An Act to amend 2 CMC § 5631 and § 5634, as it applies to the surrounding waters of the municipality of Tinian, to ensure that such regulations do not restrict the rights of persons to engage in non-commercial net-fishing (P.L. 17-57)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Benigno R. I<'itial Governor Honorable Paul A. Manglona Senate President, The Senate Seventeenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Honorable Eliceo D. Cabrera Speaker, House of Representatives Seventeenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: EJoyS.lnos Lt. Governor This is to infonn you that I have signed into law Senate Bill No. 17-53, HDI entitled, "To amend 2 CMC § 5631 and § 5634, as it applies to the surrounding waters of the municipality of Tinian, to ensure that such regulations do not restrict the rights of persons to engage in non­ commercial net-fishing; and for other purposes," which was passed by the House of Representatives and the Senate of the Seventeenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 17-57. Copies bearing my signature are forwarded for your reference. cc: Lt. Governor; Lt. Governor's Legal Counsel; Press Secretary; Mayor of Tinian; Commonwealth's Law Revision Commission, Special Assistant for Administration; Special Assistant for Programs and Legislative Review Caller Box 10007 Saipan, MP969S0 Telephone: (670) 664-220012201 Facsimile: (670) 664-2211 PUBLIC LAW NO. 17-57 CJheSenate NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P O BOX 500]29 August 29, 2011 The Honorable Benigno R. Fitial Governor Commonwealth of the Northern Mariana Islands Capitol Hill Saipan, MP 96950 Dear Governor Fitial: SAlPAN, MP 96950 I have the honor of transmitting herewith Senate Bill No. 17-53. HOI. entitled, "To amend 2 CMC § 563 I and § 5634. as it applies to the surrounding waters of the municipality of Tinian, to ensure that such regulations do not restrict the rights of persons to engage in non­ commercial net-fishing; and for other purposes," which was passed by the Senate and the House of Representatives of the Seventeenth Northern Marianas Commonwealth Legislature. Sincerely yours, �Ol���d� Senate cler� e f � s Attachment PUBLIC LAW NO. 17-57 THE. SENATE. SEVENr££NTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE SENATE BILL NO. 17-53. HOt AN ACT To amend 2 CMC § 5631 and § 5634, as it applies to the surrounding waters of the municipality ofTinian, to ensure that such regulations do not restrict the rights of persons to engage in non-commercial net-fishing; and for other purposes. Offered by Senator(s}: Francisco Q. Cruz Date: December 01, 2010 Referred to: None Standing Committee Report No.: None Final Reading: December 09, 2010 Referred to: Committee on Natural Resources Standing Committee Report No. 17-89 (Adopted on August 09, 2011) First and Final Reading: August 09, 2011 A M. TAIMANAO SENATE LEGISLATIVE SECRETARY PUBLI C LAW NO. 17-57 THE SENATE SEVENTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATl'RE SECOND REGULAR SESSION, 2010 SENATE BILL NO. 17-53, HDl AN ACT To amend 2 CMC § 5631 and § 5634, as it applies to the surrounding waters of the municipality of Tinian, to ensure that such regulations do not restrict the rights of persons to engage in non-commercial net-fishing; and for other purposes, BE IT ENACTED BY THE SEVENTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Findings. The local delegation of Tinian finds that Article XIV, Section 1 2 of the Commonwealth Constitution, mandates that "the marine resources shall be managed, 3 controlled, protected and preserved by the Legislature for the benefit of the people." The 4 Division ofFish and Wildlife, in furtherance of Public Law 12-14, "the Fair Fishing Act of 5 2000," further discussed herein, recently proposed the promulgation of regulations banning 6 the use of many forms of nets for fishing, such regulations to be imposed throughout the 7 CNML The Legislature finds that such proposed regulations fail to take into account the 8 economic and social realities of the CNMI and the need for non-commercial net-fishing as a 9 source of food for the people of the CNMI that have traditionally relied on such fishing 10 methods to support and sustain themselves and their families. The Legislature notes that the 1 1 Division of Fish and Wildlife has adopted a narrow interpretation 0 f "non-traditional" 12 fishing methods including the use of all fishing nets except the throw net (talaya). The PUBLIC LAW NO. 17-57 SENATE BI LL NO. 17-53, HDI Legislature finds that current law must be specifically amended to ensure that the rights of 2 persons to engage in non-commercial net-fishing be safeguarded. provided that such rights 3 be restricted to non-commercial net-lishing for the purpose of obtaining fish for personal or immediate family consumption. Section 2. Amendments. (a) Subject to codification by the Law Revision Commission, 2 CMC § 5631, as amended by PL 17-13, is hereby amended by adding a new subsection to read as follows: "101. The use of the following types of nets, provided the net mesh size are no smaller than three inches. drag nets (chenchulun lagua), surround nets (chenchulun umesugon) or trap nets (chenchulun mana gam) shall be legal in the waters II surrounding the Second Senatorial District when used for non-commercial purposes 12 only. Non-commercial purpose means fish caught for personal or immediate family 13 use. Any sales or distribution beyond ones immediate family shall be a violation of this law." 15 (b) 2 CMC § 5634 is amended to read as follows: 16 "§ 5634: All violations of this law shall be punished as follows, first violation, $200 17 fine, second violation $400 fine, and the third violation up to $1000 fine, all 18 subsequent violations shall be punished by up to a $1000 tine and up to 10 days in 19 jail." 2 Section 3. Severability. If any provisions of this Act or the application of any such 21 provision to any person or circumstance should be held invalid by a court of competent 22 jurisdiction, the remainder of this Act or the application of its provisions to persons or Page 2 PIJBLIC LAW NO. 17-57 SENATE BILL NO. 17-53,H DI � circumstances other than those to which it is held invalid shall not be affected thereby. i: j Section 4. Savings Clause. This Act and any repealer contained herein shall not be construed as alTecting 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 the Act shall not have the etTect of terminating, or in any way I modifying. any liability, civil or criminal. which shall already be in existence on the date this Act becomes effective. Section 5. Effective Date. This Act shall take e1Tect upon its approval by the Governor, or irs becoming law without such approval. �TlFIEDBY: �L A.� PR�SIDENT OF THE SENATE ATTESTED BY: �2tANAO SENATE LEGISLATIVE SECRETARY this 6 jK �ay of �.f.t:::IZ... , 20 II � .++--- f---------.......... overnor Commonwealth of the Northern Mariana Islands Page 3