Public Law 29-127 - An Act to add a new §63133 to Chapter 63 of Title 5, Guam Code Annotated, relative to indigenous fishing rights

P.O. Box 2950 Hagatiia, Guam 96932 TEL: (671) 472-8931 • FAX: (671) 477-4826 • EMAIL: govemor@mail.gov.gu Felix P. Camacho Governor Michael W Cruz, M.D. Lieutenant Governor The Honorable Judith T. Won Pat, Ed.D. Speaker Mina' Bente Nuebi Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Speaker Won Pat: 3 1 DEC 2008 Transmitted herewith is Bill No. 327(LS), "AN ACT TO ADD A NEW §63133 TO CHAPTER 63 OF TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO INDIGENOUS FISHING RIGHTS" now designated as Public Law 29-127. Sinseru yan Magahet, Q,14,~-f:r----...... , FELIX P. CAMACHO I Maga 'lahen Guahan Governor of Guam Attachment: copy of Bill cc: The Honorable Tina Rose Muna Barnes Senator and Legislative Secretary ;i. 7- D € ~ ~,c<'r 9 3 . "'•.-,, n, , 1-- t J t } c.:y· , ·.1h n ·c."•--~ ... i[J=P - . ·---·-· ,,., I MINA'BENTE NUEBI NA LIHESLATURAN GUAffAN 2008 (SECOND) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAffAN This is to certify that Bill No. 327 (LS), u AN ACT TO ADD A NEW §63133 TO CHAPTER 63 OF TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO INDIGENOUS FISHING RIGHTS," returned without approval of I Maga'lahen Gui1-han, was reconsidered by I Liheslaturan Guahan and after such consideration, did agree, on the 22nd day of December, 2008, to pass said bill notwithstanding the veto of I Maga'lahen Guahan by a vote of fifteen (15) Members. ~ R se Muna Barnes Senator and egislative Secretary Public Law No. 29- 127 Judith T. Won Pat, Ed. D. Speaker 2008, at I MINA 'BENTE NUEBI NA LIHESLATURAN GUAHAN 2008 (SECOND) Regular Session Bill No. 327 (LS) As amended on the Floor. Introduced By: Judith P. Guthertz, DPA R. J. Respicio Frank F. Blas, Jr. Edward J.B. Calvo B. J.F. Cruz James V. Espaldon Mark Forbes Frank T. Ishizaki J. A. Lujan Tina Rose Muna Barnes A. B. Palacios, Sr. v. c. pangelinan Dr. David L.G. Shimizu Ray Tenorio J. T. Won Pat, Ed.D. AN ACT TO ADD A NEW §63133 TO CHAPTER 63 OF TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO INDIGENOUS FISHING RIGHTS. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds 3 that prior to the arrival of the Spanish, the Chamorro people subsisted primarily on 4 fishing, both within and outside the reef. The Spanish discriminated against the 5 Chamorro people by prohibiting fishing outside the reef as well as placing various 6 restrictions on off-shore fishing inside the reef, forcing the Chamorro people to 7 become farmers rather than fishermen. 1 , 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 26 27 The American Naval administration continued policies which hampered the free exercise of traditional fishing practices of the Chamorro people. In spite of this historical discrimination, Chamorros were able to maintain their traditions and skills for off-shore fishing inside the reefs. Now, those traditions and skills are in danger of being lost in the face of modern conservation restrictions and the pressures of population growth caused by the influx of non-Chamorro peoples into Guam that have increasingly made the indigenous Chamorros a minority in their own homeland. In 1977, the people of Guam elected representatives to a Constitutional Convention which included special fishing rights for the Chamorro people in the draft constitution of Guam that was approved on December 15, 1977. The draft Guam Constitution contained the following Section: "Article XI Chamorro Culture, Section 2 Economic Development. To redress past discrimination and provide equal opportunity for the Chamorro people, special rights for Chamorros to off-shore fishing and harvesting of resources may be provided by law." The draft Constitution of Guam, containing this provision, was approved by the U.S. Congress. It is, therefore, the intent of I Liheslatura to establish special rights for Chamorros to off-shore fishing and harvesting of resources as approved by the U.S. Congress. Section 2. A new §63133 is hereby added to Chapter 63 of Title 5, Guam Code Annotated, to read as follows: "§63133. Indigenous Fishing Rights. The policy of the government of Guam is that the Chamorro people shall have special rights to off-shore fishing and harvesting of resources in order to redress historical discriminatory policies. The Chamorro people, the Native Inhabitants of 2 1 Guam, are defined in Title 1 GCA §2102 as "those persons who became 2 U.S. Citizens by virtue of the authority and enactment of the 1950 Organic 3 Act of Guam and descendants of those persons." 4 The Department of Agriculture is hereby tasked to develop rules and 5 regulations to put this policy into effect and submit the draft rules and 6 regulations, in accordance with the Administrative Adjudication Act (AAA), 7 Title 5, Guam Code Annotated, Chapter 9, to I Liheslatura for review and 8 approval. Such rules and regulations may be revisited annually for revision 9 through the AAA process. 1 o At all stages of development of the rules, the Department shall seek 11 the input of and consult with an Indigenous Native Resources Task Force, 12 which shall be comprised often (10) voting members: four (4) men, four (4) 13 women, and two (2) youths of adult age, all of Chamorro ancestry. The 14 Task Force shall be comprised of one (1) representative each elected from 15 no more than ten (10) Chamorro grassroots organizations. Each Task Force 16 member shall be a resident of Guam for at least five (5) years. The Task 17 Force shall participate together with the Department of Agriculture in the 18 formulation of the rules and regulations required by this Section." 19 Section 3. Submission and Enactment. The Department of Agriculture 20 shall submit draft rules and regulations for consideration by the AAA process 21 within ninety (90) days of enactment of this Act into law. 3