An Act to prohibit any person from possessing, selling offering for sale, trading, or distributing shark fins in the CNMI (P.L. 17-27)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Benigno R. Final Governor 012711 The Honorable Eliceo O. Cabrera Speaker, House of Representatives Seventeenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 The Honorable Paul A. Manglona Senate President Seventeenth Northern Mariana Commonwealth Legislature Saipan, MP 96950 Dear Mr. Speaker and Mr. President: Eloy S. Inos Lieutenant GovelllOf" This is to inform you that I have signed into law H.B. 17-94,HDl, SOl, entitled, "To prohibit any person from possessing, selling, offering for sale, trading or distributing shark fins in the CNMI," which was passed by the House of Representatives and the Senate of the Seventeenth Northern Marianas Commonwealth Legislature. I commend the Legislature for its proactive measures to prevent the destruction of the shark population. Sharks are now some of the ocean's most vulnerable and in some cases most depleted species. Having played a key role in maintaining the health of marine ecosystems for some 400 million years, in the span of single human lifetime, 30% of sharks are now threatened with worldwide extinction. Upwards of 73 million sharks are killed annually to support the global shark fin trade. Sharks are slow growing, reach sexual maturity late, produce few offspring, and their populations have not been able to keep up with the onslaught of fishennen targeting their fins for use in shark fin soup. Therefore, it is with great pleasure that I have signed into law H.B. 17-94, HOI, SOl to prohibit shark fining. Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200 12300 F!M:sirnile: (670) 664-2211/2311 This bill becomes Public Law No. 17-27. Copies bearing my signature are forwarded for your reference. cc; Lt Governor Press Secrewy DEQ CRM DLNR MINA Ail Departrnentsand Agencies SAPLR Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-220012300 Facsimile; (670) 664-2211123 t 1 House of �entati'f)es SEVENTEENTH NORTHER N MARIANAS COMMONWEALTH LEGISLATURE P.O. BOX 500586 January 18,2011 The Honorable Benigno R. Fitial Governor Commonwealth of the Northern Mariana Islands Capitol Hill Saipan, MP 96950 Dear Governor Fitial: SAIP AN, MP 96950 I have the honor of transmitting herewith for your action H. B. 17-94, HD1, SD1, entitled: "To prohibit any person from possessing, selling, offering for sale, trading, or distributing shark fms in the CNMI.", which was passed by the House of Representatives and the Senate of the Seventeenth Northern Marianas Commonwealth Legislature. Sincerely yours, House Clerk Attachment SewntM1ltli Legislature oftRe PUBLIC LAW NO. 17-27 C� of tlie 1fortliern 5W.a:riana lsfa:nds IN THE HOUSE OF REPRESENTATIVES Sixth Special Session July 22,2010 Representative Diego T. Benavente, of Saipan, Precinct I (for himselfj in an open alld public meeting with an oppornmity for the public to comment, introduced the following Bill: B. B.17-94 AN ACT To prohibit any person from possessing, selling, offering for sale, trading, or distributing shark fins in the CNMI. The Bill was referred to the House Committee Oll Natural Resources, which submitted Standing Committee Report 17-37. THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES O N FIRST A N D FINAL READING, NOVEMBER 17, 2010; with amendments in the form ofH. B. 17-94, HD I and transmitted to the THE SENATE. The Bill was not referred to a Senate Committee THE BILL WAS PASSED BY TilE SENATE ON FIRST AND FINAL READING, DECEMBER 30,2010; with amendments in the fonn ofH. B. 17-94, HDI, SDI. H. B. 17-94, HDI, SOl WAS RETURNED TO TIlE HOUSE OF REPRESENTATIVES ON JANUARY 4,201 I. THE HOUSE OF REPRESENTATIVES ACCEPTED THE SENATE AMENDMENTS AND PASSED H. B. 17·94, HDI, SDI DURING ITS 1ST DAY, THIRD REGULAR SESSION ON JANUARY 10,2011. Linda B. Mlllia, House Clerk PUBLIC LAW NO. 17-27 Se:wnteentli LeiJisfatuw oft1ie Commwweaftli of t1ie Nartfiern :Mariana Isfand's IN THE HOUSE OF REPRESENTATIVES FIRST DAY, THIRD REGULAR SESSION JANUARY 10, 2011 O. B. IT-94. ODI. SDI AN ACT TO PROBIRIT ANY PI!RSON FROJI POSSI!SSING, SI!WNG, OFFERING FOR SALIl, TRADING, OR DISTRlRUTING SIUBK FINS IN TBI! CNJII. Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature: 1 Section 1. Findings, The Commonwealth Legislature finds that sharks 2 are one of the top predators in the marine food chain and play an important role in 3 our ocean's ecosystem. Sharks have characteristics that make them more 4 vulnerable to overfishing than most fish, and data from state, federal� and 5 international agencies show a decline in the shark populations worldwide. Unlike 6 other fish species, most sharks do not reach sexual maturity until seven to twelve 7 years of age and then only give birth t o a small litter o f young. Thus, sharks, 8 cannot rebuild their populations quickly once they are overfished. 