TITLE 85

DEPARTMENT OF LANDS AND NATURAL RESOURCES

 

Chapter 85-10            Division of Agriculture

Chapter 85-20            Division of Animal Health and Industry

Subchapter 20.1         Animal Quarantine Rules and Regulations

Chapter 85-30            Division of Fish and Wildlife

Subchapter 30.1         Non-Commercial Fish And Wildlife Regulations

Subchapter 30.2         Smiling Cove Marina Rules and Regulations

Subchapter 30.3         Outer Cove Marina Rules and Regulations

Subchapter 30.4         Mariana Crow Conservation Area

Chapter 85-40            Division of Land Registration and Survey

Subchapter 40.1         Land Commission Regulations

Subchapter 40.2         Land Surveying Regulations

Chapter 85-50            Division of Parks and Recreation

Subchapter 50.1         Littering and Posting Signs Regulations

Subchapter 50.2         Commonwealth Parks, Recreational Facilities, and Tourist Sites

Chapter 85-60            Division of Plant Industry

Subchapter 60.1         Farm Equipment Service Regulations

Subchapter 60.2         Plant Quarantine Regulations

Subchapter 60.3         Regulations To Place A Quarantine Upon Fruits and Vegetables From Guam, The United States and Other Countries

Chapter 85-70            Saipan and Northern Islands Soil and Water Conservation District

Subchapter 70.1         Use of Irrigation Water Regulations

Chapter 85-80            Division of Zoning

Chapter 85-90            Forestry Section; Forest Resources Protection Regulations

Chapter 85-100          Brown Treesnake Prevention Regulations

Chapter 85-110          Public Cemetery Regulations

 

CHAPTER 85-10

 

DIVISION OF AGRICULTURE

 

Chapter Authority:

 

Chapter History:

 

Commission Comment: PL 1-8, tit. 1, ch. 13 (effective Aug. 10, 1978), formerly codified in part at 1 CMC §§ 2651, et seq., originally created a Department of Natural Resources within the Commonwealth government.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 104:

 

Section 104. Department of Lands and Natural Resources.

 

The Department of Natural Resources is re-designated the Department of Lands and Natural Resources.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

In 1997, the Legislature passed the “Public Lands and Natural Resources Administration Act of 1997,” PL 10-57 (effective Apr. 18, 1997), codified as amended at 1 CMC §§ 2651-2691. PL 10-57 repealed and reenacted chapter 13, division 2 of title 1 of the Commonwealth Code, 1 CMC §§ 2651-2691, and statutorily established the Department of Lands and Natural Resources (DLNR) with the structure, duties and responsibilities set forth in the act. See 1 CMC § 2651 and the commission comment thereto.

 

[Reserved for future regulations of the Division of Agriculture.]


 

 

CHAPTER 85-20

DIVISION OF ANIMAL HEALTH AND INDUSTRY

 

 

SUBCHAPTER 20.1

ANIMAL QUARANTINE RULES AND REGULATIONS

 


Part 001          General Provisions

§ 85-20.1-001             Authority

§ 85-20.1-005             Purpose

§ 85-20.1-010             Definitions

§ 85-20.1-015             Gender, Plurals, Etc.

§ 85-20.1-020             Precedence of Federal Regulations over CNMI’s Regulations

 

Part 100          Permit Requirements

§ 85-20.1-101             Required Permits for Importation

§ 85-20.1-105             Importation from Foreign Countries

§ 85-20.1-110             Importations from the United States

§ 85-20.1-115             Importations of Other Wild or Feral Animals

 

Part 200          Landings and Entry into the CNMI

§ 85-20.1-201             Designated Ports of Entry

§ 85-20.1-205             Landing & Entry of Animals

§ 85-20.1-210             Manifests & Movements Information

 

Part 300          Importation of Dogs and Cats

§ 85-20.1-301             Entry into the Northern Mariana

§ 85-20.1-305             Carrier Responsibility

§ 85-20.1-310             Required Quarantine

§ 85-20.1-315             Dogs & Cats from Rabies Free Area

§ 85-20.1-320             Rabies Vaccination Requirement

§ 85-20.1-325             Health Certificates Required

§ 85-20.1-330             Removal from Quarantine

§ 85-20.1-335             Puppies & Kittens Born in Quarantine

§ 85-20.1-340             Disposition of Newborns

§ 85-20.1-345             Fees and Other Charges

§ 85-20.1-350             Quarantine Space Reservation

§ 85-20.1-355             Waiver of Liabilities

 

Part 400          Importation of Cattle

§ 85-20.1-401             Importation; General

§ 85-20.1-405             Entry Status on Imports

§ 85-20.1-410             Carrier Responsibility on Importation

§ 85-20.1-415             Use of Quarantine Station Facilities

§ 85-20.1-420             Pre-shipment Entry Requirements

§ 85-20.1-425             Post-shipment Entry Requirements

 

Part 500          Importation of Sheep and Goats

§ 85-20.1-501             Importation; General

§ 85-20.1-505             Entry Status on Import

§ 85-20.1-510             Responsibility of Carrier on Importation

§ 85-20.1-515             Use of Quarantine Station Facilities

§ 85-20.1-520             Pre-shipment Entry Requirement

§ 85-20.1-525             Post-shipment Entry Requirements

 

Part 600          Importation of Swine

§ 85-20.1-601             Importation - General

§ 85-20.1-605             Entry Status on Import

§ 85-20.1-610             Responsibility of Carrier on Importation

§ 85-20.1-615             Use of Quarantine Station Facilities

§ 85-20.1-620             Pre-shipment Entry Requirement

§ 85-20.1-625             Post-shipment Entry Requirement

 

Part 700          Importation of Horses

§ 85-20.1-701             Importation - General

§ 85-20.1-705             Entry Status on Import

§ 85-20.1-710             Responsibility of Carrier on Importation

§ 85-20.1-715             Use of Quarantine Station Facilities

§ 85-20.1-720             Pre-shipment Entry Requirement

§ 85-20.1-725             Post-shipment Entry Requirement

 

Part 800          Importation of Poultry Birds and Hatching Eggs

§ 85-20.1-801             Importation - General

§ 85-20.1-805             Entry Status on Import

§ 85-20.1-810             Responsibility of Carrier on Importation

§ 85-20.1-815             Use of Quarantine Station Facilities

§ 85-20.1-820             Cage on Container

§ 85-20.1-825             Pre-shipment Entry Requirement

§ 85-20.1-830             Post-shipment Entry Requirement

 

Part 900          Importation of Menagerie, Zoological and Other Animals

§ 85-20.1-901             Importation - General

§ 85-20.1-905             Entry Status on Import

§ 85-20.1-910             Responsibility on Importation

§ 85-20.1-915             Use of Quarantine Station Facilities

§ 85-20.1-920             Pre-shipment Entry Requirement

§ 85-20.1-925             Post-shipment Entry Requirement

 

Part 1000        Importation of Vaccines, Viruses, Biologicals, Microorganisms, Pathogenic Organisms and Parasites

§ 85-20.1-1001           Import Requirement

§ 85-20.1-1005           Sales of Vaccines and Biologicals

 

Part 1100        Importation of Meat, Meat Products, Frozen Semen, Garbage, Animal By-products, Bedding & Certain Feedstuffs

§ 85-20.1-1101           Import Requirements & Entry Status

 

Part 1200        Control of Animals & Animal Diseases within the Northern Marianas

§ 85-20.1-1201           Duties for Chief of Animal Health & Industry

§ 85-20.1-1205           Reporting of Animal Diseases

§ 85-20.1-1210           Quarantine

§ 85-20.1-1215           Movement & Transportation of Animals within Northern Marianas

§ 85-20.1-1220           Entry of Animals Without Inspection Prohibited

§ 85-20.1-1225           Landing of Animals

 

Part 1300        Export of Animals

§ 85-20.1-1301           Regulatory Jurisdiction on Exports

 

Part 1400        Miscellaneous Provisions

§ 85-20.1-1401           Penalty


 

Subchapter Authority: 1 CMC § 2654; 2 CMC § 5302.

