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Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-
| STATE | TERRITORIAL SEA | FISHING ZONE | ECONOMIC ZONE |
| *Palau | 3 mi (1978) | 200 mi (1978)9 | - |
Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-
| STATE | Licence fees, royalties and others local currency | Requirements concerning bilateral framework agreements or joint venture participation | Nationality criteria for fishing vessels |
| - Palau |
LEGISLATION Fees and other forms of compensation for the right to exploit living resources within the territorial sea of fishery zones or Palau District shall be established in the [foreign fishing] agreement. (Public Law No. 6-7-14, sect. 14(7). modified) AGREEMENTS Agreement with Japan, 1991-1992 for tuna fishing -For preliminary operation period (16 September 1991 to 31 January 1992), fee to be paid by lump sum system = Y. 26 mn (Y. 70 mn annually x 4.5/12). -For period from 1 February to 31 July 1992, fee to be paid by per vessel system, amount either equivalent to 3% of catch value (CIF) for whole year permit, or equivalent to 4% of catch value (CIF) for one voyage permit. Fishermen may choose either one. (Source: Kasuo-Maguro, 25 September 1991) Agreement with Sino-Palau Fishing Co., Ltd., or 27 July 1982, valid for 1 year, automatically renewed for further 1 year periods unless notice given of intent to terminate -Lump sum = US$ 14 800 for 1 longline vessel under 200 GRT + 2 longline vessels under 100 GRT + 8 small seine fishing vessels under 50 GRT. Treaty on Fisheries between Governments of certain Pacific Island States and U.S.A., renewed on 15 June 1993 for 10 year extension, to be reviewed after 5 years. Note: See entry under Australia for global amout of fees and share formula between the Pacific Islands parties. |
LEGISLATION Foreign fishing permits will only be issued in accordance with an approved foreign fishing agreement. (Not applicable for research, recreational, or other noncommercial fishing) (Public Law No. 6-7-14. sect. 14) |
LEGISLATION Foreign fishing is defined as fishing by any vessel not duly registered in the Republic. Foreign fishing vessels may not operate in the exclusive or extended zone without a permit. (Palau National Code. title 27. paragr. 102(2)) |
Table C: -Coastal State requirements for foreign fishing-
| STATE | Foreign
fishing vessel licence conditions (other than reporting requirements) including observers, bonds, etc. |
Logbook, and reporting requirements foreign fishing |
| PALAU | LEGISLATION In negotiating foreign fishing agreements, the Authority shall seek substantial agreement that the foreign party and owners and operators of vessels under the agreement will: - abide by all regulations issued; - permit authorized officers to board, search, inspect any vessel at any time, and to make arrests and seizures where reasonable cause exists to believe that an offence has been committed; - permit authorized officers to examine and to make notations on permit; - prominently display permit in wheelhouse; - cause appropriate position-fixing and identification equipment to be installed and maintained; - permit observers on board vessels and reimburse Government for costs incurred thereby; - appoint and maintain agents authorized to receive and respond to legal process; - not exceed such party's allocation of TAC in any year. (Public Law No. 6-7-14) AGREEMENTS Agreement with Fisheries Associations of Japan, 1983 -Associations to ensure that their members do not fish without permit and that they comply with fisheries laws, and to use best efforts to ensure that any judgments for violations entered by courts are satisfied. -Permitted fishing methods for living resources: tuna long-line, skipjack pole and line or purse seine. -Permit to be prominently displayed in wheelhouse. -Permits non-transferable. -12 mile exclusive fishing zone, except where state approval has been obtained. -Number of vessels limited to 290; no catch limits. -Vessel to display radio call sign, painted in conspicuous location on side of vessel in contrasting colours, with letters at least I meter high and 40 cm. wide. -Authorized officers must be permitted to board, inspect, and to make arrests and seizures where reasonable grounds exist. -Observers must be allowed to board, and are to be assisted in performance of duties; acceptable procedures to be agreed upon. -Observers may not interfere in lawful operation of vessel. -Observers are to be given access to facilities and equipment. -Agent or agents, authorized to receive and to respond to any legal process regarding vessels owned by members of