Micronesia (Federated States of)

The state of Pohnpei, having jurisdiction over its state waters, recognizes the need to protect and preserve the marine resources therein for the people of Pohnpei. In recognition of the fact that the marine resources of these waters are a finite and renewable part of the physical heritage of our people, we choose to limit the use of such resources to the people of Pohnpei. For this reason, the commercial harvesting of these resources is prohibited to commercial foreign and domestic enterprises within state waters. The purpose of this chapter is to enforce the general prohibition against non-recreational commercial fishing by establishing a fine structure that will effectively limit the economic feasibility of illegally fishing within state waters, to regulate allowable non-commercial and commercial recreational fishing in state waters by establishing the necessary permit system for such fishing, and to finance both the enforcement and regulatory effort.

Commercial fishing and drift net fishing in state waters prohibited. Except as otherwise provided by law or this chapter, no person may engage in commercial fishing within state waters. Notwithstanding any other provision of this chapter, under no circumstances shall drift net fishing be allowed in state waters.

Fishing by recreational and sport fishing vessels operating under a valid foreign investment permit issued by the state, by resident noncitizens and vessels owned or controlled thereby, and by bona fide tourists shall be permitted under this chapter; PROVIDED that the total catch, inclusive of the catch of species of bill fish prohibited to foreign fishing vessels under 29 PC 1-105, attributable to any one such person in any one day shall not exceed 150 pounds or three fish, whichever is greater.

Recreational fishing for marine mammals is strictly prohibited. If a marine mammal is caught as an unintended and incidental by-catch of a recreational fishing effort permitted under this chapter, the mammal shall be immediately released by such means as will maximize the chances of survival of that mammal.

No person shall use or attempt to use any poison, explosive, electric charge device or other substance to kill, take, stun, immobilize or in any way render fish more easily caught.

No person shall damage a reef by dredging, mining, removing coral or rocks, running a vessel aground or by any other means.

No domestic, domestic-based, commercial pilot, or foreign fishing is permitted in the exclusive economic zone except by a valid permit issued under this title.

Spearfishing is one of the most common types of fishing in the FSM, especially in some of the outer islands. The FSMers, unlike Palau, do not use spearguns but normally use the rubber/spear type; but they do a lot of night spearfishing with flashlights... In the outer islands of Yap most of the islands banned flashlight spearfishing (and monofilament gill nets) as they believed the methods were unsustainable in their atoll situations.