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Amendment to Marine Protection Act, RPPL 7-18 2006

SEVENTH OLBIIL ERA. KELULAU
Sixth Special Session, April 2005 RPPL No. 7-18___
(HB No. 7-49-6S, HD2, SD4, CD2)

AN ACT

To amend 27 PNC 1203, 1204, 1205, and 1206 to clarify that the prohibitions of the Marine Protection Act apply to activities that take place anywhere within the Republic of Palau and to make possession and receipt violations of the Act; to amend 27 PNC 1209 to provide for maximum criminal penalties for violations of the Act; to amend 27 PNC 1210 to provide for civil penalties for all persons who participate in violations of the Act in any way; and for other purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Amendment. 27 PNC Chapter 12 is amended to read as follows:

“ . . . .

§ 1203. Definition. The following definitions . . . .

. . . .

(c) “Export means (1) an actual or attempted shipment, transport, or transfer offish out of the Republic of Palau; or (2) a transfer of fish to any person within the Republic of Palau with the knowledge, intent or belief that the fish will be Shipped, transported or transferred out of the Republic of Palau; when used in this Act, "export" means to ship, transport, transfer, Send, take, remove or carry a fish from the Republic to any other place in the world;

(d) “To fish” means . . . .

(e) “Fish”, as a noun, means . . . .

(f) “Fishery zones” means . . . .

(g) “Marine resources” means . . . .

(h) “Minister” means . . . .

(i) “Person” means . . . .

(j) “Take” means . . . .

(k) “Territorial sea” means . . . .

§ 1204. Prohibited acts.

Within the Republic of Palau, including the internal waters, territorial sea, and exclusive economic zone as defined in this chapter, all other waters over which the Republic has jurisdiction in accordance with international laws, and all land over which the Republic has jurisdiction, it shall be unlawful for any person to:

(a) fish for, sell, receive, export, cause to be exported, possess or buy any of the following species, regardless of where such species may have originated, provided however that cultured species of the Marine Resources fisted in this subsection shall be exempt from the prohibition of this subsection, of groupers (temekai, tiau) from April 1 to July 31, inclusive:

(1) . . . .

(2). . . .

(3) . . . .

(4) . . . .

(5) . . . .

(b) fish for, sell, buy, receive, possess, export or cause to be exported any of the following species, regardless of where such species may have originated:

(1) . . . .

(2) . . . .

(c) export, cause to be exported, fish for, sell, buy, receive or possess the following species, regardless of where such species may have originated:

(1) . . . .

(2) . . . .

(d) fish for, sell, receive, export, cause to be exported, possess or buy rabbitfish (meyas, siganus canaliculatus), regardless of where such species may have originated, from February 1 to March 31, inclusive.

(e) fish for, sell, receive, possess, export, cause to be exported or buy the following species of rock lobsters (cheraprukl): raiklius, bleached, or melech smaller than three and one-half (3 ½) inches in total length of the carapace, as measured from tip of the rostrum to the end of the carapace, or a berried female of any size whatsoever, regardless of where such species may have originated; . . . .

(f) except as authorized . . . .

(g) export black teatfish . . . . regardless of where such species may have originated; provided, however, that cultured species of the marine resources listed in this subsection shall be exempt from the prohibition of this subsection;

(h) export sea cucumbers . . . . , regardless of where such species may have originated; provided, however, that cultured species of the marine resources listed in this subsection shall be exempt from the prohibition of this subsection;

(i) fish for, sell, buy, receive, possess, export or cause to be exported any coconut crab . . . . whatsoever, regardless of where such species may have originated;

(j) fish for, sell, buy receive, possess, export or cause to be exported any mangrove crab . . . . whatsoever, regardless of where such species may have originated;

(k) export clam . . . . , regardless of where such species may have originated; provided, however, that cultured species of the Marine Resources listed in this subsection shall be exempt from the prohibition of this subsection;

(l) . . . .

(m) . . . .

(n) . . . .

(o) . . . .

(p) . . . .

§ 1205. Permits and Aquarium Fish.

(a) . . . .

(3) for the taking and holding of limited brood stocks for approved marine or aquaculture projects;

(4) for the holding, selling, buying, or export of any cultured species listed in Section 1204 during closed season, for approved marine or aquaculture projects.

§ 1206. Regulations.

(a) The Minister may promulgate such regulations as he deems necessary to protect the species identified in section 1204 above from overharvesting or to otherwise carry out the purpose of this chapter.

(b) Within 180 days from the effective date of this amendment, the Minister shall review the status of species regulated under section 1204 above and recommend needed changes to the Olbiil Era Kelulau as to subsistence, importation, exportation, and aquaculture.

(c) Until such regulations take effect, the importation of species listed in section 1204 into the Republic is allowed if the importer can provide, to the Quarantine Office, within the Ministry of Resources and Development, documentation certifying the origin of the species and follows all rules and regulations established by the Quarantine Office.

. . . .

§ 1209. Criminal Penalties.

(a) anyone who violates subsections (a)-(e), (g)-(j), or (l)-(o) of Section 1204 herein shall, upon conviction, be penalized as follows: . . . . and sentenced to serve up to one year in jail. In assessing fines under this subsection, the court shall take into account any and all prior violations of subsections (a)-(e), (g)-(j), or (l)-(o), whether such violation resulted in convictions or not.

(b) Anyone who violates subsection (f) of Section 1204 shall, upon conviction, be fined not less than five hundred dollars ($500.00) or imprisoned for not more than one (1) year, or both.

(c) Anyone who violates subsection (k) of Section 1204 shall, upon conviction, be fined not less than three hundred dollars ($300.00) 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 1204 shall, upon conviction, be fined not less than four hundred dollars ($400.00) or imprisoned for a period of not less than six (6) months and not more than two (2) years, or both, for each violation.

§ 1210. Civil Penalties.

(a) . . . .

(b) Any person who is found by the Supreme Court in a civil proceeding to have committed an act prohibited by this Chapter, shall be liable to the affected state and national government jointly for a civil penalty which shall not exceed two hundred thousand dollars ($200,000.00) for each violation.

(c) Any person who is found by the Supreme Court in a civil proceeding (i) to have abetted, aided, compensated, controlled, directed, employed, facilitated, funded, managed, operated, paid, sought to gain from, supervised, supported, or otherwise engaged in complicitous [sic] activities with another person found liable for violation of this Chapter and (ii) to have done so in connection with such violation shall be liable to the affected state and national government jointly for a civil penalty which shall not exceed two hundred thousand dollars ($200,000.00) for each violation.

(d) In determining the amount . . . .

(e) The Attorney General . . . .

(f) Any person who violates . . . .

. . . .”

Section 2. Amendment. 11 PNC 1042(c) as amended by RPPL 5-9, Section 1(b) and RPPL 7-13, Section 29, is hereby amended as follows:

“(c) No establishments with a cabaret license may operate within 100 meters of any elementary school, church, or area where such business activities are prohibited by state or national law, except establishments with a cabaret license, including karaoke bars and restaurants, that were in operation prior to January 1, 2006, and had a valid liquor license,

may continue to operate within 100 meters of any elementary school or church after 6:00 p.m. in accordance with law.”

Section 3. Effective Date. This Act shall take effect upon its approval by the President of the Republic or upon its becoming law without such approval, or as otherwise provided by law.

PASSED: April 25, 2006

Approved on this 3rd day of May 2006.

/s/
Tommy E. Remengesau, Jr.
President
Republic of Palau