Bill 274.

Summary.

The bill amends the purpose and scope of Law 9 of March 16, 2006 to direct the management of sharks and rays toward population recovery, marine ecosystem integrity and preservation of these species’ ecological functions. It provides for binding participation by the National Commission for Responsible Fishing (Comisión Nacional de Pesca Responsable) and/or the National Commission for the Conservation and Management of Sharks and Rays (Comisión Nacional para la Conservación y Ordenamiento de los Tiburones y Rayas). It would apply to commercial and noncommercial Panamanian flag vessels and to foreign vessels in waters under Panamanian jurisdiction. It also covers activities by Panamanian vessels beyond national jurisdiction. It excludes the waters of the Panama Canal under Title XIV of the Political Constitution of the Republic (Constitución Política de la República) and sets principles for interpreting the law. The bill also revises definitions covering shark finning, incidental catch, marine conservation, fishing effort, shark and ray fishing, and maritime zones.

For incidental catches, the bill requires immediate release when the animal’s survival can be ensured. If live release is not viable, the specimen must be kept whole on board so authorities can verify catch limits and compliance with the finning ban; handling would follow technical protocols established by regulation. The bill prohibits targeted shark and ray fishing and permits retention of incidental catch up to ten percent (10 %) of the total gross weight of the landing at port, calculated under protocols issued by the Aquatic Resources Authority of Panama (Autoridad de los Recursos Acuáticos de Panamá). Retained specimens and their derivatives could be used only for consumption by the crew on board. It prohibits finning; possession, transport and landing of fins detached from the body; and the use of marine mammals or turtles as bait. It creates a documentary exception for vessels continuously transiting the Panama Canal.

The bill repeals article 5 of that law. It prohibits imports of shark or ray meat and their derivatives, as well as fins and products resulting from finning, subject to the Republic of Panama’s international commitments. It requires Panamanian fishing vessels to adopt measures to reduce incidental catch and allows vessel owners, operators and crews to request technical assistance. It authorizes the Aquatic Resources Authority of Panama, in coordination with the National Aeronaval Service (Servicio Nacional Aeronaval), to inspect vessels and verify landings. Within protected areas, inspection, oversight and enforcement would fall to the Ministry of Environment (Ministerio de Ambiente), which could coordinate landing checks with the Maritime Authority of Panama (Autoridad Marítima de Panamá).

The Aquatic Resources Authority of Panama would implement the National Action Plan for the Conservation and Sustainable Management of Sharks and Rays in the Republic of Panama with other institutions and sectors, subject to a comprehensive review every four (4) years. Together with the Ministry of Environment, it would also establish permanent education and technical support programs. It would collect data on catches, fishing effort, landings and violations, integrate them into the system established under Law 204 of March 18, 2021, and publish violations in the relevant national register.

Sanctions would be determined using technical criteria and Law 204 of March 18, 2021; the Ministry of Environment would impose sanctions for violations in protected areas. The bill prohibits processing, marketing, transporting and exporting shark or ray meat, fins and the specified derivatives. It provides for aggravated sanctions and allocates fines to marine conservation and support for fishers, with publication of how the funds are used under Law 6 of January 22, 2002. The Executive Branch would issue implementing regulations, and the law would take effect upon promulgation. The bill would concern the named fisheries, environmental and maritime authorities, as well as fishers, vessel owners, operators, crews, coastal communities, and businesses involved in trade and transport of fishery products.