Palau’s Protected Areas Network Act

Full Solution
Snorkeling at Palau's coral reefs
Ian Shive

The solution establishes a nationwide framework that empowers communities to designate and manage marine and terrestrial protected areas in cooperation with partners. It provides standards, criteria, application processes, and technical and financial assistance for management and monitoring of sites.

Last update: 28 Mar 2019
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Context
Challenges addressed
Lack of access to long-term funding
Lack of technical capacity
Lack of public and decision maker’s awareness

The solution addresses loss of power and financial resources for traditional leaders to effectively manage coral reefs and marine resources. It provides a framework to adapt protected area management for local communities’ needs by conserving diverse natural habitats and mitigating climate change impacts, while taking into account enforcement mechanisms and commercial and illegal fishing issues.

Scale of implementation
National
Ecosystems
Lagoon
Mangrove
Coral reef
Theme
Sustainable financing
Protected and conserved areas governance
Tourism
Location
Palau
Oceania
Process
Summary of the process

The solution is only possible with a high awareness of the benefits of protected areas for marine and nearshore resources, national support and the existence of a legal framework that empowers local communities. These factors are also strong links between all four building blocks. The formulation and agreement at all levels of clear and standardized procedures (Building block 1), the provision of capacity building at state and local government, as well as community levels (Building block 3), and the availability of sustainable financing (Building block 4) through a Protected Areas Network Fund are the prerequisites to enable adaptive and participatory locally based management of protected areas (Building block 2). These building blocks cover all stages: planning, implementation and monitoring, which includes enforcement and prosecution. Sustainable financing (Building block 4) also has the complementary affect of creating job opportunities and thus reinforcing the social coherence of local communities participating in the Protected Areas Network (Building block 2).

Building Blocks
Protected Area Network (PAN)
Based on the legal framework which recognizes protected areas established by communities and state governments, these areas become part of the nationwide network according to clear criteria, categories and application procedures. Considerations include bio-geographic, socio-economic and scientific importance, ecological characteristics, the degree of naturalness and uniqueness, as well as management and protection feasibility.
Enabling factors
• Legal framework • National policy recognition and support • Support from a trusted agent to sustain dialogue and definition of procedures
Lesson learned
Awareness raising from community to national levels, and reaching a consensus on procedures nationwide, may be a lengthy and arduous process. However, experience demonstrates that existing or arising conflicts between traditional and national government laws can be worked out with constant dialogue and patience.
Adaptive and participatory locally based management
Communities develop management plans and monitoring protocols based on biological, ecological, socio-economic, cultural and historical gap analyses, as well as mutually agreed targets and objectives. The necessary collection of scientific baseline and monitoring data is conducted in parallel. Additional management activities include establishing proper record keeping and reporting, and building up enforcement mechanisms for protected areas, including prosecution of illegal fishing or poaching.
Enabling factors
• Community resource ownership, including a clear view of potential benefits for current community members and future generations, which will result from conservation actions to address perceived ecological problems. • Support from local and international partners (e.g. NGOs) to assist with management planning, monitoring, and collection of scientifically sound data.
Lesson learned
The establishment of a bottom up management approach is a challenge, particularly if traditional leadership is weakened. However, traditional and modern systems can be merged based on dialogue and capacity strengthening at the community level.
Management trainings
State and local governments receive tailor-made training seminars, workshops, and hands-on events. Local communities build up their capacities, particularly in surveying and conducting scientific investigations, development of site preservation plans, identification and establishment of sustainable use practices, and educating the public about preservation and protected areas.
Enabling factors
• Technical assistance and funding of the training programme • High level of awareness and national support
Lesson learned
To be provided by solution provider.
Green Fees
The Protected Area Network Fund (PANF) supports management and monitoring of the network’s protected areas. The ‘resource-user pays principle’ was applied to define green fees for tourists visiting the country (Palau). In addition, complementary funds in the form of appropriations, loans, and grants from national and foreign governments, international organisations such as the United Nations or other agencies and sources are acquired, accepted and disbursed.
Enabling factors
• Technical assistance for establishment and proper management of the fund • High level of awareness and national support • Legal framework
Lesson learned
To be provided by solution provider.
Impacts

The solution successfully merged traditional management with modern legislation to establish procedures and monitoring standards. Participation, resource ownership and empowerment of communities increased significantly. It created jobs so that people returned to their villages, reducing urban drift. 35 protected areas have been established, contributing to Palau's goal of designating 30% of its near shore marine environment and 20% of its terrestrial resources by 2020. Tourists contribute to conservation via the green fee mechanism, which supports local communities with US$ 1.8 million annually.

Beneficiaries
  • Government agencies
  • Local communities
  • National and international NGOs
Story

Ngarchelong and Kayangel are the only communities with traditional knowledge and conservation practices for resource management decision-making. Chiefs of both communities jointly declared the first modern day moratorium, or bul, on fishing within their traditional fishing grounds to protect spawning aggregations in 1994. This initiative was unique and without precedence as bul had never been applied to control fishing in Palau nowadays. This move encouraged other communities to follow. A race began to initiate community protected areas throughout Palau. However, Ngarchelong and Kayangel communities quickly realized that they could not enforce their rules for outside violators. A court case revealed conflicts between traditional roles and national authorities regarding enforcement, prosecution, and fines. These experiences provided the knowledge, ingredients and the political will to enact the Protected Areas Network Act (PANA) of 2003, promulgation of Regulations on Criteria and Application Process in 2007, the amendment to add the Green Fee 2008 and the final act for implementation in 2009. The PANA is backed by the Palau National Congress, with technical support from the Protected Areas Network Office division of the Ministry of Natural Resources, Environment and Tourism, and sustainable funding from the Protected Area Network (PAN) Fund Board. In 2012, Ngarchelong and Kayangel, their respective state governments, and fishermen designated their marine areas out to 12 nautical miles as Protected Area Network sites and began management design with support from network and NGO partners. In 2013, these stakeholders signed a new agreement for joint management, including enforcement mechanisms, with the two states’ governors and the legislative speakers, witnessed by fishermen, NGO partners and the President of the Republic of Palau. Chief Uorchetei Victor Joseph of Ngarchelong declares: “Our land areas are small so our livelihoods must extend to the sea and we need to ensure resources continue to be abundant. Stewardship begins with us, and PAN is our major enabler.” Chief Rdechor of Kayangel states: “Traditionally we used to cooperate. With this renewed cooperation, made possible by PAN, we have the opportunity to solve many issues facing us, especially, in dealing with climate change, sea level rise and coral threats and fish declines that undermines our livelihoods.”

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Other contributors
Noah Idechong
Ministry of Natural Resources, Environment and Tourism of Palau
PAN Fund Office
PAN Fund Office