Fisheries Enforcement Act
TITLE 51 – MANAGEMENT OF MARINE RESOURCES
CHAPTER 5 - FISHERIES ENFORCEMENT
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
FISHERIES ENFORCEMENT ACT
Arrangement of Sections
Section Page
PART I- MEASURES TO COMBAT ILLEGAL, UNREPORTED AND 5
§501. Short Title. ............................................................................................................................. 5
§502. Enforcement Responsibility. ............................................................................................... 5
§503. Marshall Islands Record of Fishing Vessels. .................................................................... 6
§504. Authorization to Fish in areas beyond the Fishery Waters. ........................................... 8
§505. Use of Vessels of other Flags by Marshall Islands national beyond the Fishery
Waters. ................................................................................................................................. 10
§506. Port State measures. ........................................................................................................... 10
§507. Mobile Transceiver Unit Requirements. ......................................................................... 12
§508. Vessel Monitoring system: Information. ......................................................................... 14
§509. Mobile Transceiver Unit - Evidence. ............................................................................... 14
§510. Catch Certification. ............................................................................................................. 15
PART II - APPOINTMENT, POWERS AND DUTIES OF AUTHORIZED
OFFICERS 16
§511. Appointment of Authorized Officers. ............................................................................. 16
§512. Powers of Authorized Officers within the Fishery Waters. ......................................... 17
§513. Powers of Authorized Officers beyond the Fisheries Waters. ..................................... 21
§514. Requirements for seized vessels and seized product, etc. ............................................ 21
§515. Removal of parts from seized vessels, etc. ...................................................................... 22
§516. Appointment of Authorized Observers. ......................................................................... 23
§517. Duties to Authorized Observers. ..................................................................................... 23
§517A. Duties of Fish Processing Establishment operators. ...................................................... 25
§518. Duties to Authorized Officers and Authorized Observers. ......................................... 26
§519. Identification of Authorized Officers and Authorized Observers. ............................. 27
§520. Reserved. ............................................................................................................................. 28
PART III - MISCELLANEOUS 28
§521. Information and documentation to be true, complete and accurate. ......................... 28
§522. Stowage of Gear. ................................................................................................................ 28
§522. Fish samples. ....................................................................................................................... 28
§524. Contamination of the Fishery Waters. ............................................................................ 29
§525. Liability of Operator. ......................................................................................................... 29
§526. Civil liability of officers of companies. ........................................................................... 29
§527. Application of other laws. ................................................................................................ 30
§528. Application of laws of other States. ................................................................................. 30
§529. Subsequent offenses. ......................................................................................................... 30
§530. Banning Order. ................................................................................................................... 31
PART IV - JURISDICTION, LEGAL PROCEEDINGS AND EVIDENCE 31
§531. Jurisdiction of the Court.................................................................................................... 31
§532. Civil Proceedings. .............................................................................................................. 32
§533. Adjudication Proceedings. ................................................................................................ 32
§534. Summary Administrative Proceedings. .......................................................................... 33
§535. Liability for non-payment of penalties. .......................................................................... 34
§536. Liability for loss or damage. ............................................................................................. 35
§537. Certificate evidence. .......................................................................................................... 35
§538. Validity and procedures for certificates.......................................................................... 36
§539. Certificate as to the location of a vessel. ......................................................................... 37
§540. Photographic Evidence. .................................................................................................... 38
§541. Presumptions. ..................................................................................................................... 39
§542. Burden of Proof. ................................................................................................................. 40
§543. Destruction of Evidence. ................................................................................................... 40
§§544 -560. Reserved ...................................................................................................................... 41
PART V- FORFEITURE AND DISPOSITION OF SEIZED OR
CONFISCATED PROPERTY 41
§561. Forfeiture of property. ....................................................................................................... 41
§562. Disposition of seized or confiscated fish or fish products. .......................................... 42
§563. Disposition of forfeited or seized goods. ........................................................................ 42
§563A. Documentation and Records. ........................................................................................... 43
§564. Unlawful removal of item in custody. ............................................................................ 43
§565. Liability for property in custody. .................................................................................... 43
§566. Release of Seized Goods. ................................................................................................... 44
§567. Holding of seized goods. .................................................................................................. 45
§568. Application of bond, etc. ................................................................................................... 45
PART VI - COMPLAINTS, NOTICES AND INVESTIGATIONS 46
§569. Dissatisfaction with decision of authorized officer. ...................................................... 46
§570. Precautionary notice. ......................................................................................................... 46
§571. Notice to rectify or cease activity. .................................................................................... 47
§572. Investigations ...................................................................................................................... 48
SCHEDULE 49
INFORMATION TO BE PROVIDED IN AN APPLICATION FOR RECORDING A
VESSEL ON THE RECORD OF FISHING VESSELS TO FISH IN AREAS BEYOND
THE FISHERY WATERS OF THE MARSHALL ISLANDS 49
SCHEDULE 2 50
VESSEL MARKING SPECIFICATIONS AND STANDARDS 50
2.1. General requirements. ....................................................................................................... 50
2.2. Markings and other technical specifications. ................................................................. 51
TITLE 51 – MANAGEMENT OF MARINE RESOURCES
CHAPTER 5 - FISHERIES ENFORCEMENT
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
FISHERIES ENFORCEMENT ACT
AN ACT to define the primary responsibility for fisheries enforcement to combat
illegal, unreported and unregulated fishing within and outside the Fishery Waters of
Marshall Islands.
Commencement: October 13, 1997
Source: P.L. 1997-60
Amended By: P.L. 2011-63
PART I- MEASURES TO COMBAT ILLEGAL, UNREPORTED ANDUNREGULATED FISHING
§501. Short Title.
This Chapter may be cited as the Fisheries Enforcement Act. [Short title suppliedby Commissioner during codification.]
§502. Enforcement Responsibility.
(1) The Authority shall have primary responsibility for fisheries
enforcement, including:
(a) monitoring, control and surveillance of all fishing operations
within the Fishery Waters;
(b) the enforcement of this Title;
(c) the inspection, audit and control of processing and export
operations; and
(d) the implementation of regional and international obligations
with regard to monitoring, control and surveillance measures
to combat illegal, unreported and unregulated fishing within
and outside the Fishery Waters of Marshall Islands.
(2) The Authority shall, as appropriate, involve participation by relevant
Government departments or offices in fisheries enforcement.
(3) The Authority may authorize other entities, agencies, officials or
persons in the Marshall Islands, or foreign government agencies or
persons to perform fisheries enforcement functions in collaboration
with or on behalf of the Marshall Islands under terms and conditions
in bilateral or multilateral agreements or arrangements.
[P.L. 1997-60, §80.][Part I amended by P.L.2011-63 to incorporate provisions relating to IUU fishing].
§503. Marshall Islands Record of Fishing Vessels.
(1) The Authority shall maintain a record of all fishing vessels entitled to
fly the flag of the Marshall Islands that are authorized to fish
pursuant to this Title in areas beyond the Fishery Waters. The record
of fishing vessels shall be called the Marshall Islands Record of
Fishing Vessels.
(2) Subject to subsection (3), the record under subsection (1) shall contain
the information as set out in Schedule 1 to this Chapter.
(3) Despite subsection (2), the Director may require further information
to be provided if such information is necessary in order to comply
with relevant measures adopted by any regional or sub-regional
fisheries management organization or arrangement of which the
Marshall Islands is a member.
(4) For the avoidance of doubt, the Marshall Islands Record of Fishing
Vessels shall be in addition to any requirements for registration of
vessels entitled to fly the Marshall Islands under the Maritime
Administration Act (47 MIRC Ch.2).
(5) All fishing vessels entitled to fly the flag of the Marshall Islands and
intending to fish in areas beyond the Fishery Waters of the Marshall
Islands shall apply in writing to the Authority through the Director,
accompanies by the information required in Schedule 1 to this
Chapter, to be recorded on the Marshall Islands Record of Fishing
Vessels. Applications for recording shall be made by the owner, or
operator, or charterer, or lessee of the fishing vessel.
(6) If the Authority is satisfied that the fishing vessel complies with the
requirements for recording of a vessel on the Marshall Islands Record
of Fishing Vessels as set out in this Chapter, the Authority shall
record the vessel on the Record of Fishing Vessels.
(7) The Authority shall process every application submitted pursuant to
subsection 5 of this section within 14 days of receipt of the
application.
(8) Application for recording on the Marshall Islands Record of Fishing
Vessels shall not be valid unless the vessel is marked in accordance
with the Food and Agriculture Organization of the United Nations
“Specifications for the Marking and Identification of Fishing Vessels,”
as modified, in Schedule 2 to this Chapter. The Authority may
require the vessel to be inspected to ensure the vessel is marked in
accordance with the requirements in Schedule 2 to this Chapter. The
Authority’s power to inspect a vessel under this subsection may be
delegated to other organizations or agencies.
(9) The Authority may cause to be provided to any foreign government,
international, regional or sub-regional fisheries management
organization such information on the Marshall Islands Record of
Fishing Vessels, additions to the Record, deletions from the Record,
the withdrawal of any authorization to fish, information that a vessel
is no longer entitled to fly the flag of the Marshall Islands, if such
information is required to fulfill any international obligations of the
Marshall Islands.
(10) The owner, operator, charterer, or lessee of any fishing vessel entitled
to fly the flag of the Marshall Islands who knowingly provides false
information required in Schedule 1 of this Chapter, shall be guilty of
an offense and upon conviction shall be liable to a fine not exceeding
two hundred fifty thousand ($250,000).
(11) The owner, operator, charterer, or lessee of any fishing vessel entitled
to fly the flag of the Marshall Islands who engages in fishing outside
the Fishery Waters of the Marshall Islands without providing
information required in Schedules 1 and 2 of this Chapter, shall be
guilty of an offense and upon conviction shall be liable to a fine not
exceeding two hundred and fifty thousand ($250,000).
