This Act amends title 27 PNC principally to establish the Palau National Marine Sanctuary whereby 80 percent of Palau's exclusive economic zone will be in the future a no-take area and is to be protected from all exploitation. Domestic fishing will be limited to 20 percent of Palau's exclusive economic zone and the commercial export of fish from Palau, with a limited exception for free school purse seining in the Domestic Fishing Zone, will be prohibited. A new Environmental Impact Fee is introduced to replace the current exit tax and to compensate for loss of income from (foreign) fishing activities. The Act also assigns new duties to the Ministry of Natural Resources, Environment, and Tourism in respect of the Palau National Marine Sanctuary, Domestic Fishing Zone and foreign fishing agreements, and aims at improved monitoring of the passage of foreign fishing vessels in accordance with the United Nations Convention on the Law of the Sea and recent treaties and agreements signed by Palau as part of region-wide enforcement efforts (including the FAO Port State Measures Agreement). The Palau National Marine Sanctuary shall comprise all of Palau's waters with the exception of the Domestic Fishing Zone and the territorial sea.
The Act, among other things: defines "unlicensed fishing vessels"; redefines when passage of foreign ships in Palau's waters is prohibited; requires unlicensed fishing vessels conducting innocent passage through Palau's territorial waters to have fishing gear and equipment stowed and not readily accessible for use; provides for inspection of (fishing) vessels; provides with respect to enforcement; gradually prohibits all fishing activities in the Palau National Marine Sanctuary and provides for a gradual prohibition of the commercial export of fish. The Bureau of Oceanic Fishery Management shall annually allocate among foreign nations of allowable sustainable limits of fishing during the transition period. The Ministry shall, among other things coordinate with the Ministry of Justice for the enforcement of all laws, rules and regulations in relation to domestic fishing, transit by foreign and domestic vessels through Palau's waters and illegal or unreported or unregulated fishing or illegal activities within the Palau National Marine Sanctuary or Domestic Fishing Zone.
The Act also prohibits fishing (defined in 27 PNC 102(i)) for sharks and shark finning in Palau's waters. If any shark is inadvertently caught or captured, it shall be immediately released, whether dead or alive; if the shark is caught or captured alive, it shall be released in the manner that affords it the greatest opportunity for survival.