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U.S. Associated States

Federated States of Micronesia

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Micronesia"(Federated States of) 12 mi (1988) - 200 mi (1988)


Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE Licence fees, royalties and others local currency Requirements concerning bilateral framework agreements or joint venture participation Nationality criteria for fishing vessels
- Federated
States of
Micronesia		 LEGISLATION
Fees and other forms of compensation for the right to exploit living resources within extended fishery limits of Micronesia shall be established in the approved fishing agreementl.
(Fishery Zones Jurisdiction of FSM, Trust Territory Code Title 52, sect. 154(7))

AGREEMENTS
Agreement with Japanese Fishing Associations of 25 January 1984, valid from 10 February through 9 August 1984
-Longline, pole and line and purse seine - up to a maximum of 650 vessels.
-Lump sum payment = Y. 285 000 000 for six month period of validity.
-New agreement signed 26 July 1984, effective 10 August 1984, continuing in force thereafter until expiry of 120 days from notice of intent to terminate. Fees unknown.
Treaty on Fisheries between Governments of certain Pacific Island States and U.S.A., renewed on 15 June 1993 for 10 year extension, to be reviewed after 5 years.
Note: See entry under Australia for global amout of fees and share formula between the Pacific Islands parties.

 LEGISLATION
Foreign fishing permits will only be issued in accordance with an approved foreign fishing agreement. (Not applicable for research, survey, recreational or non-commercial fishing)
(Fishery Zones Jurisdiction of FSM Trust Territory Code of 1979, Title 52, sect. 154(2))		 LEGISLATION
Local fishing vessel means any fishing vessel wholly owned or operated by one or more of the following:
-the FMS Government or other State Government;
-a FMS citizen;
-a corporation or other established under FMS laws and which is wholly owned and controlled by one or more FMS entities.
Domestic-based fishing is defined as fishing by foreign fishing vessel based in FMS under a domestic-based agreement.
(Code of the FMS of 1982, title 24, paragr. 102)


Table C: -Coastal State requirements for foreign fishing-

STATE Foreign fishing vessel licence conditions
(other than reporting requirements) including observers, bonds, etc.		 Logbook, and reporting requirements foreign fishing
- Federated States of
Micronesia		 LEGISLATION
-In negotiating foreign fishing agreement, the Authority shall seek substantial agreement that the foreign party and owners and operators of vessels fishing under agreement will:
- abide by all regulations issued;
- permit authorized officers to board, search, inspect any vessel at any time and make arrests and seizures where reasonable cause exists to believe that an offence has been committed;
- prominently display permit in wheelhouse;
- cause appropriate position-fixing and identification equipment to be installed and maintained;
- permit observers on board vessels and reimburse Government for costs incurred;
- appoint and maintain agents authorized to receive and respond to legal process;
- in any year, not exceed such party's allocation of TAC.
(Title 52. Trust Territory Code of 1979)
AGREEMENTS
Agreement between the Federated States of Micronesia and Japanese Fishing Associations, 1984, New Agreement signed 26 July 1984, effective 10 August 1984, continuing in force thereafter until expiry 120 days from notice of intent to terminate,
-Organizations to use best efforts to ensure that their members comply with Act and terms of Agreement and to ensure that all judgments and orders concerning violations are satisfied.
-For tuna and tuna-like fish, billfish, and incidental catch, the only authorized fishing methods are long-line, pole and line and purse-seine.
-No fishing is permitted within 3 mile territorial sea or 12 mile exclusive fishing zone, except where authorized.
-No catch quotas established; number of vessels limited to maximum of 650.
-Permits to be prominently displayed in wheelhouse.
-Permits may be applied for and issued by telegram (permit number).
-Permits not transferable.
-Permits may be cancelled or withdrawn for contraventions.
-Authority to notify Organizations and to permit appeals.
-Authorized officers to be allowed to board, to inspect, and to make arrests and seizures where reasonable grounds exist.
-Observers may board; maximum of 2 observer trips for single purse seine vessels, and 2 for group purse seiners.
-Normal food and accommodations to be provided; observer not to intervene in lawful operation of vessel.
-Position-fixing/identification equipment to be installed.
-Agent or agents to be maintained in FSM who are authorized to receive and respond to any legal process regarding any vessel owned by members of
Organization.
Note: In accordance with the August 1982 decision of the South Pacific Forum in August, as of 1 September 1983 no member of the Forum Fisheries Agency will licence a foreign vessel to fish for tuna in its fishing zone unless such vessel is listed in good standing on the regional register maintained by the Forum Fisheries Agency.
(Source: AFZ Information Bulletin, Canberra, May-July 1983)
Pacific Island States/United States Treaty on Fisheries, signed April 1987
-The operator and crew of the vessel shall allow and assist an observer designated by the Pacific Island parties (Annex 1, part 6)
-Application form contains: full name, radio call sign, registration number of vessel, full names and addresses of each person who is an operator, full names and addresses of insurer, whether owner or charterer is insolvent, whether operator or vessel has been involved in a treaty violation. (Schedule 1)
-Closed areas: Three nautical mile territorial sea, nine nautical mile exclusive fishery zone, and all named banks and reefs. (Schedule 2) (Source: ILM, July 1987)
AGREEMENTS
Agreement between the Federated States of Micronesia and Japanese Fishing Associations, 1984
-Each vessel to maintain daily catch records in prescribed form.
-Certified copy of original catch record to be dispatched through Organizations to Authority within 45 days of end of trip.
-Licensed vessels which have not fished in FSM waters during any quarter are to dispatch statements of "No Operation" to Authority within 45 days of end of quarter.
-Vessel which fails to submit catch records of statement of "No Operation" must pay penalty of Y. 500 000 to the Authority for each failure.
Pacific Island States/ United States Treaty on Fisheries, signed April 1987
-Licensing area reports:
Port departure and entry into port for unloading:
- report type (LBEG) for port departure to begin fishing and LFIN for port entry for unloading; - date;
- call sign;
- port name;
- catch on board by species (in short tons).
Weekly reports:
- report type (WEEK);
- date;
- call sign;
- position (to one minute of arc);
- catch on board by species.
(Schedule 4, part 1)
Reports to national authorities:
Zone entry and exit:
- report type (ZENT for entry and ZEXT for exit);
- date;
- call sign;
- position (to one minute of arc);
- catch on board by species.
Port entry reports:
- report type (PENT);
- date;
- call sign;
- estimated time of entry into port (GMT)
- port name.
(Schedule 4, parts 1 and 2)
(Source: ILM, July 1987)		  


Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
- Federated States of Micronesia* X X X     X X         X   X   X X   X XW XD XD X   X45  


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
- Federated States of Micronesia -Criminal penalty: up to US$ 800 000
-Civil penalty: US$ 5 000 000, or more in case of gross violation		 NO Vessel, gear and catch: Court may order.

Marshall Islands

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
-**Marshall16 Islands 12 mi (1984) - 200 mi (1984)


Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE Licence fees, royalties and others local currency Requirements concerning bilateral framework agreements or joint venture participation Nationality criteria for fishing vessels
- Marshall
Islands
 LEGISLATION
The Authority may determine by regulation a registration fee which shall be paid for every licence application. (sect. 16.(3))
(Marshall Islands Marine Resources Authority Act 1988)
Bond or letter of credit of $ 500 000 per vessel licence application to be maintained at all times in a specified Bank of Hawaii to ensure payment of fees, fines, judgements or penalties. (Sect. 2)
(Rules and Regulations on foreign fishing agreements and fish processing establishments)
Note: The above Act and Regulations form part (chapter 4, title 33) of The Marshall Islands Revised Code.

AGREEMENTS
Agreement with Japanese Fisheries Associations of May 1985, valid through April 1986 and thereafter until 6 months after notice of termination by either party
-Longline/pole and line vessels authorized
-Registration fee (all vessels) = Y. 36000
-Fees for May 1985 = (Longliners) = Y. 801 860; (Pole and liners) = Y. 544 320
-Fees subject to monthly variation thereafter to reflect market fluctuations. (See entry under Solomon Islands for price formula)
Treaty on Fisheries between Governments of certain Pacific Island States and U.S.A., renewed on 15 June 1993 for 10 year extension, to be reviewed after 5 years.
Note: See entry under Australia for global amount of fees and share formula between the Pacific Islands parties.

