Raising of Sambar Deer in Captivity Act of 2010 (P.L. 17-23)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Benigno R. Fitial Eloy S. mos Governor Lt. Governor OCT 1 9 2010 Honorable Paul A Manglona Senate President, The Senate Seventeenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Honorable Froilan C. Tenorio Speaker, House of Representatives Seventeenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker; This is to inform you that I have signed into law S.B. 17- 13, HD 1, entitled, "To domesticate or allow the raising of Sambar Deer in captivity", which was passed by the House of Representatives and the Senate of the Seventeenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 17-23. Copies bearing my signature are forwarded for your reference. cc; Lt. Governor Attorney General Press Secretary Department of Lands and Natural Resources Mayor of Saipan Mayor ofTinian and Aguiguan Mayor of Rota Commonwealth's Law Revision Commission Special Assistant for Programs and Legislative Review Caller Box 10007 Saipan, MP969SO Telephone: (670) 664-2200/2201 Facsimile: (670) 664-2211 ( ,} l NORTHERN MARIANAS COMMONWEALTH LEGISLATURE THE SENATE September 10, 2010 Public Law No. 17-23 The Honorable Benigno R. Fitial Governor Commonwealth of the Northern Mariana Islands Capital Hill Saipan, MP 96950 Dear Governor Filial: I have the honor of transmitting herewith Senate Bill No. 17-13, HDl, entitled, "To domesticate or allow the raising of sambar deer in eaptivity; and for other purposes," which was passed by the Senate and the House of Representatives of the Seventeenth Northern Marianas Commonwealth Legislature, Sincerely yours, Senate Clerk Attachment P.O, Box5l>I:l.'\Saipan. MP 96950 - Phone: (670) 664-(&$"<> - Fax: (670) (J;,"\- g Y1 /.- .j 1I00fl/JlIAIJTItJN SENA�A';fT:?MANA-O:---­ THE. SH.NATE SKY'ENTEENrH NOIlTH£IlN MARIANAS COMMONWEALTH LE61SL.ltTUKE. Public Law No. 17-23 SENATEBIlJ.NO.17-13,HDl AN ACT TO DOMESTICATE OR ALLOW THE RAISING OF SAMBAR DEER IN CAPTIVITY; AND FOR OTHER PURPOSES . ......... ... Offered by Senator(s): Jovita M. Taimanao Date: February 12,2010 Referred to: Committee on Resources, Economic Development & Programs Standing Committee Report No.: None Final Reading: Accepted and Passed 011 09/0311 0 Referred to: Committee 011 Natural Resources Standing Committee Report No.: 17-19 Adopted on 07/22/10 First and Final Reading: August 10, 20 I0 SENATE LEGISLATIVE SECRETARY 17-13, Findings Purpose. Captive/Domesticated (Bin ado). Captive SEVENTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE Public Law No. 17-23 FIRST REGULAR SESSION, 2010 SENATE BILL NO. HDt AN ACT To domesticate or allow the raising of Sambar Deer in captivity; and for other purposes. BE IT ENACTED BY THE SEVENTEENTH NORTHERN MARlA."IAS COMMONWEALTH LEGISLATURE: 1 Section 1. Short Title. This act may be cited as "The Raising of Sambar Deer in Captivity Aet of 20 10." 2 Section 2. and The Commonwealth Legislature finds that3 4 hunting of Sambar Deer is seasonal as established by regulation to control their continued existence and to prevent its extinction. The Commonwealth Legislature further finds that 5 6 there are several people in the CNMI who are presently raising Sam bar Deer in captivity and 7 many have express similar interest if the law or regulation would allow them. It is the purpose of this Act to legalize or allow the raising of Sam bar Deer in captivity. 8 9 Section 3. Sambar Deer It is hereby legal in the 10 Commonwealth to capture alive Sambar Deer (Binado) during authorize hunting season as II provided by regulation. 12 Section 4. Terms and Condition For Wildlife. Captive Wildlife may be 13 retained in the possession of an individual who holds a permit pursuant to the terms and conditions set forth: 14 15 a. Location: 16 The location of the registered wildlife should be specified on a map that includes 17 clearly marked roads and landmarks. If requested, the permittee will assist a 17-13, 4 18 20 Public Law No. SENATE BILL NO. 1 2 3 5 6 11 12 13 14 15 16 17 19 24 25 26 17-23 HOl member of the Division of Fish and Wildlife staff in locating the site where the wildlife is to be kept. b. Humane and enclosed environment: humane, completely enclosed and secure habitat for the wildlife. A humane habitat includes but is not limited to a clean environment, sheltered from harsh weather, adequate