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Cultivation of Crabs, RPPL 8-44 2012

AN ACT

To amend 27 PNC ' 1204 and ' 1207 to allow for the cultivation of certain species of crab, and for other related purposes.

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

Section 1. Legislative Findings.
The Olbiil Era kelulau finds that marine and aquaculture projects should be encouraged and supported by the Republic. The Olbiil Era Kelulau finds that currently there are marine and aquaculture farms raising coconut crabs (ketat) and mangrove crabs (chemang), however certain provisions of the Marine Protection Act governing these two common crab species currently prohibit the selling, buying, receiving, possessing, and exporting of undersized crabs of such species as prescribed in Section 1204(I) and (j) of Title 27 of the Palau National Code. A coconut crab or mangrove crab aquaculture farm must possess undersized crabs as the aquaculture process necessarily involves raising crabs from eggs for eventual consumer purchase or consumption once the crabs have grown to sufficient size. The Olbiil Era Kelulau finds that the current law hinders individuals, schools, and organizations from cultivating the two specie of crabs for sale. Therefore, the Olbiil Era Kelulau finds it necessary and appropriate to amend the current law to allow for the possession of an undersize crab for marine and aquaculture farms.

In 2011, Palau Community College=s Cooperative Research and Extension Department had a breakthrough in collecting and hatching eggs and rearing young crabs to a mature size. The Olbiil Era Kelulau finds that in order to distinguish the possession of undersized crabs from the wild and those from hatcheries, it is necessary for the Ministry of Natural Resources, Environment and Tourism to certify such hatcheries from which aquaculture farmers may obtain their undersized crabs.

Section 2. Amendment. Section 1204(I) and (j) Title 27 of the Palau National Code is hereby amended to read as follows:

A' 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:

. . .

(h) . . . .

(I) fish for, sell, buy, receive, possess, export, or cause to be exported any coconut crab (Birgus latro), except cultured species thereof, 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, only if such species originated in the Republic of Palau; provided, however, that cultured species of the marine resources listed in this subsection shall be exempt from the prohibition of this subsection:

(1) a person may possess a coconut crab measuring smaller than what is specified in this subsection if the crab is obtained from a hatchery certified by the Ministry, as brood stock in accordance with Section 1205(a)(3) of this Chapter; and

(2) cultured crabs farmed pursuant to this Chapter shall not be for export or sale outside of Palau; such cultured crabs farmed pursuant to this Chapter shall only be for sale to restaurants and markets within Palau.

(j) fish for, sell, buy, receive, possess, export or cause to be exported any mangrove crab (Scylla serrata), except cultured species thereof, smaller than six (6) inches in the greatest distance across the width of its carapace or a berried female mangrove crab of any size whatsoever, only if such species originated in the Republic of Palau provided, however, that cultured species of the marine resources listed in this subsection shall be exempt from the prohibition of this subsection;

(1) a person may possess a mangrove crab measuring smaller than what is specified in this subsection if the crab is obtained from a hatchery certified by the Ministry, as brood stock in accordance with Section 1205(a)(3) of this Chapter; and

(2) cultured crabs farmed pursuant to this Chapter shall not be for export or Sale outside of Palau; such cultured crabs farmed pursuant to this Chapter shall only be for sale to restaurants and markets within Palau.

. . .@

Section 3. Amendment. Section 1207 of Tile 27 of the Palau National Code is hereby amended to read as follows:

A' 1207. Labeling and cultured species regulations.

(a) The Minister of Natural Resources, Environment, and Tourism shall immediately promulgate regulations instituting a labeling and reporting system by which all exporters of fish report the weight of fish by species exported.

(b) The Minister of Natural Resources, Environment, and Tourism shall immediately promulgate regulations instituting a licensing, labeling and cultured species certification system.

Section 4. Effective Date. This Act shall take effect upon its approval by the President, or upon becoming law without such approval, except as otherwise provided by law.

PASSED: May 03, 2012

Approved this 30th day of May , 2012.

/s/
Johnson Toribiong
President
Republic of Palau