 LEGISLATION
-The Autority (Board of 5 Directors) may enter into bilateral or multilateral foreign fishing agreements with other States and associations or organizations representing foreign fishing vessel owners or charterers, providing for the allocation of fishing rights to these vessels. (Sect. 14.(2))
-Any agreement shall include a provision establishing the responsability of the foreign State or other organization to take all measures to ensure compliance by its vessels with the terms and conditions of the agreement and with National fisheries laws. (Sect. 14.(3))
-Regional foreign fishing agreements shall be concluded for harmonization of licensing procedures, issuance of licences, recognition of regional licences, regional observer program and other. (Sect. 20)
(Marshall Islands Marine Resources Authority Act 1988)
Foreign fishing agreements shall include the following basic requirements:
-Submission of a business plan outlining experience in fishing industry and references; vessels to be used; intended catch species and quantity; intended marketing plans for catch; plan and measures ensuring compliance with National laws. (B.1)
-Recognition of RMI sovereignty and Laws. (B. 2 and 3)
-Appointment of local agent. (B. 3)
-Deposit of a bond or letter of credit. (B. 5)
-Boarding of observers and authorized personnel. (B. 7)
-Provisions regarding local-based off-loading; obligation of transhipment or off-loading at specified ports; exclusion from certain areas; type or method of fishing; target species, amount of allowable catch and by-catch allocated.
(Rules and Regulations on foreign fishing agreements and fish processing establishments)
Note: The above Act and Regulations form part (chapter 4, title 33) of The Marshall Islands Revised Code.		 LEGISLATION
Local fishing vessel is defined as a vessel which is registered in the Marshall Islands and is wholly owned and controlled, or chartered by one or more of the following:
-the Government of the Republic;
-a public corporation established under the National laws;
-any citizen of or person permanently domiciled in the Marshall Islands.
Locally based foreign fishing vessel means any vessel based in the Marshall Islands and certified as a locally based foreign fishing vessel by the Marshall Islands Marine Resources Authority.
(Marshall Islands Marine Resources Authority Act of 1988. paragr. 2, Title 33 Revised Code)


