Title 51 Marshall Islands Revised Code (MIRC) Chapter 2 (Fisheries Act)

Fishing with poisons or explosives. (1) No person shall: (a) use, permit to be used or attempt to use any: (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; (ii) dynamite or explosive substance or device, for the purpose of killing, taking, stunning, stupefying or disabling fish or in any way rendering fish more easily caught: (b) carry, permit to be carried, possess or control any: (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; (ii) dynamite or explosive substance or device, in circumstances which indicate the intention of its use for any of the purposes referred to in paragraph (a); (c) place in the water or assist in placing in the water any: (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; (ii) dynamite, or any explosive substance or device, for any of the purposes referred to in paragraph (a). (2) No person shall: (a) land, display for sale, sell, deal in, transport, receive or possess any fish or fish product taken by any means which contravenes this Section; (b) knowing or having reasonable cause to believe that any fish or fish product has been taken in contravention of this Section, fail or refuse to give, on request, to any authorized officer information regarding: (i) any activity described in Subsection (1), or any support of or contribution to such activity; (ii) the source of his supply of any fish or fish product referred to in subparagraph (a) of this Subsection. (3) For the purposes of this Section, the terms “poisonous”, “chemicals” and “substance” include but are not limited to hypocholorus acid or any of its salts, including bleaches commonly sold under various trade names such as Clorox and Purex, and bleaching powders, preparations containing ratenone, tephrosin or plant material from Barrington asiatica, coculusferrandianus, hura crepitans, piscidia erythrina, tephrosia purpurea and wikstremia. (4) A person who contravenes Subsection (1) or (2) commits an offense and upon conviction: (a) in respect of Subsection (l)-(a)(i), (b)(i) and (c)(i) and Subsection (2): (i) in respect of a citizen, shall be fined not more than $10,000 or may be imprisoned up to three months, or both; (ii) in respect of a non-citizen or a citizen acting on behalf of a corporate entity, shall be fined not more than $250.000 or may be imprisoned up to six months, or both; (b) in respect of Subsection (l)-(a)(ii), (b)(ii) and (c)(ii): (i) in respect of a citizen, shall be fined not more than $20,000 or may be imprisoned up to six months, or both; (ii) in respect of a non-citizen or a citizen acting on behalf of a corporate entity, shall be fined not more than $500,000 or may be imprisoned up to six months, or both. (5) In any proceedings for any offense against this Section, a certificate in writing, issued under Section 547 of Chapter 5 of this Title, stating the cause of death or injury of any fish, shall be prima facie evidence of that fact. (6) For the purposes of this Section, any explosive, poison or other noxious substance found on board any fishing vessel shall be presumed to be intended for the purposes referred to in Subsection (1 )(a) of this Section. (7) All fish or fish products seized under this Section shall be confiscated, and any vessel or vehicle used to transport such fish or fish products may be confiscated, and disposed of in such manner as the Director determines. [P.L. 1997-60, §32.]