However, sentencing was postponed on Friday against the captain of a Taiwanese vessel seized in April, 2009 for shark fishing.
Government prosecutors asked for a maximum penalty of $1,000,000 to be suspended except $250,000 and a jail term of two years imprisonment be imposed with 18 months suspended against Fang Chi Rong who was earlier charged with possession of steal leaders , fishing for shark, mutilation of shark and possession of shark , fishing for turtle and possession of turtle.
Rong was due for sentencing on Friday but his lawyer argued the incapability of the captain to pay the fines.
Chief Justice Arthur Ngiraklasong during the sentencing hearing gave parties time to file briefs whether a separate civil suit can be filed against the owners of the fishing vessel or whether the fishing company can be accountable for the fine against the captain.
Ngiraklsong’s concern was whether the captain himself could pay the fine.
The defendant asked the court that a fine of only $5,000 be imposed against him.
The Chief Justice found the amount “laughable.”
In the sentencing memorandum, Assistant Attorney General Ronald Ledgerwood said the maximum penalty for the charges against Rong is $1,550,000 and two years imprisonment.
In the memorandum, the Office of the Attorney General (OAG) said that in the light of the recent declaration of Palau as shark sanctuary, “the republic respectfully requests this court to impose a higher penalty to establish a precedent for fishing violations in Palau.”
In the memorandum the OAG said it did not file a separate civil case against the vessel because the court should recognize that the fishing companies themselves are responsible for the criminal acts of their fishing captains.
Rong was authorized to fish through Kuniyoshi Fishing Company (KFC).
“KFC has a duty to make sure that the foreign fishing vessels licensed under or through its fishing agreement do not fish for sharks in Palau’s Exclusive Economic Zone,” the memorandum stated.
The OAG said mere forfeiture of the vessel as payment for the fines will not benefit the country.
Earlier Palau has declared itself the world’s first shark sanctuary despite the lack of enforcement ability, President has urged international respect for the decision and vowed to imposed the full maximum penalty against offenders.
Palau has only one patrol ship to enforce the sanctuary in the country’s 237,000 square mile EEZ.
Palau came to prominence as a shark campaigner in 2003 with the introduction of anti-shark fishing legislation which carries a $250,000 fine for fishing, mutilation and transport of sharks in Palau waters.
About 130 shark species are found in Palau waters.
