Commonwealth Aquaculture Development Act of 2006 (P. L. 15-43)

Benigno R. Fitial Governor GOV. COMM. (6, I III8 (HOUSE) • COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Timothy P. Villagomez Lieutenant Governor JAN 14 Z007 The Honorable Joseph M. Mendiola Senate President, The Senate Fifteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 The Honorable Oscar M. Babauta Speaker, House of Representatives Fifteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: This is to inform you that I have signed into law House Bill 15-67, HSI entitled, "To mandate that the Northern Marianas College Cooperative Research Extension and Education Service shall be the Commonwealth's lead authority to establish a Commonwealth Aquaculture Development Program; and for other purposes," which was passed by the Fifteenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 15-43. Copies bearing my signature are forwarded for your reference. OR. FITIAL cc: Special Legal Counsels, Office ofthe Governor Legal Counsel, Office ofthe Lt. Governor Attorney General, Office ofthe Attorney General Secretary, Department of Public Lands Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2300 Facsimile: (670) 664-2211/2311 Secretary, Department ofCommerce Commonwealth Development Authority CIP Coordinator, CIP Northern Marianas College Senior Policy Advisor Special Assistant to the Administration Special Assistant for Programs and Legislative Review Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-220012300 Facsimile: (670) 664-221112311 'The House ofCRspresentatives NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.o. BOX 500586 SAIPAN, MP 96950 • December 7, 2006 The Honorable Timothy P. Villagomez Acting Governor Commonwealth of the Northern Mariana Islands Capitol Hill Saipan, MP 96950 Dear Acting Governor Villagomez: PUBLIC LAW NO. 15-43 I have the honor of transmitting herewith for your action H. B. No. 15-67, H81, entitled: "To mandate that the Northern Marianas College Cooperative Research Extension and Education Service shall be the Commonwealth's lead authority to establish a Commonwealth Aquaculture Development Program; and for other purposes." The Bill was passed by the House of Representatives and the Senate of the Fifteenth Northern Marianas Commonwealth Legislature. Sincerely yours, Attachment BOUSE OF ItEPBESEN'I'Jl'l'lVES FIFTEENTH NORTHERNMulANu COMMONWEALTH LEGISLATURE SECOND REGULAR SESSION, 2006 PUBLIC LAW NO. 15-43 H. B. No. 15-67, HS1 AN ACT To mandate that the Northern Marianas College Cooperative Research Extension and Education Service shall be the Commonwealth's lead authority to establish a Commonwealth Aquaculture Development Program; and for other purposes. In the HOUSE OF REPRESENTATIVES Offered by Representatives: Martin B. Ada, Edwin P. Aldan, Oscar M. Babauta, Francisco S. Dela Cruz, Florencio T. Deleon Guerrero, Jacinta M. Kaipat, Jesus SN. Lizama, Crispin M. ago, Arnold I. Palacios, Absalon V. Waki, Jr., and RayN. Yumul Date: February 9, 2006 Referred to: Committee on Natural Resources Public Hearing: None Standing Committee Report: None Passed First Reading June 12, 2006 Final Reading on August 8, 2006 In the SENATE Referred to: Committee on Resources, Economic Development and Programs Public Hearing: None Standing Committee Report No. 15-77 Passed Final Reading on November 30,2006 " HOOSE OF' REPRESENTATIVES FIFTEENTH NoR1HERN MARIANAS ~TIll.EGISLATIJRE FIRST REGuLAR SEssHW. 2006 PUBLIC LAW NO. 15-43 H. B. NO.l5-67, HSl AN ACT To mandate that the Northern Marianas College Cooperative Research Extension and Education Service shall be the Commonwealth's lead authority to establish a Commonwealth Aquaculture Development Program; and for other purposes, BE IT ENACTED BY THE FIFTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: 1 Section 1. Title. This act may be cited as the "Commonwealth Aquaculture 2 Development Act of 2006." 3 Section 2. Findings. The Legislature finds that the Commonwealth supply of 4 seafood has greatly diminished through the years due to over-fishing and over-harvesting. 5 Although regulation and conservation of our marine resources are essential in ensuring the 6 availability of such resources, alternative measures must be implemented to protect and 7 preserve our marine resources. A robust aquaculture industry has the most potential to fill 8 the seafood needs of the Commonwealth. The Commonwealth is surrounded by the Pacific 9 ocean and therefore has the great potential for developing a thriving aquaculture industry. 