Public Law 15-90

Benigno R. Fitial Governor GO~COMM. ~.~~ (HOUSE) COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Timothy P. Villagomez Lieutenant Governor 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: OCT 02 2007 This is to inform you that I have signed into law Senate Bill 15-90, SD1, entitled, "To create a Marine Reserve Area on Tinian from Southwest Carolinas Point and to Puntan Diablo; and for other purposes," which was passed by the Fifteenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 15-90. Copies bearing my signature are forwarded for your reference. Sincerely, cc: Special Legal Counsels, Office ofthe Governor Legal Counsel, Office of the Lt. Governor Attorney General, Office of the Attorney General Secretary, Department ofLands and Natural Resources Chairman, Tinian Municipal Council Director, Historical Preservation Office Secretary, Department of Public Lands Director, Coastal Resources Management 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 The Senate NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.o. Box 500129 Saipan, MP 96950 August 27,2007 The Honorable Benigno R. Fitial Governor Commonwealth of the Northern Mariana Islands Capitol Hill Saipan, MP 96950 Dear Governor Fitial: PUBLIC LAW NO. 15-90 I have the honor of transmitting herewith Senate Bill No. 15-90, SD1, entitled, "To create a Marine Reserve Area on Tinian from Southwest Carolinas Point and to Puntan Diablo; and for other purposes," which was passed by the Senate and the House of Representatives of the Fifteenth Northern Marianas Commonwealth Legislature. Sincerely yours, i'-----'''' ' ~:>,'~'-- ,-~. / Dolores S. Berrdudesl Senate Clerk I \ Attachment \ /7 ~.e.-Z THE SENATE FIFTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE PUBLIC-LAW NO. 15-90 SENATE BILL NO.1S-90, SDl AN ACT TO CREATE A MARINE RESERVE AREA ON TINIAN FROM SOUTHWEST CAROLINAS POINT AND TO PUNTAN DIABLO, AND FOR OTHER PURPOSES. Offered by Senator(s): Joseph M. Mendiola Date: May 10, 2007 Referred to: Resources, Economic Development and Programs Standing Committee Report No.: 15-107 Final Reading: July 26, 2007 Referred to: None Standing Committee Report No.: First and Final Reading: August 21, 2007 FIFTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE SECOND SPECIAL SESSION, 2007 AN ACT PUBLIC LAW NO. 15-90 SENATE BILL NO. 15-90. SD1 TO CREATE A MARINE RESERVE AREA ON TINIAN FROM SOUTHWEST CAROLINAS POINT AND TO PUNTAN DIABLO, AND FOR OTHER PURPOSES. BE IT ENACTED BY THE FIFTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: 1 Section 1. Findings and Purposes. The Commonwealth Legislature finds that 2 there is a need to preserve the marine environment for its natural and pristine beauty, and to 3 regulate the fishing and harvesting of other marine life in the area located from the 4 Southwest Carolinas Point to Puntan Diablo Point to Tachongna Beach. The 5 Commonwealth Legislature further finds that the protection of marine life in this area will 6 be best accomplished by establishing a marine reserve area wherein fishing and other 7 potentially harmful activities to the marine life shall be restricted. The purpose of this act is 8 to restrict activities in said area and to provide for penalties. 9 Section 2. Marine Reserve Area. This Act shall create a marine reserve area, to be 10 located from the Southwest Carolinas Point to Puntan Diablo Point, specifically 11 encompassmg all the areas from Tachogna Beach, Taga Beach, YCC Beach, Kammer 12 Beach, Tinian Harbor, Breakwater area to Leprosarium Beach (aka Nasarinu) and Barcinas 13 i Bay, from the high-tide mark on shore to one-half mile out to the reef. The Department of i 14 i Lands and Natural Resources, in consultation with the Tinian Resident Director of the 15 I Department of Lands and Natural Resources, shall delineate the boundaries of said areas by 161 installing buoys to ensure that the boundaries are visible to the general public. I !, ! \.. PUBLIC LAW NO. 15-90 SENATE BILL NO. 15-90, SDI 1 Section 3. Assessment after 3 years. The Division of Fish and Wildlife shall, 2 three years from the effective date of this provision, conduct a marine biologist-certified 3 assessment of the marine life of this area to determine whether the fish population and 4 marine habitat has reached a level adequate for sustainable fishing and harvesting. In the 5 event that the assessment results show that the area has reached a level adequate for 6 sustainable fishing and harvesting, the Secretary of the Department of Lands and Natural 7 Resources, in consultation with the Director of the Division of Fish and Wildlife and the 8 Resident Director of Department of Lands and Natural Resources in the Second Senatorial 9 District, may allow certain activities and impose conditions on such activities, including the 10 period during which such activities may be permitted. 11 Section 4. Activities Restricted. For a period of five years from the effective date 12 of this Act, the removal, disturbance, damage, or destruction of any marine life or habitat, 13 including any fish, coral, lobster, shellfish, clams, octopus or any shellfish, shall be 14 prohibited within the Marine Reserve Area, except that seasonal fish, such as atulai, i'i', and 15 ti'ao may be removed only during their respective seasons. Any other activities which are 16 exploitative or destructive to the marine life or to any historical value of this Area are 17 strictly prohibited, except that aquaculture and marine studies conducted in the area shall not 18 be considered a violation of this Act. 19 Section 5. Enforcement and Remedies. 20 Enforcement of this Act shall be subject to Title 2 Division 5, Chapter 1 (2 CMC 21 §51Ol et. seq.) and shall be the responsibility of the Secretary of the Department of Lands 22 and Natural Resources, in consultation with the Director of the Division ofFish and Wildlife 23 and the Resident Director of Department of Lands and Natural Resources in the Second 24 Senatorial District. The Secretary of the Department of Lands and Natural Resources, in 25 accordance with existing law, shall promulgate such regulations necessary to carry out the 26 purposes of this Act. 27 Section 6. Severability. If any provision of this Act or the application of any such 28 provision to any person or circumstances should be held invalid by a court of competent 29 jurisdiction, the remainder of this Act or the application of its provisions to persons or Page 2 PUBLIC LAW NO. 15-90 SENATE BILL NO. 15-90, SD1 1 circumstances other than those to which it is held invalid shall not be affected thereby. 2 Section 7. Savings Clause. This Act and any repealer contained herein shall not be 3 construed as affecting any existing right acquired under contract or acquired under statutes 4 repealed or under any rule, regulation or order adopted under the statutes. Repealers 5 contained in this Act shall not affect any proceeding instituted under or pursuant to prior 6 law. The enactment of this Act shall not have the effect of terminating, or in any way 7 modifying, any liability (civil or criminal), which shall already be in existence at the date 8 ' this Act becomes effective. 9 ! Section 8. Effective Date. This Act shall take effect upon its approval by the 10 Governor or upon its becoming law without such approval. CERTIFIED BY: ATTESTED BY: p!w;,~ ~~ r MARIA FRICA T. PANG NAN Senate Legislative Secretary tJ this '2,.... day of "'~lAP-'''''-=---=-== , 2007 NIG. G ernor Commonwealth of the Northern Mariana Islands Page 3