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Admiralty and Maritime, General Provisions [Title 19 Chapter 1]

LAWS OF THE FEDERATED STATES OF MICRONESIA

[1999 FSM Code Annotated]

TITLE 19 - ADMIRALTY AND MARITIME

CHAPTER 1

General Provisions

Sections:

§ 101. Short title.
§ 102. Application.
§ 103. Regulations.
§ 104. Delegation of authority.
§ 105. Admiralty jurisdiction.
§ 106. Definitions.

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§ 101. Short title.

This Act is known and may be cited as the "National Maritime Act, 1997".

Source: PL 10-76 § 3.

§ 102. Application.

(1) Unless otherwise stated in specific sections, this title shall apply to:

(a) all vessels required to be registered in the Federated States of Micronesia, wherever located, and their owners;

(b) all other vessels and small craft which operate outside of lagoons in the waters of the Federated States of Micronesia or engage in interstate or foreign commerce, and their owners;

(c) all foreign vessels which enter, operate in, or are located in waters of the Federated States of Micronesia; and

(d) all seamen employed on vessels which are registered in the Federated States of Micronesia and any citizens or nationals of the Federated States of Micronesia employed on any foreign vessel.

(2) Nothing in this title shall permit any lien or authorize proceedings in rem against any Government Vessel engaged in non-commercial services.

Source: PL 10-76 § 4.

§ 103. Regulations.

The Secretary may promulgate regulations, including fees, to implement this title, which regulations shall have the force and effect of law.

Source: PL 10-76 § 5.

§ 104. Delegation of authority.

The Secretary, Registrar, Principal surveyor, Principal Shipping Officer, Aids to Navigation Officer, and Receiver of Wreck may delegate in writing all or any of their powers under this title except this power of delegation.

Source: PL 10-76 § 6.

§ 105. Admiralty jurisdiction.

The Supreme Court of the Federated States of Micronesia shall have exclusive, original jurisdiction in maritime and admiralty matters and in all matters pertaining to this title and regulations.

Source: PL 10-76 §7.

Annotations

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

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

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

§ 106. Definitions.

As used in this title:

(1) "Authorized officer" means any officer of the Division of Security and Investigation of the Government of the Federated States of Micronesia or any other person authorized in writing by the Attorney General to be an authorized officer.

(2) "Authorized Pilot" means a person who has a current, valid Pilotage Certificate issued by the Principal Shipping Officer certifying that the person is competent to provide pilotage services for a specified pilotage area.

(3) "Collisions Convention" means the Convention on the International Regulation for Preventing Collisions at Sea, 1972, as modified by its protocols, and as amended from time to time.

(4) "Crew" means those persons employed on board a vessel, but does not include a master, pilot, supercargo, or a person temporarily employed on board the vessel while it is in port.

(5) "Dangerous goods" means any goods classified as dangerous goods in the International Maritime Dangerous Goods Code, 1965, ("IMDG Code") published by the International Maritime Organization, London, as amended from time to time.

(6) "Department" means the Department of Transportation and Communications of the Federated States of Micronesia.

(7) "Fishing vessel", for the purposes of this title only, means any vessel used commercially for catching fish or other living resources of the sea, except vessels exclusively used:

(a) for sport or recreation; or

(b) for research and training.

(8) "Government" means the National Government of the Federated States of Micronesia, or a state government, or any agency or instrumentality of either.

(9) "Government Vessel" means a vessel or a class of vessel that:

(a) belongs to or is chartered and controlled by the Government; or

(b) is held by any person on behalf of, or for the benefit of, the Government.

(10) "The Hague-Visby Rules" means the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, signed at Brussels on August 25, 1924, as modified by its protocols and as amended from time to time.

(11) "Limitation of Liability Convention" means the Convention on Limitation of Liability for Maritime Claims done at London on November 19, 1976, as modified by its protocols and as amended from time to time.

(12) "Load Line Convention" means the International Convention on Load Lines, 1966, as modified by its protocols and as amended from time to time.

(13) "The MLM Convention" means the International Convention on Maritime Liens and Mortgages, 1993, as modified by its protocols and as amended from time to time.

(14) "Marine aid to navigation" means any structure, device, or apparatus the principal purpose of which is to assist in the navigation of vessels and small craft, and includes lights, radio beacons, electronic position fixing devices, buoys, fixed structures, illuminating and reflective devices and any other such apparatus.