 

Subchapter History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: PL 1-8, tit. 1, ch. 13 (effective Aug. 10, 1978), formerly codified in part at 1 CMC §§ 2651, et seq., originally created a Department of Natural Resources within the Commonwealth government.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 104:

 

Section 104. Department of Lands and Natural Resources.

 

The Department of Natural Resources is re-designated the Department of Lands and Natural Resources.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

In 1997, the Legislature passed the “Public Lands and Natural Resources Administration Act of 1997,” PL 10-57 (effective Apr. 18, 1997), codified as amended at 1 CMC §§ 2651-2691. PL 10-57 repealed and reenacted chapter 13, division 2 of title 1 of the Commonwealth Code, 1 CMC §§ 2651-2691, and statutorily established the Department of Lands and Natural Resources (DLNR) with the structure, duties and responsibilities set forth in the act. See 1 CMC § 2651 and the commission comment thereto.

 

1 CMC § 2653(j) authorizes DLNR to “promote, develop, and administer agricultural programs, including but not limited to, plant industry, agricultural extension services, and animal industry and health.” 1 CMC § 2654 authorizes the Department of Lands and Natural Resources to adopt rules and regulations in furtherance of its duties and responsibilities.

 

Title 2, division 5, chapter 3 of the Commonwealth Code specifically addresses quarantine regulations. See 2 CMC §§ 5301-5329. 2 CMC §§ 5302 and 5303 direct the Director of Natural Resources (now the Secretary of Lands and Natural Resources) to issue plant and animal quarantines and regulations and administer their provisions. The “Animal Health Protection and Disease Control Act,” PL 4-55 (effective Aug. 22, 1985), establishes animal quarantine and inspection procedures and disease control procedures. See 2 CMC §§ 5320-5329. The act creates the Division of Animal Health and Industry within the Department of Natural Resources and authorizes the Chief of the Division to administer its provisions. 2 CMC § 5323.

 

The Division of Agriculture within the Department of Natural Resources originally promulgated, pursuant to PL 1-8, Plant & Animal Quarantine Inspection and Inspection Procedures Rules and Regulations. The history of these regulations is as follows:

 

Amdts Adopted 2 Com. Reg. 896 (Nov. 17, 1980) (suspending the prohibition on importing Psittacine birds and mynahs into the Commonwealth);* Amdts Adopted 3 Com. Reg. 1042 (Feb. 23, 1981); Amdts Emergency and Proposed 2 Com. Reg. 890, 894 (Nov. 17, 1980) (effective for 120 days from Oct. 1, 1980); Public Notice 2 Com. Reg. 834 (Mar. 16, 1980) (regarding animal quarantine procedures); Amdts Proposed 2 Com. Reg. 445 (Jan. 16, 1980); Adopted 1 Com. Reg. 277 (June 16, 1979); Proposed 1 Com. Reg. 80 (Dec. 16, 1978).

 

*A notice of proposed amendment was not published.

 

The January 1980 notice of proposed amendments stated: “If no comments are received after 30 days from the date of this publication, these amendments will be adopted without further publication and have the force of law.” See 2 Com. Reg. at 445 (Jan. 16, 1980).

 

The 1989 Animal Quarantine Rules and Regulations codified in this subchapter were promulgated by the Department of Natural Resources, Division of Animal Health and Industry under the authority of 2 CMC §§ 5301-5329.

 

Part 001 -       General Provisions

 

§ 85-20.1-001             Authority

 

Under the authority granted in 2 CMC, div. 5, chapter 3, article 1, § 5302 of the Commonwealth Code for the Northern Mariana Islands [the Department of Natural Resources] hereby promulgates regulations, codified in this subchapter, concerning control and prevention of animal diseases in the Commonwealth of the Northern Mariana Islands.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission changed “regulation” to “regulations” to correct a manifest error. The Commission inserted the final period.

 

§ 85-20.1-005             Purpose

 

The rules and regulations in this subchapter are designed to protect the agriculture and general well-being of the Northern Marianas’ citizens. Animal quarantine measures are promulgated as a means to prevent the introduction of, and the further spread of animal pest and diseases into and within the Northern Marianas. The procedures and controls in this subchapter are designed to spell out the procedures and controls in promulgation, enforcement of animal quarantine rules and regulations, and other measures deemed necessary to protect the livestock, poultry, bird and pet industries, and the general well-being of the Northern Marianas’ citizens.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-010             Definitions

 

For the purposes of this subchapter, unless context otherwise requires, the following words, phrases, names, and terms shall be construed, respectively, to mean:

 

(a)       “Accredited veterinarian” - A licensed veterinarian certified by federal and Commonwealth animal health authorities to participate in cooperative disease control activities, including execution of health certificates for the interstate and international movement of animals.

 

(b)       “Animals” - Wild animals, domestic animals, poultry, birds, and hatching eggs.

 

(c)       “Animals products” - Any edible or inedible substance derived in whole or in part from an animal.

 

(d)       “Approved disinfectant” - A germicidal agent approved for use in a specific Commonwealth animal disease control, and eradication program.

 

(e)       “Authorizing official” - The Chief of Animal Health & Industry for the Department of Natural Resources, and his designees.

 

(f)        “Birds” - Parrots, parakeets, mynahs, sparrows, finches, cockatiels, love birds, canaries, and other feathered life other than poultry, including eggs for hatching.

 

(g)       “By product” - Any part of any animal subject to diseases of quarantine concern.

 

(h)       “Carrier” - Any vessel, boat, airplane or other conveyance used to transport animals; or its master, commanding officer, owner, local manager, or agent.

 

(i)        “Cattle” - Grades, purebreds, or crosses of the recognized breeds of cattle used in the production of beef and/or milk, and other members of the bovine family.

 

(j)        “Chief” - The Chief of Animal Health and Industry Division for the Department of Natural Resources, or any officer or employee of the Division of Animal Health and Industry to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

 

(k)       “CNMI” - The Commonwealth of the Northern Mariana Islands, or any island in this group; also referred to as the Northern Marianas.

 

(l)        “Department” - The Department of Natural Resources for the Commonwealth of the Northern Marianas.

 

(m)      “Director” - The Director of the Department for Natural Resources of the Northern Marianas Commonwealth government, or any officer or employee for the Department to whom authority has heretofore been delegated or to whom authority may hereafter be delegated, to act in his stead.

 

(n)       “Division” - The Division of Animal Health & Industry for the Department of Natural Resources.

 

(o)       “Dogs and cats” - Members of the canine, and feline families, respectively, that are domesticated.

 

(p)       “Domestic animals or livestock” - Horses, mules, asses, cattle, sheep, goats, swine, dogs, cats, and other animals maintained in the domestic state, excluding birds and poultry.

 

(q)       “Effects” - Ropes, halters, harnesses, buckets, stalls, crates, pens, stables, feed, feed bags, leashes, collars, chains, dishes, toys and other objects, equipment and materials used to handle, confine, maintain, accompany, or transport animals.

