An Act to provide for a new Article 3 of 2 CMC Chapter 2 of the Submerged Lands Act, specifying penalties; and for other purposes (P.L. 6-42)

0 JAN 1990 The Honorable Pedro R. Guerrero Speaker, House of Representatives Seventh Northern Marianas Saipan, MP 96950 Commonwealth Legislature and Honorable Joseph S. lnos Senate President Seventh Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. Speaker and Mr. President: This is to inform you that I have signed into law House Bill No 191, regarding penalties for of the Submerged Lands Act, which was passed by the Sixth Northern Marianas Legislature. I understand that the remedies and penalties applicable under the Submerged Lands Act were inadvertently repealed by a previous law. In order for the Department of Natural to enforce the law, the penalties need to be reinstated. This bill becomes Public Law No. 6-42. forwarded for your ready reference. Sincerely, DE LEON GUERRERO Copies of which are CC: Special Assistant for Programs and Review . . . l ~ommontuealtb of tbe Jlortbern .fflariana Jslanbs o cl)ffitt of tbt d9obtrnor I) 0 Tue S> .$1ip1n, . .fllari1n1 ,l1l111d1 9695ll violation 23 GOV, COMM, ~ (HOU5E) Resources Legislative 1'110111:: (670) l22-5091/2/.I Fax: 322-S096 7-0 6 " PENALTIES; AND FOR Offered by Rep at ive: Juan S . ACTIO FINAL: Janua I '.;, .'.:1;~~:.:·•~•~.:~~~~~i~~;•T:~~,!~~1t·~.·r~l\,,~~~.~;laY·\·: ... ,... .· / .. ~-.:·, · .. · .. : :\:·--:., '.•. •·,. ' ·, ~:;i~::~i}fi;n~;~;:;'.:):::.,-: >:: .- .... :· :. . ··· ·i, .. , ... ; .. ,. -\"/<·>\·0)~-,/ •. /:., ?~J:\:,:t.::-:;P :.' .. :<:i:: ., •. ,· HOUSB' O?:-RB,usB,~'.'f;'A'l'tVES, .. • .. •·· .. ' ....... ·.:· ", :•. f. SIX'l'H ·: NORTHERN . MARIANAS,· OOMMO~Al,'l'H LEGISLA'l'tTRI .,-:,-::··. : .·. . • .. · ... 'THIRD'"REGt1LAa·:'sEssioi(•;::19a91 · >,,.,,::· .:.,::,}:·;,: .. . :;-;·;·;;:~~~~;:;~2, .. { ·· .. ·,, )1tt1it~~l[~±1~~~P~~:· ·· ··HoosE BILL·'~o.· 6~191\,:-H,.o.~,>s.o.1-· ' ·\'. ,>,' . '. AN,-',ACT·,,. ,, ,•' •',,;I,!•.' TO PROVIDE•·FOR/~iNEW,-ARTig~ ... :j,:oF 2.\cMc :CHAPTER :2, .THE · SUBMERGED :'.'.LANDS"';:ACT: :·. SPECIFYING. .. . . ·.. . OTHER PU~PQSE~/·: .. ; •... , .. ; .:.i, .J::"· .. ·:·. resent Reyes Date:· Housi .,;;ff t!Itl71~!f i:(· FIRST AND ~INALi ~E~DING.,:)::. January 2){ 19~0 ·' ~/.: i~}i:f . , . ih\< ' . > ~ ' .'•' . ,.,):·;:-' ': :,, :, ··\:. SENATE ACTION•:· SECOND AND FINAL READING: .. , : ; -•'"?W-\~;;;;J' i;:i$1tt>-,. January··:4; 1990>·:.; ..... ,, , .. . ,·; .' ·~· J.• •;, ~ . . . ·,/:\~:.···. .,:, ·. ,. '\! ., i PUBLIC LAW NO. 6-42 SIXTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE H . B . NO. 6- 191 THIRD REGULAR SESSION, 1989 S.D.l BE 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 1 4 1 5 1 6 1 7 18 19 AN ACT To provide for a new Article 3 of 2 CMC Chapter 2 , the Submerged Lands Act, Specifying penalties; and for other purposes. IT ENACTED BY THE NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. purpose. The purpose of this Act to reinstate remedies and penalties applicable under the Submerged Lands Act, which were formerly part of the Commonwealth but which were inadvertently repealed by Public Law 6- 13 . Section 2 . A new Article 3 added to 2 CMC, Chapter 2 , the Submerged Lands Act, to read as follows: 3 . Remedies and Penalties 1 2 3 1 . Remedies and Penalties. (a) (1) The Director or the authorized representative of the Director may take such measures, including the boarding or inspection of any vessel, artificial island, installation, or structure, or the arrest of any person or vessel, as may be necessary to ensure compliance with the provisions of this Chapter or any rule or regulation issued under this Chapter, and the right of hot pursuit shall apply. (2) Any vessel or aircraft utilized to carry out the provisions of this subdivision shall be Page 1 H.O.l, is Code Addition. is "Article I . PUBLIC NO. 6-42 House Bill No. 6-191, S.D.l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 clearly marked and identifiable as being on government service and shall be