(12) In addition to any penalty that the Courts may impose, the Authority
may cancel the Authorization of a fishing vessel where the vessel has
been found guilty of contravening the requirements under this
section.
§504. Authorization to Fish in areas beyond the Fishery Waters.
(1) An Authorization to a vessel to fish in areas beyond the Fishery
Waters of the Marshall Islands is required for the owner, operator,
charterer, or lessee of any fishing vessels entitled to fly the flag of the
Marshall Islands to fish:
(a) in any area subject to the jurisdiction of a foreign State except
in accordance with the laws, license and any conditions, of that
foreign State;
(b) in an area subject to a treaty or multilateral access agreement
except in accordance with that treaty or agreement;
(c) on the high seas except in accordance with a license issued in
accordance with section 503 of this Chapter;
(d) in an area subject to international conservation and
management measures except in accordance with those
measures.
(2) Applications for authorization to fish in areas beyond the Fishery
Waters of the Marshall Islands shall be made in writing to the
Authority in the form prescribed in Schedule 4 to this Chapter.
(3) The Authority shall process every application submitted pursuant to
subsection 2 of this section within 14 days of receipt of the
application.
(4) The Authority shall not issue an Authorization to a Marshall Islands
fishing vessel to fish in areas beyond the Fishery Waters of the
Marshall Islands unless such vessel is on the Marshall Islands Record
of Fishing Vessels and is on the Record of Fishing Vessel maintained
by any relevant sub-regional, regional or international fishery
management organizations or arrangements to which the Marshall
Islands is a member or a cooperating non-member.
(5) In issuing an Authorization to Fish under this section, the Authority
shall have regard to the record of compliance of the vessel, its owners
and operators with conservation and management measures of the
Marshall Islands and other States and with those established by sub-
regional and regional fisheries management organization or
arrangements.
(6) An Authorization to fish beyond the Fishery Waters may be issued
subject to such conditions as the Authority considers appropriate.
Such conditions may relate inter alia to:
(a) the areas where fishing is authorized;
(b) the season, times, and voyages during which the fishing is
authorized;
(c) the species, size, age, quantities of fish that may be taken;
(d) the method by which the fish may be taken;
(e) the types, size and amount of fishing gear that may be used;
(f) the transshipment of the fish;
(g) the installation and maintenance of any vessel monitoring
devices or other equipment;
(h) the provision of catch and effort data and other information
necessary to manage and control the fishery;
(i) measures to give effect to sub-regional, regional and
international fisheries conservation and management
measures; and
(j) compliance with the fisheries laws and regulations of
other states.
(7) The operator, master, charterer, lessee or agent of a fishing vessel
which has been issued with an Authorization to Fish beyond the
Fishery Waters of the Marshall Islands shall ensure that the vessel
carries the Authorization at all times. The Authorization must be
clearly displayed in the wheel house where it can be visible
to inspectors.
(8) The holder of an authorization to fish beyond fishery waters must
duly notify the Authority within seven (7) working days of the
change of ownership of the vessel or operator of the vessel.
(9) The Authority may cancel an Authorization issued where the holder
of the Authorization was found guilty of an offence against this Title
or has a record of Illegal, Unreported and Unregulated fishing
subsequent to the issuance of the Authorization.
(10) Where any vessel is used in contravention of this section or a
condition of authorization imposed under this section, the owner,
operator, charterer, or lessee and master of such vessel each commits
an offence and upon conviction shall be liable to a fine not less than
twenty five thousand ($25,000) and not exceeding two hundred fifty
thousand ($250,000).[inserted by P.L.2011-63].
§505. Use of Vessels of other Flags by Marshall Islands national beyond
the Fishery Waters.
The Authority may make regulations governing the citizens of the Marshall
Islands and body corporate incorporated in the Marshall Islands operating
on vessels of other flags beyond the Fishery Waters. Regulations made
under this section may cover, inter alia, authorization to operate such
vessels and conditions of authorization and compliance with the laws and
regulation of other States.[inserted by P.L.2011-63]
§506. Port State measures.
(1) For the purposes of promoting the effectiveness of international
conservation and management measures adopted by subregional,
regional or global fisheries management organizations, treaties or
arrangements and combating Illegal, Unreported and Unregulated
fishing, the Authority may, in consultation with the relevant agencies
involved in port management in the Marshall Islands, prohibit from
entering a port of the Marshall Islands a foreign fishing vessel which
has been reasonably suspected of having engaged in or supporting
fishing in contravention of the conservation and management
measures of a regional or subregional fisheries management
organization, unless it can be established that the catch on board has
taken in a manner consistent with he relevant conservation and
management measures. Such a prohibition may apply to an
individual vessel or to a fleet of vessels.
(2) The Authority may make regulations concerning the
following matters:
(a) the designation and publication of ports in the Marshall
Islands to which foreign fishing vessels may be
permitted access;
(b) the designation of port inspectors;
(c) the training and qualifications of port inspectors;
(d) establishing the procedures, the contents of and the results to
be obtained from an inspection regime, including the adoption
of port measures adopted by a subregional, regional or global
fisheries organization, treaty or arrangement;
(e) prescribing the powers of inspectors, the mode of conducting
an inspection, including the power to inspect any area of the
fishing vessel, the catch (whether processed or not), any
fishing gear, equipment or other gear and document which the
inspector deems necessary to verify compliance with relevant
conservation and management measures;
(f) requiring the provision of such assistance or information as
may be needed in order to undertake inspections;
(g) requiring, prior to allowing port access to a foreign fishing
vessel, that such vessel provides such notice as may be
promulgated by regulation prior to entering its port or its
exclusive economic zone for the purpose of port access,
including vessel identification, any authorization to fish,
information on its fishing trip and vessel monitoring systems,
quantities of fish on board and such other documentation or
information as may promulgated by regulation made by
the Authority;
(h) regulating or prohibiting the landing, transshipment,
packaging or processing of fish, or refuelling or resupplying a
vessel, including the prohibition of port access of a vessel
which has been identified or reported as having been engaged
in or supporting fishing activities in contravention with
subregional, regional or global conservation measures, or
where there are reasonable grounds for presuming that a
vessel has been engaged in such activity;
(i) regulating or prohibiting the port access of a vessel that has
been included on the list of vessels maintained by sub-
regional, regional or global fisheries organizations that are
believed to have engaged in Illegal, Unregulated or
Unreported fishing;
(j) regulating or prohibiting the landing, transshipment,
packaging or processing of fish, or re-fueling or re-supplying a
vessel, including the prohibition of port access of a vessel
which has been identified or reported as having been engaged
in or supporting fishing activities in areas under national
jurisdiction in contravention of the laws of a particular
country, or fishing on high seas without an authorization to do
so from its Flag State or where there are reasonable grounds
for presuming that a vessel has been engaged in such activity;
(k) authorizing the cooperation and exchange of information,
including inspection results with other States and subregional,
regional or global fisheries or organizations;
(l) providing for a system of appeal against decisions taken in
respect of fishing vessels under this section;
(m) providing for any other measures that may be agreed to by
subregional, regional or global fisheries organizations, treaty
or arrangements.
(3) References to ports in this section include offshore terminals and
other installations for landing, transshipping, re-fueling or
resupplying vessels.
(4) Any person who fails to comply with the provisions of this section or
with any regulations made pursuant to this section commits an
offence and upon conviction shall liable to a fine not less than twenty
five thousand ($25,000) and not exceeding two hundred thousand
($250,000).[inserted by P.L.2011-63]
§507. Mobile Transceiver Unit Requirements.
(1) The owner or operator of every fishing vessel permitted to fish in the
Fishery Waters of the Marshall Islands pursuant to this Title, shall
install, maintain and operate a registered mobile transceiver unit at
all times while in the Fishery Waters or such other area designated,
and in accordance with:
(a) the manufacturer’s specifications and operating
instructions; and
(b) such standards as may be required by any organization of
which the Marshall Islands is a member; and
(c) such other conditions as may be imposed by the Authority.
(2) The requirements in subsection (1) of this section shall, while in areas
beyond the Fishery Waters, apply to every fishing vessel entitled to
fly the flag of the Marshall Islands and included on the Marshall
Islands Record of Fishing Vessels and authorized to fish beyond the
Fishery Waters.
(3) The operator of each vessel referred to in subsections (1) and (2) shall
ensure that:
(a) no person tampers or interferes with the mobile transceiver
unit and that the mobile transceiver unit is not altered,
damaged, disabled or otherwise interfered with;
(b) the mobile transceiver unit is not moved from the required or
agreed installed position or removed without the prior written
permission of the Director;
(c) the mobile transceiver unit switched on and is operational at
all times during the period of validity of the license or
authorization, even when the fishing vessel is in its own port.
(d) upon notification by the Authority that the vessel’s mobile
transceiver unit has failed to transmit, the directives of the
Authority are complied with until such time that the vessel’s
mobile transceiver unit is functioning properly;
(e) the mobile transceiver unit is registered as the Authority may
direct or as may be prescribed, at the operator’s expense.
(4) The operator of each vessel referred to in subsection (1) and (2) or his
or her authorized agent, upon notification by the Authority that the
vessel’s mobile transceiver unit has failed to report, shall ensure that
reports containing the vessel’s name, call sign, position (expressed in
latitude and longitude to minutes of arch), and date and time for the
report, are communicated to the Authority at intervals of 8 hours or
such shorter period specified by the Authority, commencing from the
time of notification of the failure of the mobile transmitting device.
Such report must continue until such time as the mobile transceiver
unit is confirmed operational by the Authority.
(5) If it is not possible to make any one or more of the further position
reports described in subsection (3), or when the Authority so directs,
the master of the vessel must immediately stow the fishing gear and
take the vessel directly to a port identified by the Authority, and as
soon as possible, report to the Authority that the vessel is being, or
has been, taken to port with gear stowed.