 

(r)        “Garbage” - All waste material derived in whole or in part from fruits., vegetables, meats, or other plants or animals (including poultry) materials, and other refuses of any character whatsoever that has been associated with any such material on board any means of conveyance, and including food scraps, table refuse, galley refuse, food wrappers or packaging materials, and other waste material from stores, food preparation areas, passengers’ or crews’ quarters, dining rooms, or any other areas on vessel/aircraft, or other means of conveyance.

 

(s)        “Hatching eggs” - Eggs of poultry and birds used for producing young.

 

(t)        “Health certificate” - An official document issued by a licensed or an accredited veterinarian, or an authorized federal or state veterinarian for the state of origin certifying that the animal being shipped is free from external parasites and symptoms or evidence of transmissible disease, and providing all other information and test results required for acceptance by the CNMI.

 

(u)       “Heifer” - A cow that has not had a calf.

 

(v)       “Horses” - Horses, mules, asses, and zebras.

 

(w)      “Infectious contagious and communicable diseases” - All transmissible diseases of animals.

 

(x)       “Inspection” - The examination of any animal or, animals, meat, meat products, and animal byproducts prior to or after entry into the Northern Marianas by the Chief of Animal Health and Industry or other inspectors.

 

(y)       “Inspector” - A veterinarian, livestock inspector, or agricultural quarantine inspector in the Division of Animal Health & Industry and the Division of Plant Industry & Extension Services, or the United States Department of Agriculture.

 

(z)       “Licensed veterinarian” - A veterinarian having a current, valid license to practice veterinary medicine in the state of origin for the animal being certified and shipped.

 

(aa)      “Menagerie and zoological animals” - Any wild or feral animals maintained in captivity.

 

(bb)     “Northern Marianas” - The Commonwealth of the Northern Mariana Islands, or any island in this group.

 

(cc)      “Pathogen” - Any organism or material capable of producing diseases.

 

(dd)     “Permit” - Animal quarantine permit issued by the Chief of Animal Health & Industry, required for all animals as a condition of entry into the Northern Marianas.

 

(ee)      “Poultry” - Chickens, ducks, turkeys, swans, pigeons, doves, pheasants, guinea fowl, peafowl, quails, grouse, partridges, geese, peacocks, and domestic feathered life generally, of all ages, including eggs for hatching.

 

(ff)      “Quarantine” - The isolation of animal or animals on premises or in are* as specified by the Chief of Animal Health & Industry Division; the designation given such premises or areas. No animal may be removed from or be added to such premises or areas except as permitted by the Chief of Animal Health & Industry. For dogs and cats, quarantine means confinement for a period of 120 days in the As Perdido Animal Quarantine Facility, or in other quarantine facility that is recognized and approved by the Chief.

 

(gg)     “Rabies-free areas” - Countries, states, and territories where rabies is not known to exist or occur, or where rabies has been completely eradicated. Only those countries, states and territories recognized by the state of Hawaii and the Chief of Animal Health & Industry as rabies-free shall be so classified, and likewise be accorded with the same status by the Northern Marianas.

 

(hh)     “Rabies-infected areas” or “rabies areas” - Countries, states, and territories where rabies is known to exist or occur. Countries, states, and territories not recognized by the State of Hawaii, and the Chief of Animal Health & Industry as rabies-free areas are considered, and classified as rabies-infected areas or rabies areas.

 

(ii)       “Regulations” - The animal quarantine regulations contained in this subchapter, and all applicable regulations of the United States Department of Agriculture, and Animal & Plant Health Inspection Service.

 

(jj)       “Ruminants” - All animals which chew the cud, such as cattle, buffaloes, sheep, goats, deer, antelopes, camels, llamas, and giraffes.  

 

(kk)     “Shipmaster’s declaration” - An official state form which must be completed, and submitted by a carrier providing information on livestock, poultry, birds, pets, and other animals being transported.

 

(ll)       “Swine” - Domesticated pig or hog, and all varieties of wild hogs.

 

(mm)   “Uniform methods and rules” - The recommended minimum standards adopted by USDA for the achievement of goals in Commonwealth-federal animal disease control, and eradication program.

 

(nn)     “USDA” - The United States Department of Agriculture.

 

(oo)     “Vaccine” - A suspension of live, attenuated, or killed microorganisms such as bacteria and viruses used for the prevention or treatment of infectious diseases.

 

(pp)     “Wild or feral animals” - Zoological menagerie or wild animals, whether mammals, birds, amphibians, reptiles, or fishes, as distinguished from domestic animals, birds and poultry; they also include insects, and mollusks.

 

* So in original.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsection (b), the Commission deleted the repeated word “and.” In subsections (b), (e), (f), (g), (l), (n), (v), (w), (bb), (cc), (ll) and (nn), the Commission inserted the final period. The Commission inserted a comma after the word “states” in subsection (hh) pursuant to 1 CMC § 3806(g). The Commission inserted quotation marks around terms defined.

 

With respect to the reference to the Department of Natural Resources, see Executive Order 94-3 (effective August 23, 1994) reorganizing the Commonwealth government executive branch, changing agency names and official titles and effecting numerous other revisions. See also the general comment to this subchapter.

 

§ 85-20.1-015             Gender, Plurals, Etc.

 

Unless it shall clearly appear from the context to the contrary, the use of any gender shall include all genders. The plural shall include the singular, and the singular shall include the plural.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-020             Precedence of Federal Regulations over CNMI’s Regulations

 

The CNMI’s regulations shall not conflict with or compromise any federal regulation. The importations of domestic animals into the CNMI from foreign countries and the U.S. are subject to the regulations of the U.S. Department of Agriculture, and the CNMI’s regulations. In case of conflict between federal regulations and CNMI’s regulations, the federal regulations will prevail over the CNMI’s regulations.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Part 100 -       Permit Requirements

 

§ 85-20.1-101             Required Permits for Importation

 

An animal quarantine permit is required as a condition of entry for all animals intended to be introduced, or imported into the CNMI. This permit must be accompanied by such certificates as may be required on the permit. The permit shall only be issued for those animals which offer no pest or disease risk to the CNMI in the judgment of the Chief for Animal Health & Industry. In general, permit will be issued only for each separate importation. However, in special cases approved by the Chief of Animal Health & Industry, continuing permits for a stated period may be issued. The original copy of the animal quarantine permit must always accompany the imported animals during shipment.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment:  The Commission corrected the spelling of the word “judgment” pursuant to 1 CMC § 3806(g).

 

§ 85-20.1-105             Importation from Foreign Countries

 

Importation of poultry, birds, and domestic animals other than dogs and cats from foreign countries is prohibited. The dogs and cats may be imported into the CNMI subject to the animal quarantine regulations in this subchapter and every requirement contained in the regulations. Wild or feral animals, including menagerie and zoological animals, may be imported into the CNMI, but are subject to any and all applicable laws and regulations of U.S. Department of Agriculture, Animal & Plant Health Inspection Service, and the U.S. Fish & Wildlife Service of U.S. Department of Interior. All animals from foreign countries that are determined to be enterable may be imported into the Northern Marianas Islands only upon a written permit issued by the Chief of Animal Health & Industry.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission changed “dog” to “dogs,” “requirements” to “requirement” and inserted a period between “regulations” and “wild or feral” to correct manifest errors.

