An Act to amend 2 CMC § 5104, to establish a mandatory catch recording and reporting system and for other purposes. (P.L. 17-89)

Benigno R. Fitial Governor Honorable Eliceo D. Cabrera Speaker, House ofRepresentatives Seventeenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Honorable Paul A. Manglona Senate President, The Senate Seventeenth 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. 17-282 entitled, "To amend 2 CMC § 5104, to establish a mandatory catch recording and reporting system and for other purposes," which was passed by the House of Representatives and the Senate of the Seventeenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 17-89. Copies bearing my signature are forwarded for your reference. cc: Lt. Governor; Attorney General's Office; Press Secretary; Special Assistant for Administration; Special Assistant for Programs and Legislative Review Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2201 Facsimile: (670) 664-2211 Public Law No. 17-89 Seventeentli Legisfature oftlie Commonweaftli oftlit Nortliern !Mariana IsfandS IN THE HOUSE OF REPRESENTATIVES Fifth Regular Session March 22, 2012 Representative Ray N. Yumul, of Saipan, Precinct 3 (jor himself, Representatives Joseph M. Palacios and Ramon A. Tebuteb) in an open and public meeting with an opportunity for the public to comment, introduced the following Bill: B. B. 17-282 AN ACT TO AlIENO 2 CMC 15104, TO ESTABUSH A JUN'DATORY CATCH RECORDING AND REPORTING SYSTEM AND FOR OTHER PURPOSES. The Bill was referred to the House Committee on Natural Resources. THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON FIRST AND FINAL READING, APRIL 26, 2012; without amendments and transmitted to the THE SENATE. The Bill was referred to the Senate Committee on Resources, Economic Development and Programs. THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING, OCTOBER 11,2012; without amendments. H. B.17-2S2 WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 15,2012. THE BILL WAS FINALLY PASSED ON APRIL 26, 2012. s:~Li.d~e Clerk Public Law No. 17-89 Seventeenth £egisCature oftlie Commonwea(tli oftlit! Nortliem :Mariana Isfanas IN THE HOUSE OF REPRESENTATIVES Second Day, Second Special Session April 26, 2012 D. B. 17.282 AN ACT TO AlIENO Z CIIC I 5104, TO ESTABUSH A IlANDATORY CATCH RECORDING AND REPORTING SYSTEII AND FOR OTHER PURPOSES. Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature: 1 Section 1. Findings and Purpose. The Legislature finds that since the enactment of 2 Public Law 2-51, the Division of Fish and Wildlife within the Department of Natural 3 Resources assumed the responsibility for the protection of fish, game and endangered and 4 threatened species exclusively within the CNMI. 5 6 7 8 Over the years, the Division of Fish and Wildlife has asked and received cooperation with various persons and business entities to provide data on all fish harvested for commercial and retail sale. Such information included types of fish harvested and their measurements such as weight and length. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Public Law No. 17-89 HOUSE BILL 17-282 The Legislature additionally finds that within just the last few years, the cooperation given the Division of Fish and Wildlife has decreased and the stakeholders have become reluctant to submit the voluntary infonnation needed for the Division to adequately monitor and report annual catch so that the CNMI can benefit from the data being generated for future reference and to implement plans for a continued sustainment of this ocean resource. The Legislature lastly finds that it is in the best interest of the CNMI to grant the Division of Fish and Wildlife the option to require catch recording by regulation. Section 2. Amendment. 2 CMC § 51 04 (b) 7 is hereby amended to include the following: "(g) Establish a catch recording and reporting system for any individual and/or business engaged in the commercial harvest of fish products within the Commonwealth waters; (h) Establish a recording and reporting system for any individual and/or business engaged in the commercial purchase and/or sale of locally harvested fish products." 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 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 2 1 2 3 4 5 Public Law No. 17-89 HOUSE BILL 17-282 repealed or under any rule, regulation, or order adopted under the statutes. Repealers 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. 3 Public Law No. 17-89 HOUSE BILL 17-282 1 Section 5. Effective Date. This Act shall take effect upon its approval by the 2 Governor, or its becoming law without such approval. Attested to by: Linda B. Muiia, House Clerk Certified by: Governor Commonwealth ofthe Northern Mariana Islands 4