Organization, are to be maintained in Palau. -Associations are to use their best efforts to ensure that vessels have appropriate and adequate insurance. Agreement with Sino-Palau Fishing Co. Ltd., 1982 -Fishing for tuna, shark, and other fish taken by longline and seine methods. -No fishing within 50 miles of Malakal Harbour. -Fishing by small seiners and/or net trawlers in territorial sea and exclusive fishery zone is prohibited. -Capture and retention of reef and lagoon fish prohibited. -Vessels to board observers and to provide food/accommodations. -Vessels to allow authorized officers to board and inspect. -Company vessels must have adequate insurance to compensate local parties for damage, including damage to fishing gear. -Permit to be prominently displayed in wheelhouse. -Permit non-transferable. -Company to satisfy legal judgments. -Company to designate a local agent, authorized to receive service of process and to serve other legal purposes. Note: In accordance with the August 1982 decision of the South Pacific Forum, as from 1 September 1983 no member of the Forum Fisheries Agency will licence a foreign vessel to fish for tuna in its fishing zone unless said vessel is listed in good standing on the regional register maintained by the Forum Fisheries Agency. (Source: AFZ Information Bulletin Canberra, May-July 1983) Pacific Island States/United States Treaty on Fisheries, signed April 1987 -The operator and crew of vessel shall allow and assist an observer designated by the Pacific Island parties. (Annex 1, part 6) -Application form contains: full name, radio call sign, regional registration number of vessel, full names and addressees of each person who is an operator, full name and address of insurer, whether owner or charterer is insolvent, whether operator or vessel has been involved in a treaty violation. (Schedule 1) -Closed areas: within 12 nautical miles of all island baselines in the Palau Islands; within a 50 nautical mile arc measured from the entrance to Malakal Harbour (7 degrees 16'44"N, 134 degrees 28'19"E) and extending from where the arc intersects the territorial sea limit to the northeast of Babelthuap Island to the 134 degree East meridian of longitude, southwest of Anguar Island, then due north along the 134 degree East meridian of longitude to the intersection with the territorial sea limit. (Schedule 2) (Source: ILM, July 1987) |
AGREEMENTS Agreement with Fisheries Associations of Japan, 1983 -Each vessel to maintain up-to-date fishing, listing, inter alia, date, position, time and catch. -Vessels to complete catch reports in prescribed (annexed) form. -Associations to ensure that catch reports are dispatched to Authority within 45 days of end of trip. -Association to send summaries from selected markets, via air mail and in a timely fashion, of weight and value of species landed. Agreement with Sino-Palau Fishing Co. Ltd., 1982 -Company to complete and to file catch reports in prescribed (annexed) form; reports are to be submitted to Authority within 15 days of end of each calendar month. -Catch reports to contain record of each day's fishing activities. Pacific Island States/United States Treaty on Fisheries, signed April 1987 -Licensing area reports: Port departure and entry into port for unloading: - report type (LBEG) for port departure to begin fishing and LFIN for port entry for unloading; - date; - call sign; - port name; - catch on board by species (in short tons) Weekly reports: - report type (WEEK); - date; - call sign; - position (to one minute of arc); - catch on board by species. (Schedule 4, part 1) Reports to national authorities: - zone entry and exit: - report type (ZENT for entry and ZEXT for exit); - date; - call sign; - position (to one minute of arc); - catch on board by species. Port entry reports: - report type (PENT); - date; - call sign; - estimated time of entry into port (GMT) - port name. (Schedule 4, parts 1 and 2) (Source: ILM, July 1987) |
Table D: -Compliance control and reporting conditions-
- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .
COMPLIANCE CONTROL AND OTHER CONDITIONS
A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew
REPORTING REQUIREMENTS
P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels
| COASTAL COUNTRIES | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |
| PALAU* | X | X | X | X | X | X | X | X | X | X | XW | XD | X | X | X45 |
Table E: -Penalties for unauthorized foreign fishing-
| STATE | FINES | IMPRISONMENT | FORFEITURE |
| PALAU | -Criminal penalty: up to US$
50 000 -Civil penalty: up to US$ 75 000 per violation |
NO | Vessel, gear and catch: Court may order. |