Marine Protection Act of 1994

RPPL NO. 4 - i s FOURTH OLBIIL ERA KELULAU SIXTH J.IBGUL.AR sessION April - 1994 HOUSE BILL NO. 4-60-4, BD3, SDl, CDl A BILL FOR AN ACT (See Title Inside) OFFERED BY DELEGATE($) ---"K:"'e"'-r"'-ai=-· --"'Ma=rcci:c:u.:c.r ET AL, DATE INTRODUCED: October 18 1993 Flf\ST READING: REFERRED TO: s, ANDING COMMITTEE REPORT NO: DA TE ADOPTEO: SECOND READ I/JG: LEGAL FORMAT: REVIEW: THlRO READING: FIRST READING: REFERRED TO: STANDJNG COMMITTEE REPORT NO: DA TE ADOPTED: SECOND READING: LEGAL FORMAT: REVIEW: THIRO READING: HOUSE ACTION October 18, 1993 Resources & Development 70A December 14, 1993 December 14, 1993 Proper December 14, 1993 February 4, 1994 SENATE ACTION February 4, 1994 Resources & Development 4-121 April 12, 1994 April 12, 1994 Proper April 12, 1994 April 13, 1994 CONFERENCE COMMITTEE ACTION DATE: COM>,(TTE E RE PORT: April 28, 1994 11 ,.~~~u~ 29, l 9911 CHIEF CLERK Rouse of Delegates f z F1> · a I I I 11 \1 I I I 11 l !( ii 2 \ 3 4 I 5 I 6 ii !, :1 7 I I 8 I I I 9 i li 10 !I II 11 1; 11 ,1 11 12 :1, ,I 1: I 13 :I :/ 14 \! ii 15 11 I' 11 16 '[ :\ 17 18 i! ,, !I ') 19 :1 :1 :• 20 ! 21 22 23 24 25 FOURTH OLBIIL ERA KELULAU Fourth Regular Session, Oct. 1993 RPPL No. 4 - i e AN ACT (lntro. as HE No. 4-60-4, HD3, SDl, CD1) To regulate the taking of certain species of marine and terrestrial organisms, to prohibit or limit certain fishing methods, to repeal RPPL No. 1-9, RPPL No. 3-61, and for other purposes. THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS: Section 1. Short title. This Act shall be known and may be cited as the "Marine Protection Act of 1994." Section 2. Purpose. The purpose of this Act is to promote sustainably and develop the marine resources of the Republic while also preserving the livelihood of the commercial fishermen of the Republic. Section 3. Definition. The following definitions are to be used in interpreting this Act. Any term not listed below is to be accorded its ordinary dictionary definition or where applicable, its definition under Subchapters I and lII of Chapter 27 of the PNC: ( 1) "Cultured species" means any species produced through aquaculture or rnaricul ture systems, authorized by the proper authorities; ( 2) "Exclusive economic zone" means that area contiguous to the territorial sea, the inner boundary of which is the seaward boundary of the territorial sea, and the outer boundary is a line every point of which is two hundred nautical miles seaward of the nearest point on the baseline as defined in this Act; (3) "To fish" means to catch, take, or harvest fish, or to attempt to take, catch, or harvest fish using any method whatsoeveri (4) "Fish", as a noun, means any species of animal, other than birds, which lives in the sea; 1: ii Ii 11 I I 1 I I 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 i 22 I 23 24 I 25 I fl 1, 26 !I ,, ,, II 27 ii 28 l I 29 30 i\ 31 '.1 " II (5) "Fishery RPPL NO . 4 - l B (Intro. as HB No. 4-60-4 HDJ SDl, CDl) zones 11 means the internal waters, territorial sea, and exclusive economic zone as defined in this Act, and all other waters over which the Republic may have jurisdiction in accordance with international laws; (6) "Marine resources" means all species of marine animals and plants other than marine birds; (7) "Minister" means the Minister of Resources and Development; (S) "Person" means any individual, corporation, partnership, association, or other private sector entity; the government of the Republic or any of its subdivisions; and any foreign government, or subdivision thereof; (9) "Take" means to harass, destroy, sell, damage, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct; (10) "Territorial sea" means that area seaward of the baseline, the inner boundary of which is the baseline and the outer boundary is a line every point of which is twelve nautical miles seaward of the nearest point on the baseline. Section 4, Prohibited acts. It shall be unlawful for any person within the fishery zones of the Republic to: (1) fish for commercial purposes for, sell, or buy any of the following species of groupers (temekai, tiau) from ' April 1 to July 31, inclusive: (a) Plectropomus areolatus (tiau) (b) P. leavis (tiau, katuu'tiau, mokas) (c) P. leopard us (tiau) (d) Epinephelus microdon (ksau'temekai) (e) E. fuscoguttatus (meteungerel'temekai) (2) fish for commercial purposes for, sell, or buy any of the following species: 2 1 2 J 4 5 6 7 'I J, 8 I 9 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RPPL N0. 