Amendment to Title 27 of Palau National Code (RPPL No. 9-45)

NINTH OLBIIL ERA KELULAU Third Special Session, May 2013 RPPL No. --".9 -4"'5<-- Passed as Senate Bill No.9-59, SOl, HOI AN ACT To amend Title 27 of the Palau National Code to increase illegal foreign fishing penalties and broaden the definition of "fishing" to include using fish aggregating devices, and for other related purposes. THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS: Section 1. Legislative findings. 2 Currently, the Palau National Code provides for some illegal foreign fishing 3 penalties that range from S50,000 to S250,000. The Olbiil Era Kelulau finds that even 4 though these figures seem high, they are lower than the illegal foreign fishing 5 penalties imposed by the Republic of Palau's island neighbors, sueh as the Federated 6 States of Micronesia. As a result, the Olbiil Era Kelulau finds that it is necessary to 7 amend some of Palau's fishing penalties to increase some of them to be commensuratc 8 with the Micronesian region. 9 Also, fish aggregating devices are oftentimes used when fOJ'cigners fish in \0 Palau's waters, but the use of those devices is not included in the Palau National 1\ Code's definition of "fishing," which I1lllkes difficult the prosecution of fishermanwho 12 illegally use this method of fishing in Palau's waters. As a result, the Olbiil En! 13 Kelulau finds that fish aggregating deviccs must be included as a method of fishing in 1-1 Palau's waters. 15 Section 2. Amendment. 27 PNC § 102is amended to state as follows: 16 "§ 102. Definitions. 17 I n this chapter: 18 (a) ... 19 20 (I) "Fish aggregating device" or "fish aggregation device" means any man 21 made dcvice, or natural floating object, whether anchored 0" not anchored, that is 22 c~,pable of aggregating fish. 23 (g) ... Page 1 o r 5 RPPL No. 9-45 ~--~~~ Passed as Senate Bill No.9-59, SD 1, HD1 1 (h) ... 2 (i) ... 3 (j) ... (k) ... 5 (I) . . . 6 (m) ... 7 (n) .. . 8 (0) ... 9 (p) . . . 10 (q) ... " 11 Section 3.Amendment. 27 I'NC § 182 is amended to state as follows: 12 "§ 182. C riminal pemlhies. 13 (a) ... 1-' (b) Any offense describcd as a prohibited act by section 181(a), (b), (c), (d), (c), 15 or (k) is punishable by a fine of not less than fivc hundred thousand dollars 16 (5500,000) and not more than one million dollars (S 1 ,000,0(0). 17 (c) Any offense described as a pl'Ohibited act by section 181(1), (g), (h), (i), 01' 18 (j) is punishable by a fine of not less than five hundred thousand dollars (S500,000) 19 for ellch violation; except that if in the commission of any such offense the person uses 20 a dangerous weapon, engages in conduct that causes bodily injury to any officer 21 authorized to enforce the provisions of this chapter, or places any such officel' in fear 22 of imminent bodily injury, the offense lisl punishable by a fine of not less than five 23 hundred thousand dollars (5500,000) and not more than one million dollars 24 (51,000,000) for each violation. ElIch dllY of continuing violation shall be considered a separate offense. 26 (d) ... 27 (c) Any person who reports an act prohibited by section 181 to law 28 enforcement authorities shall bc entitled to I'eeeive a reward upon conviction of the 29 reported offender. The reward shall amount to 3°;', of any fine collected pursuant to 30 this section." Page:2 of 5 RPP L N o. :--..::l9o::--4~5 :::-:::-~-::-::-~,-- Passed as Senate Bill No.9-59, SDI, HDI Section -t. Amendment. 27 I>NC § 183 is amended to state as follows: 2 "§ 183. Civil penalties. 3 (a) Any person who is found by the Supreme Court in a civil proceeding to t have committed an act prohibited by section 181 of this title shall be liable to the 5 national government for a civil penalty of no less than two hundred fifty thousand 6 dollars (S250,000) and no more than one million dollars (5 I ,000,000) fOl· each 7 violation. Each day of continuing violation shall constitute a separate offense. 8 (b) ... " 9 Section 5. Amendment. 27 PNC § 185 is amended to sta te as follows : \0 "§ 185. Revenues. II All revenues, including fees collected pursuant to section 169 and all fines and 12 proceeds of sale of all forfeitures shall he transmitted immediately upon collection to 13 the National Treasu,·y and shall be divided and distributed in accordance with the 14 formula set forth in section 17-t(c) of this title." 15 Section 6. Amendment. 