engages. in conduct that. causes bodilyinjury to any officer authorized to enforce theprovisions of this chapter. or places any such officerin fear of imminent bodily injury the offense ispunishable by a fine of not more than $250.000.00. Eachday of continuing violation shall be considered aseparate offense.

Source: PL 6-7-14 §16, as amended by PL 6-6S-8§7(a), modified.

§183. Civil penalties.

(a) Any person who is found by the Supreme Courtin a civil proceeding to have committed an actprohibited . by section 181 of this title shall be liableto the national government for a civil penalty whichshall not exceed $75,000.00 for each violation. Eachday of continuing violation shall constitute a separateoffense.

(b) In determining the amount of such penalty. theSupreme Court shall take into account the nature.circumstances, extent. and gravity of the prohibitedacts commitied and, with respect to the violators, thedegree of culpability, any history of prior offenses,and such other matters as justice may require.

(c) The Attorney General or the Director or hisdesignee on behalf of the national government isauthorized to initiate all proceedings under thissection and to recover the amount assessed as a civilpenalty.

(d) The proceedsremitted to the Nationalsection 185 of this title.

of civilTreasury

penalties shall bein accordance with

Source: PL 6-7-14 §16. as amended by PL 6-6S-8§7(6). modified.

rz z-rs

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27 PNC 184 FISHING 27 PNC 184

~184. Forfeitures; procedure.

(a) Any fishing vessel, including its fishinggear, furniture, appurtenances, stores, and cargo used,and any fish taken or retained, in any manner, inconnection with or as a result of the commission of anyact prohibited by sect ion 181 of this title, shall besubject to forfeiture to the national government. Allor part of such vessel, ~nd all such fish, shall beforfeited to the national government pursuant to a civilproceeding under this section,

(b) The Supreme Court shall have jurisdiction,upon application by the Attorney General or the Directoron behalf of the national government. to order anyforfeiture authorized under subsection (a) of thissection.

(c) If a judgement .is entered for the nationalgovernment!n a civil forfeiture proceeding under thissection, the Attorney General shall seize any propertyor other interest declared forfeited to the nationalgovernment which has not previously been seized pursuantto this chapter.

(d) The forfeited vessel. gear, furniture.appurtenances, stores. cargo. and fish may be sold andthe proceeds deposited with the Authority for use inaccordance with section 185 of this title, or may beretained for use by or at the direction of the nationalgovernment.

(e) Pending completion of the civil forfeitureproceeding, the seized vessel, gear, furniture,appurtenances, stores, cargo, and fish. or any partthereof, may be discharged at the discretion of thecourt upon deposit with the court of a satisfactory bondor other security at least equal to the fair marketvalue of the seized property. Such bond or othersecurity shall be conditioned upon delivery of suchproperty to the appropriate court upon order thereof,without any impairment of its value, or paying themonetary value of such property pursuant to an order ofsuch court. Judgement shall be recoverable on such bondor other security against both the principal and anysureties in the event ·that any condd t Lcn thereof isbreached. as determin~d by such court. .

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27 PNC 185 FISHERY ZONES ANDREGULATION OF FOREIGN FISHING

27 PNC 188

(f) Any fish seized pursuant to this chapter maybe sold, subject to the approval and direction of thecourt. The proceeds of any such sale shall be depositedwith such court pending the disposition of the civilforfeiture proceeding.

(g) For purposes of this chapter, it shall be arebuttable presumption that· all fish found on board afishing vessel which is seized in .connection with an actprohibited by section 181 of this title were taken orretained in violation of this chapter.

Source: PL 6-7-14 §17, modified.

fees collected by the Authorityand all fines and proceeds of salebe transmitted immediately upon

Treasury.

§185. Revenues.Arr-revenues, Including

pursuant to section 169of all forfeitures shallcollection to the National

Source: PL 6-7-14§l8, modified.

§l86. Jurisdiction of court.Toe- Supreme Court 8haII have exclusive jurisdiction over

any case or controversy arising under this chapter. Thecourt. may at any time enter restraining orders orprohibitions, issue warrants, process in rem, or otherprocesses, prescribe and accept satisfactory bonds or othersecurity, and take such other actions as are in theinterests of justice.

Source: PL 6-7-14 §19, modified.

§187. Enforcement· Erimary responsibility.Primary responsI6ility tor the enforcement of this

chapter shall be assumed by the Office of the AttorneyGeneral through the Bureau of Public Safety. The Presidentand the Attorney General may, from time to time, seekenforcement assistance from the United States Government.

Source: PL 6-7-14 §20(1), modified.

§188. Sameiwfi0wers of officer.Any officer 0 is authorized by the Attorney General to

enforce the provisions of this chapter may:

(a) with or without a warrant or other process:

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27 PNC 189

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FISHING 27 PNC 190

(1) Arrest any person, if he has reasonablecause to believe that such person has committed anact prohibited by section' 181 of this title;

(2) Board and search or inspect any fishingvessel which is subject to the provisions of thischapter;

(3) Seize any fishing vessel when the vesselhas been used or employed in. or When it' reasonablyappears that such vessel was used or employed in,violation of any provision of this chapter;

(4) seize any fishing gear. furniture,appurtenances. stores. cargoes, and fish in thepoasession 'of a fishing 'vessel seized pursuant toauthority granted by paragraph (3) of thissubsection; and

(5) Seize any other evidence related to anyviolation of any provis'ion of this chapter.

(b) Execute any warrantor other process issued byany court of competent jurisdiction; and

(c) Exercise any other lawful authority.

Source: PL 6-7-14 §20(2). modified.

§189. sameJ reward.Any indivi uaI Who provides information to the Attorney

General concerning any violation of this chapter. whichresults 1n the imposition of any penalty under section 182or 183 of this title shall be paid 50 percent of any suchpenalty imposed and collected.

Source: PL 6-7-14 §20(3). modified.

§l90. Same; provisions of regulation or permitenforce8ble.

For purposes of this chapter. the terms "provLsions ofthis chapter" and "violation of any pr ov Lsions 0 f thischapter" include the provisidns of any regulation or permitissued pursuant to this chapter.

Source: PL 6-7-14 §20(4). l2Iodifi~d.

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