KSPL NO. K7-161-05 Repeal K6-113-2000 Southern Lagoon Management Plan Act

SEVENTH KOROR STATE LEGISLATURE Sixth Regular Session, July-September, 2004 KSPL NO. K7-161-05 (Introd. by Bill No. 7-43, LD1) Page 1 of 4 AN ACT To authorize the Governor to promulgate regulations to implement the “Rock Islands Southern Lagoon Area Management Plan,” to repeal KSPL No. K6-113-2000 as amended by KSPL No. K6-126-2001, to provide for violations thereof, and for related purposes. THE PEOPLE OF KOROR, AS REPRESENTED IN THE KOROR STATE LEGISLATURE, DO ENACT AS FOLLOWS: SECTION 1. Act Title. This Act shall be known and cited as the “Rock Island 1 Comprehensive Management Act of 2005.” It is referred to herein parenthetically as the 2 “Act.” 3 SECTION 2. Findings SECTION 3. . The Seventh Koror State Legislature hereby finds that 4 in April, 2004, Koror State Government produced a “Rock Islands - Southern Lagoon 5 Area Compliance Plan 2004-2009", and in May of 2004, the Rock Island Management 6 Area Executive Committee and Koror State Governor John C. Gibbons approved of a “Rock 7 Islands - Southern Lagoon Area Management Plan 2004-2008”, consisting of three volumes (a 8 Management Plan, an Action Plan & Monitoring Program, and Background and Analysis). 9 Together, these works set forth guidelines for comprehensive, long term preservation and 10 protection of the Koror State southern lagoon and rock islands. 11 The Seventh Koror State Legislature further finds that the health, safety and welfare of 12 the people of Koror will be advanced and served by the enactment of the Plan to supersede the 13 Rock Island Management and Protection Act (K6-113-2000), as amended. 14 It is in the best interests and welfare of the people of Koror to allow the Governor 15 to promulgate rules and regulations that will implement the recommendations of the 16 Management Plans, and which will serve to maintain and manage the rock islands and coastal 17 marine resources as vital aspects of Koror's socio-cultural and economic well being. 18 Authority to promulgate rules and regulations; Legislative 19 approval; Penalties for violations A. The Governor of the State of Koror is hereby authorized to promulgate rules and 21 regulations to implement the “Rock Islands - Southern Lagoon Area Management Plan 2004- 22 . 20 SEVENTH KOROR STATE LEGISLATURE Sixth Regular Session, July-September, 2004 KSPL NO. K7-161-05 (Introd. by Bill No. 7-43, LD1) Page 2 of 4 2008”, as approved by the Rock Island Management Area Executive Committee and Koror 1 State Governor John C. Gibbons in May of 2004. The rules and regulations may contain the 2 subject matter appearing in KSPL No. K6-113-2000, as amended by KSPL No. K6-126-2001. 3 The rules and regulations shall comply with 40 PNC 2102(c) for the imposition of any new 4 fees or charges. 5 B. Upon completion of the rules and regulations, the Governor shall transmit the 6 regulations to the Legislature. The Legislature may recommend changes and refer the rules 7 and regulations back to the Governor, or may adopt the rules and regulations with changes 8 desired by the Legislature. Sixty days after the rules and regulations are adopted by the 9 Legislature by way of Resolution, they shall have the force and effect of law. During the sixty 10 day period, the Governor shall take affirmative steps to educate the public about the substance, 11 content, and requirements of the rules and regulations. 12 C. Said regulations will have the force and effect of law, and any person who violates 13 any provision thereof shall be fined One Hundred Dollars ($100) and/or imprisoned for up to 14 ninety (90) days for each such violation. 15 SECTION 4. Repealer/Superseding SECTION 5. . Upon the effectiveness of the regulations 16 hereafter promulgated under this Act, the Rock Island Management and Protection Act of 17 2000 (K6-113-2000), as amended by K6-126-2001, shall be repealed and superseded 18 immediately and automatically by this Act and said regulations. Until such time as the 19 regulations promulgated hereunder become effective, the Rock Island Management and 20 Protection Act of 2000, as amended, shall remain the governing law. 21 Severability SECTION 6. . If any term of this Act is held by a court of 22 competent jurisdiction to be invalid or unenforceable, then this Act, including all of the 23 remaining terms, shall remain in force and effect as if such invalid or unenforceable term was 24 not included. 25 Effective Period. This Act shall take effect upon its becoming law by 26 SEVENTH KOROR STATE LEGISLATURE Sixth Regular Session, July-September, 2004 KSPL NO. K7-161-05 (Introd. by Bill No. 7-43, LD1) Page 3 of 4 operation of the Koror State Constitution. 1 PASSED: September 9, 2005 SEVENTH KOROR STATE LEGISLATURE Sixth Regular Session, July-September, 2004 KSPL NO. K7-161-05 (Introd. by Bill No. 7-43, LD1) Page 4 of 4 CERTIFIED BY: ATTESTED TO BY: /s/ /s/ Yositaka Adachi, Speaker Marlena Sato, Assistant Clerk Seventh Koror State Legislature Seventh Koror State Legislature Approved this day of , 2005. John C. Gibbons, Governor Koror State Approved this 11 day of OCT. , 2005. /s/ Ibedul Y. M. Gibbons House of Traditional Leaders