9 The practice of shark finning. where a shark is caught, the fin is cut off" o and the shark is returned to the water. causes tens of millions of sharks to die a PUBLIC LAW NO. 17-27 HOUSE BILL 17-94, HDt, SDt 1 slow death each year, some sharks starve to death, others are slowly eaten by 2 other fish, and some drown because most sharks need to keep moving to force 3 water through their gills for oxygen. Sharks are an essential element of the 4 ocean's ecosystem, and by reducing the demand for shark fins, the 5 Commonwealth can help ensure that sharks will not become extinct. 6 The Legislature also finds that the taking of sharks for subsistence 7 purposes is a longstanding tradition. Moreover, the Legislature recognizes that 8 incidental catching of sharks can be unavoidable. This Act is intended to address 9 the harvesting of sharks for commercial purposes only. o Section 2. Enactment. Subject to codification by the Law Revision 1 Commission, the following new provisions are hereby enacted: 2 "Section 10 L Shark Fin Prohibition. 3 (a) It shall be unlawful for any person to possess, sell, offer 4 for sale, trade, or distribute shark fins in the CNMI. Restaurants in 5 possession of shark fins which are prepared for consumption upon 6 the enactment of this Act, may sell or offer for sale such shark fins 7 for a period of 90 days after the enactment of this Act. 8 (b) Not withstanding subsection (a), any person with a valid 9 license or permit issued by the Department of Lands and Natural o Resources to conduct research and who possesses shark fins shall 1 not be subject to the penalties in this Act. 2 2 3 4 5 6 7 8 9 o 2 3 4 5 6 7 8 9 o 1 2 PUBLIC LAW NO. 17-27 (c) Notwithstanding subsection (a), a person in possession of a shark for subsistence purposes, (non-commercial) only shall not be subject to the penalties in this Act. (d) Pursuant to this Act. DLNR and DPS shall have concurrent jurisdiction to enforce, investigate and request the assistance of the Office of the Attorney GeneraL Upon request the Office of the Attorney General may pursue either civil or criminal action to enforce this Act. (e) Any person found in violation of this Act shall be fined not less than $5,000 but not more than $30,000 andfor imprisoned for not more than six (6) months. (1) Any person found in violation of this Act on their third or subsequent offense shall be assessed a fme of not less than $10,000 and a minimum imprisonment of 15 days, (g) Any item seized pursuant to enforcement of this Act and its regulations shall be held by any person authorized by DLNR pending disposition of civil or criminal proceedings, or the institution of an action in rem for the forfeiture of such item, except that after Notice and Public hearing DLNR, in lieu of holding such item, permit the OVv'11er, consignee, or other responsible person to post a bond or other surety satisfactory to DLNR. 3 2 3 4 5 6 7 8 9 o PUBLIC LAW NO. 17-27 (h) In addition to any penalties imposed under subsection (e) or (t), any person violating this Act or any rule adopted under it shall be subject to any other penalties authorized by 2 CMC § 5109, and may be assessed administrative fees and cost and attomey1s fees and costs. (i) The Department of Lands and Natural Resources may adopt rules and regulations pursuant to the Administrative Procedure Act necessary for the purposes of this Act. (D For the purpose of this Act. "shark fin" means the raw or dried fin or tail of a shark." Section 3. Severability. If any provisions of this Act or the application 2 of any such provision to any person or circumstance should be held invalid by a 3 court of competent jurisdiction. the remainder of this Act or the application of its 4 provisions to persons or circumstances other than those to which it is held invalid 5 shall not be affected thereby 6 Section 4. Savings Clause. This Act and any repealer contained herein 7 shall not be construed as affecting any existing right acquired under contract o r 8 acquired under statutes repealed or under any rule� regulation, or order adopted 9 under the statutes. Repealers contained in this Act shall not affect any proceeding o instituted under or pursuant to prior law. The enactment of the Act shall not have 1 the effect of tenninating, or in any way modifying, any liability� civil or criminal, 2 which shall already be in existence on the date this Act becomes effective. 4 PUBLIC LAW NO. l7-27 SOl I Section 5. Effective Date. This Act shall take effect upon its approval by 2 the Governor. or its becoming law \\'ithout such approval. � - n Allested to �y: � --./ ..... == Linda B. Muila. House Clerk Certified by: E�EAKEJr Governor Commonweallh oflhe NOrIhem Mariana Islan.ds 5 ,2011