(6) Any operator, including the master, owner and charterer, who does
not comply with subsections (1), (2), (3) or (4) commits an offence and
shall be liable on conviction to a fine not less than twenty five
thousand ($25,000), and not exceeding two hundred thousand
($200,000), and in addition the applicable license or authorization
shall be cancelled.
(7) The Authority shall implement the necessary administrative and
technical measures necessary to monitor the activities of fishing
vessels in the Fishery Waters and vessels entitled to fly the Flag of the
Marshall Islands that are authorized to fish beyond the Fishery
Waters. The Authority may enter into arrangements with other States
or regional fisheries management organizations and arrangements to
this effect.[inserted by P.L.2011-63]
§508. Vessel Monitoring system: Information.
(1) Ownership of all vessel monitoring system information generated by
a mobile transmitting device required and operating under this Title
is vested in the Marshall Islands.
(2) All vessel monitoring information shall be classified as confidential
information, and shall be subject to such procedures as may be
prescribed by regulation.
(3) Any person who divulges information from a vessel monitoring
system, to any person or persons not authorized to receive such
information commits an offence and shall be liable on conviction to a
fine not less than fifteen thousand ($15,000) and not exceeding one
hundred thousand ($100,000).[inserted by P.L.2011-63]
§509. Mobile Transceiver Unit - Evidence.
(1) All information or data obtained or ascertained by the use of a mobile
transceiver unit shall be presumed, unless the contrary is proved, to:
(a) come from the vessel so identified;
(b) be accurately relayed or transferred;
(c) be given the master, owner and charterer of the vessel; and
(d) evidence may be given of information and data so obtained or
ascertained whether from a printout or visual display unit.
(2) The presumption in subsection (1) shall apply whether or not the
information was stored before or after any transmission or transfer.
(3) A mobile transceiver unit installed and operated in accordance with
this Title shall be judicially recognized as notoriously accurate.
(4) The presumption set in subsection (3) shall apply whether or not the
information was stored before or after any transmission or transfer.
(5) Any person may give a certificate stating:
(a) his or her name, address and official position;
(b) he or she is competent to read the printout or visual display
unit of any machine capable of obtaining or ascertaining
information from a mobile transceiver unit;
(c) the date and time the information was obtained or ascertained
from the MTU and the details of the information obtained;
(d) the name and call sign of the vessel on which mobile
transceiver unit is or was located as known to him or her, or as
ascertained from any official register, record or other
document; and
(e) a declaration that there appeared to be no malfunction in the
mobile transceiver unit, its transmissions, or other machines
used in obtaining or ascertaining the information. [inserted byP.L.2011-63]
§510. Catch Certification.
(1) In order to support global efforts to combat Illegal, Unreported and
Unregulated fishing, the Authority shall develop and implement a
system of catch certificate which shall accompany all exported wild
caught seafood products by fishing vessels entitled to fly the flag of
the Marshall Islands.
(2) The certification implemented under sub-section (1) of this section
shall contain:
(a) basic information to identify the vessel, such as the name of
the fishing vessel, home port and registration number, call
sign, license number, Inmarsat number and IMO number
(if issued);
(b) information on the product (the type of species, catch areas
and dates, estimated live weight and verified weight land, as
well as the applicable conservation and management measures
and any transshipment at sea;
(c) information and declaration on export and import of the
fisheries product (including the vessel name and flag, flight
number, airway bill number, truck nationality and registration
number, other transport documents and container number.
(3) The master of every fishing vessel entitled to fly the Flag of the
Marshall Islands shall complete the catch certificate referred to in
subsection (1) of this Section.
(4) The Authority shall validate each catch certificate, attesting to the
veracity of the details of such certificate required in subsection (2) of
this section.
(5) All seafood products imported into the Marshall Islands for
reprocessing for the purpose of re-export shall be accompanied by a
valid certificate similar to the one in subsection (1) of this section.
(6) A catch certificate system developed and implemented by a regional
fisheries management organization or arrangement to which the
Marshall Islands is a member or a cooperating non-member may be
accepted as a valid catch certificate pursuant to this section. [inserted byP.L.2011-63]
PART II - APPOINTMENT, POWERS AND DUTIES OF
AUTHORIZED OFFICERS
§511. Appointment of Authorized Officers.
(1) The Authority may, after consultation with the Attorney-General,
appoint in writing any person or class of persons as authorized
officer for the purposes of enforcing this Title and such persons shall
exercise all powers and privileges accorded by this Title.
(2) For all monitoring, control and surveillance and enforcement duties
and obligations provided under this Title and all other duties
provided under this Title, except any duties arising from the licensing
and reporting requirements and fish processing establishment
requirements of this Title, police officers of the Department of Public
Safety are deemed to be authorized officers;
(3) Any person or class of persons appointed as authorized officer in
accordance with an access agreement, a fisheries management
agreement or similar cooperative arrangement to which the Republic
of the Marshall Islands is party, who is not a citizen or has not been
appointed in accordance with Subsection (1), shall have such rights
and privileges of a citizen as may be necessary for the performance of
his or her duties, and all provisions of this Title relating to authorized
officers shall be applicable to such persons.
(4) Any person or class of persons appointed as authorized officers
pursuant to Subsection (2) may perform duties which include:
(a) for an authorized officer of the Republic of the Marshall
Islands, to perform fisheries surveillance and law enforcement
functions on behalf of the Republic of the Marshall Islands
while on board a vessel or aircraft of another party; and
(b) for an authorized officer of another party to such agreement,
to perform fisheries surveillance and law enforcement
functions on behalf of the Republic of the Marshall Islands
while on board the vessel or aircraft of that other party, and all
provisions of this Title relating to authorized officers shall be
applicable to such persons carrying out their duties in the
areas of national jurisdiction of the Republic of the Marshall
Islands.
(5) Any authorized officer is deemed to be an authorized inspector for
purposes of the United Nations Agreement. [P.L. 1997-60, §812.][ The followingparenthetical remarks were included in the Act following this Section: [Subsection (1) is similar to
existing section 50(1). Subsection (2) is the same as existing 50(2), and subsection (3) implements
ArticleVI (4) and (5) of the Niue Treaty. Subsection (4) clarifies subsection 2, and subsection (5) refers
to Article 21 of the UN Agreement][amended by P.L.2011-63]
§512. Powers of Authorized Officers within the Fishery Waters.
(1) For the purposes of enforcing this Title, any authorized officer may:
(a) stop, board, remain on board and search any vessel in the
Fishery Waters he or she reasonably believes is a fishing
vessel, and any fishing vessel registered under the laws of the
Republic of the Marshall Islands outside the Fishery Waters,
and stop and search any vessel, vehicle or aircraft he or she
reasonably believes may be transporting fish or engaging in
other activities relating to fishing;
(b) require the master or any crew member or other person aboard
to inform him of the name, call sign and country of registration
of the vessel and the name of the master, owner, charterer and
crew members;
(c) examine the master or any crew member or other person
aboard about the cargo, contents of holds and storage spaces,
voyage and activities of the vessel;
(d) make such examination and inquiry as may appear necessary
to him concerning any vessel, vehicle or aircraft in relation to
which any of the powers conferred by this Subsection have
been or may be exercised and take samples of any fish or fish
product found therein;
(e) require to be produced, examine and take copies of any
license, logbook, record or other document required under this
Title or concerning the operation of any vessel, vehicle or
aircraft;
(f) make an entry dated and signed by him or her in the logbook
of such vessel, vehicle or aircraft;
(g) require to be produced and examine any fish, fishing gear or
appliance or explosive, poison or other noxious substance;
(h) give directions to the master and any crew member of any
vessel, vehicle or aircraft stopped, boarded or searched as may
be necessary or reasonably expedient for any purpose
specified in this Title or to provide for the compliance of the
vessel, vehicle or aircraft, or master or any crew member with
the conditions of any license;
(i) endorse any license;
(j) arrest any person who assaults him or her in the exercise of his
or her duties under this Title;
(k) cut, remove, detain, seize, recall, or destroy any fish, fish
product, not fit for human consumption or not suitable for
export;
(l) indelibly or otherwise mark, brand, dye or label any fish, fish
product, seafood or seafood product or package containing
any fish, fish product, seafood or seafood product;
(m) make or impose any relevant order, instruction, condition or
penalty; and
(n) interrupt, suspend or prohibit actions or operations wherever
fish is being cut-up, stored, sold or in any way processed.
(2) Where there is probable cause to believe that an offense against this
Title is being or has been committed, an authorized officer may:
(a) where there is ample opportunity to obtain a search warrant,
he or she shall obtain such warrant for the purposes of
entering, inspecting and searching any premises, in which he
or she has probable cause to believe that an offense has been or
is being committed or fish taken illegally are being stored or
being processed. Where the authorized officer has probable
cause to believe that evidence of an offence under this Title is
in imminent danger of being concealed, transferred, sold,
destroyed, or disposed of in any other manner whatsoever,
and further, that no ample opportunity exists to obtain a
search warrant, the authorized officer may conduct a search of
such premises without a warrant;
(b) stop, enter and search and stay in or on any vehicle or aircraft
which he or she reasonably suspects of transporting fish or
fish products;
(c) take samples of any fish found in any vessel or vehicle
inspected or any premises searched under this Title;
(d) following hot pursuit in accordance with international law and
commenced within the fishery waters, stop, board and search
outside the Fishery Waters any fishing vessel which he or she
has reasonable grounds to believe has been used in the
commission of such offense, exercise any powers conferred by
this Title in accordance with international law, and bring such
vessel and all persons and things on board within the
Fishery Waters;
(e) seize;
(i) any vessel (including its fishing gear, equipment, stores
and cargo), vehicle, fishing gear, nets or other fishing
appliances or aircraft which he or she has reasonable
grounds to believe has been or is being used in the
commission of such offense or in respect of which the
offense has been committed;
(ii) any fish or fish products which he has reasonable
grounds to believe have been caught in the commission
of an offense or are possessed in contravention of this
Title;
(iii) any logs, charts or other documents required to be
maintained by this Title or under the terms of any
license or other authorization or which he or she has
reasonable grounds to believe show or tend to show,
with or without other evidence, the commission of an
offense against this Title; and
(vi) any thing which he or she has reasonable grounds to
believe might be used as evidence in any proceedings
under this Title;
(f) arrest any person whom he or she has reasonable grounds to
believe has committed an offense against this Title.
