An Act to amend P.L. No. 8-19, which allows the consumption of certain endangered or threatened species (P.L. No. 11-53)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Pedro Tenorio Governor Jesus R. Sablan Lt. Governor The Honorable T. Benavente Speaker, House of Representatives Eleventh Northern Marianas Commonwealth Legislature 96950 JAN. 1 1999 Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200 Fax: (670) 664-221 1 The Honorable Paul A. Manglona President of the Senate Eleventh Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. Speaker and Mr. President: This is to inform you that I have signed into law House Bill No. 11-75, entitled, "To amend PL 8-19, which allows the consumption of certain endangered or threatened species", which was passed by the Eleventh Northern Marianas Commonwealth Legislature. The intention of PL 8-19, which allowed for consumption by our man amko of endangered species seized or confiscated by the Division of Fish and Wildlife from illegal activities, is honorable. However, it is necessary to amend the law as it violates federal laws and jeopardizes federal funding which is direly needed to assist in controlling and eradicating brown tree snakes in the CNMI. Under this measure the Department of Natural Resources would still give to Aging Program Administrator all fish and game species seized or confiscated in the CNMI, for consumption by the elderly, as long as such items are safe and not listed as threatened or endangered species by the United States Government. This bill becomes Public Law No. 11-53. Copies bearing my signature are forwarded for your reference. S incere ly , EDRO Department of Lands Natural Resources Aging Program Administrator Special Assistant for Programs and Legislative Review p Diego Saip~ "UP and cc & V. COMM.''•''" HOUSEJ 4 HOUSE OF REPRESENTATIVES ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIRST REGULAR SESSION, 1998 PUBLIC L A W NO. 11-53 HOUSE BILL NO. 11-75 AN ACT P.L. No. 8-19, which allows the consumption of certain endangered or threatened species. Offered by Representatives: Manuel A. Tenorio, Oscar M. Babauta, Ana S. Teregeyo, Karl T. Jesus T. Attao, David M. Apatang, Melvin L.O. Faisao and Maria "Malua" T. Peter Date: February 5,1998 HOUSE ACTION Standing Committee Report: None First and Final Reading: February 20, 1998 SENATE ACTION Referred to: Committee on Judiciary, Government and Law Standing Committee Report: None Second and Final Reading: December 17,1998 Reyes, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE PUBLIC LAW NO. 11-53 H. B. NO. 11-75 FIRST REGULAR SESSION, 1998 AN ACT To amend P.L. No. 8-19, which allows the consumption of certain endangered or threatened species. a IT ENACTED BY THE ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Findings. The Legislature finds that P.L. 8-19 allows endangered species that have been confiscated by the Division of Fish and Wildlife to be given to the elderly for their consumption. The intent behind this law was to provide additional nutrition for the elderly, and to see that confiscated animals, such as turtles and fruit bats, were not just wasted. It now appears that this law may cause difficulties with federal funding. The Commonwealth is now attempting to get such funding from U.S. Fish and Wildlife pursuant to the U.S. Endangered Species Act. This money will be used primarily for brown tree snake exclusion and control. Approximately $300,000 is at stake. U.S. Fish and Wildlife has been objecting to this funding because of the existence of P.L. 8-19. This law would preclude our receiving the money, because i t would allow the consumption of federally endangered species, in violation of federal law. This bill seeks to solve this problem by amending Public Law 8-19. Section 2. Amendment. Section 2 of Public Law No. 8-19 is hereby amended to read "All fish, game, or threatened or endangered species, or part thereof, or any item made of any threatened or endangered species in whole or in part, taken, possessed, sold, purchased, offered for sale or purchase, transported, delivered, received, carried, shipped, exported or imported in violation of any provision of this Chapter, any regulation or order issued under this Chapter, or any term of any license or permit issued pursuant to this Chapter, shall be subject to forfeiture to the Commonwealth. The Chief is authorized to give Aging Program Administrator all fish, or game species seized or confiscated for consumption by the elderly, provided, that as follows: ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PUBLIC L A W NO. 11-53 HOUSE BILL NO. 11-75 such items are safe for human consumption and are not listed as threatened or endangered species by the United States government. The Department of Natural Resources shall make fish or game seized in the Commonwealth of the Northern Mariana Islands available to the Resident Aging Program Administrators in their respective Islands." Section 3. Severabilitv. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. Section 4. Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this Act becomes 16 , effective. 17 18 Section 5. Effective Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. CERTIFIED BY: Speaker House of Representatives ATTESTED BY: this , 199 Commonwealt of the Northern Islands Page 2 ◄ ,.jurw.(liction, ~ .... Savings ENORIO Governor of the Northe Mariana