An Act to amend 2 CMC, Division 5, Section 5109(f)(l) by authorizing the Chief of the Division of Fish and Wildlife to give the Division of Aging, Department of Community and Cultural Affairs for the consumption of the elderly; and for other purposes (P.L. 8-19)

0 of of Hill, 96950 0 "The Honorable Thomas P. Villagomez Speaker, House of Representatives Eighth Northern Marianas Saipan, M P 96950 Commonwealth Legislature u. s. Phone: (670) (670) Telex: 783-622 Gov. NMI (HOUSE) and The Honorable Juan S. Demapan Senate President Eighth Northern Marianas 96950 Commonwealth Legislature Dear Mr. Speaker and Mr. President: This is to inform you that I have approved House Bill No. 8-157, S.D.l, authorizing the Chief of Fish and Wildlife to give confiscated fish, game or other endangered species to the Aging Program Administrator for the consumption for the elderlies. Although I have signed this bill into law, before it is implemented, the Chief of the Division of Fish and Wildlife and the Resident Directors on Tinian and Rota should implement sufficient procedures to ensure that the donated food items are inspected or tested prior to donation. In addition they should also accompany every donation with a clear warning notice advising the Aging Program what procedures were used to inspect the foodstuff prior to its delivery to the Aging Program. Further, the Aging Program Administrator must be required to also inspect the foodstuff to the best of his ability, and sign a waiver of liability prior to receiving the donated food items. These procedures should be in place for the protection of the elderlies, the Chief of the Division of Fish and Wildlife, and the Resident Directors on Rota and Tinian. Section 2 of the bill authorizes the Chief to give all fish, game or other endangered species confiscated to the Aging Program Administrator for the consumption of the elderlies; provided, "such items are safe for human consumption". The bill, however, does not specify the methods acceptable for inspecting and testing of goods. Further, it contains no provision protecting the Chief of the Division of Fish and Wildlife from any liability in case of unintentional or accidental donations of items which are unsafe for consumption. Even if the Chief had the means to inspect or test the food items, there is always a possibility of accidentally donating items that are unsafe for consumption. While the bill gives discretion to the Chief to donate only those items that are "safe for human consumption", it provides that Resident Directors shall make such fish, game, etc. available to the elderlies in Rota and Tinian regardless of its safety for human consumption. I am sure this is not the intent of the Legislature, however, it would be best to insure that .. ~ ~ere • 0 f.k. Z-- 14 0 0 tJ 0 Commontuealtb tbe .Jllortbern mariana Jslanbs Saipan, MP @ff ice tbe ~ouernor Capitol Saipan MP/USA 2 2 APi,~ ,993 Telefax: 322-5091/2/3 322-50%/99 GOV. COMM. i- J). / il. the Resident Directors in Rota and also exercise discretion when giving confiscated food items to the Aging Programs on the two islands. This bill becomes Public Law No. 8-19. Copies bearing my signature are forwarded for your ready reference. Sincerely, CC: Director, Department of Natural Resources Director, Community and Cultural Affairs Resident Director, Dept. Natural Resources, Rota Resident Director, Dept. Natural Resources, Tinian Tinian ~c? 0 I. DE LEON GUERRERO HOUSE OF EIGHTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FOURTH REGULAR SESSION, 1993 LAW NO. 8-19 HOUSE BILL NO. ACT To amend 2 CMC, Division 5, Section by authorizing the Chief of the Division of Fish and Wildlife to give the Division of Aging, Department of Community and Cultural Affairs for the consumption of the elderly; and for other purposes. Prefiled on: October 13, 1992 Offered by Representatives: Jesus P. Mafnas, Herman T. Guerrero, Francisco A. Flores, U. Maratita and Herman T. Palacios Date: November 9, 1992 HOUSE ACTION First and Final Reading: November 10, 1992 Final Reading: March 10, 1993 SENATE ACTION Second and Final Reading: January 27, 1993 House Clerk REPRESENTATIVES PUBLIC 8-157, S.D.1 ==--============ AN 5109(f)(l) ====================== Mametto 1 2 3 4 5 6 7 8 9 10 11 12 PUBLIC LAW NO. 8-19 EIGHTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE H.B. NO. 8-157, S.D.l THIRD REGULAR SESSION, 1992 AN ACT To amend 2 CMC, Division 5, Section by authorizing the Chief of the Division of Fish and Wildlife to give the Division of Aging, Department of Community and Cultural Affairs for the consumption of the elderly; and for other purposes. BE IT ENACTED BY THE EIGHTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Purpose. The purpose of this amendment is to authorize the Chief of the Division of Fish and Wildlife to give the Aging Program Administrator all fish, fruit bats, coconut crabs, trochus and turtle meat, birds, etc., caught contrary to the conservation laws and regulations and confiscated, for consumption for our elderly. These are cultural foods. Who else will better appreciate our cultural foods other than our elders. To dispose of these foods by burning them is an insult to the Chamorro and Carolinian cultures. Section 2. Amendment. 2 CMC, Division 5, Section is amended as follows: "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, I I 11 rt 5109(£)(1) 5109(£)(1) PUBLIC LAW NO. 8 19 H ouse B ill N o. 8-157, S .D .l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 received, carried, shipped, exported or im ported in violation of any provision of this C hapter, any regulation or order issued under this C hapter, or any term of any license or perm it issued pursuant to this C hapter, shall be subject to forfeiture to the C om m onw ealth. T he C hief is authorized to give the A ging P rogram A dm inistrator all fish, gam e or threatened or endangered species seized or confiscated for consum ption by the elderly, provided, such item s are safe for hum an consum ption. P rovided, how ever, that the R esident D irector of the R esident D epartm ent of N atural R esources in the F irst S enatorial D istrict shall m ake such fish, gam e or threatened or endangered species seized or confiscated w ithin the F irst S enatorial D istrict available to the R esident A ging P rogram A dm inistrator in the F irst S enatorial D istrict. L ikew ise, the R esident D irector of the R esident D epartm ent of N atural R esources in the S econd S enatorial D istrict shall m ake such fish, gam e or threatened or endangered species seized or confiscated w ithin the S econd S enatorial D istrict available to the R esident A ging P rogram A dm inistrator in the S econd S enatorial D istrict. " S ection 3. If any portion of this A ct is declared invalid by a court of m petent jurisdiction, the rem aining portion shall not be affected by such holding. P age 2 .. 8 I PUBLIC NO. 8-19 House Bill No. 8-157, S.D.l 1 Section 4. Effective Date. This Act shall take effect upon its approval by the 2 Governor or upon its becoming law without such approval. CERTIFIED BY: BY: Speaker of House , C. MING House Clerk 0 I. DE LEON GUERRERO Governor Commonwealth of the Northern Mariana Islands Page 3 ATTESTED ,4-'PPA-l?Vdil) on this n~y of o/.....:.l , 1993 c::::;... ~