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Moratorium on taking of any hawksbill turtle, RPPL 8-23 2010

PALAU

EIGHTH OLBIIL ERA KELULAU
RPPL NO. 8-23
Second Regular Session, April 2009
(Intro. As H.B. No. 8-30-2, HD1, SD4, CD1)

AN ACT

To amend 24 PNC ' 1281 to impose a five year moratorium on the taking of any hawksbill turtle; and to impose greater penalties for the violation of this Act; 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 it is in the interest of the people of the Republic of Palau to amend the existing law to impose a moratorium on the taking of certain species of sea turtles, and to impose greater penalties for the violation of this Act.

Turtles have a rich history in the Republic of Palau, providing central characters for Palauan cultural legends, and acting as attractions for visitors and local residents of Palau. They are undoubtedly a valuable marine resource for the Republic, both for consumptive and non-consumptive use. In addition to being used as food, turtles and turtle shells have historically been used to make money, decorations, jewelry, and medicines. In recent years, citizens have expressed concerns about the lack of good sized turtle shells for monetary value, the reduced presence of turtles as attraction for dive and snorkeling tours, and the upkeep of Palau=s responsibility to the world within the scheme of global conservation. Based on the foregoing, the Olbiil Era Kelulau finds that it is in the interest of the people of the Republic of Palau, and the people of the global community of which the Republic is a part, to implement more stringent legislation concerning the taking and intentional killing of turtles, and to clarify which takings are legal and which are illegal.

Section 2. Amendment. 24 PNCA ' 1281 shall hereby be amended to read as follows: ' 1281. Limitations on taking turtles.

(a) No sea turtle of any species shall be taken or killed except whose shell is at least 34 inches when measured over the top of the carapace shell lengthwise, nor shall the eggs of any sea turtle be taken.

(b) No sea turtle, of any size shall be taken or killed from the first day of May to the thirty-first day of August, inclusive, nor from the first day of December to the thirty-first day of January, inclusive.

(c) No hawksbill turtle shall be taken or intentionally killed, regardless of location or size of the turtle, for five (5) years after the effective date of this Act.

(d) A person violating any of the provisions of this section shall, upon conviction, be imprisoned for a period not exceeding one year, or fined not more than five hundred ($500.00), or both, for each individual specimen of turtle taken or killed.

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

PASSED: December 22, 2010

Approved this 29th day of December , 2010.

/s/
His Excellency Johnson Toribiong
President, Republic of Palau