(3) An authorized officer may, in arresting, any person or fishing vessel
which he or she has reasonable grounds to believe has done any act
in contravention of this Title:
(a) use such force as is reasonably necessary in the circumstances
to effect the arrest;
(b) call upon such person or persons as may be necessary to
render assistance in enforcement activities for such time as he
may require, and duties owed to authorized officers under this
Title shall be owed to such person or persons while acting at
the request and under the instructions of such
authorized officer.
(4) A written receipt shall be given for any article or thing seized under
this Section and the grounds for such seizure shall be stated in
such receipt.
(5) Any person arrested without a warrant under this Section shall be
taken to a police station and dealt with in accordance with law.
(6) An authorized officer may, for the purposes of enforcing this Title,
with or without a warrant or other process:
(a) execute any warrant or other process issued by any court of
competent jurisdiction; and
(b) exercise any other lawful authority. [P.L. 1997-60, §82.][amended byP.L.2011-63]
§513. Powers of Authorized Officers beyond the Fisheries Waters.
(1) An authorized officer may exercise any of the powers under this Title
beyond the Fisheries Waters of the Marshall Islands in respect of any
fishing vessel or any person on board any such vessel and relating to
fisheries inspection, compliance or enforcement provided that the
exercise of those powers are authorized by a treaty or agreement to
which the Marshall Islands is a party or authorized under a
conservation and management measure of a regional fisheries
management organization or arrangement to which the Marshall
Islands is a member.
(2) In exercising his or her powers beyond the Fishery Waters, an
authorized officer shall comply with the procedures and
requirements under such bilateral or multilateral treaties or
agreements or conservation and management measures implemented
by a regional fisheries management organization or arrangement.
(3) The Authority may make regulations providing for additional
measures and powers for authorized officers beyond Fishery Waters
of the Marshall Islands. [inserted by P.L.2011-63]
§514. Requirements for seized vessels and seized product, etc.
(1) Where any vessel is seized under this Title:
(a) the master and crew shall take it to such port as the authorized
officer shall designate, being the nearest or most
convenient port;
(b) the master shall be responsible for the safety of the vessel and
each person on board the vessel, including the crew, himself
and any authorized officer until the vessel arrives at the
designated port.
(2) If the master fails or refuses to take the seized vessel to the
designated port then an authorized officer or person called upon to
assist him may do so.
(3) If a vessel is taken to port in the circumstances described in
paragraph (2), no claim whatever may be made against any
authorized officer or the Government of the Republic of the Marshall
Islands in respect of any damage, injury, loss or death occurring
while the vessel is being so taken, subject to the provisions of this
Title.
(4) The provisions relating to vessels and masters described in
Subsections (1)-(3) apply mutatis mutandis to vehicles and aircraft
seized in accordance with this Title, and their drivers and pilots
respectively.
(5) The authority which seized the vessel shall be responsible for its
custody until final judgment or other determination, unless the
Attorney-General directs otherwise.
(6) An authorized officer must ensure that any seized product is isolated
and detained in a manner that ensures the integrity and safety of the
product. Options for disposition pending investigation and decision
include burial, burning, release or other means approved by the
Director.[P.L. 1997-60, §83.][amended by P.L.2011-63]
§515. Removal of parts from seized vessels, etc.
(1) An authorized officer may remove any part or parts from any seized
vessel, vehicle or aircraft held in the custody of the Government for
the purpose of immobilizing that vessel, vehicle or aircraft.
(2) Any part or parts removed under Subsection (1) shall be kept safely
and returned to the vessel, vehicle or aircraft upon its lawful release
from custody.
(3) No person shall knowingly possess or arrange to obtain any part or
parts removed under Subsection (1) or knowingly possess or arrange
to obtain or make any replacement or substitute part or parts for
those removed under Subsection (1) or shall fit or attempt to fit any
part or parts or any replacement or substitute part or parts to a vessel,
vehicle or aircraft held in the custody of the Government of the
Republic of the Marshall Islands.
(4) Any person who contravenes Subsection (3) commits an offense and
shall be fined not more than $20,000 or may be imprisoned up to six
months, or both. [P.L. 1997-60, §84.]
§516. Appointment of Authorized Observers.
(1) The Director may appoint in writing any person to be an authorized
observer for the purposes of this Title.
(2) Any observer authorized pursuant to an access agreement or fisheries
management agreement to which the Republic of the Marshall
Islands is party, who is not a citizen or has not been appointed in
accordance with Subsection (1), shall have such rights and privileges
of a citizen as may be required for the performance of his or her
duties, and all provisions of this Title relating to authorized observers
shall be applicable to such persons. [P.L. 1997-60, §85.]
§517. Duties to Authorized Observers.
(1) Any person on board any vessel with a valid and applicable license
issued or recognized pursuant to this Title shall permit any
authorized observer to board and remain on such vessel for the
purposes of carrying out his or her duties and functions. An
authorized observer shall exercise scientific, compliance, monitoring
and other functions.
(2) The operator and each member of the crew of such vessel shall allow
and assist any authorized observer to carry out all his or her duties
and functions, including to:
(a) board such vessel for scientific, compliance monitoring and
other functions, at such time and place as the Director
may require;
(b) have full access to and the use of facilities and equipment on
board the vessel which the authorized observer may
determine is necessary to carry out his or her duties, including:
(i) full access to the bridge, navigation charts, fish on board
and areas which may be used to hold, process, weigh
and store fish;
(ii) full access to the vessel’s records, including its logbooks
and documentation for the purposes of records
inspection and copying;
(iii) full access to fishing gear on- board;
(iv) reasonable access to navigation equipment and radios;
(c) take and remove from the vessel reasonable samples for the
purposes of scientific investigation, and other relevant
information;
(d) take photographs of the fishing operations, including fish,
fishing gear, equipment, charts and records, and remove from
the vessel such photographs or film as he or she may have
taken or used on board the vessel;
(e) send or receive messages by means of the vessels
communications equipment;
(f) carry out all duties safely;
(g) disembark at such time and place as the Director may require
or in accordance with an applicable access agreement.
(3) The operator shall provide the authorized observer, and any
authorized officer forced by circumstances to stay on board the vessel
for a prolonged period of time, while on board the vessel, at no
expense, with food, accommodation and medical facilities equivalent
to that accorded to officers.
(4) In addition to the requirements of Subsection (3), the Authority may
require the operator to pay in full the following costs of the
authorized observer:
(a) travel costs to and from the vessel;
(b) such salary as may be notified by the Director, being the full
amount of such salary;
(c) full insurance coverage.
(5) Any operator of any vessel with a valid license issued under this Title
shall allow and assist any authorized observer to have full access to
any place within the Republic of the Marshall Islands where fish
taken in the fishery waters is unloaded or transshipped, to remove
reasonable samples for scientific purposes and to gather any
information relating to fisheries in the fishery waters.
(6) Any person who contravenes Subsection (1), (2), (3) or (5) commits an
offense and upon conviction the shall be fined not less than one
hundred thousand ($100,000) and not more than five hundred
thousand ($500,000) or be imprisoned for up to six months, or both.[P.L. 1997-60, §86.][amended by P.L.2011-63]
§517A. Duties of Fish Processing Establishment operators.
(1) Each operator shall, in relation to his or her fish processing
establishment:
(a) comply with Regulations and any conditions applying to
the license;
(b) comply with the approved standards issued by the Authority;
(c) ensure that the operations of his or her fish processing
establishment are suitably implemented and resourced to
ensure that fish or fish products are fit for their
intended purpose;
(d) keep records:
(i) to demonstrate compliance with these Regulations and
any subsequent standards;
(ii) to enable authorized officers to trace the movement of
fish or fish products from their source to consumers and
vice-versa; and
(iii) of any other particulars as may be required from time to
time by the Authority;
(e) provide at all times reasonable access to an authorized officer
to inspect the fish processing establishment and records and
related documents in whatever form they may have kept;
(f) implement programs required by the Authority to ensure that:
(i) regular checks on compliance with the requirements
are made;
(ii) results of the checks are properly recorded and
available for inspection;
(iii) corrective action is taken within the required time if a
check reveals non-compliance. [ new section inserted by
P.L.2011-63].
§518. Duties to Authorized Officers and Authorized Observers.
(1) The master and each crew member of any fishing vessel, the driver of
any vehicle, the owner, manager and processing staff of a fish
processing establishment, and the pilot and crew of any aircraft shall
immediately comply with every instruction or direction given by an
authorized officer or authorized observer as appropriate, and
facilitate safe boarding, entry and inspection of the vessel, vehicle or
aircraft and any fishing gear, equipment, records, fish and
fish products.
(2) Every person commits an offense who:
(a) assaults, obstructs, resists, delays, refuses boarding to,
intimidates or fails to take all reasonable measures to ensure
the safety of or otherwise interferes with an authorized officer,
or authorized observer in the performance of his or her duties;
(b) incites or encourages any other person to assault, resist or
obstruct any authorized officer or authorized observer while
carrying out his or her powers or duties, or any person
lawfully acting under the authorized officer’s orders or in his
or her aid;
(c) uses threatening language or behaves in a threatening or
insulting manner or uses abusive language or insulting
gestures towards any authorized officer or authorized
observer while in the execution of his or her powers of duties,
or any person lawfully acting under an authorized officer’s
orders or in his or her aid;
(d) fails to comply with the lawful requirements of any authorized
officer or observer;
(e) fails to take all reasonable measures to ensure the safety of an
authorized officer or authorized observer as appropriate in the
performance of his or her duties.