 

§ 85-20.1-110             Importations from the United States

 

Domestic animals, poultry, birds, and livestock may be imported from the U.S. on its territories only upon a written permit issued by the Chief Animal Health & Industry. All such animals intended for importation are subject to the regulations, and shall comply with the entry requirements contained in the regulations in this subchapter. Only direct shipment of poultry, birds, and livestock from the U.S. mainland, Hawaii, and Guam will be allowed, and accepted in the Commonwealth of the Northern Marianas Islands. Wild or feral animals, including skunks, raccoons, foxes, coyotes, wolves, bats, and the crosses of these animals with domestic animals may be imported into the Northern Marianas, but are subject to any and all applicable laws and regulations of U.S. Department of Agriculture, and Animal & Plant Health Inspection Service, and the U.S. Fish & Wildlife Service of U.S. Department of Interior. Skunks, bats, raccoons, foxes, coyotes, wolves, and other wild or feral animals of canine and feline families, and the crosses of these animals with domestic animals, are prohibited entry into the Northern Marianas Islands, if they are to be imported as guard or pet animals. Only an established and duly licensed zoo may be allowed to import the listed animals.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission changed “this listed animals” to “the listed animals” and corrected the spelling of “coyotes.” The Commission inserted commas after “bats” and “foxes” to correct manifest errors.

 

§ 85-20.1-115             Importations of Other Wild or Feral Animals

 

All other wild or feral animals, including reptiles, amphibians, insects, shell fish, fishes, crabs, and mollusks may be imported into the CNMI only upon written permit issued by the Chief of Animal Health & Industry. They will be subject to any and all applicable laws and regulations of U.S. Department of Agriculture, Animal and Plant Health Inspection Service, and the U.S. Fish & Wildlife Service including the Divisions of the Commonwealth for Fish and Wildlife, and Plant Industry & Extension Services. The Chief of Plant Industry & Extension Services, subject to approval by the Director of Natural Resources may allow the importation of insect predators for control of plant pests, and disease without such permit.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission changed “maybe” to “may be” and corrected the spelling of “predators.”

 

Part 200 -       Landings and Entry into the CNMI

 

§ 85-20.1-201             Designated Ports of Entry

 

(a)       General

Animals intended to be imported into the Northern Marianas shall be entered only through official, designated ports of entry.

 

(b)       Designated Ports of Entry

(1)       Saipan - The official designated ports of entry for Saipan are the Saipan Internati onal Airport, and the Saipan Commercial Port in Puerto Rico.

(2)       Tinian - The official designated ports of entry for Tinian are the West Tinian Airport, and the San Jose Harbor in San Jose.

(3)       Rota - The official designated ports of entry for Rota are the Rota Airport and Seaport.

 

(c)       Other Ports of Entry

The other ports of entry for both seaport and airport may be used for the purpose of entering imported animals. Permission in writing by the Chief of Animal Health & Industry is required at least thirty days in advance from the date of importation.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsection (b)(3), the Commission changed “port” to “ports” to correct a manifest error. In subsection (c), the Commission changed “animal” to “animals.”

 

§ 85-20.1-205             Landing & Entry of Animals

 

(a)       Responsibility of Local Managers, Agents, Carriers, or Commanding Officers

(1)       Notify the inspector immediately of the presence on board of animals.

(2)       Furnish the inspector with a full and complete list of the number and types of animals taken on board from any port outside the Northern Marianas, with the names of the owners, importers or consignees, and the ports of origin for said animals.

(3)       Furnish the inspector with the carrier’s records on the port of calls made within the preceding four months from the date of their arrival in the Northern Marianas.

(4)       Provide the inspector with death and injury list, if known or available.

(5)(i)   Furnish a bond in the sum of five hundred dollars per animal on board the vessel as specified by the Director.

(ii)       The animals shall be confined on board the carrier in compliance with the inspector’s instructions.

(6)       Furnish the inspector with a written request for disposal of garbage, if a carrier desires to dispose its garbage. However, the provision of this subsection shall not apply to any carrier desiring to discharge on land garbage derived exclusively from food supplies obtained in the Northern Marianas Islands, unless otherwise prohibited. No foreign or domestic garbage shall be discharged, if a USDA-approved disposal facility is not available, or unable to handle the disposal of all garbage within 24 hours of their receipt at the disposal site.

 

(b)       Removal of Animals from Carrier

Animals for entry shall be securely confined on the pier or at the airport in a manner approved by the Chief of Animal Health & Industry or inspector until movement is authorized by him. Animals for transit shall be securely confined on the pier or at the airport in a manner approved by the inspector.

 

(c)       Landing of Animals

No animals shall be allowed entry into the Commonwealth of the Northern Marianas Islands unless all pre-entry requirements have been met. Landing or removal of animals from a carrier for purposes of inspection or quarantine shall not constitute entry into the Northern Marianas Islands. No effects of animals shall be brought into the Northern Marianas Islands unless authorized by the Chief of Animal Health & Industry or inspector.

 

(d)       Responsibility of Commanding Officer or Master of Carrier. It shall be the responsibility of any carrier arriving in the Northern Marianas Islands and of the local managers or agents of carriers that the provisions of this section and other pertinent and applicable provisions contained in this subchapter are strictly carried out and fully complied with.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-210             Manifests & Movements Information

 

Cargo manifests shall be made available to the inspector. Those officials or authorities having information as to the movement of aircrafts or vessels shall furnish such information to the inspector upon request.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Part 300 -       Importation of Dogs and Cats

 

§ 85-20.1-301             Entry into the Northern Mariana

 

(a)       No dogs and cats shall be permitted entry into the Northern Marianas unless such entry is in compliance with the requirements generally applicable to the introduction of all classes, types or species of animals into the Northern Marianas, in addition to any specific requirements applicable to dogs and cats.

 

(b)       No dogs and cats shall be permitted entry into the Northern Marianas unless all pre-entry requirements and conditions have been met.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-305             Carrier Responsibility

 

(a)       It shall be the responsibility of carriers arriving in the Northern Marianas and of the local managers, or agents of said carriers that the provisions of this subchapter are strictly complied with.

 

(b)       The local manager, agent, or commanding officer of any carrier arriving in the Northern Marianas with dogs or cats on board shall:

(1)       Furnish the inspector with a shipmaster’s declaration listing the number of dogs and cats carried on board, the names and addresses of the owners, importers, consignors, consignees, and ports of origin. In addition all deaths and injuries of animals occurring en route must be described on this form as required by the Chief of Animal Health & Industry;

(2)       Deliver the dogs and cats destined for entry to the inspector at the designated airport inspection area or, if arriving by surface vessel, confine the animals on board that vessel in secure, escape-proof crates, kennels, or cages as required by the Chief of Animal Health & Industry for entry inspection or quarantine; and

(3)       Confine dogs and cats not destined for entry on shipboard, or at the airline cargo office, in secure crates, kennels, or cages within a locked, escape-proof room or compartment.

(i)        No other dogs and cats shall be allowed on board except for shipment to a foreign port, outside the Northern Marianas. Once placed on board the carrier for shipment to a foreign ports, these animal shall be confined and shall not thereafter be removed from the carrier except as directed by the inspector.

(ii)       The Chief of Animal Health & Industry may in his discretion order any dog or cat not destined for entry to be impounded at the As Perdido Animal Quarantine Facility.

(iii)      The time spent on board or in an airline cargo office shall not be credited against the quarantine period.

 

(c)       Dogs and cats abroad a private vessel transiting the Northern Marianas may be permitted to remain on board no longer than seventy-two hours while the vessel is anchored, moored, or docked in the Northern Marianas.

 

(d)       The owner or master of a transiting vessel with dogs or cats on board remaining in port for less than seventy two hours shall submit a signed statement witnessed by a representative of the Department of Natural Resources; and attached to the shipmaster’s declaration attesting that the animal in question shall be securely confined on board the vessel at all times during the period the vessel remains in port; and no other dogs and cats shall be allowed aboard the vessel during the time, it is in the Northern Marianas.

