Illegal Methods of Capture (Chapter 13 of Title 24 of Palau National Code: Environmental Protection)

1144 PAL 46 24 PNC 1301 ILLEGAL METHOD OF CAPTURE 24 PNC 1302 §1301. §1302. §1303. §1304. §1305. Chapter 13: Illegal Methods of Capture Subchapter I: Fishing with Explosives, Poisons or Chemicals Definitions. Catching marine life with poisons» etc.; possessing or selling marine life caught with explosives» etc.; placing explosives, etc. in waters with intent to kill marine life. Exceptions. Use of local roots, nuts, or plants. Penalties. §1301. Definitions. In-this subchapter» the termS "poisons," "chemicals»" or "substances" include, but are not limited to, hypochlorus 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 Barrinfton asiatica, Coculus ferrandianus» Hura erepitans, rise dia erythrina, Tephrosia purpurea, and WIKStremia. Source: 45 TTC §l(l)(a), second sentence, modified. Catching exp os in section 1303 of this subchapter: (a) No person shall knowingly catch any fish or other marine life by means of explosives, poisons, chemicals or other substances which kill fish or marine life; (b) No person shall knowingly possess fish or any other marine life caught by explosives» poisons» chemicals» or other which kill fish or marine life. or sell any means of substances (c) No person shall knowingly place or cause to be placed» in any waters of the Republic» explosives, poisons» chemicals» or other substances with the intent to kill fish or other marine life. Source: 45 TTC §l(l)(a), first sentence» §l(l)(b), modified. T24-49 24 PNC 1303 1145 PAL 47 ENVIRONMENTAL PROTECTION 24 PNC 1321 §1303. Exceptions. Tneprovis ions of section 1302 of this subchapter shall not apply where the President: (a) Has granted written permission to use the means prohibited in section 1302; or ~) Has determined that: (1) The purpose of obtaining the fish or other marine life is to avoid the waste or loss of such fish or marine life; and (2) The consumption or sale of fish or other marine life caught by any mea':ls the use of which is prohibited in section 1302 ~s not harmful or hazardous to health and human life. Source: 45 TTC §1(2). modified. §1304. Use of local roots. nuts or plants. NOthrng in this subchapter shaft be construed to prevent any person from catching any fish or other marine life by the use of local roots. nuts. or plants which have the effect of stupefying but which do not kill fish or other marine life. Source: 45 TTC §1(3). modified. §130S. Penalties. Any--person who violates any of the prov~s~ons of this subchapter shall. upon conviction. be fined not less than $100.00 or more than $2000.00, or imprisoned for not less than six months or more than two years, or both. Source: 45 TTC §1(4), modified. §1321. §1322. §1323~ §l324. §132S. §1326. Subchapter II: Other Prohibitions Definitions. Placing of explosives or poisons in waters; taking of marine life affected by explosives or poisons. Exception. Prima facie evidence. Penalties. Seizure of gear. §l321. Definitions. rn-tnis subchapter: T24-50 1146 PAL 48 24 PNC 1322 ILLEGAL METHOD OF CAPTURE 24 PNC 1324 (a) "Marine life" means anything which lives, either wholly or partly, within water. It includes, but is not limited to, fish, mollusks, coral, and all plants. (b) "Poison" means any substance which is capable of stunning, killinp,' or otherwise incapacitating any marine life. "Poison' includes, but is not limited to, petroleum, coal or oil tar, lamp-black, aniline, asphalt bitumen, residuary products of petroleum, or carbonaceous materials or substances. apter: waters· Source: PDC §205(b), modified. §1322. Placin t ak in~ mar....~-n~e-....~~-....,.--~....,..----....-...-~-----.-----........;;....L. xcept as prov]. (a) The placement of any explosive in any waters of the Republic is prohibited. (b) The placement of any poison in such a way as to allow it to be discharged, passed, or deposited in the waters of the Republic is prohibited. which has been an explosive or life of marine by use (c) The taking of taken, killed, or stunned poison is prohibited. Source: FOG §20S(a)(l), modified. §1323. Exception. Tne--President, or his representative, may issue a permit to persons involved in scientific research, exploration, construction, or other uses, not including fishing with explosives or poisons as described in subchapter I, which in the opinion of the President is in the best interests of the people of Palau. The permit shall specify the persons who may use a poison or explosive, and the time during which they may use the poison or explosive. Source: PDC §205(a)(2), modified. §1324. Prima facie evidence. Tne-possession of any explosive or poison by fishermen, or persons in the habit of fishing, or persons who are in the water or close by any water where marine life can be taken, and the possession of fish which have been taken by any explosive or poison shall be prima facie evidence of violation of this subchapter. T24-Sl 24 PNC 1325 1147 PAL 49 ENVIRONMENTAL PROTECTION 24 PNC 1326 who is subject Source: PDC §205(c), modified. §1325. Penalties. Any--person who violates any provision of this subchapter shall, upon conviction, be imprisoned not more than six months, or fined not more than $100.00 dollars, or both. Source: POC §205(d), modified. §1326. Seizure of gear. (a) Any fishing gear used by a person convicted of violating this subchapter shall be to forfeiture to the national government. (b) If the gear is owned by a person other than the person convicted of violating this subchapter, the gear shall not· be subject to forfeiture unless it is shown that the owne~ had knowledge that the gear was being used for an illegal purpose and that the owner then failed to inform the person using the gear that it was not to be used for an illegal purpose. Source: PDC §205(e), modified.