(f) furnishes to any authorized officer or authorized observer any
particulars which, to his knowledge are false or misleading in
any respect;
(g) personates or falsely represents himself or herself to be an
authorized officer or authorized observer or who falsely
represents himself or herself to be a person lawfully acting
under an authorized officer’s orders or in his or her aid;
(h) personates or falsely represents himself or herself to be the
master or other officer of a fishing vessel;
(i) resists lawful arrest for any act prohibited by this Title;
(j) interferes with, delays or prevents by any means, the
apprehension or arrest of another person having reasonable
grounds to believe that such person has committed an act
prohibited by this Title;
(k) is in breach of any other duty to an authorized officer or
authorized observer required under this Title; and upon
conviction shall be fined not less than one hundred thousand
($100,000) and not more than five hundred thousand
($500,000), or may be imprisoned up to six months, or both.
(4) For the purposes of Subsection (2), any person who does not allow
any authorized officer, or any person acting under his or her orders
or in his assistance, or an authorized observer to exercise any of the
powers conferred on such person by this Title shall be deemed to be
obstructing that officer, person or observer.
(5) Every person who, being a master, owner, charterer, agent or
company established under the laws of the Republic of the Marshall
Islands of a fishing vessel which transports an authorized officer,
inspector or observer outside the fishery waters and causes him or
her to disembark outside the territory or jurisdiction of Republic of
the Marshall Islands, commits an offense and shall be jointly and
severally liable on conviction to a fine not exceeding five hundred
thousand ($500,000) plus all costs of repatriation including board and
lodging while out of Republic of the Marshall Islands and direct
transportation to Republic of the Marshall Islands. [P.L. 1997-60, §87.][finesincreased by P.L.2011-63]
§519. Identification of Authorized Officers and Authorized Observers.
An authorized officer or authorized observer, when exercising any of the
powers conferred by this Title, shall on request produce identification to
show he or she is an authorized officer or authorized observer under this
Title. [P.L. 1997-60, §88.][original section 510 now re-numbered]
§520. Reserved.
PART III - MISCELLANEOUS
§521. Information and documentation to be true, complete and accurate.
(1) Every person shall promptly give any information required under
this title, including records of any kind and information requested by
an authorized officer or other officer or official carrying out duties
under this title.
(2) Any information required under this title shall be true, complete and
accurate, and the Director shall be notified immediately of any
change in circumstances which has the effect of rendering any such
information or documentation false, incomplete or mislead-
(3) Any permit, registration or other document required to be obtained
under this title shall be obtained and held in its original, complete
and accurate form as required under this title, and no such document
shall be altered after its issuance or used by any person other than its
legal holder.
(4) Any person who contravenes Subsections (1) (2) or (3) commits an
offense and upon conviction shall be fined not more than $10,000, or
be imprisoned up to six months, or both. [P.L. 1997-60, §90.]
§522. Stowage of Gear.
(1) All fishing gear on board any fishing vessel in any place the Fishery
Waters where it is not permitted to fish or which has taken its
allocation of fish, shall be stowed in such a manner as it shall not be
readily available for use for fishing or as may be prescribed.
(2) The operator of any fishing vessel used in contravention of
Subsection (1) commits an offense and upon conviction shall be fined
not more than $100,000. [P.L. 1997-60, §91.]
§522. Fish samples.
(1) Any person in possession or apparent possession of any fish or fish
products shall, when requested by any authorized officer or
authorized observer to take fish samples, immediately give such
reasonable samples as may be required for the purposes of this Title
without payment of any kind for such samples.
(2) Any person who contravenes Subsection (1) commits and offense and
upon conviction shall be fined up to $5,000 or be imprisoned up to
three months, or both. [P.L. 1997-60, §92.][original section 522 now re-numbered].
§524. Contamination of the Fishery Waters.
(1) No person shall directly or indirectly contaminate the Fishery Waters
in any way, including by the discharge of any substance or by any act
or omission that is likely to cause damage to or deterioration in the
quality of the marine resources.
(2) For the purposes of this Section, the following is presumed to cause
damage to or deterioration in the quality of the marine resources:
(a) non-biodegradable trash or debris;
(b) the discharge of a poison, chemical or noxious substance,
including but not limited to oil, petroleum, solvents, metals
or sewage;
(c) the introduction of disease to the Fishery Waters.
(3) Any person who contravenes Subsection (1) commits an offense and
upon conviction shall be fined up to $500,000 and in addition the
Court may order that such person shall be liable for the costs of any
clean-up or damage arising from such contamination. [P.L. 1997-60, §93.]
§525. Liability of Operator.
In any proceedings under this title, the act or omission of any crew member
of a fishing vessel or in association with a fishing vessel shall be deemed to
be that of the operator of that fishing vessel or the act or omission of any fish
processing establishment employee shall be deemed to be that of the
operator of that fishing vessel or fish processing establishment.[P.L. 1997-60, §94.][amended by P.L.2011-63]
§526. Civil liability of officers of companies.
(1) Except as further provided in this Section, each officer of a
partnership, corporation, firm, company or any other business
enterprise engaged in activities governed by this title shall be
personally liable for any violation of or offense committed under this
title by any member or employee.
(2) It shall be an affirmative defense to liability under this Section for the
officer to prove by a preponderance of the evidence that he or she
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. [P.L. 1997-60, §95.]
§527. Application of other laws.
No permit issued under this title shall relieve any fishing vessel or its
operator or crew of any obligation or requirement imposed by other laws,
including those concerning navigation, customs, immigration or health,
unless so indicated in those laws. [P.L. 1997-60, §96.]
§528. Application of laws of other States.
(1) It shall be unlawful for any person to import, export, transport, sell,
receive, acquire or purchase any fish or fish product taken, possessed,
transported or sold in violation of any law or regulation of another
State upon implementation, on a reciprocal basis, of a fisheries
management agreement between the Government and such other
State or States, in which such activities are agreed to be unlawful.
(2) The Authority shall implement the fisheries management agreement
described in Subsection (1) by regulation, and may require, inter alia,
record keeping and reporting for each day of fishing activity, whether
the fishing took place in the jurisdiction of the Fishery Waters or not.[P.L. 1997-60, §97.]
§529. Subsequent offenses.
Any person who commits the same offense against this Title more than
once shall:
(a) be required to pay the maximum fine required under this Title
for the second and any subsequent offenses;
(b) have any applicable license or permit suspended for a period
up to six months. [P.L. 1997-60, §98.]
§530. Banning Order.
In addition to any other fine or penalty provided under this Title, the Court
may order any person to be banned from fishing in the Fishery Waters for a
period up to three years if that person has committed multiple offenses
against this Title. [P.L. 1997-60, §99.]
NB: [Section numbers 531-540 and 554-560 were “Reserved” in the last revision. These numbers have nowbeen assigned to the succeeding provisions of this Act, to conform to the sequence above (Rev.2003)]
PART IV - JURISDICTION, LEGAL PROCEEDINGS AND
EVIDENCE
§531. Jurisdiction of the Court.
(1) Any act or omission in contravention of any of the provisions of this
Title committed:
(a) by any person within the Fishery Waters;
(b) outside the Fishery Waters by any citizen or person ordinarily
resident in Republic of the Marshall Islands;
(c) outside the fishery waters by an operator, captain or master of
a fishing vessel licensed to fish in the Fishery Waters; or
(d) by any person on board any fishing vessel registered in the
Republic of the Marshall Islands; shall be dealt with and
judicial proceedings taken as if such act or omission had taken
place in Republic of the Marshall Islands within the
jurisdiction of the High Court of the Republic of the Marshall
Islands.
(2) Where an authorized officer or authorized observer is exercising any
powers conferred on him outside the fishery waters in accordance
with this Title, any act or omission of any person in contravention of
any of the provisions of this Title, shall be deemed to have been
committed within the Fishery Waters.
(3) Notwithstanding any provision of any other law of Republic of the
Marshall Islands, an information or complaint in respect of any
offense against this Title may be filed at any time within two years of
the commission of the offense.
(4) 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. [P.L. 1997-60, §100.][amended by
P.L.2011-63].
§532. Civil Proceedings.
(1) Any person who contravenes this Title shall be liable for a civil
penalty if the Attorney-General determines in writing that no
criminal proceedings have been or will be instituted for the same
contravention.
(2) The amount of the civil penalty shall not exceed the maximum
amount of the fine prescribed in this Title, and each day of a
continuing violation shall be considered a separate offense.
(3) In determining the amount of such penalty, the Court shall take into
consideration the nature, circumstance, extent and gravity of the
prohibited act or acts committed and, with respect to the violators,
the degree of culpability, any history of pervious offenses relating to
fishing and such other matters which may be relevant.
(4) It shall be the duty of the Attorney-General to initiate all proceedings
under this Section and to recover the amount imposed as a civil
penalty. [P.L. 1997-60, §101.]
§533. Adjudication Proceedings.
(1) The Director may, after consultation with and the consent of the
Attorney-General, proceed administratively against any person or
business enterprise in violation of this Title.
(2) The decision to proceed administratively for any violation of this
Title shall be made within 48 hours of the issuance of a notice of
violation by the Director or his designee in consultation with the
Attorney-General.
(3) If the person or business enterprise admits in writing to the violation,
the Director may handle this matter under the Summary
Administrative Proceedings provisions in Section 544.
(4) If the person or business enterprise denies the violation, the Director
shall, after consultation with and the consent of the Attorney-
General, proceed to determine the violation in an adjudicatory
administrative procedure, provided that if the Attorney-General
denies consent to the administrative handling of the violation the
Director shall refer the matter for prosecution.
(5) If there is a decision to handle the matter in an adjudicatory
administrative procedure, the person upon whom the notice of
violation is served shall be given the notice of the adjudicatory
hearing and shall have right to appear, be heard, produce evidence
and to counsel retained at his or her own expense.
(6) The Director shall set an adjudicatory administrative hearing for the
violation within 48 hours of the decision to proceed administratively.