specifically authorized to such effect. ( 3 ) In any case of arrest or detention of a foreign vessel pursuant to this Chapter, the Director shall promptly notify or cause to be notified, through any appropriate channel, the flag State of such vessel regarding the action taken and any penalty subsequently imposed. (b) At the request of the Director, the Attorney General shall institute a civil action in any court of record having jurisdiction for a temporary restraining order, injunction, or other appropriate remedy to enforce any provision of this Chapter or any rule or issued under this Chapter. (c) If any person fails to comply with any provision of this Chapter, or any rule or regulation issued under this Chapter, after notice of such failure and expiration of any reasonable period allowed for corrective action, such person shall be liable for a civil penalty of not more than $10,000 for each day of the continuance of such failure. The Director may assess and collect any such penalty. be assessed until the person charged with a violation has been given an opportunity for a hearing. No penalty shall Page 2 H,D,1, regul~tion , PUBLIC LAW 6-42 House Bill No. 6- 191 , H . D . l , S . D . l 1 2 3 4 5 6 7 8 9 1 0 11 12 1 3 14 1 5 16 17 18 19 20 2 1 22 23 24 2 5 (d) Whenever the holder of any license, lease or permit fails to comply with any of the provisions of this Chapter, or of the license, lease, or permit, or of any rule or regulation issued under this Chapter, such license, lease, or permit may be forfeited and cancelled by an appropriate proceeding in any court of record having jurisdiction. (e) Any person who knowingly and willfully: (1) Violates any provision of this Chapter, or any rule or regulation issued under this Chapter; or ( 2 ) Makes any false statement, representation, or certification to the Director or the authorized representative taking action pursuant to subdivision (a), or any application, record, report, or other document filed or required to be maintained under this Chapter; or ( 3 ) Falsifies, tampers with, or renders inaccurate any monitoring device or method of record required to be maintained under any rule or regulation issued pursuant to this Chapter; shall, upon be punished by a fine of not more than $ 2 0 0 , 0 0 0 , or by imprisonment for not more than 10 years, or both. Page 3 NO. Director's in QOl'W ict iqn I . PUBLIC 6-42 House Bill No. 6- 191, S . D . l 1 2 3 4 5 6 7 8 9 10 11 12 1 3 14 1 5 16 17 18 19 20 2 1 22 23 24 2 5 Each day that a violation under subdivision (e) (1) continues, or each day that any monitoring device or data recorder remains inoperative or inaccurate because of any activity described in subdivision (e) shall constitute a separate violation. (f) Whenever a corporation or other entity is subject to prosecution under subdivision (e), any officer or agent of such corporation or entity who knowingly and willfully authorized, ordered, or carried out the proscribed activity shall be subject to the same fines or imprisonment, or both, as provided for under such subdivision. The remedies and penalties prescribed this Section shall be concurrent and cumulative and the exercise of one shall not preclude the exercise of the others. this Section shall be in addition to any other remedies and penalties afforded by any other law or Section 3 . Clause. The provisions of this Further, the remedies and penalties prescribed Act are severable and if any provision or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality, or inapplicability shall not affect or impair the remaining provisions of this Act. Page 4 I.AWNO. .. H.D.l, (g) in in regulation." Severabi l lli PUBLIC NO. 6-42 House 1 Section e Date This Act shall take effect 2 3 without such approval. upon its approval by the Governor or upon its becoming law ATTESTED BY: SABLAN FRANCES Vice of the House Acting House Clerk of Page 5 I.AW '• .. ijill No. 6-191, H.O.l, s.0.1 4. Eff§ctiy ff8B8 ~ !!!!§i3i8"' IORENZ J OS TiEX'N GfJERREro : r ,~.r ::) n I J, Mariana ands