Palau

Other relevant legislation

Palau has gradually adopted a number of statutes dealing directly or indirectly with biodiversity and the use of biological resources. Many of the statutes are outdated and in some cases are completely ineffective. The statutes at best provide only patchwork uncoordinated protection for biodiversity and biological resources with various responsibilities and enforcement authorities given to different agencies.

Statutory provisions somehow related to forest resources and forest management include:

The Endangered Species Act, 1975 (24 PNCA §§ 1001-1012). The Act has no effect until species are listed by the Minister of Resources and Development and since its adoption in 1975, a list of endangered and threatened species has not been defined yet. The act prohibits any person from taking, engaging in commercial activity with, possessing, or exporting any endangered or threatened species of plant or animal. The statute allows certain exceptions for cultured species and for takings for subsistence or traditional purposes where the Minister of Resources and Development determines that the taking does not further endanger the species.

The Conservation of Birds (24 PNCA § 1401). According to this Act, all birds except for four species in Palau are protected. The law lacks to fulfill its scope for several reasons:

  • the agency in charge of law enforcement is understaffed and therefore unable to accomplish effectively.
  • the maximum penalty for violation of this section is only $100 and six months imprisonment, and the commercial sale of birds (especially pigeons) generates incomes much higher than penalties associated with getting caught ($20-25 per bird). Therefore, the fine is seen simply as a part of the business costs associated with hunting.
  • Since the number of species actually hunted is very limited, it may be more appropriate to have the take of this species be regulated rather than a complete ban. Banning the commercial sale of pigeons may do more to conserve and protect the species than a complete ban of the taking of the species.
  • Hunters mainly hunt for pigeons and fruit bat. Since the fruit bat is technically a mammal and not a bird, it cannot be protected under this law.

The Ngerukewid Islands Wildlife Preserve (24 PNCA §§ 3001-3004). Under the statutes establishing the Preserve, the area is to be maintained in a primitive condition, and it is illegal to take or possess weapons, traps, snares, or objects capable of killing or otherwise taking birds, animals, or marine life in the preserve. Possession of birds, animals, marine life or eggs is also prohibited, as is lighting of fires or cutting or removing any plant life. There are no civil enforcement provisions however, and the maximum criminal penalties are a $50 fine and imprisonment of six months combined with forfeiture of gear (including boats).

The Natural Heritage Reserve System (24 PNCA §§ 3201-3207) which to date has not been implemented. Recently the Palau National Congress has passed a legislation that repeals the Natural Heritage Reserve System Statute replacing it with a Protected Areas Network (PAN) Act. Under the PAN legislation states will be able to nominate areas to be designated within a nationwide network of protected areas and subsequently obtain national government assistance in managing the protected areas. States will thus have added incentive to designate areas as protected areas in order to enable them to receive funding from the national government and from pass-through grants that the national government may be eligible for.

  • The Environmental Quality Protection Board Regulations:
  • The Environmental Impact Statement Regulations, Chapter 2401-6
  • The Earth Moving Regulations, Chapter 2401-1
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last updated: Friday, September 23, 2005