(7) The Authority may promulgate regulations regarding the conduct of
the proceedings. [P.L. 1997-60, §102.]
§534. Summary Administrative Proceedings.
(1) Subject to Subsection (4) the Director may, where:
(a) he or she has determined that any person has violated this
Title; and
(b) such person has, in writing:
(i) admitted to having committed such violation; and
(ii) consented to summary administrative proceedings after
being fully informed about these proceedings, dispose
of such violation by accepting on behalf of the
Government from such person an Administrative
Penalty, the amount of which shall not exceed the
maximum fine or penalty required under this Title, plus
the fair market value of any fish caught illegally.
(2) Where Summary Administrative Proceedings have been initiated
under this Title, the person who admits to having committed the
offense under Subsection (1)(b), shall:
(a) not engage in fishing or carry out any other activity in the
fishery waters until the amount of the penalty has been
paid in full;
(b) be deemed to have consented to any seizure which took place
in accordance with this Title in relation to the offense subject to
the Summary Administrative Proceedings, and to have waived
any right to a probable cause hearing.
(3) Summary Administrative Proceedings shall be null and void if the
full amount of the penalty as determined by the Director under
Subsection (1) or (2) is not paid within 3 days of notification of such
penalty assessment to the person subject to the proceedings, and the
matter shall immediately revert to a court of competent jurisdiction.
(4) In Summary Administrative Proceedings for any violation, the
Director shall take into account any report which may be prepared by
the Attorney-General as to the details of the offense or offenses and
applicable fine or penalty levels.
(5) On payment of the penalty in full under this Section, the Director
may order the release of any article seized under this Title or the
proceeds of sale of such article on such conditions as he or she
may determine.
(6) Summary Administrative Proceedings for any violation shall, except
as provided in this Title for subsequent offenses, be satisfied upon the
payment of one half of the maximum fine set for such violation, and
notified in writing, under the signature of all parties, to the Court.
(7) The Director may order that any item used or involved in respect of
the offense be seized, confiscated or forfeited, but shall not impose a
term of imprisonment in Summary Administrative Proceedings.
(8) Any decision taken or order given by the Director pursuant to this
Section is final and binding.
(9) Any person who engages in fishing or other activity proscribed by
Subsection (2) while prohibited from so doing commits an offense.
(10) Any person who violates a valid order pursuant to the terms of this
Chapter commits an offense. [P.L. 1997-60, §103.]
§535. Liability for non-payment of penalties.
All pecuniary penalties not specifically designated as fines and all
forfeitures incurred under or imposed pursuant to this Title, and the liability
to forfeiture of any article seized under the authority thereof, and all rents,
charges, expenses and duties and all other sums of money payable under
this Title may be sued for, determined, enforced and recovered by suit or
other appropriate civil proceedings in the name of the Director as the
nominal plaintiff; and all such proceedings shall be deemed to be civil
proceedings; and the fact that a bond or other security has been paid shall
not be pleaded or made use of in answer to or in stay of any such
proceedings. [P.L. 1997-60, §104.]
§536. Liability for loss or damage.
A person who commits an offense against this Title may, upon conviction,
be liable for any loss or damage caused by the offense and the amount of the
loss of such damage may be awarded by the court as restitution in addition
to, and recovered in the same manner as a fine. [P.L. 1997-60, §105.]
§537. Certificate evidence.
The Director or any person designated in writing by him may give a
certificate stating that:
(a) a specified vessel was or was not on a specified date or dates a
local fishing vessel or a foreign fishing vessel;
(b) a specified vessel or person was or was not on a specified date
or dates the holder of any specified license, authorization or
certificate of registration;
(c) an appended document is a true copy of the license or
certificate of registration for a specified vessel or person and
that specified conditions were attached to such document;
(d) a particular location or area of water was on a specified date or
dates within the fishery waters, or within a closed, limited,
restricted or in any other way controlled area of the fishery
waters, or an area of the fishery waters subject to specified
conditions;
(e) an appended chart shows the boundaries on a specified date
or dates of the fishery waters, territorial sea, closed or limited
areas or other areas or zones delineated for any
specified purpose;
(f) a particular item or piece of equipment is fishing gear;
(g) the cause and manner of death of or injury to any fish;
(h) an appended document is a true copy of an approved charter
agreement, an access agreement or fisheries management
agreement;
(i) a call sign, name or number is that of or allotted under any
system of naming or numbering of vessels to a particular
vessel;
(j) a particular position or catch report, a copy of which is
appended, was given in respect of a specified vessel.[P.L. 1997-60, §106.]
§538. Validity and procedures for certificates.
(1) Unless the contrary is proved, a document purporting to be a
certificate given under Section 547 shall be deemed to be such a
certificate and to have been duly given.
(2) Where a certificate issued under Section 547 is served upon a
defendant seven or more days before its production in court in any
proceedings under this Title, the certificate shall, unless the contrary
is proved, be sufficient evidence of all the facts averred in it.
(3) Where a certificate issued under Section 547 is served upon a
defendant fourteen or more days before its production in court and
the defendant does not, within seven days of the date of service,
serve notice of objection in writing upon the prosecutor, then the
certificate shall, unless the court finds the defendant is unduly
prejudiced by any failure to object, be conclusive proof of all the facts
averred in it.
(4) Where any objection is notified under Subsection (3) the certificate
shall, unless the contrary is proved, be sufficient evidence of all the
facts averred in it.
(5) Any certificate issued under Section 547 shall be titled “Certificate
Made Under Section 547, Marine Resources Act”.
(6) Any omission from or mistake made in any certificate issued under
Section 547 shall not render it invalid unless the Court considers such
omission or mistake is material to any issue in the proceedings
concerned, or the defendant is unduly prejudiced thereby.
(7) Where in any proceedings a certificate made under Section 547 is
produced to the Court, the prosecution shall not be obliged to call the
maker of the certificate and the Court shall, where material, rely on
the facts therein unless the contrary is proved. [P.L. 1997-60, §107.]
§539. Certificate as to the location of a vessel.
(1) Where in any proceedings under this Title the place or area in which
a vessel is alleged to have been at a particular date and time or
during a particular period of time is material to an offense charged
then a place or area stated in a certificate given by an authorized
officer or authorized observer shall be evidence, unless the contrary is
proved, of the place or area in which the vessel was at the date and
time or during the period of time stated.
(2) An authorized officer shall in any certificate made in
Subsection (1) state:
(a) his or her name, address, official position, country of
appointment and provision under which he or she
is appointed;
(b) the name and, if known, call sign of the fishing
vessel concerned;
(c) the date and time or period of time the vessel was in the place
or area;
(d) the place or area in which it is alleged the vessel was located;
(e) the position fixing instruments used to fix the place or area
stated in (d) and their accuracy within specified limits;
(f) a declaration that he checked the position fixing instruments a
reasonable time before and after they were used to fix the
position and they appeared to be working correctly; and
(g) if a position fixing instrument which is not judicially
recognized as notoriously accurate or a designated machine is
used, a declaration that he checked the instrument as soon as
possible after the time concerned against such instrument.
(3) Section 548 shall apply to a certificate given under this Section as if it
had been a certificate given under Section 547 and any reference
therein to Section 547 shall be read as a reference to this Section.
(4) For the purposes of this Title “authorized officer” shall include
surveillance officers and those charged with similar responsibilities in
other countries. [P.L. 1997-60, §108.]
§540. Photographic Evidence.
(1) Where a photograph is taken of any fishing or related activity and
simultaneously the date and time and position from which the
photograph is taken are superimposed upon the photograph, or the
date, time and position are certified on the photograph by an
authorized officer and observer, then it shall be presumed unless the
contrary is proved that the photograph was taken on the date, at the
time and in the position so appearing.
(2) The presumption set out in Subsection (1) shall arise only if:
(a) the camera taking the photograph is connected directly to the
instruments which provide the date, time and position
concerned; and
(b) the photograph was taken by an authorized officer or an
authorized observer.
(3) Any authorized officer or authorized observer who takes a
photograph of the kind described in Subsection (1) may give a
certificate appending the photograph stating:
(a) his or her name, address, official position, country of
appointment and authority under which he or she is
appointed;
(b) the name and call sign, if known, of any fishing vessel
appearing in the photograph, (c) the names of the camera,
watch or clock or other instruments supplying the date and
time and the position fixing instrument and a declaration that
he checked those instruments a reasonable time before and
after the taking of the photograph and that they all appeared
to be working correctly;
(d) the matters set out in Subsection (2)(a);
(e) the accuracy of the fixing instrument used within
specified limits;
(f) the maximum possible distance and the direction of the subject
of the photograph away from the camera at the time the
photograph was taken.
(4) Section 548 shall apply to a certificate given under this Section as if it
had been a certificate given under Section 547 and any reference
therein to Section 547 shall be read as a reference to this Section.[P.L. 1997-60, §109.]
§541. Presumptions.
(1) All fish found on board any fishing vessel which has been used in the
commission of any offense under this Title shall be presumed to have
been caught during the commission of that offense, unless the
contrary is proved.
(2) Where, in any legal proceedings under this Title, the place in which
an event is alleged to have taken place is in issue, the place stated in
the relevant entry in the logbook or other official record of any
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.
(3) Prima fade evidence of an entry in a logbook or other official record
of an enforcement vessel or aircraft may be given by the production
of a written copy or extract of the entry certified by an authorized
officer as a true copy of accurate extract.
(4) Where in any legal proceedings relating to an offense under this Title:
(a) an authorized officer gives evidence of reasonable grounds to
believe any fish to which the charge relates were taken in a
specified area of the fishery waters;
(b) the Court considers that, having regard to that evidence the
grounds are reasonable: all the fish shall be presumed to have
been so taken, unless the contrary is proved
(5) Where in any legal proceedings for an offense under this Title:
(a) an authorized officer gives evidence of reasonable grounds to
believe that any fish to which the charge relates were taken by
the use of a driftnet;
(b) the Court considers that, having regard to the evidence, the
grounds are reasonable; all the fish shall be presumed to have
been so taken, unless the contrary is proved.