10 The Legislature further finds that 3 CMC § 1305 established that one of the main 11 purposes and functions of the Northern Marianas College is to serve as the land-grant college 12 in the Commonwealth in accordance with federal laws and to promote, develop and 13 administer agricultural education programs, including but not limited to agricultural 14 extension services and agricultural and aquacultural research. As a result, the Northern 15 Marianas College Cooperative Research Extension and Education Service has been actively 16 promoting and developing programs and research to assist our community. Such programs 17 and research have assisted in the establishment of tilapia and shrimp cultivation. 18 The Legislature further finds that there are several federal grants including grants 19 from the U.S. Department of Commerce and Department of Agriculture available for the PUBLIC LAW NO. 15-43 HOUSEBILL No. 15-67, HS1 1 Commonwealth to develop an aquaculture program, which the Northern Marianas College 2 Cooperative Research Extension and Education Service have been taking advantage. 3 Because of its success, the Legislature deems it appropriate to mandate that the Northern 4 Marianas College Cooperative Research Extension and Education Service be established as 5 the Commonwealth's lead authority to further develop the aquaculture industry and other 6 related programs. 7 Section 3. Aquaculture Policy. The Legislature declares that aquaculture has the 8 potential for reducing the dependence of imported seafood, raising the availability and 9 consumption of locally produced seafood, rebuilding depleted wild fisheries and marine 10 species stocks through enhancement programs, reducing fishing pressure on marine 11 resources, creating new employment opportunities in the processing and production of 12 fishery products, and stimulating economic growth by creating a thriving aquaculture 13 industry and promoting ecotourism in the Commonwealth. It is, therefore, in the best 14 interest, and it is the Commonwealth's policy, to encourage and promote the development of 15 aquaculture in the Commonwealth. 16 Section 4. Commonwealth Aquaculture Development Program. 17 § 101. Mandate. 18 The Northern Marianas College Cooperative Research Extension and 19 Education Service shall be the Commonwealth's lead authority to develop and 20 implement a Commonwealth Aquaculture Development Program consistent with the 21 provisions of the U.S. National Aquaculture Act of 1980, 16 U.S.C. 2801, et seq., as 22 amended. 23 § 102. Commonwealth Aquaculture Development Plan. 24 The Northern Marianas College Cooperative Research Extension and 25 Education Service shall establish a Commonwealth Aquaculture Development Plan. 26 The plan shall include building and operating an aquaculture facility in the 27 Commonwealth. 28 § 103. Coordination of Aquaculture Activities. 29 In establishing the plan, the Northern Marianas College Cooperative Research 30 Extension and Education Service shall consult and coordinate its efforts with the 31 Department of Commerce, the Department of Lands and Natural Resources, Division Page 2 .. PUBLIC LAW NO. 15-43 HOUSE BILL No. 15-67, HSI 1 of Fish and Wildlife, the Department of Public Lands, representatives of the local 2 aquaculture industry, and other appropriate local government agencies, and federal 3 agencies. 4 Section 5. Severability. If any provision of this Act or the application of any such 5 provision to any person or circumstance should be held invalid by a court of competent 6 jurisdiction, the remainder of this Act or the application of its provisions to persons or 7 circumstances other than those to which it is held invalid shall not be affected thereby. 8 Section 6. Savings Clause. This Act and any repealer contained herein shall not be 9 construed as affecting any existing right acquired under contract or acquired under statutes 10 repealed or under any rule, regulation, or order adopted under the statutes. Repealers 11 contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. 12 The enactment of the Act shall not have the effect of terminating, or in any way modifying, 13 any liability, civil or criminal, which shall already be in existence on the date this Act 14 becomes effective. 15 Section 7. Effective Date. This Act shall take effect upon its approval by the 16 Governor or becoming law without such approval. CERTIFIED BY: ATTESTED TO BY: NIGNO R. FITIAL GOVERNOR COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Page 3