4 - l B (Intro. as HB No. 4-60-4, HD3, SDl, CDl) (a) Juvenile parrotfish - Bolbometopon muricatum (Berdebed) which means for purposes of this Act, a parrotfish less than 25 inches in length; and (b) Juvenile wrasse - Cheilinus undulatus (Ngimer) which means for purposes of this Act 1 a wrasse less than 25 inches in length. (3) Commercially export, or fish for 1 sell, or buy for commercial export the following species: (a) Adult parrotfish Bolbometopon muricatum (Kemedukl); and (b) Adult wrasse - Cheilunus undulatus (maml). (4) fish for commercial purposes for, sell or buy rabbitfish (Meyas, Siganus canaliculatus) from March 1 to May 31, inclusive; (5) fish for commercial purposes for, sell or buy the following species of rock lobsters (cheraprukl): raiklius, bleyached I or melech smaller than six ( 6) inches in total length of the carapace, as measured from the tip of the rostrum midway between the eyes to the end of the carapace, or a berried female of any size whatsoever; (6) fish while using any form of underwater breathing apparatus other than a snorkel; (7) commercially export black teatfish (Holothuria nobilis (bakelungal)), white teatfish (Holothuria fufcogilua (bakelungal)), (temetamel)) 1 prickly redfish (Thelenota ananas surf redfish (Actinopyga mauritiana (badelchelid)), sandfish (Holothuria scabra (rnolech, delal a molech)), humphead parrotfish (Bolbornetopon muricatum (kemedukl, berdebed)), coconut crab (Birgus latro (keta~)), mangrove crab (Scylla serrata (chernang)), rock lobster (Panulirus longipes fermoristriga, Panulirus versicolor, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 29 JO Jl ,, •l ,. :1 ij \1 I RPPL NO. 4-J.8 (Intro. as HB No. 4-60-4 HDJ SDl, CDl) Panulirus penicillatus (cheraprukl)), and wrasse (Cheilunus undulatus (ngimer, maml)), except cultured species thereof; (8) commencing one year after the effective date of this Act, co:m:mercially export sea cucumbers (Actinopyga miliaris (cheremrum)) except cultured species thereof; (9) buy or sell any coconut crab (Birgus latrol) smaller than four (4) inches in the greatest distance across the width of its carapace or a berried female coconut crab of any size whatsoever; (10) buy or sell any mangrove crab (Scylla serrata) smaller than six (6) inches in the greatest distance across the width of its carapace or a berried female of any size whatsoever; (11) commercially export clam (Tridacnae gigas (Otkang)); T. squamosa (Ribkungel); T. derasa (Kism); T. maxima (Melibes); T. crocea (Oruer); and Hippopus hippopus (Duadeb) meat, or part thereof except cultured species; (12) fish with a gill net or surround net having a mesh size of less than three (3) inches measured diagonally; (13) fish, after one year after the effective date of this Act, with a kesokes net with no bag portion or with the bag portion having a mesh size of less than three (3) inches measured diagonally; (14) retain possession of, or abandon, a kesokes net having a mesh size of less than three ( 3) inches measured diagonally or with a bag portion having a mesh size less than three (3) inches measured diagonally. This subsection will come into effect two years after the effective date of this Act; (15) until such time as the regulations promulgated pursuant to Section 5 are in effect, take aquarium fish; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 F.PPL NO. 4 - l B (Intro. as HB No. 4-60-4 HD3 SDl, CDl) Section 5. Permits and aquarium fish. (a) The taking of fish for the following purposes is allowed only with a valid and current permit from the Minister or his designee: { 1) ( 2) for local aquarium use; and for scientific research, maricultural research, or medical research. (b) The Minister shall, within 90 days of the effective date of this Act and in accordance with Title 6 of the Palau National Code, promulgate regulations regarding the taking and export of fish for aquarium purposes. Section 6. Regulations. The Minister may promulgate such regulations as he deems necessary to protect the species identified in Section 4 above from overharvesting, or to otherwise carry out the purposes of this Act. Section 7. Labeling. Within six (6) months of the enactment of this Act, the Minister shall promulgate regulations instituting a labeling and reporting system by which all exporters of fish report the number of fish by species exported. Section 8. Enforcement. (1) Any person violating this Act shall be prosecuted by the Attorney General of the Republic of Palau to the full extent possible under law. The Attorney General shall take appropriate action to stop any violation of this Act, including court action seeking to enjoin violations. ( 2) The provisions of this Act and any regulations or permits issued pursuant thereto shall be enforced by the Minister or his designee. The Minister or his designee may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other agency of the National government or of any state government for purposes of enforcing this Act. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2S 29 30 31 Ii I I I I I \l \\ 1: 1· 11 I! ll I I I I I i I ! \I i I '/ 11 'ii ,1 l) ,, i II ,1 II il II ii :I !I \1 I' fi ,: '.