Public Law No. 18-48

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Eloy S. Joos Governor Honorable Ralph DLG, Torres President of the Senate Eighteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Honorable Joseph P. Deleon Guerrero Speaker, House of Representatives Eighteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: Jude U. Hofschneider Lieutenant Governor 0 5 MAY 2014 ,,..,, ... ...--. , ,.,,,'ยฅ,,.,t,, ~('II~~ ~~ .... This is to inform you that I have signed into law, with reservation, Senate Bill No. 18-29, HDl entitled, "To amend 2 CMC ยง 5631, as amended by Public Law 17-57, to authorize one and one-half inches net mesh to catch Bigeye Scad (Atulai) during its seasonal run in the Second Senatorial District, and for other purposes," which was passed by the Eighteenth Northern Marianas Commonwealth Legislature. Despite my reservations with the bill, I am signing it because I have received assurance from the Law Revision Commission that the legal flaw in the bill can be corrected through codification. My concern with Senate Bill 18-29 is that it purports to amend the language of 2 CMC ยง 5631, as amended by Public Law 17-57. However, the language of Public Law 17-57 that this bill seeks to amend was repealed by Public Law 18-32. As a result, Senate Bill 18-29 seeks to amend language that no longer exists. Despite this flaw, the Law Review Commission has taken the position that Senate Bill 18-29 may still be codified into law by adding new subsection to 2 CMC ยง 5631. Because ofthis assurance, I am signing Senate Bill 18-32 and it becomes Public Law No. 18-48. Copies bearif g my signature are forwarded for your reference. Sincerely, \ ::r= (\~ \:--- \ ELOYS.INO CC: Lt. Governor Commonwealth Development Authority Press Secretary, Office of the Governor Special Assistant for Programs & Legislative Review Caller Box 10007 Saipan, MP 96950 Telephone: (670) 237-2200 Facsimile: (670) 664-2211/2311 Public Law No. 18-48 • THE. SENATE. El.611T£.ENTB NORTBERN .llltlUANltS COMIIONWEl&LTH LE.6JSLA1'URE SER.A.TR BJLLRO. t&-19, BDt AN.ACT TO AMEND 2 CMC § 5631, AS AMENDED BY PUBLIC LAW 17-57, TO AUTHORIZE ONE AND ONE-HALF INCHES NET MESH TO CATCH BIGEYE SCAD (ATULAI) DURING ITS SEASONAL RUN IN THE SECOND SENATORIAL DISTRICT, AND FOR OTHER PURPOSES. Offered by Senator(s): Francisco Q. Cruz Date: July 23, 2013 Referred to: Committee on Judiciary, Government and Law Standing Committee Report No.: 18-49 Adopted 03/21/14 Final Reading: March 21, 2014 Referred to: Committee on Natural Resources Standing Committee Report No.: 18-75 Adopted on 11/25/13 First and Final Reading: December 19, 2013 UDES RK Public Law No. 18-48 EIGHTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE SEVENTH SPECIAL SESSION, 2013 S. B. NO. 18-29, HDl AN ACT TO AMEND 2 CMC ยง 5631, AS AMENDED BY PUBLIC LAW 17 57, TO AUTHORIZE ONE AND ONE-HALF INCHES NET MESH TO CATCH BIGEYE SCAD (A TULAI) DURING ITS SEASONAL RUN IN THE SECOND SENATORIAL DISTRICT, AND FOR OTHER PURPOSES. BE IT ENACTED BY THE EIGHTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: 1 Section 1. Findings and Purpose. 2 The Legislature finds that non-commercial net-fishing as a source of food for the 3 people of the CNMI have traditionally been relied to support and sustain themselves and 4 their families. The Legislature is cognizant that certain nets with net mesh not smaller than 5 three inches are authorized in the waters surrounding the Second Senatorial District. The 6 intent of this Act is to authorize certain nets with net mesh of not less than one and one-half 7 inches to catch Bigeye Scad (Atulai) during its seasonal run. The authorization of a smaller 8 net mesh during the Atulai season is to maximize the harvesting of Atulai once they reach at 9 least two inches in circumference. 10 Section 2. Amendment. Subject to codification by the Law Revision Commission, 11 2 CMC 5631, as amended by PL 17-57, is amended as follows: 12 "101. (a) Except as provided in subsection (b), +!he use of the following types of 13 nets, provided the net mesh size are no smaller than three inches, drag nets ( chenchulun 14 lagua), surround nets (chenchulun umesugon) or trap nets (chenchulun managam) shall be 15 legal in the waters surrounding the Second Senatorial District when used for non Public Law No. 18-48 • SENATE BILL NO. 18-29, HDl 1 commercial purposes only. Non-commercial purpose means fish caught for personal or 2 immediate family use. Any sales or distribution beyond ones immediate family shall be a 3 violation of this law. 4 {b) The use of drag nets (chenchulun lagua), surround nets (chenchulun umesugon) 5 or trap nets (chenchulun managam) with the net mesh size no smaller than one and one-half 6 inches shall be legal in the waters surrounding the Second Senatorial District when used for 7 non-commercial purposes to catch Bigeye Scad (Atulai) during its season seasonal run." 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. 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 16 law. The enactment of the Act shall not have the effect of terminating, or in any way 17 modifying, any liability, civil or criminal, which shall already be in existence on the date 18 this Act becomes effective. 19 Section 5. Effective Date. This Act shall take effect upon its approval by the 20 Governor or becoming law without such approval. Page2 RRES SENATE Public Law No.' 18-48 ' SENATE BILL NO. 18-29, HDl ATTESTED BY: oviM:TAIMANAO SENATE LEGISLATIVE SECRETARY this -~ 1Jay of ~J\ ~ , 2014 ELOYS.INOS Governor Commonwealth of the Northern Mariana Islands Page 3