Public Law No. 17-13

Gov. Msg~ No.fl:~\l COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Henl~:no R. Fitial Eloy S. Inos Lt. Governor Honorable Paul A. Manglona Senate President, The Senate AUG-4.l0JOSeventeenth Northern Marianas , ',> ":- .." ;-, -""~'\'l Commonwealth Legislature ,Saipan, MP 96950 '" , Honorable Froilan C. Tenorio Speaker, House ofRepresentatives Seventeenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: This is to inform you that I have signed into law H.B. 17-33, HOI, entitled, "To amend Section 3 of Public Law 12-14, as it applies to the surrounding waters of the municipality ofRota, to " ensure that such regulations do not restrict the rights of persons to engage in non-commercial net-fishing, provided that such right be restricted to non-commercial net-fishing for the · purpose of obtaining fish for personal or immediate family consumption, to also ensure that the · definition of "non-traditional fishing methods" is not misinterpreted to include non-commercial • net-fishing; 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. 17-13. Copies bearing my signature are forwarded for your · reference. cc: Lt. Governor Attorney General Press Secretary Department Lands & Natural Resources 1\,{.,,,rH' ",-fRAt", Commonwealth's Law Revision Commission Special Assistant for Programs and Legislative Review Public Law NO. 17-13 Se:venteentli £egisfature oJtfte Commonwea{tli ofthe :Nortliern ::M.ariana Isfantfs IN THE HOUSE OF REPRESENTATIVES First Regular Session March 11,2010 Representative Teresita A. Santos of Rota, Precinct 7 (for herself, Representatives Ramon S. Basa, Felicidad T. Ogumoro, and Edmund S. Villagomez) in an open and public meeting with an opportunity for the public to comment, introduced the following Bill: R. BII 17...33 AN ACT To amend Section 3 of Public Law 12-14, as it applies to the surrounding waters of the municipality of Rota, to ensure that such regulations do not restrict the rights of persons to engage in non-commercial net-fishing, provided that such right be restricted to non-commercial net-fishing for the purpose of obtaining fish for personal or immediate family consumption, to also ensure that the definition of "non-traditional fishing methods" is not misinterpreted to include non-commercial net-fishing; and for other purposes. The Bill was referred to the House Committee on Natural Resources, which submitted Standing Committee Report 17-15. THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON FIRST AND FINAL READING, MAY 25,2010; with amendments in the form ofR. B. 17-33, RDI and transmitted to the THE SENATE. The Bill was referred to the Senate Committee on Resources, Economic Development, and Programs and was placed on the Senate Calendar on July 29, 2010. THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING, JULY 29,2010; without amendments. D. B. 17-33, DD1 WAS RETURNED TO THE Dous OF REPRESENTATIVES ON AUGUST 2, 2010 Public Law No. 17-13 Seveuteeutli Legisfature ojtfie Commonweaftft of tlie :Nortfiern 9v1.aria"a lsfantfs IN THE HOUSE OF REPRESENTATIVES 1st Day, Third Special Session May 25,2010 II. B. 17.33" 110I AN ACT To amend Section 3 of Public Law 12-14, as it applies to the surrounding waters of the municipality of Rota, to ensure that such regulations do not restrict the rights of persons to engage in non-commercial net­ fishing, provided that such right be restricted to non-commercial net­ fishing for the purpose of obtaining fish for personal or immediate family consnmption, to also ensure that the definition of "non­ traditional fishing methods" is not misinterpreted to include non­ commercial net-fishing; and for other purposes. Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature: 1 Section 1. Findings. The local delegation of Rota finds that Article XIV, 2 Section 1 of the Commonwealth Constitution, mandates that "the marine 3 resources shall be managed, controlled, protected and preserved by the 4 Legislature for the benefit of the people." The Division of Fish and Wildlife, in 5 furtherance of Public Law 12-14, "the Fair Fishing Act of 2000," further 6 discussed herein, recently proposed the promulgation of regulations banning the 7 use of many fonus of nets for fishing, such regulations to be imposed throughout 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Public Law No. 17-13 HOUSE BILL 17-33, HDI the CNMI. The Legislature finds that such proposed regulations fail to take into account the economic and social realities of the CNMI and the need for non-commercial net-fishing as a source of food for the people of the CNMI that have traditionally relied on such fishing methods to support and sustain themselves and their families. The Legislature further notes that Public Law 12­ 14, "the Fair Fishing Act of 2000," which prohibits certain non-traditional fishing methods, has been misinterpreted by the Department of Lands and Natural Resources and the Division of Fish and Wildlife to extend to all "non-traditional" net-fishing methods. The Legislature notes that the Division ofFish and Wildlife has adopted a narrow interpretation of Public Law 12-14 and has determined, in effect, that "non-traditional" fishing methods include the use of all fishing nets except the throw net (talaya). The Legislature, in light of such misinterpretation of the Legislature's intent in enacting Public Law 12-14, finds that Section 3 of Public Law 12-14 must also be amended to ensure that the rights of persons to engage in non-commercial net-fishing be safeguarded, provided that such rights be restricted to non-commercial net-fishing for the purpose of obtaining fish for personal or immediate family consumption. Section 2. Amendment. Section 3 of Public Law 12-14, pertaining to the prohibition of non-traditional fishing methods, is hereby amended and shall read as follows: "It shall be unlawful for any commercial and non-commercial fishermen to use explosives, poisons, electric shocking devices, scuba tank or hookah 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Public Law No. 17-13 HOUSE BILL 17-33, HD1 when fishing for reef fish and harvesting other marine life within waters of the Commonwealth, provided however, that the use of throw nets (talaya), or the use of the following types of nets provided the net mesh size are no smaller than two inches, drag nets (chenchulun lagua), surround nets (chenchulun umesugon) or trap nets (chenchulun managam) shall be legal in the waters surrounding the First Senatorial District when used for non­ commercial purposes only. Non-commercial purpose means fish caught for personal or immediate family use. Any sales or distribution beyond ones immediate family shall be a violation ofthis law." Section 3. Penalties. All violations of this law shall be punished as follows, first violation $200 fine, second violation $400 fine, and the third violation up to $1000 fine, all subsequent violations shall be punished by up to a $1000 fine and up to 10 days in jaiL Section 4. 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 5. 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 ,. Public Law No. 17-13 HOUSE BILL 17-33, HD1 I instituted under or pursuant to prior law. The enactment of the Act shall not have 2 the effect of terminating, or in any way modifying, any liability, civil or criminal, 3 which shall already be in existence on the date this Act becomes effective. 4 Section 6. Effective Date. This Act shall take effect upon its approval by 5 the Governor, or its becoming law without such approval. Attested to b~ Certified by: day of Governor ,2010 Commonwealth ofthe Northern Mariana Islands