Like many Pacific Islands, the Republic of Palau represents a paradise full of a wide diversity of fish and other marine life. A great deal of its economic activity revolves around the tourism sector, particularly in the diving and sailing areas.  Palau’s dive sites consistently rank among the most favored internationally and Palau policy-makers are keen to keep the attractions intact for future generations.

In that vein, Palau has undertaken a number of measures to assert itself as one of the leaders in marine and environmental conservation and protection.  Among these activities include:

• The creation of a National Shark Sanctuary on September 25, 2009.  Billed as the first sanctuary of its kind in the world, the declaration also called for an international ban on shark-finning.  The Sanctuary effectively applies to the entire Exclusive Economic Zone (EEZ) within Palau’s territorial waters.  Covering about 230,000 square miles, the area included in the sanctuary is roughly the size of France.
• The defeat of Senate Bill 8-44 which sought to reopen the practice of commercial shark fishing, primarily for the purpose of obtaining the highly valued shark fins which are considered delicacies in many of the parts of South East Asia.
• Passage by the Senate (pending final approval by both houses and signature by the President) of legislation which would prohibit the feeding of sharks within Palau’s territorial waters. In the past, some tour operators in various parts of the world have engaged in the practice of “chumming” or dispersing bloody fish meal to attract sharks as a tourist feature.  Partly in an effort to avoid the danger of having sharks associate the presence of humankind with food and also to protect shark species from harm from too close of encounters with humans, Palau legislators are taking action to prevent this practice.

Palau is also reconsidering its stance on whaling.  Taking a position often seen as contrary to its other environmental efforts, Palau has in the past supported the “research whaling” efforts of Japan and Norway. ⁽¹⁾   In a recent interview reported by the Palau Horizon newspaper, President Johnson Toribiong expressed an intent to revisit the long-standing concurrence by Palau as to Japan’s position on the whaling issue.  Japan represents one of Palau’s biggest economic supporters and many observers believe that the support given heretofore was more based on economic diplomacy than on environmental concerns.  However, in light of the other actions taken recently with regard to protection of endangered species, including sharks, the current administration wants to review the whaling policy.

This article has been prepared for the general information of clients and contacts of PLN Lawyers Sydney and the affiliated firms of the Pacific Legal Network. While it deals with and comments on the law in specific areas it is not intended nor should it be used, as a substitute for specific legal advice as legal counsel may only be given in response to inquiries regarding particular situations.

PLN News February 2010