Public Law No. 18-32

GOV. COMM. 'to .. 'Zl.~· (HOUSe) COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Eloy S. Inos Governor 11 0 JAN 2014 Honorable Joseph P. Deleon Guerrero Speaker, House of Representatives Eighteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Honorable Ralph DLG. Torres Senate President, The Senate Eighteenth 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. 18-106, HD1, entitled, "To amend 2 CMC § 5631, as amended by Public Law 17-31, to authorize one-half inch net mesh to catch bigeye scad (atulai) and to allow net fishing for goat fish (tiao) during their seasonal run in the First Senatorial District; and for other purposes.", which was passed by the Eighteenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 18-32. Copies bearing my signature are forwarded for your ready reference. , Sincerely, I i i :~ ~~ 't:oy S. INOS cc: Lt. Governor, Attorney General, Mayor of Rota, Rota Resident Director for DLNR, Press Secretary, Commonwealth Law Revision Commission, Special Assistant for Administration, Special Assistant for Programs and Legislative Review I"JLr·l CLERK'S Uf~ P; ~; [~\~\~; ~"t.':7t\1"" Caller Box 10007 Saipan. MP 96950 Telephone: (670) 664-2200/2300 Facsimile: (670) 664-221112311 C£ieliteenth Legislature oftlie Commonwea(tn of tlie :Nortliern Mariana Isfanci's IN THE HOUSE OF REPRESENT A TIVES Sixth Special Session July 26, 2013 Representative Teresita A. Santos, of Rota, Precinct 7 (jor herself,) in an open and public meeting with an opportunity for the public to comment, introduced the following Bill: B. B. No. 18·106, BDI AN ACT TO .DIEND 2 CJlC,583I , AS .DIENDED BY PUBUC lAW 17 13, TO AUTHORIZE ONE-HALF INCH NET JlESH TO CATCH BIGER SCAD (ATUIAI) AND TO ALLOW NET FISHING FOR GOAT FISH (TIA.O) DURING THEIR SEA.SONA.J., RUN IN THE FIRST SENATORIA.J., DISTRICT; AND FOR OTHER PURPOSES. The Bill was referred to the House Committee on Natural Resources, which submitted Standing Committee Report 18-52, adopted on September 26,2013. THE BILL WAS PASSED BY THE HOUSE OF REPRESENT A TIVES ON FIRST AND FINAL READING, OCTOBER 25, 2013; with amendments in the form of H. B. 18-106, HD 1 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, NOVEMBER 26, 2013; without amendments and returned to the HOUSE OF REPRESENTATIVES. THE BILL W2::~]~ON OCTOBER 25, 2013~ Linda B. Muna, House Clerk ~ ....... - .... -. Public Law No. 18-32 C£igliteentli Legisfature oftlie Commonweaftli of tlie Nortliern :Mariana Isfanas IN THE HOUSE OF REPRESENTATIVES NINTH DAY, SECOND REGULAR SESSION OCTOBER 25, 2013 H. B. 18.106. HBI AN ACT TO AIIEND 2 CIIC 15831, .AS AIIENDED BY PUBLIC lAW 17-13, TO AUTHORIZE ONE-HALF INCH NET IIESH TO CATCH BIGBE SCAD (ATUUI) AND TO AUOW NET FISHING FOR GOAT FISH (TlAO) DURING THEIR SEASONAl RUN IN THE FIRST SENATORIAl DISTRICT; AND FOR OTHER PURPOSES. Be it enacted by the Eighteenth Northern Marianas Commonwealth Legislature: 1 Section 1. Findings and Purpose. The Legislature finds that non-commercial net 2 fishing has been a traditional source of food for the people of the CNMI. Fishing has 3 traditionally been relied upon to support and sustain families. The Legislature is cognizant 4 that certain nets with net mesh not smaller than two inches are authorized in the waters 5 surrounding the First Senatorial District. The intent of this Act is to authorize certain nets 6 with net mesh of not less than one-half inch to catch Bigeye Scad (Atulai) and to allow nets 7 to catch goat fish (Tiao) during their respective seasonal run. 8 Section 2. Amendment. Subject to codification by the Law Revision Commission, Public Law No. 18-32 HOUSE BILL 18-106, HDI 1 2 CMC 5631, as amended by Public Law No. 17-13, is amended as follows: 2 "(a) Except as provided in subsection (b) and (c), it shall be unlawful for any 3 commercial and non-commercial fishermen to use explosives, poisons, electric 4 shocking devices, scuba tank or hookah when fishing for reef fish and harvesting 5 other marine life within waters of the Commonwealth, provided however, that the use 6 of throw nets (talaya), or the use of the following types of nets provided the net mesh 7 size are no smaller than two inches, drag nets (chenchulun lagua), surround nets 8 (chenchulun umesugon) or trap nets (chenchulun managam) shall be legal in the 9 waters surrounding the First Senatorial District when used for non-commercial 10 purposes only. Non-commercial purpose means fish caught for personal or 11 immediate family use. Any sales or distribution beyond ones immediate family shall 12 be a violation of this law. 13 (b) The use of the following types of nets, drag nets (chenchulun lagua), 14 surround nets (chenchulun umesugon) or trap nets (chenchulun managam) shall be 15 legal in the waters surrounding the First Senatorial District when used for non 16 commercial purposes to catch Bigeye Scad (Atulai) during its seasonal run provided 17 the net mesh size is not less than one-half inch. The fee for the mesh net under this 18 subsection shall be $25.00 for every 50-feet net in length for each Atulai seasonal run. 19 (c) The use of the following types of nets drag nets (chenchulun lagua), 20 surround nets (chenchulun umesugon) or trap nets (chenchulun managam) shall be 21 legal in the waters surrounding the First Senatorial District when used for non 22 commercial purposes to catch Juvenile Goat Fish (Tiao) during its seasonal run 2 Public Law No. 18-32 HOUSE BILL 18-106, HDI 1 provided the net mesh size is not less than one-half inch. The fee for the mesh net 2 under this subsection shall be $25.00 for every 50-feet net in length for each Tiao 3 seasonal run." 4 Section 3. Rules and Regulations. The Rota Resident Director of the Department of 5 Lands and Natural Resources shall promulgate rules and regulations designating the period of 6 the seasonal run for Atulai and Tiao and other necessary rules and regulations consistent with 7 this Act. 8 Section 4. Severability. If any provisions 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 5. Savings Clause. This Act and any repealer contained herein shall not be 13 construed as affecting any existing right acquired under contract or acquired under statutes 14 repealed or under any rule, regulation, or order adopted under the statutes. Repealers 15 contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. 16 The enactment of the Act shall not have the effect of terminating, or in any way modifying, 17 any liability, civil or criminal, which shall already be in existence on the date this Act 18 becomes effective. 3 Public Law No. 18-32 HOUSE BILL 18-106, HDI 1 Section 6. 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: use of Representatives 18h Northern Marianas Commonwealth Legislature \~ Governor Commonwealth of the Northern Mariana Islandy 4