 

(e)       Computation of the seventy-two hours grace period shall be made from the time the vessel first docks, anchors, or moors at any of the designated ports of entry. The grace period shall apply separately for each designated seaport to be visited in the Northern Marianas, and shall not be accumulative. If the grace period is exceeded, the quarantine inspector shall be notified immediately, and arrangements must be made to transport the animal to the As Perdido Animal Quarantine Facility at owner’s or carrier’s expense.

 

(f)        The Chief of Animal Health & Industry may order any dog or cat permitted to remain on board a vessel under the terms of this section to be impounded at the As Perdido Animal Quarantine facility, if all requirements are not complied with. The time elapsed between arrival of the vessel, and the impoundment shall not be credited against the one hundred-twenty days of quarantine for entry.

(1)       Animals impounded on islands other than Saipan shall be transported by air or the most expeditious means of transportation to the As Perdido Animal Quarantine Facility.

(2)       Owner or master shall be responsible for all air freight charges and costs connected with impoundment, transportation, and confinement of the animals. Arrangements shall be made with the transporting airlines or companies to pay the required charges immediately upon impoundment of the animals.

(3)       Animals that are not shipped to the As Perdido Animal Quarantine Facility because of the refusal of the owners to make these arrangements will be transported at government expense, and all costs, including those for transportation, overtime, and fringe benefits of government personnel handling the animals, shall be added to the quarantine fee.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsection (b)(1), the Commission corrected the spelling of “occurring.” The Commission inserted commas after the words “consigners” in subsection (b)(1), “kennels” in subsections (b)(2) and (b)(3), and “moored” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 85-20.1-310             Required Quarantine

 

All dogs and cats from areas other than those declared to be rabies-free by the State of Hawaii and Chief of Animal Health & Industry shall be confined and quarantined at the As Perdido Animal Quarantine facility for a minimum of 120 days. The Chief of Animal Health and Industry will maintain and publish a listing of rabies-free areas.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-315             Dogs & Cats from Rabies Free Area

 

Dogs and cats from rabies-free areas may be exempted from quarantine requirements. In addition to meeting all requirements applicable to dogs and cats, these animals are imported in compliance with the following:

 

(a)       That the animals are transported in the same carrier from port of origin to port of destination in the Northern Marianas Islands;

 

(b)       That no other animals except dogs and cats of the same origin and health status are transported aboard the carrier;

 

(c)       That none of the animals consigned to the Northern Marianas or to ports beyond the Northern Marianas are off-loaded en-route to the Northern Marianas from the country of origin;

 

(d)       That the animals destined to the Northern Marianas are accompanied by the following documents:

(1)       A health certificate issued by an authorized veterinarian certifying the description of each dog or cat and animal examination of free external parasites and symptoms or clinical signs of transmissible diseases.

(2)       An affidavit containing origin of animal during the 120-days period prior to shipment, direct contact to other animals, accurate identification of the carrier, and statements of port calls.

 

(e)       That all dogs and cats shipped to the Northern Marianas from rabies-free areas are shipped in nose-proof and paw-proof containers that must be sealed in such manner that removal of the animals will break the seal;

 

(f)        That failure to comply with all of the above provisions for dogs and cats from rabies-free areas will subject the animal in question to quarantine for a minimum period of one hundred twenty days; and

 

(g)       That the animals are inspected by the Chief of Animal Health & Industry or an authorized inspector at the time of arrival. Any indication of transmissible disease or the presence and detection of parasites at the time of inspection shall be a sufficient reason to quarantine any or all of the animals in the shipment at the As Perdido Animal Quarantine Station, at owner’s or importer’s expense, or be refused entry at owner’s importer’s or carrier’s expense.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsection (a), the Commission changed “port or origin” to “port of origin” to correct a manifest error.

 

§ 85-20.1-320             Rabies Vaccination Requirement

 

(a)       All dogs and cats originating from rabies infected areas are* over three months of age shall be accompanied by a current and valid rabies vaccination certificate dated not more than 12 months prior to entry into the Northern Marianas. Dogs and cats between 3 to 6 months old shall be vaccinated for rabies at this age, but must be re-vaccinated 12 months from the date of their vaccination. Dogs and cats under 3 months of age need not be vaccinated for rabies.

 

(b)       Dogs and cats from rabies-free areas need not be vaccinated for rabies.  

 

* So in original.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-325             Health Certificates Required

 

All dogs and cats entering the Northern Marianas, regardless of their places of origin, shall be accompanied by a current and valid health certificate signed and issued by a licensed veterinarian of their places of origin. The health certificate must be dated not more than two weeks (14 days) prior to the animal’s departure for the Northern Marianas. Dogs and cats arriving without a current and valid health certificate may be refused entry by the Chief, subject to his review of the matter. All dogs and cats originating from Africa, Asia, or islands of the Pacific Ocean (excepting Australia, New Zealand, and Hawaii) shall be accompanied by a certificate from the chief livestock sanitary officer of their respective country of origin.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment:  The Commission corrected the capitalization of “chief” pursuant to 1 CMC § 3806(g).

 

§ 85-20.1-330             Removal from Quarantine

 

At the satisfactory completion of the 120-day quarantine, the Chief shall release all healthy dogs and cats from quarantine upon payment in full of all accrued fees and charges. The dogs and cats may be removed from quarantine prior to the elapse of the 120-days quarantine period provided such animals:

 

(a)       Are released from the As Perdido Animal Quarantine Facility for export from and outside the Commonwealth; and

 

(b)       Require hospitalization. After the hospitalization, the animals shall be returned to the As Perdido Animal Quarantine Facility.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-335             Puppies & Kittens Born in Quarantine

 

Born puppies and kittens in quarantine may remain until their respective mothers have completed their quarantine period. These puppies and kittens born in quarantine, may remain until certain required conditions are met as follows:

 

(a)       They are held in isolation for a minimum period of ten days immediately following weaning at 4 to 8 weeks of age;

 

(b)       There are no symptoms of rabies in their mothers during this period; and

 

(c)       A fee for each animal shall be charged, and paid in full prior to their release.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In the opening paragraph, the Commission changed “meet” to “met” to correct a manifest error.

 

§ 85-20.1-340             Disposition of Newborns

 

Puppies and kittens born in quarantine may be released, provided:

 

(a)       They are held in isolation for a minimum period of ten days immediately following weaning at 4 to 8 weeks of age;

 

(b)       There are no symptoms of rabies in their mothers during this period; and

 

(c)       A fee for each animal shall be charged and paid in full prior to their release.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-345             Fees and Other Charges

 

The daily fee for feeding, watering, and cleaning of the kennels for each dog and cat undergoing quarantine shall be established by the Chief. A separate fee is also required for the entry permit. This fee is $5.00 per entry for the same species of animal from a rabies-free area, and $10.00 per entry for the same species of animal from a rabies-infected area. The entry permit fee is nonrefundable, and is payable in advance. Fees for puppies and kittens born in quarantine shall be charged beginning on the fifth week after birth at the regular adult rate. The Chief shall also establish fee or charges for the transportation of animals for medical referral or export. Additional charges will be assessed for drugs, medications, supplies and materials, de-worming, examinations, vaccinations, treatment for any medical reason, surgery, and other veterinary cares.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-350             Quarantine Space Reservation

 

The quarantine space reservation requires at least thirty days prior to the intended date of importation. A deposit of $50.00 is required to be made out to the Treasury of the Commonwealth for the Northern Marianas Islands in certified check or money order. This deposit is not refundable.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-355             Waiver of Liabilities

 

In applying for quarantine space, the importer or applicant shall waive all claims for liability against the Department of Natural Resources, the Division of Animal Health and Industry, the employees thereof, and the government of the Northern Mariana Islands. The Northern Marianas government and its employees will not bear, accept, assume, or be held responsible, or liable for health cares* and safety of the animals during the quarantine period.