food and water supply, and a suitable space, provided that it is not within a residential area, for the animal to roam. c. Notification of change of condition: changes, the permittee must report the change to the Division of Fish and Wildlife within 12 hours of the event. Changes in condition of the wildlife that should be reported include, but are not limited to, death, escape, or birth of new captive wildlife. d. Responsibility for escaped captive wildlife: Permittee is responsible for any damage that occurs as a result of the captive wildlife during a period of escape. This includes, but is nol limited to, damage to neighboring crops, damage to conservation areas, or damage to other property. e. The pemlittee will have a grace period of up to one (1) week from the time of Any registered wildlife escapee that captured and Division of Fish and Wildlife reserves the right to inspect at any reasonable time the captive wildlife, its enclosure, and any other feature that pertains to its living environment. Page 2 The permittee shall erect and maintain for the duration of captivity a 7 8 9 10 If at any time the condition of the captive registered wildlife Time to capture escaped wildlife: escape to recapture the registered wildlife. 21 22 23 is not captured within the specified one (1) week lime will be confiscated by the Division ofFish and Wildlife. f. Inspection: 17-13, Captive (Binado). 10 13 14 15 16 17 18 19 20 21 22 23 24 b. Public Law No. 17-23 SENATE BILL NO. HDl 1 g. Addition of new captive wildlife. 2 The pennittee may under no conditions increase the number of captive wildlife 3 being held unless authorized by the Division of Fish and Wildlife in writing or 4 through the normal permitting process. 5 h. Compliance: 6 If the permittee fails to comply with any of the above terms and conditions, the 7 Division of Fish and Wildlife reserves the right to revoke the permit and impose 8 appropriate penalties. 9 Section S. General Provision for Sambar Deer a. A license to maintain captive deer (wild or domesticated from wild animals) is required. Licenses to maintain captive wildlife will be renewed on an annual basis and it is the responsibility of the pemlit holder to keep the license up to date. Permittee with a captive rearing license for deer may sell the meat or any part of 11 such animals as long as a "Certificate of Origin" accompanies the sale. This 12 certificate must include the name of the permittee, the captive rearing permit number, the date of sale, the name and address of the buyer, and the destination of the meat If it is to be transpo11ed off-island. One copy of the "Certificate of Origin" must accompany the buyer, the seller will retain one copy, and one copy must be filed with the Enforcement Section of DFW within to days of the transaction. c. Captive rearing permit holders may utilize meat and animal parts as a personal food source. For example, a captive rearing permit holder during mealtime may legally offer deer meat to guests. Such fare must be consumed on-premises and may not be transported off-island unless accompanied by a "Certificate of Origin". d. All Captive deer and their progeny must be marked on the ear by the permit holder (the permittee will supply the marking device) and accurate records kept Page 3 17-13, of births and deaths. 2 unmarked captive animals. 3 demand by DFW Enforcement Officers, but in any case will be inspected once a 4 year by DFW at the time of license renewal. 5 responsible for any expenses incurred to property if their captive animals escape 6 (including costs of rehabilitating 7 the costs to DFW (including salaries, overtime and equipment) of recapturing the 8 animals. 9 e. Captive deer 10 euthanized. 11 (manamko) at the discretion of the Director. 12 will be used to buy equipment useful to DFW Enforcement Officers 13 inspection stations and for keeping track of captive deer. 14 f. Deer must be maintained in humane and clean holding facilities. Should holding 15 pens be deemed inappropriate by DFW Enforcement Officers, the captive rearing 16 permit will be revoked and must not be reissued until such time as the facility has 17 been imprOVed to meet minimum standards (see below). If improvements are not 18 made within one month from the time the license is revoked, captive animals will 19 be impounded by DFW. 20 g. Holding/rearing facilities for captive deer 2 I standards (or the captive rearing permit will be revoked): 22 I. 23 2. 