DIVISION 3: CONSERVATION
Chapter 10: Wildlife
Conservation
§1001. Hunting season: wild pigeon.
§1002. Sale of wild pigeon.
§1003. Declaration of wildfire emergency.
§1004. Protection of coconut crab.
§1005. Protection of turtles.
§1006. Protection of clams.
§1007. Penalties.
§1008. Prohibited fishing methods.
§1009. Protection of trochus.
§1010. Protection of seeded or planted species.
§1011. Temporary moratorium for protection of species.
The season for hunting of wild pigeon
shall be from October 1 to December 31 of each year and during that period
any person with a valid firearm may hunt wild pigeon. It shall be
unlawful for any person to hunt wild pigeon at any other time of the
year.
Source: YDC §2200.
Cross-reference: The statutory provisions of the Weapons Prohibition Act are found in chapter 9 of Title 11 (Crimes and Punishment) of this Code.
Sale of wild pigeon shall be
prohibited at all times.
Source: YDC §2201.
The Governor is hereby authorized to
declare a period of wildfire emergency and during such an emergency
suspend the pigeon hunting season in specific localities threatened by
such wildfire emergency.
In considering the declaration of
wildfire emergency, the Governor will be guided by such considerations as
long periods of extremely dry weather, periods with large number of
wildfires occurring in the forests, grasslands, and savannas, or any
combination of conditions or circumstances that can reasonably be
construed to constitute a period of extreme wildfire danger.
The purpose and intent of suspending
hunting during a period of wildfire emergency is to cause fewer people to
enter the forests, grasslands, and savannas and by so doing remove one of
the possible causes or hazards of causing wildfires.
Source: YDC §2202, modified.
(a) No coconut crab,
Birgus latre
or "ayuy" whose shell is less than three inches in diameter measured at the base, shall be taken or killed within the State nor shall any such crabs be taken or killed during their breeding season each year and from June 1st to September 30th nor shall any such crabs be sold commercially in any wholesale or retail store licensed to do business in the State.
(b) Penalties. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00, or imprisoned for not more than 30 days, or both.
Source: YDC §2204, as amended by YDL 4-28 §1, modified.
Turtle meat and turtle eggs shall not
be sold commercially by any wholesale or retail store licensed to do
business in the State.
Source: YDC §2207, as enacted by YDL 4-28 §2, modified.
The Governor is authorized to declare
a harvesting season and to set a size limit for the taking or harvesting
of clams. Clam meat shall not be sold commercially by any wholesale
or retail store licensed to do business in the State.
Source: YDC §2208, as enacted by YDL 4-28 §3, modified.
Any person who violates any of the
provisions of this chapter, shall, unless a section specifically provides
otherwise, be guilty of a misdemeanor and, upon conviction thereof shall
be punished by a fine of not more than $500.00, or imprisoned for not more
than 60 days, or both.
Source: YDC §2209, as enacted by YDL 4-28 §4, modified.
(a) Except as provided
in subsection (b) of this section, no person shall knowingly catch any
fish or other marine life by means of explosives, poisons, chemicals or
other substances which kill fish or marine life, nor shall any person
knowingly possess or sell any fish or other marine life caught by means of
explosives, poisons, chemicals, or other substances which kill fish or
marine life. The terms "poisons," "chemicals,"
or "substances" include but are not limited to hypochlorus acid or
any of its salts, including bleaches commonly sold under various trade
names, such as Clorox, and bleaching powders, preparations containing
rotenone, tephrosin or plant material from
Barringtonia asiatica, Coculus ferrandianus, Hura crepitans, Piscidia erythrina, Tephorsia purpurea, and Wilkstremia spp.
(b) The provisions of subsection (a) shall not apply where the Governor has given advance written permission to use the means prohibited, when determined to be in the public interest.
(c) Nothing in this section shall be construed to prohibit any fishing method used under custom and tradition, including use of local roots, nuts or plants.
(d) Criminal penalties. Any offense described as a prohibited act by subsections (a), (b), or (c) of this section, is punishable by a fine of not less than $100.00 or more than $2,000.00, or imprisonment for not less than six months or more than two years, or both.
Source: Part C of Chapter 2 of the Yap District Code, as amended by YSL 2-23 §1 that creates new YDC §2210, modified.
Commission Comment: Reference in subsection (d) to ". . . section 1008(a), . . ." is revised to refer to ". . . subsections (a), (b), or (c) . . ." in line with relettering and renumbering revisions made to this section.
(a) The harvesting of
or in any way intentionally interfering with the growth of
trochus in the waters of the State of Yap is prohibited except as provided in this section.
(b) The Governor may
designate and vary from year to year an open season or seasons for such
period of time as deemed advisable for the harvesting of trochus
in the State. The open season may vary in different areas or islands
within the State, and may identify certain reefs or sections thereof that
shall be closed for the harvesting of trochus, notwithstanding
the fact that the season is open. The Governor may place any and all
restrictions on the size of trochus to be taken during the open
season, and in enforcement of the open season the Governor may punish the
harvesting, taking, purchasing, or selling of trochus outside the legal size limits or from a designated sanctuary. Public notice shall be given of the dates designated for the harvesting of trochus, the restricted sizes, and the reefs or islands that have been declared closed, if any.
(c) The Governor may,
if it is deemed advisable, prohibit the harvesting of trochus during any given calendar year or years. Public notice shall be given of the prohibition.
Source: Part C of Chapter 2 of the Yap District Code, as amended by YSL 2-23 §2 that creates new YDC §2211, modified.
No person shall take or harvest any
species which has been seeded or planted by or on behalf of the State of
Yap, knowing or having reason to know that such species was seeded or
planted, except where the Governor has given express written permission
authorizing the taking or harvesting.
Source: Part C of Chapter 2 of the Yap District Code, as amended by YSL 2-23 §2 that creates new YDC §2212, modified.
The Governor may, upon convincing
evidence that the population of a species, subspecies, or class of marine
life is in imminent danger of dropping below a minimum desirable
maintenance level, declare a temporary moratorium prohibiting the taking
or harvesting of said marine life. The Declaration of Moratorium
shall state any and all restrictions imposed on the taking and harvesting
of marine life, including, but not limited to, size limitations and areas
affected. Public notice shall be given of the moratorium. No
person shall violate the Declaration of Moratorium.
Source: Part C of Chapter 2 of the Yap District Code, as amended by YSL 2-23 §2 that creates new YDC §2213, modified.