ELP Student James Daugherty ’20 received funding from the Environmental Law Program and the Pacific Islands Managed and Protected Area Community (PIMPAC) to work with the Office of the Attorney General of Yap State, Federated States of Micronesia on coral reef conservation law. Daugherty spent a week preparing and studying Yap’s laws then travelled to Yap from June 3-17, 2018.
James Daugherty’s Reflection:
The internship’s objective was to write Protected Area Network (PAN) legislation. Yap is entitled to a portion of the $20 million raised by the Micronesia Challenge Fund for conservation efforts throughout CNMI, Guam, RMI, and FSM. In order for the money to be released, however, there must be laws making the state a part of the PAN network in Micronesia. PAN legislation had been drafted three years before but never passed.
Because the legislation was written but not passed, I decided to see if there was another way. I read the constitution and State Code again and found the following language:
Article XIII Sec. 5: “The State recognizes traditional rights and ownership of natural resources and areas within the marine space of the State from the high water mark up to and beyond 12 miles from island baselines.”
Article III Sec. 2: “There shall be a Council of Pilung and Council of Tamol which shall perform functions which concern tradition and custom.”
Sec. 3: “Due recognition shall be given to traditions and customs in providing a system of law, and nothing in this Constitution shall be construed to limit or invalidate any recognized tradition or custom.”
5 YSC 102: Councils of Tamol and Pilung “to promote and preserve the traditions and customs of the people of the State in a manner consistent with the Constitution of the FSM and the Constitution of the State of Yap.”
5 YSC 105 “Officers and employees of the State Government shall cooperate with the Council of Pilung and Council of Tamol, and shall, upon the written request to the Governor from either council, furnish information and other assistance as may be called for in connection with the activities of the councils.”
I realized that the Constitution and State Code could be used to incorporate PAN laws in Yap through regulation. Almost all land is privately owned in Yap, including land 12 NM out from the shore. The land is owned traditionally by the villages, so passing any conservation effort would have to be done through the Councils of Pilung and Tamol, especially since this system intends to preserve the traditional resources of the Yapese people.
I proposed the idea to the AG and other agency directors. They thought it was a viable solution and were instrumental in organizing the executive branch to meet and discuss the changes and provide feedback. The speed with which they organized to address the proposed regulation was impressive, and their feedback was critical to the regulations success. We decided to place the regulation in the Department of Resources and Development, and with the assistance of all the relevant agency leaders in Yap (EPA, RD, Marine Resources, Attorney General, Yap Cap, US Forest Service), I drafted the regulation.
The regulation was approved by the Micronesia Conservation Trust (MCT) and the administrator of the Micronesia Challenge Fund, and although it has yet to be signed by the Governor, MCT has agreed to put a full time conservation position in Yap to help start the PAN conservation coordination.
I was lucky to have excellent partners in Yap that were willing to mobilize and solve a three year stalemate in just two weeks.
As a result of my experience, I would like for the law school to create a Pro Bono/Internship program to write regulations for developing island nations.
MS 8-19-18, updated 8-31-19 ED