Public Law No. 17-57

· 'G"- ~~ -·-··~··-·I.I" .....~ . 1 I!d ~a m'·OV. lvt;., nO.tl:cN:t COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Eloy S. Inos Governor Benigno Lt. Governor ,': t' 6 2011 Paul A. Manglona :serlate President, The Senate Se1renteenth Northern Marianas Legislature U"UJu.u, MP 96950 Eliceo D. Cabrera House ofRepresentatives Selfentee.nth Northern Marianas \j;OmtlnorlW(!an:n Legislature L')a)JJan, MP 96950 Mr. President and Mr. Speaker: is to inform you that I have signed into law Senate Bill No. 17-53, HDI entitled, "To anllena 2 CMC § 5631 and § 5634, as it applies to the surrounding waters of the municipality of to ensure that such regulations do not restrict the rights of persons to engage in non­ net-fishing; and for other purposes," which was passed by the House of KdiPn::selatau·ves and the Senate of the Seventeenth Northern Marianas Commonwealth bill becomes Public Law No. 17-57. Copies bearing my signature are forwarded for your 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 Progranls and Legislative Review ~~;~~~~aipan, MP 96950 Telephone: (670) 664-2200/2201 F,,,hnile: (670) 664-2211 ~ PUBLIC LAW NO. 17-57 • TH£SENAT£ NORTH£RN MARIANAS COMMoNWEALTH LEEiISLATURE SENATE. BILLNO. 17-58. 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. Offer d by Senator(s): Francisco Q. Cruz Date: December 01, 20 1 0 Refer ed to: None Stand ng Committee Report No.: None Final ~eading: December 09, 2010 Refer ed to: Committee on Natural Resources Stand ng Committee Report No. 17-89 (Adopted on August 09,2011) First nd Final Reading: August 09,2011 TOR JOVITA M. TAIMANAO ENATE LEGISLATIVE SECRETARY i iiI:)' PLBLIC LAW NO. 17-57 Ii I' : THE SENATE SEVENTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE SECOND REGULAR SESSION, 2010 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 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, 31 controlled, protected and preserved by the Legislature for the benefit of the people." The i 41) Division of Fish and Wildlife, in furtherance of Public Law 12-14, "the Fair Fishing Act of 51· 2000:' further discussed herein, recently proposed the promulgation of regulations baaming i 6i I the use of many forms of nets for fishing, such regulations to be imposed throughout the 7! ' CNMI. The Legislature finds that such proposed regulations fail to take into account the I ~ 81 economic and social realities of the CNMI and the need for non-commercial net-fishing as a I 9! source of food for the people of the CNMI that have traditionally relied on such fishing ! 10l methods to support and sustain themselves and their families. The Legislature notes that the •, 1 111 Division of Fish and Wildlife has adopted a narrow interpretation of "non-traditional" , 121 fishing methods including the use of all fishing nets except the throw net (talaya). The I ~ j ~ I PUBLIC LAW NO. t 7-57 1 2i. 3' 4 S 6 7' 8 9 10 umesugon) trap (chenchulun managam) legal 11 surrounding the Second Senatorial District when used for non-commercial purposes SENATE BILL NO. 17-53, HDI Legislature finds that current law must be specifically amended to ensure that the rights of persons to engage in non-commercial net-fishing be safeguarded, provided that such rights be restricted to non-commercial net-fishing 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 or nets shall be in the waters only. Non-commercial purpose means fish caught for personal or immediate family use. Any sales or distribution beyond ones immediate family shall be a violation of this law." 15' I (b) 2 CMC § 5634 is amended to read as follows: I161 , ,.§ 5634: All violations of this law shall be punished as follows, first violation, $200 171 fine, second violation $400 fine, and the third violation up to $1000 fine, all subsequent violations shall be punished by up to a $1000 fine and up to 10 days in jail." Section 3. Severability. If any provisions of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or Page 2 PUBLIC LA\V NO. 17-57 . . SENATE BILL NO. 17-53, HD1 circumstances other than those to which it is held invalid shall not be affected thereby. Section 4. Savings Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Rcpealers I 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 effect of terminating, or in any way 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 effect upon its approval by the Governor, or it's becoming law without such approvaL ATTESTED BY: ~A~N~A~O--­ SENATE LEGISLATIVE SECRETARY Governor Commonwealth of the Northern Mariana Islands Page 3 I I