Bill 571.

Summary.

The bill amends Article 12 of Law 304 of May 31, 2022, on the protection of marine ecosystems. The proposed wording devotes that article to seagrass beds and their associated ecosystems. It makes the Ministry of Environment (Ministerio de Ambiente) responsible for regulating construction, alterations, and any other activity carried out in both the waters and the substrate of those ecosystems. The purpose stated for that regulation is to ensure their conservation, sustainability, and ecological functioning. The article also prohibits all activities that could cause irreversible harm to their ecological health. The proposed treatment of seagrass beds therefore combines regulatory responsibility for activities with a prohibition tied to irreversible harm.

The bill adds Article 12 A to the same law to address coral reefs. In these ecosystems, it prohibits construction, alterations, and any kind of activity involving direct damage, whether in the waters or on the substrate. It also prohibits all activities that could cause irreversible harm to their ecological health. The provision thus addresses direct damage to reefs as well as activities capable of causing irreversible harm. Unlike the proposed wording for seagrass beds, the coral reef article directly prohibits activities involving direct damage. Both provisions extend to the waters and substrate of the ecosystems they cover, and both protect against irreversible harm. The two articles state the rules for each type of ecosystem separately within the existing marine ecosystem protection law.

Article 3 identifies the amendments together: the change to Article 12 and the addition of Article 12 A to Law 304 of May 31, 2022. Article 4 provides that the proposed law would take effect on the day following its promulgation. The operative provisions consist of those two substantive rules, the statement identifying the amended law, and the effective date. The proposed legal change places seagrass beds and associated ecosystems in one article and coral reefs in another under Law 304 of May 31, 2022. The first rule assigns regulation of activities to the Ministry of Environment; the second sets out express prohibitions for activities that directly damage coral reefs.

The statement of reasons places the proposal in the coastal areas of the Republic of Panama and names Bocas del Toro, Colón, Guna Yala, Veraguas, Los Santos, Panamá Oeste, Panamá, Darién, and Chiriquí as regions with coastal ecosystems. It also discusses navigation, vessel anchoring, fishing, tourism, real estate development, and communities whose activities are connected to the sea. Its stated objectives refer to coordination with the Maritime Authority of Panama (Autoridad Marítima de Panamá) and the Aquatic Resources Authority of Panama (Autoridad de los Recursos Acuáticos de Panamá), environmental surveillance, and ecological mooring buoys; the bill's four articles establish the amendments and effective-date rule described above. Given its subject matter, the proposal could concern or affect the Ministry of Environment, those authorities, and the coastal construction, navigation, fishing, tourism, and scientific research sectors.