 

* So in original.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Part 400 -       Importation of Cattle

 

§ 85-20.1-401             Importation; General

 

The entry of cattle into the Northern Marianas shall comply with all requirements applicable to the introduction or importation of all classes, types, or species of animals into the CNMI. The original copy of the permit shall accompany the animal shipment. Importations of cattle from areas under the jurisdiction and control of the U.S. are subject to the rules of the Department and federal regulations. All shipments of cattle are not allowed to be diverted to any foreign country, including the Republic of the Marshall Islands, Republic of Palau, and the Federated States of Micronesia. Only direct shipments from the U.S. mainland, Hawaii, and Guam are allowed and accepted.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment:  The Commission corrected the phrase “Marshall Islands Republic, Palau Republic” to “Republic of the Marshall Islands, Republic of Palau” pursuant to 1 CMC § 3806(g).

 

§ 85-20.1-405             Entry Status on Imports

 

No cattle shall be allowed entry into the CNMI without the accompanied valid health certificate and compliance of all entry requirements. Landing or removal of animals from a carrier for purpose of inspection or quarantine shall not constitute entry into the CNMI. No effects of animals shall be brought into the CNMI without the authorization of the Chief or authorized inspector.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-410             Carrier Responsibility on Importation

 

(a)       Carriers shall be responsible for the submission of the carrier’s declaration to the Department. The information is as follows:

(1)       Name and address of owner, importer, consignor, consignee, and port or origin for the animals;

(2)       Number of animals on board, including those born en-route; and

(3)       Number of animals which have died or injured during en-route with the circumstances of deaths or injuries.

 

(b)       Carriers shall be responsible for securely confining cattle for entry at the pier or airport until movement is authorized by an inspector. Cattle in transit to ports beyond the CNMI shall not be off-loaded for any purpose unless authorized by the Chief.

 

(c)       Carriers shall not off-load, and dispose manure except under the supervision of an inspector.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsection (a), the Commission changed “informations are” to “information is” to correct a manifest error. In subsection (a)(3), the Commission changed “has” to “have.”

 

§ 85-20.1-415             Use of Quarantine Station Facilities

 

(a)       Owners of held cattle at an official or authorized quarantine station for any reason shall provide basic needs and cares of the stock; clean the pens during and after removal of animal; and remove promptly any dead animal from the quarantine station grounds as instructed by the Chief.

 

(b)       All incurred costs from subsection (a) shall be charged to the owner.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-420             Pre-shipment Entry Requirements

 

The shipment of cattle for entry shall be accompanied by an official health certificate issued by an accredited veterinarian with endorsement of the state or federal veterinary medical officer within 14 days of shipment date. The health certificate shall contain a description of each animal, and certify the health of the animal.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-425             Post-shipment Entry Requirements

 

(a)       The post-shipment of cattle for entry shall be held in the approved quarantine station or facility to be tested for tuberculosis, brucellosis, and any other transmissible disease. While in quarantine, they shall be spread or dipped with USDA-approved pesticide. The cattle may be quarantined for any deficiency in the health certificate covering the shipment.

 

(b)       Cattle will be released from quarantine, if negative result from the testing procedures, no symptoms of transmissible disease, and free of external parasites. The owner, importer, or consignee shall furnish the inspector with information on location of each animal on shipment.

 

(c)       All expenses in connection with the examination, testing, treatment, and destruction or disposal of cattle in the quarantine shall be borne by the owner, or consignee.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

Part 500 -       Importation of Sheep and Goats

 

§ 85-20.1-501             Importation; General

 

(a)       No sheep or goats shall be permitted entry into the Commonwealth of the Northern Marianas Islands until in compliance with all general requirements for the introduction or importation of all classes, types, or species of animals.

 

(b)       An advanced issued animal quarantine permit by the Chief is required as a condition of entry for sheep or goats. The original copy of the permit shall accompany the animal shipment.

 

(c)       Importation of sheep or goats from areas under the jurisdiction and control of the U.S. are subject to the rules of the Department, but shall not violate any federal regulations. Only direct shipments from the U.S. mainland, Hawaii, and Guam are allowed and accepted.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-505             Entry Status on Import

 

The entry of sheep or goats into the CNMI shall be accompanied with the valid health certificate, and in compliance with all entry requirements. The landing or removal of animals from a carrier for the purpose of inspection or quarantine shall not constitute an entry into the CNMI. The effects of animals shall not be brought into the CNMI unless authorized by the Chief or his authorized inspector.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-510             Responsibility of Carrier on Importation

 

(a)       Upon arrival, the transporting carrier shall submit a shipmaster’s declaration to the Department providing the following information:

(1)       Name and address of owner, importer, consigner, consignee, and port of origin for the animal;

(2)       Number of animals on board, including those born en-route; and

(3)       Number of death and injury of animals with the circumstances of death and injury.

 

(b)       Carrier shall be responsible for security of sheep or goats at the pier or airport until authorization is granted by the inspector. Sheep or goats in transit to ports beyond the CNMI shall not be off-loaded for any purpose unless authorized by the Chief.

 

(c)       Carrier shall not off-load and dispose of manure except under supervision of an inspector.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsection (a), the Commission changed “informations” to “information” and in subsection (b), the Commission changed “load” to “loaded” to correct manifest errors.

 

§ 85-20.1-515             Use of Quarantine Station Facilities

 

(a)       Owner of sheep or goats at an official or authorized quarantine station shall have the responsibilities as follows:

(1)       Provides feed, water, and care for stock;

(2)       Cleans pens during and after removal of animals; and

(3)       Prompt removal of any dead animal from the quarantine station grounds as directed by the Chief.

 

(b)       The quarantine may assume these responsibilities at the cost of the owner.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-520             Pre-shipment Entry Requirement

 

The shipment of sheep and goats for entry shall be accompanied by an official health certificate issued by an accredited veterinarian with endorsement of the state or federal veterinary medical officer within 14 days of shipment date. The health certificate shall contain a description of each animal, and certify the health of the animal.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission corrected the spelling of “veterinary.”

 

§ 85-20.1-525             Post-shipment Entry Requirements

 

(a)       Imported sheep or goats shall be inspected by the Chief or authorized inspector prior to the granted entry into the CNMI. Any indication of transmissible disease or the presence of external parasites at time of inspection shall be sufficient reason to quarantine an animal on the shipment at the premises approved by the Chief. The animal may also be quarantined for any deficiency on the health certificate.

 

(b)       All expenses in connection with the quarantine treatment, and destruction or disposal of the quarantined sheep or goats shall be borne by the owner, importer, or consignee.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsection (a), the Commission changed “and” to “an” to correct a manifest error.

 

Part 600 -       Importation of Swine

 

§ 85-20.1-601             Importation - General

 

For swine, the general importation of rules and regulations are the same requirements on § 85-20.1-401. Please, refer to § 85-20.1-401.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-605             Entry Status on Import

 

The requirements for swine are the same rules and regulations on § 85-20.1-405.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-610             Responsibility of Carrier on Importation

 

The responsibilities of the carrier on swine importation are the same assignments on § 85-20.1-410.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-615             Use of Quarantine Station Facilities

 

The procedures on the use of quarantine facilities are the same requirements on § 85-20.1-415.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-620             Pre-shipment Entry Requirement

 

The pre-shipment entry requirements are the same criteria as § 85-20.1-420.