(6) Where any information is given in respect of a fishing vessel under
this Title or an access agreement in relation to any fishing activity of a
foreign fishing vessel, it shall be presumed to have been given by the
master, owner and charterer of the vessel concerned, unless it is
proved it was not given or authorized to be given by any of them.
(7) Any entry in writing or other mark in or on any log, chart or other
document required to be maintained under this Title or used to
record the activities of a foreign fishing vessel shall be deemed to be
that of the master, owner and charterer of the vessel.
(8) Any position fixing instrument on board a vessel or aircraft used for
the enforcement of this Title shall be presumed to be accurate.
(9) For the purposes of this Section, a position fixing instrument shall be
deemed to be any device which indicates the location of a vessel,
including but not limited to any satellite navigation system or global
positioning system. [P.L. 1997-60, §110.]
§542. Burden of Proof.
(1) Where, in any proceedings under this Title, a person is charged with
having committed an offense involving an act for which a license or
other permission is required, the burden shall be on that person to
prove that at the relevant time the requisite license or permission
was held.
(2) Where a person is charged with the contravention of Section 521, the
burden shall be on that person to prove that the information given
was true, complete and correct. [P.L. 1997-60, §111.]
§543. Destruction of Evidence.
(1) No person shall destroy, throw over- board, conceal or abandon any
fish, fish product, fishing gear, net or other fish appliance, record,
document, electric shock device, explosive, poison or other noxious
substance, or any other thing with intent to avoid seizure or the
detection of an offense against this Title.
(2) Any person who contravenes Subsection (1) commits an offense and
upon conviction shall be fined not more than $50,000 or may be
imprisoned up to six months, or both. [P.L. 1997-60, §112.]
§§544 -560. Reserved
PART V- FORFEITURE AND DISPOSITION OF SEIZED OR
CONFISCATED PROPERTY
§561. Forfeiture of property.
(1) Any fishing vessel or fish processing establishment including its
fishing gear, furniture, appurtenances, stores, cargo and aircraft, and
all or part all or part of any fish, fish products, fishing gear, vehicle,
fish processing establishment or aircraft used in or connected with
the commission of any act prohibited by this Title, and where any fish
seized in connection with the offense have been sold, the proceeds of
the sale of the fish, shall be subject to forfeiture to the Government of
the Republic of the Marshall Islands pursuant to a civil proceeding
under this Section.
(2) The High Court of the Republic of the Marshall Islands shall have
jurisdiction, upon application by the Attorney-General or the Director
on behalf of the Republic of the Marshall Islands to order any
forfeiture authorized under Subsection (1).
(3) If a judgment is entered for the Government of the Republic of the
Marshall Islands in a civil forfeiture proceeding under this Section,
the Attorney-General shall seize any property or other interest
declared forfeited to the Government of the Republic of the Marshall
Islands, which has not previously been seized pursuant to this Title.
(4) The forfeited item or items may be sold and the proceeds deposited
in the Fisheries Enforcement and Development Fund in accordance
with this Title, and any remainder may be deposited into the General
Fund of the Republic of the Marshall Islands and distributed in
accordance with Subsection (5).
(5) Fifty percent of the revenues from fines and forfeitures shall be
distributed to the local government council affected.
(6) Pending completion of the civil forfeiture proceeding, the item or
items subject to forfeiture, or any part thereof, may be released at the
discretion of the court upon deposit with the court of a satisfactory
bond, surety or other security at least equal to the fair market value of
the seized property. Exoneration of such bond, surety or other
security shall be conditional upon return of the released property to
the appropriate court upon order, without any impairment of its
value, or by paying the monetary value of the released property upon
order of the Court. Such bond, surety or other security shall be
forfeited in the event that any condition is breached as shall be
determined by the Court, and judgment shall be recoverable by the
Court against the principal of any surety for any such breach.
(7) In the event there is an appeal from an order for forfeiture, the Court
may continue any such bond, surety or other security deposited in
accordance with Subsection (6) during the pendency of the appeal
and any retrial or rehearing on remand or may require additional
security to be deposited with the Court. [P.L. 1997-60, §113.][section 1 amended by
P.L.2011-63].
§562. Disposition of seized or confiscated fish or fish products.
(1) The Director or his designee may sell any perishable fish or fish
products which have been seized or confiscated pursuant to this Title.
If he or she made all reasonable efforts to sell them but was unable to
do so, or where they are unfit to be sold, he or she may dispose of
them as he or she may think fit. The proceeds of any sale shall be
deposited in trust with the Court pending the final disposition of any
civil forfeiture proceeding.
(2) The Director shall notify the owner or apparent owner of the
perishable goods seized of the sale, and such owner or his or her
nominee may be present at the sale. [P.L. 1997-60, §114.]
§563. Disposition of forfeited or seized goods.
(1) Notwithstanding any other provision of this Title, any vessel, vehicle,
aircraft or other item ordered to be forfeited under this Title may be
disposed of in such manner as the Director may decide after the
expiration of the time provided for the filing of a Notice of Appeal.
(2) Any vessel, vehicle, aircraft or other item seized under this Title but
not forfeited in any legal proceedings may be held by the
Government of the Republic of the Marshall Islands until all fines,
orders for costs and penalties imposed under this Title have been
paid and failing payment within the time allowed be sold and the
balance of the proceeds returned to the owner or apparent owner in
accordance with this Title after deduction of all fines, orders for costs,
penalties imposed under this Title and costs of sale. [P.L. 1997-60, §115.]
§563A. Documentation and Records.
The Authority may require, through Regulations and subsequent standards,
for fishing vessels and fish processing establishments to prepare and hold
documents and records pertaining to the compliance with this Title.[inserted byP.L. 2011-63]
§564. Unlawful removal of item in custody.
(1) When any vessel, vehicle, aircraft or other item held or forfeited
under this Title has been unlawfully removed from the custody of the
Republic of the Marshall Islands, it shall be liable to seizure at any
time within the jurisdiction of the Republic of the Marshall Islands.
(2) No person shall remove any vessel, vehicle, aircraft or other item
held under this Title in custody whether or not he or she knew that
the vessel, vehicle, aircraft or other item was held in custody.
(3) Any person who contravenes Subsection (2) commits an offense and
upon conviction shall be fined not more than $100,000 and shall be
liable for the full market value of the vessel, vehicle, aircraft or other
item. [P.L. 1997-60, §116.]
§565. Liability for property in custody.
(1) The Government shall not be liable to any person for any loss,
damage or deterioration in the condition of any vessel, vehicle,
aircraft, fishing gear or other property which is in its custody under
this Title, and all costs of maintaining such property while in custody
including full insurance coverage shall, unless otherwise provided,
be borne by the operator upon a finding pursuant to this Title that
such property was used in or connected with a violation of this Title.
(2) Any person who does not maintain properly in accordance with
Subsection (1) commits an offense and upon conviction shall be fined
not more than $500,000. [P.L. 1997-60, §117.]
§566. Release of Seized Goods.
(1) The Court may, on application, order the release of any fishing vessel,
vehicle, aircraft or other items seized under this Title on receipt of
such bond or other form of security as it may determine.
(2) In determining the value of the bond or other form of security, the
Court shall have regard to the aggregate amount of the value of the
property to be released, an estimated total fme or other penalty
provided for the offenses charged or likely to be charged and the
costs the prosecution would be likely to recover if a conviction were
entered, and may set the value at such aggregate amount.
(3) Notwithstanding the provisions of Subsection (2), the amount
determined by the Court under this Section shall not be less than the
fair market value of the property to be released or the aggregate
minimum fine or penalty for each offense charged, whichever
is greater.
(4) Where any vessel, vehicle, aircraft or other item seized is released
upon the lodging of a bond or other form of security under
Subsection (1), the court shall in the order state separately the sums
which are attributable to the property to be released, the total fine or
fines and the likely costs.
(5) The release of any bond or other form of security under this Section
shall be conditional upon:
(a) a finding by the Court that the vessel, vehicle, aircraft or other
item has not been used in or connected with in the commission
of an offense under this Title; or
(b) where the Court finds that the vessel, vehicle, aircraft or other
item has been used in or connected with the commission of an
offense under this Title:
(i) payment in full within 30 days of the judgment of the
Court of any fine imposed by the Court and any costs
ordered to be paid by the Court; and
(ii) where the Court so orders, delivery to the Court of the
vessel, including its fishing gear, furniture,
appurtenances, stores and cargo, and of any fish
ordered to be forfeited without any impairment of their
value, or payment of the monetary value thereof as
determined by the Court.
(6) Nothing in Subsection (1) shall require a Court to release any vessel,
vehicle, aircraft or other item if it might be required as an exhibit in
court proceedings or is reasonably required for any further
investigations of offenses against this Title. [P.L. 1997-60, §118.]
§567. Holding of seized goods.
(1) Any vessel, vehicle, aircraft or other item seized under this Title or
any bond or other security or net proceeds of any sale in respect
thereof shall be held by the Government pending the outcome of any
legal proceedings under this Title or until it is decided not to file an
information or complaint, and any penalties imposed under this Title
have been fully paid.
(2) Where any vessel, vehicle, aircraft or other items seized under this
Title, or any bond, security or net proceeds of sale in respect thereof is
not forfeited or applied in the discharge of any fine, order for costs or
penalty imposed under this Title, it shall be made available for
collection by the registered owner or his or her nominee or, in the
absence of such person, the person who appears entitled to it.
(3) Where any vessel, vehicle, aircraft or other item has been released
upon the lodging of a bond or security an order for forfeiture shall,
unless the court for special reasons fixes a smaller sum, operate as an
order for forfeiture of the bond or security.
