Fair Fishing Act of 2000 (P.L. 12-14)

. , . . , GOV. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Pedro Tenorio Governor Jesus R. Lt. Governor The Honorable R. Speaker, House of Representatives Twelfth Northern Marianas Saipan, MP 96950 Commonwealth Legislature AUG 2 5 Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200 Fax: (670) 664-221 1 and The Honorable Paul A. Manglona Senate President Twelfth Northern Marianas Saipan, MP 96950 Commonwealth Legislature Dear Mr. Speaker and Mr. President: This is to inform you that I have signed into law House Bill No. 12-16, cited as "The Fair Fishing Act of 2000," which was passed by the Twelfth Northern Marianas Commonwealth Legislature. The rapid depletion of marine life around our islands is a serious concern to all of us, including our youth who I understand, have passed legislation similar to this bill. This legislation echoes their concerns. Appropriately, H.B 12-16, gives the authority to enforce this measure to the Secretary of Lands and Natural Resources. I anticipate that the Secretary will promulgate regulations to implement the bill. This bill becomes Public Law No. 12-14. Copies bearing my signature are forwarded for your reference. Sincerely, ( CC: Secretary of Lands and Natural Resources Director of Fish Wildlife Special Assistant for Programs Legislative Review .. . . p Sablan Benigno Fitial 2000 HDl, SDI, HDl, SDl, & & . Twelfth Northern Marianas Commonwealth Legislature 12-14 HOUSE BILL NO. 12-16, To prohibit non-traditional fishing methods in the Commonwealth; and for other purposes. I Offered by Jesus T. Attao, Norman S. Palacios, and Alejo M. Mendiola, Jr. Date: February 14,2000 HOUSE ACTION Referred to: Committee on Natural Resources Standing Committee Report: 12-08 1 First and Final Reading: April 1,2000 Accepted Senate Amendments: July 18,2000 SENATE ACTION Referred to: Committee on Resources, Economic Development, and Programs Standing Committee Report: None Second and Final Reading: June 30,2000 HOUSE OF REPRESENTATIVES PUBLIC LA~ NO. HDl, SDl AN ACT ======================.] Representative(s): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TWELFTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIRST REGULAR SESSION, 2000 NO, 12-14 H. B. NO. 12-16, ACT To prohibit non-traditional fishing methods in the Commonwealth; and for other purposes. BE IT ENACTED BY THE TWELFTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Short Title. This act shall be cited as “The Fair Fishing Act of 2000.” Section 2. Findings. The First CNMI Youth Congress introduced and passed a bill prohibit non-traditional fishing methods in the CNMI. The First CNMI Youth Congress finds that non-traditional fishing methods allow for a greater catch than traditional methods. Traditionally, the purpose of fishing was to provide food for the family, not for gain. Non-traditional fishing methods, such as breathing assistance devices and the use of explosive devices are being used to harvest more fish which reduces the number of fish available for people who fish using traditional methods. The Legislature supports the urgency of such legislative measure to preserve the very limited supply of edible fish in our waters. Section 3. Non-traditional Fishing Methods Prohibited. It shall be unlawful for any and non-commercial fishermen to use explosives, poisons, electric shocking devices, scuba tank or hookah when fishing for reef fish and harvesting other marine life within the lagoon or reef and one thousand feet (1,000 outside the lagoon or reef on the waters of the Commonwealth. HDl, SDl AN further :::ommercial :::ommercial ft.) :::oastal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NO. 12-14 HOUSE BILL NO. 12-16, Section 4. Exceptions. The use of explosives, poisons, electric shocking devices, SCUBA or hookah is allowed when authorized by the director of Fish and Wildlife strictly for scientific collections and other purpose as determined by the Secretary of Lands and Natural Resources and the Director of Fish and Wildlife. Special permit shall be issued by the director of Fish and Wildlife for all exceptions. Section 5 . Enforcement. The enforcement of this Act shall be the responsibility of the Secretary of the Department of Lands and Natural Resources, in consultation with the Director of Fish and Wildlife and the resident director of the Department of Land and Natural Resources in each senatorial district. Such enforcement shall be pursuant to the provisions in 2 CMC, Div. 5, Chap. 1, 5 109. Section 6. Penalty. Any person convicted of violating this Act shall be imprisoned for not more than 30 days or fined up to $1,500, or both. Section 7. Severability. If any provision 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 8. 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. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not have the effect of terminating, or in any way any liability, civil or criminal, which shall already be in existence at the date this Act becomes effective. Page 2 PUBLIC LAW' HDl, SDl § modifying, I . .. , 1 2 NO, HOUSE BILL NO. 12-16, Section 9. Effective Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. CERTIFIED BY: ATTESTED TO BY: R. FITIAL SPEAKER OF THE HOUSE GOVERNOR COMMONWEALTH OF THE NORTHERN ISLANDS Page 3 HDl, SDl ~ ~µ ~-this ;;2 J day of ~ = -/Jj'"-J/f.,q<;-.. -====')=,J. , 2000 PEDR<¥P. TENORIO MARIANA