 

Modified, 1 CMC § 3806(c), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission changed “criterias” to “criteria” to correct a manifest error.

 

§ 85-20.1-625             Post-shipment Entry Requirement

 

The pre-shipment entry requirements are the same criteria as § 85-20.1-425.

 

Modified, 1 CMC § 3806(c), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission changed “criterias” to “criteria” to correct a manifest error.

 

Part 700 -       Importation of Horses

 

§ 85-20.1-701             Importation - General

 

For horses, the general importation rules and regulations are the same requirements on § 85-20.1-401. Please, refer to § 85-20.1-401.

 

Modified, 1 CMC § 3806(c), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission deleted the word “of” before “rules” to correct a manifest error.

 

§ 85-20.1-705             Entry Status on Import

 

The requirements for horses are the same rules and regulations on § 85-20.1-405.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-710             Responsibility of Carrier on Importation

 

The responsibilities of the carrier on horse importation are the same assignments on § 85-20.1-410.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-715             Use of Quarantine Station Facilities

 

The procedures on the use of quarantine facilities are the same requirements on § 85-20.1-715.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-720             Pre-shipment Entry Requirement

 

The pre-shipment entry requirements are the same criteria as § 85-20.1-420.

 

Modified, 1 CMC § 3806(c), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission changed “criterias” to “criteria” to correct a manifest error.

 

§ 85-20.1-725             Post-shipment Entry Requirement

 

Horse for entry shall be treated for external parasites by the owner or importer under the supervision of an inspector, and inspected by the Chief or an authorized inspector upon arrival. This horse may be quarantined or refused entry for any deficiency on the health certificate. Any indication of transmissible disease or parasites at the time of inspection shall be sufficient reason to refuse entry on quarantine any animal on shipment. All expenses in connection with the segregation, treatment, destruction, and disposal of the quarantine animal shall be borne by the owner, importer, or consignee.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Part 800 -       Importation of Poultry Birds and Hatching Eggs

 

§ 85-20.1-801             Importation - General

 

For importation of poultry, birds, and hatching eggs, the general rules and regulations are the same requirements on § 85-20.1-401. Please, refer to § 85-20.1-401.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-805             Entry Status on Import

 

The requirements are the same as rules and regulations on § 85-20.1-405.

 

Modified, 1 CMC § 3806(c), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989)..

 

Commission Comment: The Commission changed “same” to “the same as” to correct a manifest error.

 

§ 85-20.1-810             Responsibility of Carrier on Importation

 

The responsibilities of the carrier on poultry, birds, and hatching eggs importation are the same assignments* on § 85-20.1-410.

 

*So in original.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-815             Use of Quarantine Station Facilities

 

The procedures on the use of quarantine facilities are the same requirements on § 85-20.1-415.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-820             Cage on Container

 

All shipments of cages and containers shall be thoroughly cleaned and disinfected to the satisfaction of the accredited veterinarian issuing the health certificate.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission corrected the spelling of “thoroughly” and changed “or” to “of” to correct manifest errors.

 

§ 85-20.1-825             Pre-shipment Entry Requirement

 

(a)       The shipment of day old poultry and hatching eggs shall be accompanied by the information as follows:

(1)       Description of the day-old poultry and hatching eggs;

(2)       Statement of pullorum-clean rating for the originated flock of the day-old poultry or hatching eggs in accordance with accepted federal or state standards;

(3)       Statement of free symptoms from transmissible diseases for sixty days prior to date of shipment;

(4)       Statement of vaccination for any disease on the day-old poultry except Marek’s disease and fowlpox, and other conditions.

 

(b)       The shipment of chickens and turkeys shall be accompanied by a health certificate issued by the accredited veterinarian, and endorsed by a state or federal veterinary medical officer at the state of origin. The health certificate shall contain the information as follows:

(1)       Declaration of the issuing veterinarian;

(2)       Description of chickens and turkeys (including list of leg or wing band numbers);

(3)       Declaration of chickens or turkeys (include rating of pullorum-typhoid disease and live virus, and broad spectrum dewormer).

 

(c)       For all other birds and poultry, the shipment shall be accompanied by an official health certificate issued by an accredited veterinarian of the state. The health certificate shall include the descriptions of the poultry or birds, including leg or wing band numbers, declaration of free ectoparasites and symptoms of transmissible disease or evidence of recent exposure to disease, and declaration of vaccination within sixty-days period before shipment.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsections (a) and (b), the Commission changed “informations” to “information.” The Commission corrected the capitalization of “Marek’s disease” in subsection (a) pursuant to 1 CMC § 3806(f). In subsections (a)(1) and (b)(2), the Commission changed “on” to “and.” In subsections (b)(3) and (c), the Commission corrected the spelling of “broad” and “transmissible,” respectively.

 

§ 85-20.1-830             Post-shipment Entry Requirement

 

The shipment of all poultry, birds, and hatching (viable) eggs for entry shall be inspected by the Chief or authorized inspector. Failure to comply with the requirements, and any deficiency on health certificate shall be sufficient reason to refuse entry or place under quarantine. All expenses in connection with the testing, segregation, treatment, destruction, and disposal of quarantine poultry shall be borne by the owner, importer or consignee.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission corrected the spelling of “sufficient.”

 

Part 900 -       Importation of Menagerie, Zoological and Other Animals

 

§ 85-20.1-901             Importation - General

 

(a)       The importation of menagerie, zoological, and other animals (including wild or feral animals) for entry into the CNMI shall comply with all requirements applicable to the introduction or importation of all classes, types, or species of animal.

 

(b)       An advanced animal quarantine permit issued by the Chief is required as a condition for entry of menagerie, zoological, and other animals for importation into the CNMI. The original copy of the permit shall accompany the animal shipment.

 

(c)       The importations of menagerie, zoological, and other animals from areas under the jurisdiction and control of the U.S. are subject to both local and federal rules and regulations.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsection (a), the Commission changed “animal” to “animals.”

 

§ 85-20.1-905             Entry Status on Import

 

All menagerie, zoological, and other animals shall be accompanied by a valid health certificate, and in compliance with all entry requirements. Landing or removal of animals from a carrier for purpose of inspection or quarantine shall not constitute entry into the CNMI. No effects of the animals shall be brought into the CNMI unless authorized by the Chief or inspector.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-910             Responsibility on Importation

 

(a)       The carrier shall submit the declaration to the Department for transporting menagerie, zoological, and other animals upon arrival through any authorized port in the CNMI. The information on the declaration shall include the data as follows:

(1)       Name and address of owner, importer, consignor, consignee, and port of origin for animal;

(2)       Number of animals on board, including those born en route; and

(3)       Number of dead or injured animals with circumstances.

 

(b)       Carrier shall be responsible for the security of menagerie, zoological, and other animals at the port of entry until movement is authorized by an inspector. Transit of such animals beyond the CNMI shall not be off-loaded for any purpose unless authorized by the Chief.

 

(c)       Carrier shall not off-load and dispose of manure except under the supervision of an inspector.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsection (a), the Commission changed “informations” to “information” to correct a manifest error.

