Bill 190.

Second debate (plenary)
  • TypeBill
  • 190
  • FiledOctober 16, 2024

Summary.

The bill proposes to preserve breaks suitable for surfing and protect them within a one-kilometer radius extending from where each break begins to where it ends. It defines breaks, surfing, geospatial technology, the National Registry of Wave Breaks (Registro Nacional de Rompientes), its web portal, wave sanctuaries, and adjacent marine conservation areas. It declares breaks along Panama’s coasts to be state property, recognizes their natural, cultural, and economic value, and treats interventions affecting them as serious violations of the country’s natural heritage. It classifies breaks by seabed type as sand, rock, or coral breaks.

The Ministry of Environment (Ministerio de Ambiente), through its Directorate of Coasts and Seas (Dirección de Costas y Mares), together with municipalities, would implement the protective provisions and preserve the natural conditions that form waves. The Panamanian Sports Institute (Instituto Panameño de Deporte), working with the Panamanian Surf Association (Asociación Panameña de Surf), would assess suitable breaks and prepare technical reports and location plans for the coasts from Punta Burica to Cocalíta and from Sixaola to Cabo Tiburón. The Directorate would enter assessed breaks in the National Registry of Wave Breaks; regulations would set the technical registration requirements. Registration would immediately trigger strict environmental protection measures.

The registry would contain geographical, environmental, and social characteristics. Its protocol would cover geospatial identification and mapping, studies of underwater topography and biodiversity, classification of sporting suitability, registration, continuous monitoring, and publication of data. A committee would include representatives of the Ministry of Environment, the Panama Tourism Authority (Autoridad de Turismo de Panamá), the Panamanian Sports Institute, the Panamanian Surf Association, and the National Tourism Chamber of Panama (Cámara Nacional de Turismo de Panamá); regulations would define its functions. The portal would allow users to consult maps and technical data, update information, submit public reports and suggestions, generate statistics, and protect information and user privacy.

The state could designate wave sanctuaries under criteria established by regulation. The Ministry of Environment would set restrictions on activities that alter the seabed and ecological conditions, along with conservation and education programs. Sanctuary management would also involve the Panama Tourism Authority, the Aquatic Resources Authority of Panama (Autoridad de los Recursos Acuáticos de Panamá), and municipalities. Competent authorities would impose penalties and mitigation and restoration measures for violations; regulations would set monetary penalties. The bill also provides for complaint mechanisms, periodic audits, training, and environmental awareness campaigns. The Ministry of Environment would issue regulations within three (3) months of promulgation, when the law would take effect.

The proposal concerns the environmental, sports, tourism, aquatic resources, and municipal authorities it names, as well as coastal communities, water sports participants, and tourism activities in the areas it covers.

What it proposes.

  • Preservation of breaks suitable for surfing and other water sports.
  • Registration, monitoring, and disclosure of information on breaks.
  • Designation and management of wave sanctuaries.
  • Restrictions, complaints, and penalties related to coastal protection.

Who it would affect.

  • Public bodies and municipalities responsible for assessment, registration, protection, and enforcement.
  • People and organizations carrying out activities at breaks and in surrounding areas.
  • Sanctuary managers and coastal communities.

Key points.

  1. Proposes to protect surfable breaks within a one-kilometer radius from where they begin to where they end.Art. 1
  2. Declares coastal breaks state property and classifies them by seabed type as sand, rock, or coral breaks.Arts. 3-4
  3. Assigns protection to the Ministry of Environment and municipalities and provides for technical assessments and registration of suitable breaks.Arts. 5-7
  4. Establishes a protocol for mapping, assessment, classification, monitoring, and publication of information, together with a committee and web portal.Arts. 8-10
  5. Allows the designation of wave sanctuaries subject to restrictions and conservation programs, managed by environmental, tourism, aquatic resources, and municipal authorities.Arts. 11-12
  6. Provides for penalties, mitigation and restoration measures, complaint mechanisms, and periodic audits.Arts. 13-14
  7. Provides for training and environmental education, regulations within three (3) months, and entry into force upon promulgation.Arts. 15-17