Table C: -Coastal State requirements for foreign fishing-

STATE Foreign fishing vessel licence conditions
(other than reporting requirements) including observers, bonds, etc.		 Logbook, and reporting requirements foreign fishing
- Marshall Islands LEGISLATION
- No foreign fishing vessel shall fish in the Fishery Waters without a valid foreign fishing licence or regional licence.
- No foreign fishing vessel allowed in territorial sea or within 2 n.m. of a Fishing Aggregating Device, excepted case of locally based foreign vessel and test fishing operations.
- Licence shall only be issued in accordance with a foreign fishing agreement. (Sect. 15)
-Application shall be made in prescribed form to the Director or competent regional agency.
-Licence shall be valid for one specific vessel, unless written authorization or provisions of fishing agreement, for the period specified therein and shall cease on any change in flag State registry or ownership of the vessel.
-Licence shall be kept on board at any time. (Sect. 16)
-Licence shall be valid for a period of 12 months unless longer term of validity of applicable fishery agreement. (Sect. 18)
-Parties and operators shall comply with all requirements of foreign fishing agreements. (Sect. 21)
-All fishing gear aboard of foreign vessel unauthorized to fish in an area of
Fishery Waters shall be stowed in such a manner that it is readily available for use. (Sect. 22)
(Marshall Islands Marine Resources Authority Act 1988)
Foreign fishing agreements to include essential and additional requirements specified under in Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-
(Rules and Regulations on Foreign Fishing Agreements and Fish Processing Establishments)
Note: The above Act and Regulations form part (chapter 4, title 33) of The Marshall Islands Revised Code.
AGREEMENTS
Agreement between Marshall Islands and Japan, 1981 (current Head Agreement)
-Government of Japan to take necessary measures to ensure, in accordance with relevant laws and regulations of Japan, that Japanese fishing vessels shall not fish in Zone unless licensed, and if licensed shall comply with Agreement and terms and conditions of licence.
Agreement between Marshall Islands and Federation of Japanese Tuna Fisheries Cooperative Associations and National Off-shore Tuna Fisheries
Association, valid from I May 1985 through 30 April 1986 (and thereafter until 6 months after notice of termination by either party) (under 1981 Head Agreement).
-Fishing for tuna and tuna-like fish, billfish, and incidental catches by long-line, pole and line, and handling only. No purse seining without Government approval.
-Organization shall make best efforts to ensure that members comply with laws of Republic and with terms of agreement and that no members fish in zone except in accordance with permit conditions.
-Vessels must be registered with Authority before they can apply for permit.
Form of registration application is specified.
-Applications to be made through Japanese Organizations.
-Applications not rejected within 2 weeks (4 working days for telex applications) may be deemed to have been granted.
-Permits are to be applied for by cable or telex for each fishing trip. Permits are valid for 1 trip and not transferable.
-No fishing is permitted within 12 mile territorial sea or within a radius of 2 miles from any fish aggregating device.
-Permit to be prominently displayed in wheelhouse and produced on demand.
-Position-fixing and identification equipment to be installed and maintained in working order on vessels in zone.
-Authorized officers to be allowed to board, to inspect, and to make arrests and seizures where reasonable grounds exist.
-Observers to be allowed to board at ports where voyage commences or at agreed positions in Zone.
-Observers to be provided with normal rations, accommodations, and medical equivalent to that provided for officers, at no cost to Government.
-Observers to be permitted to carry out duties, so long as they do not interfere with normal operation of vessel.
-Observers to be allowed access to facilities and catch.
-Organizations to make best efforts to ensure prompt and satisfactory performance of agreement. Where vessel defaults, by fishing without permit or contrary to terms of permit or agreement, Organizations are to use best efforts to make owner pay fee, damages, costs, and expenses.
-Vessels must be appropriately and adequately insured for general liability and oil pollution damage. Organizations are to use best efforts to facilitate prompt and adequate settlement of claims by Government or citizens for loss or damage.
-Permits may be cancelled or withdrawn for contraventions.
-Authority to notify Organizations and to permit appeals.
-Organizations to ensure that judgments entered against members are satisfied.
-Agent or agents are to be maintained in Marshall Islands who are authorized to receive and to respond to any legal process regarding any vessel owned by members of Organization.
-Vessels may enter port of Majuro after applying for permission sufficiently in advance of expected time of entry.
-Vessels to display radio call sign or signal letters on top and both sides amidships of vessel where clearly discernible from air and sea, in letters and numbers at least 1 meter high by 40 cm. wide on contrasting background. If no radio call sign, vessel registration number.
-Japanese name of vessel to be printed in English on bow and stern.
Pacific Island States/United States Treaty on Fisheries, signed April 1987
-The operator and crew of the vessel shall allow and assist an observer designated by the Pacific Island parties (Annex 1, part 6)
-Application form contains: full name, radio call sign, registration number of vessel, full names and addresses of each person who is an operator, full names and addresses of insurer, whether owner or charterer is insolvent, whether operator or vessel has been involved in a treaty violation. (Schedule 1)
Closed areas: 12 nautical mile territorial sea and area within two nautical miles of any anchored fish aggregating device, notice of whose location shall be given by geographical coordinates. (Schedule 2)
(Source: ILM, July 1987)
Note: See under Lithuania fisheries joint venture agreement signed on 1992.
 LEGISLATION
Unspecified
AGREEMENTS
Agreement between Marshall Islands and Federation of Japanese Tuna Fisheries Cooperative Associations, etc. of 1 May 1985
-Vessels to report on entry into and departure from zone in prescribed form.
Such reports to be telexed no later than 48 hours after entry or departure.
-Vessel to report to Authority in specified format after completion of fishing trip (within 48 hours).
-While in zone, vessel to give weekly position and catch reports in prescribed form.
-All reports to made by telex, radio, or cable.
-Vessel to maintain daily catch records in prescribed form.
-Daily catch records to produced on demand
-Copy of catch records to submitted to Authority within 45 days of completion of voyage.
-Authority may refuse to grant permits to vessels which fail to submit catch records as required.
Pacific Island States/ United States Treaty on Fisheries, signed April 1987
-Licensing area reports:
Port departure and entry into port for unloading:
- report type (LBEG) for port departure to begin fishing and LFIN for port entry for unloading;
- date;
- call sign;
- port name;
- catch on board by species (in short tons).
Weekly reports:
- report type (WEEK);
- date;
- call sign;
- position (to one minute of arc);
- catch on board by species.
(Schedule 4, part 1)
Reports to national authorities:
Zone entry and exit:
- report type (ZENT for entry and ZEXT for exit);
- date;
- call sign;
- position (to one minute of arc);
- catch on board by species.
Port entry reports:
- report type (PENT);
- date;
- call sign;
- estimated time of entry into
port (GMT)
- port name.
(Schedule 4, parts 1 and 2)
(Source: ILM, July 1987)


Table D: -Compliance control and reporting conditions-

COASTAL COUNTRIES A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
- Marshall Islands* X X X     X X         X   X   X X X X XW XD XD XW   X45  


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
- Marshall Islands -Criminal penalty: up to US$ 750 000
-Civil penalty: up to US$ 1 000 000		 NO Vessel, gear and catch: Court may order.

 

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