An Act to amend Public Law 12-14, as amended by Public Law 12-77 to allow for fishing with SCUBA or hookah throughout the Commonwealth except in restricted areas; and for other purposes (P.L. 12-87)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Juan N. Babauta T. Benavente Governor Lieutenant Governor The Honorable Heinz S. Hofschneider Speaker, House of Representatives Thirteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 1 9 The Honorable Paul A. Manglona Senate President Thirteenth Northern Marianas Saipan, MP 96950 Commonwealth Legislature Dear Mr. Speaker and Mr. President: This is to inform you that I have approved House Bill No. 12-428, HS 1, entitled, "To amend Public Law 12-14, as amended by P.L. 12-77, to allow for fishing with SCUBA or hookah throughout the Commonwealth except in restricted areas; and for other purposes", which was passed by the Twelfth Northern Marianas Commonwealth Legislature. This bill provides limitation to the applicability of the former law that imposed a universal prohibition on scuba and hookah fishing throughout the Commonwealth. This measure modifies that total prohibition by allowing the First and Second Senatorial Districts to regulate the matter by local legislation. Please note that Rota has already banned SCUBA based fishing through the enactment of Rota Local Law 12-3. As for the Third Senatorial District, the bill prohibits scuba and hookah fishing along the western coast of the island of Saipan. Although this measure represents an accommodation to the livelihood of local fishermen, it is important that the environmental concerns that initiated the original legislation, P.L. 12-14, are not forgotten. With that in mind, I urge the Secretary of Lands and Natural Resources and the Director of Fish and Wildlife restrict their authority to issue special permits for non-scientific purposes to fishing enterprises that were actively involved with scuba based spear fishing at the time of the passage of P.L. 12-77 and who hold a valid commercial fishing license from the Department of Commerce. Please note that hookah based spear fishing is prohibited under OSHA regulations and should not be permitted under any circumstances. This bill becomes Public Law No. 12-87. Copies bearing my signature are forwarded for your reference. Acting Governor CC: Secretary of Lands and Natural Resources; SAPLR Caller Box Saipan, MP 96950 Telephone: (670) Facsimile: (670) 1 Diego FEB 10007 664-2200/2300 GOV. COMM. ,,-M (HOUSE) 2002 ·"'. • Rr-cE/l./E D ~ BY: - · DATE: 2 '!. · TlM8 ; 664-2211/231 03 4 3 Twelfth Northern Marianas Commonwealth Legislature P u b l i c Law No. 12-87 HOUSE BILL NO. 12-428, I AN ACT To amend Public Law 12-14, as amended by Public Law 12-77 to allow for fishing with SCUBA or hookah throughout the Commonwealth except in restricted areas; and for other purposes. Offered by Dino M. Jones, Jesus T. Attao, and Heinz S. Hofschneider Date: December 19,2001 HOUSE ACTION Referred to: Committee on Natural Resources Standing Committee Report: None First and Final Reading: December 20,2001 Accepted Senate Amendments: SENATE ACTION Standing Committee Report: None Final Reading: January 1 1,2002 HOUSE OF REPRESENTATIVES .. HS1 Representative(s): 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 2c 21 22 ‘E FTI NORTHERN MARIANAS COMMO FOURTH REGULAR SESSION, 2001 LEGISLATURE Public Law No. 12- 87 H. B. NO. 12-428, AN ACT To amend Public Law 12-14, as amended by Public Law 12-77 to allow for fishing with SCUBA or hookah throughout the Commonwealth except in restricted areas; and for other purposes. BE IT ENACTED BY THE TWELFTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Findings and Purpose. Public Law 12-14 was enacted to protect the supply of edible fish in the local waters. It prohibited non-traditional fishing methods when fishing for reef fish and harvesting other marine life within the lagoon or reef and within 1000 feet outside the lagoon or reef in the coastal waters of the Commonwealth. The Division of Fish and Wildlife, however, pointed the difficulty of enforcing the 1000 feet limitations. Therefore, Public Law 12-77 was enacted to amend Public Law 12-14 by eliminating the 1000 feet restriction, thus prohibiting all nontraditional fishing methods within the entire waters of the Commonwealth. The Legislature now finds that the fishing by SCUBA and hookah need only be prohibited in certain areas of the Commonwealth. This Act now authorizes fishing by SCUBA and hookah throughout the waters of the Commonwealth except as herein prohibited. Section 2. Amendments. Section 3 of Public Law 12-14, as amended by Public Law 12-77, is hereby amended to read as follows: “Section 3. Non-traditional Fishing Methods Prohibited. (a) It shall be unlawful for any commercial or non-commercial fisherman to use explosives, poisons, or electric shocking devices when fishing for reef fish and harvesting other marine life within the waters of the Commonwealth (b) It shall be unlawful for any commercial or non-commercial fisherman to fish with SCUBA or hookah within the lagoon or reef or outside the lagoon or reef on the coastal waters of Saipan from Puntan Agingan to Puntan Sabaneta. (c) Fishing with SCUBA or hookah by commercial and non-commercial fisherman in the First and Second Senatorial Districts is hereby defined as a subject of TW '.L [WEALTH HSl 8 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Public Law No. 12-87 HOUSE BILL NO. 12-428, HS 1 local law as permitted by Article Section 6 of the N M I Constitution and members of the First and Second Senatorial Districts may enact laws prohibiting commercial or non-commercial fisherman to fish with SCUBA or hookah within the lagoon or reef or outside the lagoon or reef on the coastal waters of their respective districts." Section 4. Severability. 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 jurisdiction, 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 5. Savings 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 any liability, civil or criminal, which shall already be in existence at the date this Act becomes effective. Section 6. Effective Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. ERTIFIED BY: ATTESTED TO BY: Commonwealth of the Northern Page 2 II, modifying, =/1;~»...,....f-=--~',. tl,. .)::;; , this I'( day of F~ ~1 , 2002