(4) Where any vessel, vehicle, aircraft or other items has been released
upon the lodging of a bond or security, the Court may order any
convicted defendant and the owner of the vessel, vehicle, aircraft or
other item concerned, whether or not he is a defendant, to pay the
difference between the bond or amount lodged in respect of the
forfeited property and the aggregate value of the forfeited property.[P.L. 1997-60, §119.]
§568. Application of bond, etc.
(1) Any bond, security or net proceeds of sale held in respect of any
vessel, vehicle or aircraft or other item shall be applied as follows and
in this order:
(a) the discharge of any forfeiture ordered under this Title;
(b) the payment of all fines or penalties for offenses against this
Title or penalties imposed under this Title arising out of the
use of or in connection with the vessel, vehicle, aircraft or
other item;
(c) the full satisfaction of all costs involved in maintaining and
keeping secure the vessel and its equipment during legal
proceedings;
(d) the discharge of all orders for costs in proceedings under this
Title arising out of the use of or in connection with the vessel,
vehicle, aircraft or other item;
(e) return as provided in this Title. [P.L. 1997-60, §120.]
PART VI - COMPLAINTS, NOTICES AND INVESTIGATIONS
§569. Dissatisfaction with decision of authorized officer.
(1) Any person who is dissatisfied with any requirement, direction or
decision given or made under this Chapter or associated regulations
and standards by an authorized officer may deliver notice in writing
to the Director of the Authority within twenty one (21) working days
from the date of such requirement, direction or decision requesting
the Director to reconsider the requirement, direction or decision. Such
a complaint shall be on the approval from given in the Regulation to
this Chapter.
(2) The Director may, direct an authorized officer to reconsider such
requirement, direction or decision, subject to the requirements and
standards established by Regulations.[inserted by P.L.2011-63].
§570. Precautionary notice.
(1) Where an authorized officer suspects that an activity, matter or thing
is in contravention of this Title or is in breach of the conditions of a
fish processing establishment license, he or she may issue a notice
requiring the relevant operator to comply with any requirement
specified in this Chapter.
(2) The notice may require, but not limited to, any of the following:
(a) that information be provided in relation to the activity, matter
or thing to satisfy the Director that there is no breach of this
Chapter or conditions of the license of a fish processing
establishment;
(b) that alternative activities or operating techniques be
considered and employed to avoid the breach of this Chapter
or conditions of the license of a fish processing establishment;
(c) that improvements or alterations be made in relation to the
activity, matter or thing to the satisfaction of the Director, to
avoid the breach of this Chapter or conditions of the license of
a fish processing establishment; and
(d) any other requirement as determined by the Director, to
ensure that the activity, matter or thing will not breach this
Chapter or conditions of the license of a fish processing
establishment.
(3) Any person served with a notice under this Part shall ensure that the
requirements stated in the notice are complied with within the time
stipulated, and shall satisfy the Director, prior to the expiration to
that time, that the activity, matter or thing is not, or is no longer in
contravention of this Part or this Title or conditions of the license of a
fish processing establishment.[inserted by P.L.2011-63].
§571. Notice to rectify or cease activity.
(1) A notice may be issued under this Title whether or not a
precautionary notice has been served under section 570.
(2) Where the Director is of the opinion that there is occurring, or may
occur, an act which involves an immediate threat to health, access to
markets or national interest arising out of fish or fish products, the
Director may issue a notice under this Title.
(3) A notice issued under this section shall:
(a) be directed to any person whom it is believed is carrying out
the act, or apparently has control over it;
(b) specify the act and the nature of its effect to health, access to
markets or national interests;
(c) require that the act cease, or not to be done, until the Director
is satisfied that the threat or risk no longer exists.
(4) A notice may be served under this Title notwithstanding any
approval, license or permit that has been granted in relation to
the activity.
(5) The Director shall not be liable in respect of any loss or damage
arising from, or in way connected with, the issuing of a notice under
this regulation. [inserted by P.L.2011-63]
§572. Investigations
(1) The Director shall have the authority to conduct investigations into
operations of any fish processing establishment or in respect of any
fish or fish products which are in breach or are suspected of being in
breach of this Chapter .
(2) Without affecting any prosecution, the Director may suspend or
cancel any license issued under this Chapter if, he or she finds that an
operator has breached any of this Chapter or condition of license of
fish processing establishment.
(3) The Director may, in his or her discretion, in relation to this
regulation:
(a) suspend the license until the matter complained of has been
rectified to the satisfaction of the Manager; or
(b) cancel the license.
(4) Any person not satisfied with any decision of the Director under this
Chapter may appeal such decision to the Court, having jurisdiction of
the matter, within two (2) months after the decision of the Director.
l Page 49
SCHEDULE
(Section 503(2)
Marshall Islands Record of Fishing Vessels
INFORMATION TO BE PROVIDED IN AN APPLICATION FOR RECORDING
A VESSEL ON THE RECORD OF FISHING VESSELS TO FISH IN AREAS
BEYOND THE FISHERY WATERS OF THE MARSHALL ISLANDS
Name of the Fishing Vessel
WCPFC Identification Number (WIN)
Previous names (if any)
Port of registry
Name and address of the owner or owners and
beneficiary owner/owners
Name and nationality of the master
Previous flag (if any)
International Radio call sign
Vessel communication types and numbers
(Inmarsat A, B and C numbers and satellite
telephone number)
Color photograph of the vessel
Where and then the vessel was built
Type of vessel
Normal crew complement
Type of vessel
Normal crew complement
Type of fishing method or methods
Length
Moulded depth
Beam
Gross registered tonnage
Carrying capacity, including freezer type, capacity
and number, and fish hold capacity.
Areas intended to fish
Details of licenses issued by other coastal states
SIGN:
Date:
Schedule 2
(Section 503(8)
VESSEL MARKING SPECIFICATIONS AND STANDARDS
1.1.1. These specifications are intended to implement the FAO Standard
Specifications for the Marking and Identification of Fishing Vessels.
1.1.2. These specifications shall apply to the operation of all fishing vessels
entitled to fly the flag of the Marshall Islands and authorized to fish
beyond the Fishery waters of the Marshall Islands.
2.1. General requirements.
2.1.1. The owner, or operator, or charterer, or lessee submitting an
application for recording a fishing vessel on the Marshall Islands
Record of Fishing Vessels shall ensure that:
(a) the vessel is marked for identification with its International
Telecommunication Union Radio Calls Signs (IRCS);
(b) the vessels to which an IRCS has not been assigned, is marked
either with the characters allocated by the International
Telecommunication Union (ITU) to the Marshall Islands or
such other characters of national identification as may be
required under any bilateral fishery agreements entered into
by the Marshall Islands and followed by, as appropriate, the
fishing authorization or vessel registration number assigned to
the vessel by any regional fisheries management organization
to which the Marshall Islands is a member or cooperating non-
member. In such cases, a hyphen shall be placed between the
nationality identification characters and the license or
registration number identifying the vessel.
(c) whichever system is used from 2.1.1.(a) or (b) above, that
identification shall, for the purpose of the Commission for the
Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean (hereinafter
WCPFC), be called the WCPFC Identification Number (WIN).
2.1.2. Apart from the vessel’s name or identification mark and the port of
registry as may be required by the international practice or national
legislation, the WIN as specified shall be the only other vessel
l Page 51
identification mark consisting of letters and numbers to be painted on
the hull or superstructure.
2.2. Markings and other technical specifications.
2.2.1. The WIN in the English Language shall be displayed prominently at
all times:
(a) on the vessel’s hull or superstructure, port and starboard.
Operators may place fixtures that are inclined at an angle to
the vessel’s side or superstructure provided that the angle of
inclination would not prevent sighting of the sign from
another vessel or from the air;
(b) on a deck, except as provided for in paragraph 2.2.4. below,
should an awning or other temporary cover be placed so as to
obscure the mark on a deck, the awning or cover shall also be
marked. These marks should be placed athwart ships with the
top of the numbers or letters towards the bow.
2.2.2. The WIN shall be placed:
(a) as high as possible above the waterline on both sides of the
vessel and that such parts of the hull as the flare of the bow
and the stern are avoided;
(b) in a manner that does not allow the marks to be obscured by
the fishing gear whether it is stowed or in use;
(c) so that they are clear of flow from scuppers or overboard
discharges including areas which might be prone to damage or
discoloration from the catch of certain types of species; and
2.2.3. Undecked vessels shall not be required to display the
WIN on a horizontal surface. However, where practical, the
WIN may be fitted on a board so that it may be clearly seen
from the air.
2.2.4. Boats, skiffs and craft carried by the vessel for fishing operations shall
bear the same WIN as the vessel concerned.
2.2.5. The operators of vessels shall comply with the following in pace the
WIN on the vessel:
(a) that block lettering and numbering is used throughout;
(b) that the width of the letters and numbers is in proportion to
the height;
(c) the height (h) of the letters and numbers is in proportion to the
size of the vessel shall be in accordance with the following:
(i) for the WIN to be placed on the hull, superstructure and
or inclined surfaces:
Length of vessel overall
(LOA) in meters (m):
Height of letters and
numbers in meters (m) is
not less than:
25m and over 1.0m
20m but less than 25m 0.8m
15m but less than 20m 0.6m
12m but less than 15m 0.4m
5m but less than 12m 0.3m
Under 5m 0.1m
(ii) for the WIN to be placed on deck, the height is not less
than 0.3m for all classes of vessels of 5m and over.
(d) the length of the hyphen is half the height of the letters and
numers;
(e) the width of the stroke for all letters, numbers and the hyphen
is h/6;
(f) the space between the letters and or numbers does not exceed
h/4 nor be less than h/6;
(g) the space between adjacent letters having slopping sides does
not exceed h/8 nor be less than h/10, for example, A V;
(h) the WIN is white on a black background, or black on a white
background;
(i) the background shall extend to provide a border around the
WIN of not less than h/6;
(j) good quality marine paint is used throughout;
(k) the WIN meets the requirements of these specifications where
retro-reflective or heat generating substances are used; and
(l) the WIN and the background are maintained in good
condition at all times.