\ Rl?PL NO. 4 - J..8 (Intro. as HB No. 4-60-4 HD3 SDl, CDl) (a) The judges of the courts of the Republic may, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and any regulations issued thereunder. (b) Any person authorized by the Minister or his designee to enforce this Act may detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation and expoi:ta tion. Such person may make arrests without a warrant for any violation of this Act if he has reasonable grounds to believe that the person to be arrested is committing the violation in his presence or view, and may execute and serve any arrest warrant, search warrant, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction for enforcement of this Act. Such person may search or seize, with or without a warrant, as authorized by law. Any marine resources protected by this Act shall be held by any person authorized by the Minister or his designee pending civil or criminal proceedings, or the institution of any action for forfeiture of such marine resources; except that the Minister or his designee may, in lieu of holding such marine resources related thereto, property, or i tern, permit the owner or consignee to post a bond or other surety satisfactory to the Minister or his designee, but upon forfeiture of any such property to the Republic, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) by the Minister or his designee in such a manner, consistent with the purposes of this Act, as the Minister or his designee shall prescribe by regulation. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Jl l I I I I i, 11 \I ,, I! !i 'l /! RPPL N0, 4 - i s (Intro. as HB No. 4-60-4, HDJ, S01, CDl) (c) All marine resources protected by this Act taken, possessed, sold, purchased, offered for sale or purchase, transported, delivered, received, carried, shipped, exported, or imported contrary to the provisions of this l'.ct, any regulation made pursuant thereto, or any permits issued hereunder shall be subject to forfeiture to the Republic. All traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid the taking, possessing, selling, purchasing, offering for sale or purchase, transporting, delivering, receiving, carrying, shipping, exporting, or importing of any such marine resources related thereto in violation of this Act, any regulation made pursuant thereto, or any permit issued thereunder shall be subject to forfeiture to the Republic upon conviction of a criminal violation pursuant to Section 9 (1) of this Act. (d) All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the export laws and admiralty and maritime laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act; except that all powers, rights, and duties conferred or imposed by the customs and admiralty and maritime laws upon any officer or employee of the Ministry shall, for the purposes of this Act, be exercised or performed by the Minister or by such persons as he may designate. (e) The Attorney General of the Republic may seek to 7 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RPPL N0. ~4~-~l~S~ (Intro. as HB No. 4-60-4, HOJ, SOl. COl) enjoin any person who is alleged to be in violation of any provision of this Act or regulation issued under authority thereof. ( 3) The Minister is authorized to promulgate such regulations pursuant to the Administrative Procedure Act as may be appropriate to enforce this Act, and charge reasonable fees for expenses to the National Government connected with permits authorized by this Act including processing applications and inspections, and with the transfer, handling, or storage of marine life protected by this Act and evidentiary items seized and forfeited under this Act. All such fees collected pursuant to this subsection shall be deposited in the National Treasury to the credit of the appropriation which is current and chargeable for the cost of furnishing these services. Appropriated funds may be expended pending reimbursement from the parties in interest. Section 9. Penalties. ( 1) Anyone who violates subsections 1-5, 7-10, or 12-15 of Section 4 herein shall, upon conviction, be penalized as follows: upon the first conviction, be fined not less than two hundred fifty dollars ($250.00); upon the second conviction, be fined not less than five hundred dollars ($500.00) and sentenced to serve up ii :\ to thirty (30 days in jail); upon the third conviction, be fined '.j !i '1 'I !1 ~\ not less than one thousand dollars ($1,000.00) and sentenced to serve up to six (6) months in jail; any conviction after a third conviction, be fined five thousand dollars ($5,000.00) and 27 'i sentenced to serve up to one year in jail. 28 29 JO 31 :I 'I i ( 2) Civil penalties are separate from criminal punishment and may be filed independent of or in addition to such criminal charges and sentences. Section 10. Repealer. RPPL No. 1-9 and RPPL No. J-61 are 8 1 2 3 4 5 6 7 B 9 ,I ii ii I '1' ii \\ II I I I I I ! !1 i\ hereby repealed. Section 11. RPPL N0. 4 - 1 8 (Intro. as HB No. 4-60-4, HD3, SDl, CDl) Severability. If any provision of this Act shall be held invalid, such invalidity shall not affect the other provisions of the Act which can be given effect without such invalid provision, and to this extent, the provisions of this Act are severable. Section 12. Effective date. This Act shall take effect upon its approval by the President, or upon its becoming law without such approval, except as otherwise provided by law. PASSED: April 29, 1994 Approved this /J'!!/ day of ,7lr44;? i4::tt/1 c:---// ~ ~o~u:rn \ President, Republic of Palau \ 9 , 1994.