Draft bill 445.

Summary.

The draft bill proposes to amend paragraph 11 of Article 17 of Law 1 of February 2, 2015, which declares the Bay of Panama Wetland Ramsar Site Wildlife Refuge a protected area. Article 17, as reproduced in the draft bill, prohibits activities incompatible with the objectives established by that law within the boundaries of the Bay of Panama Wetland. The amendment concerns fishing, one of the activities listed in that article. The text represents the other paragraphs with ellipses and supplies new wording for paragraph 11.

The proposed wording prohibits fishing within those boundaries, with exceptions for artisanal or subsistence fishing and fishing with international responsible fishing certification. The text makes those exceptions subject to authorization by the Ministry of Environment (Ministerio de Ambiente), in coordination with the Aquatic Resources Authority of Panama (Autoridad de los Recursos Acuáticos de Panamá). The provision therefore identifies the forms of fishing that could fall within the exception and the public bodies involved in authorizing them. The amendment forms part of the rules on activities incompatible with the wetland protection objectives established by Law 1 of February 2, 2015.

Article 2 assigns the Executive Branch (Órgano Ejecutivo) responsibility for issuing regulations under the proposed law, in coordination with the Aquatic Resources Authority of Panama. For that task, the article uses wording equivalent to “within a period or greater than one hundred and twenty days,” counted from promulgation. This coordination on regulations is separate from the coordination provided for in paragraph 11 when authorizing the fishing activities excepted from the prohibition. Both provisions expressly refer to the Aquatic Resources Authority of Panama, while addressing different actions involving that authority.

Article 3 provides that the proposed law would enter into force upon its promulgation in the Official Gazette. The express amendment concerns paragraph 11 of Article 17 of Law 1 of February 2, 2015; the remaining articles address regulations and commencement. The territorial scope stated for the fishing prohibition and its exceptions is the area within the boundaries of the Bay of Panama Wetland. The proposed provision thus places the specified fishing exceptions within the same article that addresses activities incompatible with the law’s objectives for that area.

The public bodies connected with the proposal are the Ministry of Environment, the Aquatic Resources Authority of Panama, and the Executive Branch. Given its subject matter in Panama, the draft bill could be relevant to people engaged in artisanal or subsistence fishing, those engaged in fishing with international responsible fishing certification, and sectors involved in management of the Bay of Panama Wetland.