27 PNC § 205 is amended to state as follows: 16 "§ 205. Tampering with, failing to operate, or destruction of an automatic 17 location communicator. 18 Anyperson who willfully tampers with, destroys, or interferes with in any way, 19 an automatic location communicator, or violates section 203(a)(4), shall be guilty of a 20 class C felony and upon conviction shall be sentenced for a term of imprisonment not 21 to exceed two yea rs, fined an amount ranging from S500,000 to SI,OOO,OOO, or both." 22 Section 7.Amendment. 27 PNC § 1203 is amended to state as follows: 23 "§ 1203. Definition. 2-t (a) ... 25 26 (d) "To fish" or "fishing" means: 27 (I) searching for, catching, taking, or han'esting fi sh; 28 (2) attempting to sea rch for, catch, take, or harvest fish; 29 (3) engaging in any other activity which can reasonably be expected to 30 result in the locating, catching, taking, or harvesting of fish; Page 3 of 5 2 3 5 6 7 8 9 10 I I 12 13 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 RPPL No. 9-45 ~~~~~~~~=­Passed as Senate Bill No.9-59, SDI, HDI (4) placing, sear·ching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons; (5) any operations at sea directly in support of, or in preparation for, any activity described in paragraphs (I) to (4); or (6) the use of any vchicle on sea or air, including aircraft, in relation to any activity described in paragr·aphs (I) to (5) except for emergencies involving the health or safety of crew members or the safety of the vessel. (e) ... " Section 8.Amendment. 27 PNC § 1209 is amended to state as follows: "§ 1209. Criminal penalties. (a) Anyone who violates subsections (a)-(e), (g)-(j), (1)-(0) or (q) of section 120-t herein shall, upon conviction, be penalized as fellows: upon the fir·st conviction, be fined not less than one thousand dollars (S 1,000); upon the second conviction, be fined not less than five thousand dollars (S5,000) and sentenced to ser"Ve up to thirty (30) days in jail; upon the third conviction, be lined not less than ten thousand dollars (SIO,OOO) and sentenced to serve up to six (6) months in jail; any conviction after a third conviction, be fined not less than twenty-five thousand dollars (S25,000) and sentenced to serve up to one (I) year in jail. In assessing lines under this subsection, the court shall take into account any lllld all prior violations of subsections (a)-(e), (g) (j), (1)-(0), or (q) whether such violation resulted in convictions or not. (b) Anyone who violates subsection (I) of section 1204 shall, upon conviction, be fined not less than five thousand dollars (S5,000) or imprisoned for not more than one (I) year, or both. (c) Anyone who violates subsection (k) of section 1204 shall, upon conviction, be fined not le5s than three thousand dollars (S3,000) or imprisoned for a period of not more than two (2) years, or both, for each violation. (d) Anyone who violates subsection (p) of section 120-t shall, upon conviction, be lined not less than four thousand dollars (S-t,OOO) or imprisoned for a period of not less than six (6) months and not more than two (2) years, or both, for· each violation. Pag" 4 o f 5 RPPL No. 9-45 ~~-------------­ Passed as Senate Bill No.9-59, SOl, HOI (e) Any person who reports an act prohihited hy section 1204 to law 2 enforcement authorities shall be entitled to receive a reward upon conviction of the 3 ,·eported offender. The reward shall amount to 3'10 of any line collected pursuant to 4 this section." 5 Section 9.Amendment. 27 PNC § 1210 is amended to state as follows: 6 § 1210. Civil penalties. 7 (a) . .. 8 (b) Any person who is found by the Supreme Court in a civil proceeding to have 9 committed an act prohibited by this chapter, shall be liable to the affected state and 10 national government jointly for a civil penalt)' of no less than two hundred lift), II thousand dollars (S250,OOO) and no mo,·c than one million dollars (S I ,OOO,OOO) for 12 each violation. 13 I.. (g}AII revenues collected pursuant to this subsection shall be transmitted 15 immediately upon collection to the National Treasury and shall be distributed in 16 accordance witb the formula sct forth in section 174( c) of this title." 17 Section 10. Effective Date. This Act shall take effect upon its approval by the 18 President of the Republic of Palau or upon its becoming law without such approva l, 19 except as othenvise provided by law. PASSED: July 16,2015 Approved this ,)'i Y6 day of ¥~~ ~, 2015. Page 5 of 5