Public Law 15-41

Benigno R. Fitial Governor GOV. COMM. /5--flJll (HOUSE) • COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Timothy P. Villagomez Lieutenant Governor JAN 11 2007 The Honorable Joseph M. Mendiola Senate President, The Senate Fifteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 The Honorable Oscar M. Babauta Speaker, House ofRepresentatives 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 15-183, lID1, entitled, "To amend 2 CMC § 5601; and for other purposes," which was passed by the Fifteenth Northern Marianas Commonwealth Legislature. This measure allows hotels to remove seaweed and sea grass from safe swimming zones fronting or adjacent to them by exempting them from Public Law 11-63. When Public Law 11-63 took effect in February 18, 1999, there was grave concern that the seaweed, sea grass, sea cucumbers, and other edible echinoderms were declining with no opportunity to recover, which made it inadvisable to harvest them. However, the CNMI's ever increasing dependence on the tourism industry to revive our ailing economy begs for this legislation. With the continuous decline of the garment industry, it is important to improve and strengthen our tourism industry. One component of improving the tourism industry is through destination enhancement. The beaches of the CNMI are advertised to potential tourists as beautiful and clean. The term "miles and miles of white sandy beaches" is often used. Yet, in the recent years, our tourists visit our islands only to find uninviting, unattractive, seemingly unclean beaches as a result of the seaweeds, sea grass, and sea cucumbers. Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2300 Facsimile: (670) 664-2211/2311 In order to attract repeat and first time tourists, our islands must be competitive with other vacation destinations. Presenting pristine beaches will clearly help achieve that goal. I commend the legislature for introducing this legislation. We must continue working collaborative1y to improve the CNMI for our people. This bill becomes Public Law No. 15-41. Copies bearing my signature are forwarded for your reference. Sincerely, .~ ORFITIAL cc: Special Legal Counsels, Office ofthe Governor Legal Counsel, Office ofthe Lt. Governor Attorney General, Office of the Attorney General Commissioner, Department of Public Safety Secretary, Department ofCommerce Secretary, Department ofPublic Health Secretary, Department ofPublic Works Secretary, Department ofCommunity and Cultural Affairs Secretary, Department ofFinance Marianas Visitors Authority Coastal Resources Management All Department and Activity Heads All Mayors All Municipal Councils Senior Policy Advisor Special Assistant to the Administration Special Assistant for Programs and Legislative Review Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2300 Facsimile: (670) 664-2211/2311 fJ'he House of~resentatif)es NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. BOX 500586 SAIPAN, MP 96950 December 6, 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. 15-41 I have the honor of transmitting herewith for your action H. B. No. 15-183, HD1, entitled: "To amend 2 CMC § 5601; 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 ROUSE OF ltEPRESENT&TIVES FIF'1'EENTH NORTHERN M1UuANAS COMMONWEALTH LEGISLATURE SECOND REGULAR SESSION, 2006 PUBLIC LAW NO. 15-41 H. B. No. 15-183, HD1 AN ACT To amend 2 CMC § 5601; and for other purposes. t Offered by Representative: Arnold 1. Palacios Date: September 26, 2006 Referred to: None Public Hearing: None Standing Committee Report: None Passed First and Final Reading on September 27,2006 In the SENATE Referred to: Committee on Resources, Economic Development an Programs Public Hearing: None Standing Committee Report No. 15-78 Passed Final Reading on November 30,2006 / Clerk HOUSE OF REPRESENTATIVES FIFTEENTH NORTHERN MARIANAS C<IIIoNlEALTH LEGISLATURE SECOND REGuLAR SESSION, 2006 PUBLIC LAW NO. 15-41 H. B. No. 15-183, HDI AN ACT To amend 2 CMC § 5601; and for other purposes. BE IT ENACTED BY THE FIFTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: 1 Section 1. Findings and Purpose. The Legislature finds that tourism is an important 2 economic component of the Commonwealth of the Northern Mariana Islands. In addition, the 3 CNMI tourism industry attracts over 500,000 visitors a year throughout Asia and beyond. 4 One of the CNMI's greatest assets, and a major consideration of those visiting our islands are 5 our pristine beaches and ocean. However, increased development and inadequate 6 infrastructure has resulted in the increased growth of seaweed and sea grass on our 7 beachfronts. The increased proliferation of these seaweed and sea grass has resulted in a 8 negative impression of our oceans by our visitors and is of great concern to the Marianas 9 Visitors Authority as well as its travel industry partners. 10 Section 2. Amendment. 2 CMC § 5601 is hereby amended to read as follows: 11 "§ 5601. Moratorium. 12 (a) There is hereby established for a period of at least ten years a 13 moratorium on the harvest of all non-commercially grown seaweed, sea grass, or sea 14 cucumbers or other edible echinoderms. Such moratorium may be extended in whole 15 or in part by the Secretary of the Department of Lands and Natural Resources after 16 ten years should it be determined the population of seaweed, sea grass, or sea 17 cucumbers and other edible echinoderms have not sufficiently recovered and 18 permitting harvest is still inadvisable. PUBLIC LAW NO. 15-41 HOUSE BILL No. 15-183, HD1 (b) Exemption. Any hotel directly fronting or adjacent to the Saipan 2 lagoon shall be exempted from subsection (a). The Coastal Resources Management 3 Office in consultation with the Division of Fish and Wildlife shall promulgate rules 4 governing the area of allowance for the removal of seaweed and sea grass. Provided 5 that, the area of allowance shall be limited to that within the safe swimming zone or 6 other designated public beach areas as established by the Coastal Resources 7 Management (CRM)." 8 Section 3. Severability. If any provision of this Act or the application of any such 9 provision to any person or circumstance should be held invalid by a court of competent 10 jurisdiction, the remainder of this Act or the application of its provisions to persons or 11 circumstances other than those to which it is held invalid shall not be affected thereby. 12 Section 4. Effective Date. This Act shall take upon its approval by the Governor or 13 upon its becoming law without such approval. CERTIFIED BY: ATTESTED TO BY: 11 t!::y or$ I1VA.?J ~ oR. FITIAL G ERNOR COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Page 2 ,2006