24 25 26 3. 27 the destructive force of a typhoon, 28 4. pens will be at least 2 m in height, Public Law No. 17-23 SENATE BILL NO. HDl The Enforcement Section of DFW will impound any Records on captive animals may be inspected on Captive permit holders will be habitat damaged by released animals) and for impounded by DFW Enforcement Officers will be humanely Meat from such animals may be sold or distributed to the elderly Money from the sale of such meat at deer must meet the following minimum a pen of at least 5 m on each side will be constructed for a single animal, for each additional deer in captivity (including progeny), 3 m on each side will be added to the pen (i.e., for 2 animals, the pen will measure 8 m on each side, for 3 animals the pen will measure 11 m on each side, etc.), pens will be constructed of materials with sufficient strength to withstand Page 4 17·13, Regulations. Amnesty. 13 14 15 16 17 Public Law No. 17-23 SENATE BILL NO. HDI 5. holders of pennits are responsible for the safety of their animals, 2 1 therefore, pen gates will be secured in such a way as to prevent theft of or 3 malicious mischief to the animals, 6. holders of pennits are responsible for the costs of damage to the4 environment and to property by escaped or released animals, 5 6 7. pennit holders will be given 5 working days to recapture animals that 7 have been accidentally released, after that, escaped animals are subject to collection by DFW Enforcement Officers and the costs of capture will be 8 borne by the penni! holder. 9 h. Sufficient fodder and waler will be provided by the pennit holder to maintain the 10 captive animals in good health (natural fodder and water may need to be 11 augmented by the pennit holder). The health of the captive animals will be judged by inspection (e.g., physical appearance). DFW Enforcement Officers will perfonn regular inspections of both the physical state of captive animals and the state of the holding facility on at least an annual basis and prior to renewal of captive rearing license. DFW Enforcement Officers may be accompanied by a licensed veterinarian to help adjudge the health of captive animals. 12 1. Purposeful rclease of captive deer, especially domesticated progeny, into the wild 18 19 is prohibited. Penalties for purposeful release of captive animals will be imposed 20 and set by the Director but will not exceed $1,000 per animal. A person who has 21 previously held a captive rearing pem1it and purposefully released animals into 22 the wild will not be eligible to renew or obtain another permit. Section 6. Rules and The Secretary of the Department of Lands and 24 23 Natural Resources may promulgate additional rules and regulations to carry out the purpose 25 and intent of this Act. 26 Section 7. Those individual who are in possession of Captive Sambar 27 Deer (Binado) that are unregistered or non compliance with existing regulation shall comply Page 5 17-13, Severability. Savings 14 Public Law No. 17-23 SENATE BILL NO. HDI 1 with the provision of this act without being penalized within 365 days following the 2 approval of this act into law. 3 Section 8. If any provision of this Act or the application of any such 4 provision to any person or circumstance should be held invalid by a court of competent 5 jurisdiction, the remainder of this Act or the application of its provisions to persons or 6 circumstances other than those to which it is held invalid shall not be affected thereby. 7 Section 9. Clause. This Act and any repealer contained herein shall not be 8 construed as affecting any existing right acquired under contract or acquired under statutes 9 repealed or under any rule, regulation or order adopted under the statutes. Repealers 10 contained in this Act shall not affect any proceeding instituted under or pursuant to prior 11 law. The enactment of this Act shall not have the effect of terminating, or in any way 12 modifying, any liability civil or criminal, which shall already be in existence at the date this 13 Act becomes effective. Section 10. Effective Date. This Act shall take effect upon its approval by the 15 Governor or upon its becoming law without such approval. CERTIFIED BY: ATTESTED BY: overnor Commonwealth of the Northern Mariana Islands Page 6