(15) "Master" means the person having lawful command or charge of the vessel but does not include a pilot.

(16) "National Government" means the National Government of the Federated States of Micronesia.

(17) "Owner" means the owner, managing owner, demise charterer or operator of a vessel, except where the word is specifically defined differently in a chapter or section, and includes all owners, if there is more than one.

(18) "Passenger" means a person carried on board a vessel with the knowledge and consent of the owner or master, other than a person engaged in the business of the vessel.

(19) "Passenger vessel" means a vessel which is carrying or capable of carrying more than 12 passengers.

(20) "Person" means any natural person and any sole proprietorship, partnership, corporation, or any other business or commercial entity or association.

(21) "Port Authority" means that instrumentality or agency designated by the state to manage and administer the state's port facilities.

(22) "Principal Shipping Officer" means an employee of the National Government of the Federated States of Micronesia, Department of Transportation and Communications, appointed by the Secretary, to oversee the implementation and enforcement of the provisions of this title relating to qualifications, training, certification, welfare and employment of seamen and the qualifications, training and certification of pilots.

(23) "Principal Surveyor" means an employee of the National Government of the Federated States of Micronesia, Department of Transportation and Communications, appointed by the Secretary, to oversee the implementation and enforcement of the provisions of this title relating to vessel safety.

(24) "Proper return port" means the port, named in the Shipping Articles, which is agreed upon by the employer and a seaman to which the seaman should be returned.

(25) "Qualified Person" means a person, or entity meeting the qualification requirements to register a vessel in the Federated States of Micronesia.

(26) "Receiver" means the Receiver of Wreck

(27) "Register" means the official written record of vessels which are registered or have been registered in the Federated States of Micronesia.

(28) "Registered Vessels" means a vessel registered under this title which is entitled to fly the flag of the Federated States of Micronesia.

(29) "Registrar" means an employee of the National Government of the Federated States of Micronesia, Department of Transportation and Communications, appointed by the Secretary, to maintain the Register and implement and enforce the provisions of this title relating to the registration of vessels in the Federated States of Micronesia.

(30) "Safety Convention" means the International Convention for the Safety of Life at Sea, 1974, as modified by its protocols and as amended from time to time.

(31) "Salvage Convention" means the International Convention on Salvage, 1989, as modified by its protocols and as amended from time to time.

(32) "Seaman" means a person engaged or employed in any capacity on board a vessel other than a pilot, supercargo, or a person temporarily employed on board the vessel while it is in port, and includes the master and officers.

(33) "Secretary" means the Secretary of the Department of Transportation and Communications of the Federated States of Micronesia.

(34) "Shipping Articles" means the written employment contract between the owner or master of a vessel and a seaman to be employed on board the vessel setting forth the terms and conditions of employment.

(35) "Small craft" means vessels of less than 12 meters in length of any kind or type used or capable of being used as a means of transportation on water, vessels of any length used exclusively for private, non-commercial recreation and pleasure, and traditional canoes of any length, but not including:

(a) craft belonging to the defense forces of any nation; and

(b) fishing vessels.

(36) "STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as modified by its protocols and as amended from time to time.

(37) "Stowaway" means a person carried to sea without the knowledge and consent of the master or other authorized person.

(38) "Supreme Court" or "Court" means the Supreme Court of the Federated States of Micronesia.

(39) "Tonnage Measurement Convention" means the International Convention on Tonnage Measurement of Ships, 1969, as modified by its protocols and as amended from time to time.

(40) "Vessels" means every type or kind of watercraft used or capable of being used as a means of transportation on water, including fishing vessels, but not including:

(a) any craft belonging to the defense forces of any nation;

(b) watercraft used exclusively for private, non-commercial recreation and pleasure; or

(c) any small craft operated solely within lagoons or on lakes and rivers.

(41) "Waters of the Federated States of Micronesia" means the internal waters, Territorial Sea, and Exclusive Economic Zone as defined in title 18 of the Code of the Federated States of Micronesia.

(42) "Wreck" means a vessel or any portion thereof which has sustained a casualty causing damage to the vessel to the extent that the seaworthiness of the vessel is threatened or destroyed, and also includes the vessel's cargo, and any jetsam, flotsam, lagan and derelict.

Source: PL 10-76 § 8.

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