KSPL No. K7-173-2006 Conservation and Management of Rock Islands Act

SEVENTH KOROR STATE LEGISLATURE Tenth Regular Session, October-December, 2005 KSPL No. K7-173-2006 (Introduced as Bill No. 7-71 Page 1 of 3 AN ACT To amend Section “3.A.” of Koror State Public Law No. K7-161-05 to allow the Governor to promulgate comprehensive regulations for the conservation and management of the rock islands, and for related purposes. THE PEOPLE OF KOROR REPRESENTED IN THE LEGISLATURE OF THE STATE OF KOROR DO ENACT AS FOLLOWS: SECTION 1. FINDINGS. The people of the State of Koror represented in the 1 Legislature hereby find that Koror State Public Law No. K7-161-05 authorized the Governor to 2 promulgate rules and regulations to implement the “Rock Islands Southern Lagoon Area 3 Management Plan,” and allowing the rules and regulations to cover rock island use permits and 4 related matters. Some questions have been raised about the limited scope of authority granted to 5 the Governor, such as whether or not the regulations can include fishing regulations, and other 6 matters covered under other Koror State laws. 7 The Legislature finds that it is in the best interests of the people of Koror to authorize the 8 Governor to promulgate regulations that will establish a comprehensive regulatory scheme for 9 the conservation and management of the rock islands, including living and non-living resources, 10 for the benefit of future generations of Palauans. 11 SECTION 2. AMENDMENT OF SECTION “31A.” OF KOROR STATE PUBLIC 12 LAW NO. K7-161-05. 13 Section “3.A.” of Koror State Public Law No. K7-161-05 is hereby amended to read 14 as follows: 15 “SECTION 3. Authority to promulgate rules and 16 regulations; Legislative approval; Penalties for violations A. The Governor of the State of Koror is hereby authorized 18 to promulgate rules and regulations to implement the “Rock 19 Islands - Southern Lagoon Area Management Plan 2004-2008", as 20 approved by the Rock Island Management Area Executive 21 Committee and Koror State Governor John C. Gibbons in May of 22 2004. The rules and 23 . 17 SEVENTH KOROR STATE LEGISLATURE Tenth Regular Session, October-December, 2005 KSPL No. K7-173-2006 (Introduced as Bill No. 7-71 Page 2 of 3 regulations may contain the subject matter appearing in KSPL No. 1 K6113-2000, as amended by KSPL No. K6-126-2001. The 2 comprehensive rules and regulations may also regulate the 3 following matters and subjects: any matter that is the subject of 4 existing Koror State law pertaining directly or indirectly to the 5 environment; any matter relating to the exploration and exploitation of 6 all living and non-living resources of the State, including the 7 regulation of research and studies conducted for commercial, 8 educational, scientific, or other purposes; regulating any conduct or 9 activity, including regulating use of designated areas and charging or 10 amending fees for rock island uses and activities; regulating the 11 conservation and management of flora, fauna, rock islands, reefs, 12 beaches, marine and land resources, marine and terrestrial materials, 13 and all living and non-living resources owned by the State of Koror. 14 The rules and regulations shall comply with 40 PNC 2102(c) for the 15 imposition of any new fees or charges.” 16 SECTION 3. SEVERABILITY SECTION 4. . In the event that a court of competent jurisdiction 17 determines that any part or portion of any portion of this law is invalid, then the offending portion or 18 portions may be stricken, and the remaining portions shall continue in full force and effect. 19 EFFECTIVE DATE PASSED: January 5, 2006 CERTIFIED BY: ATTESTED TO BY: /s/ /s/ . This Act shall become effective upon its becoming 20 law by operation of the Koror State Constitution. 21 Yositaka Adachi, Speaker Charlyne Uong, Clerk 7th Koror State Legislature 7th Koror State Legislature SEVENTH KOROR STATE LEGISLATURE Tenth Regular Session, October-December, 2005 KSPL No. K7-173-2006 (Introduced as Bill No. 7-71 Page 3 of 3 APPROVED ON THIS 6th DAY OF January , 2006. /s/ John C. Gibbons Governor, Koror State