Ngirabrenges Omelau, through his counsel Garth Backe, is seeking the return of his seized property in the lawsuit that names the Division of Fish and Wildlife Protection and its chief, Kammen Chin, as the defendants.
Omelau said his nets, floaters, sinkers and net bag were seized by the agency on Sept. 10, 2004.According to Omelau, if return is not possible, he should be compensated for the “unconstitutional deprivation of his property in an amount deemed reasonable by the court.”Omelau also wants to be awarded reasonable damages for injuries he suffered as a result of the defendants’ “intentional tort of conversion.”Omelau filed three causes of actions: return of property, deprivation of property without due process of law, and request for just compensation and conversion.His complaint stated that in 2001, he traveled to the Philippines and purchased two giant rolls of mesh netting material to be used as nets.He said he ensured that the netting material complied with Palauan law which requires nets to have a mesh size of not less than three inches.Omelau added that he spent $10,000 for the trip to the Philippines; $4,500 to purchase 20 bars of lead which were melted to form sinkers for the nets; and $2,000 as payment to a local fisherman to have the net material cut to form 28 nets and one net bag with sinkers and floaters attached to the nets.For three years, Omelau said he used the nets, sinkers and floaters for fishing activities in Palau.On Sept. 10, 2004, however, conservation officers from Division of Fish and Wildlife confiscated his 28 fish nets, all attached sinkers and floaters and the bag, claiming that the nets did not comply with the mesh size rule.According to Omelau’s complaint, no criminal or civil charges have been filed in connection with the confiscated property or personally against him.He said he later learned that Chin gave his confiscated nets and sinkers to fishermen in Ngaremlengui and Ngiwal and that they are now using the nets in their fishing activities.Omelau said he has never been afforded a hearing or other process to determine the legality or illegality of his nets.