 

§ 85-20.1-915             Use of Quarantine Station Facilities

 

The procedures on the use of quarantine facilities are the same requirements on § 85-20.1-415.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-920             Pre-shipment Entry Requirement

 

All menagerie, zoological, and other enterable animals shall be accompanied by an official and valid health certificate issued by an accredited veterinarian within 14 days before shipment. The certificate shall certify the descriptive data of each animal as follows:

 

(a)       Description of free external and internal parasites and symptoms of transmissible diseases;

 

(b)       All pre-shipment requirements are in compliance with the entry criteria; and

 

(c)       All such animals with rabies shall only enter the CNMI on the available facility.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission inserted a comma after the word “zoological” pursuant to 1 CMC § 3806(g). In subsection (b), the Commission changed “criterias” to “criteria.”

 

§ 85-20.1-925             Post-shipment Entry Requirement

 

(a)       All menagerie, zoological, and other animals shall be subject to inspection by the Chief or authorized inspector. Any indication of transmissible disease or failure of compliance with all pre-shipment requirements shall have* a sufficient reason to refuse entry or quarantine the animal.

 

(b)       Animals with imposed follow-up testing requirement shall be held at the premises under quarantine until its completion and clearance from such testing.

 

(c)       All expenses in connection with the segregation and treatment, or destruction and disposal of the quarantined animal shall be borne by the owner, importer, or consignee.

 

* So in original.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: In subsection (b), the Commission changed “animal” to “animals” to correct a manifest error.

 

Part 1000 -     Importation of Vaccines, Viruses, Biologicals, Microorganisms, Pathogenic Organisms and Parasites

 

§ 85-20.1-1001           Import Requirement

 

The importation of live veterinary vaccines, biologicals, viruses, microorganisms, pathogenic organisms, and parasites is prohibited except under the permit issued by the Chief. The application of such permit shall be made in advance for such importation. The issuance of such permit shall be discretionary with the Chief, and the original copy of such permit shall always accompany the shipment of vaccines, biologicals, viruses, microorganisms, pathogenic organisms, or parasites.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-1005           Sales of Vaccines and Biologicals

 

Live vaccines and biologicals for immunization of animal* shall only be sold to licensed veterinarians in the CNMI by the importer. Exemption can only be authorized in writing by the Chief.

 

* So in original.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Part 1100 -     Importation of Meat, Meat Products, Frozen Semen, Garbage, Animal By-products, Bedding & Certain Feedstuffs

 

§ 85-20.1-1101           Import Requirements & Entry Status

 

(a)       It is prohibited to import fresh, chilled, frozen and/or unprocessed meat or carcass of any kind, including birds and poultry, from any part of the world into the CNMI except from the continental United States, Hawaii, Guam, Canada, Australia, and New Zealand.

 

(b)       Meat or poultry for commerce or resale shall comply with all applicable federal laws and regulations pertaining to meat and poultry inspection as provided for by the Federal Meat Inspection Act or the Wholesome Meat Act and the Poultry Products Inspection Act, as well as other applicable federal laws.

 

(c)       It is prohibited to import semen or living animal serum produced in any part of the world into the CNMI except from the continental United States, Hawaii, and Guam. An animal quarantine permit is required as a condition of entry for frozen semen and living animal serum, and must further be accompanied by such certificates as may be required in the permit. Any animal semen imported must be certified free of venereal and genital diseases, including the donor animals, and by an accredited veterinarian of the place of origin. The entry conditions and requirements stated on the import permit shall be fully in compliance with the stated entry conditions and requirements.

 

(d)       Dried, cured, cooked, and other processed or manufactured meat and meat products are prohibited entry except from the continental United States, Hawaii, Guam, Canada, Australia, and New Zealand. The above products shall be accompanied by adequate proof of origin, including invoices or sales slips, specifying the amount of purchase made, and the dates thereof.

 

(e)       Canned meat products from countries, areas or territories that have or are infected with Exotic Newcastle Disease, African Swine Fever, Hog Cholera, Swine Vesicular Disease, Rinderpest, or Foot-and-Mouth Disease may be imported for personal consumption in quantities of 50 pounds or less; provided, however, that the canned meat products have all been fully cooked by a commercial method in a container hermetically sealed promptly after filling, but before such cooking, so that such cooking and sealing produced a fully sterilized product which is shelf-stable without refrigeration; and provided, further, that said products are accompanied by an official and valid original certificate issued by the Director or Administrator of Meat Inspection or Animal Health Division or office of the place or country of origin, certifying that the products were prepared and processed in the manner and condition as described above.

 

(f)        All garbage from surface vessels and aircrafts must be held on board the ship or plane while in port, incinerated in a USDA-approved disposal facility under supervision of an authorized inspector, or dumped into the ocean at least 12 miles beyond the nearest outer reef. All garbage on board a vessel or aircraft shall be contained in tight, leakproof containers; be kept inside the vessel guardrail; and shall not be unloaded unless contained in tight, leakproof containers and sent to an approved disposal facility under general supervision of an authorized inspector.

 

(g)       All other animal-products and by-products, including trophies, bloodmeal, blood albumin, bones, horns, hoofs, feathers on skin, gluestock, hides and skins, organs and glands, tankage, wool, hair, bristles, ossein, casings, dairy products, pharmaceuticals, biologicals, etc., as well as straw, hay, and grass, shall be governed and regulated by the provisions of title 9 of the United States Code of Federal Regulations, chapter 1, sub-chapter D, parts 92, 94, 95, & 96.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: The Commission inserted commas after the words “Australia” in subsections (a) and (d) and “Hawaii” in subsection (c) pursuant to 1 CMC § 3806(g). In subsection (e), the Commission changed “certificates” to “certificate” to correct a manifest error.

 

Part 1200 -     Control of Animals & Animal Diseases within the Northern Marianas

 

§ 85-20.1-1201           Duties for Chief of Animal Health & Industry

 

The Chief of Animal Health & Industry shall have charge, direction, and control of all matters relating to the inspection of animals, the prevention and eradication of contagious, infectious, and communicable diseases in and among animals, and all matters relating to animal health, including the use and inspection, determination and disposition of imported meat, meat products, vaccines, veterinary drugs and medications, biologicals, and animal byproducts. He shall also establish procedures and controls necessary to carry out the required duties, and responsibilities of said Chief as stated above. He shall report directly to the Director for the Department of Natural Resources.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment: With respect to the reference to the Department of Natural Resources, see Executive Order 94-3 (effective August 23, 1994) reorganizing the Commonwealth government executive branch, changing agency names and official titles and effecting numerous other revisions. See also the general comment to this subchapter.

 

§ 85-20.1-1205           Reporting of Animal Diseases

 

All infectious, contagious, and communicable diseases of domestic animals, birds, and poultry occurring in the Northern Marianas shall be reported to the Chief of Animal Health & Industry preferably in writing by the veterinarian making the diagnosis, by the Rota agriculturist, in Rota, by the Tinian agriculturist on Tinian, and by the Governor’s representatives in any of the Northern Islands. Monthly reports pertaining to animal quarantine and disease control activities from the Rota and Tinian agriculturist, or their most senior quarantine or agricultural officers, and the agriculture quarantine officer of Saipan shall be submitted on a timely basis to the Chief. All major problems requiring prompt action are to be directed immediately to the Chief’s attention by telex or by radio communication for prompt action and investigation.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Commission Comment:  The Commission inserted commas after the words “contagious” and “birds” pursuant to 1 CMC § 3806(g).

 

§ 85-20.1-1210           Quarantine

 

The Chief of Animal Health & Industry may quarantine domestic animals, birds and poultry, or herds and flocks, including their premises and contact herds and flocks, that are known to be exposed for any contagious, infectious, or communicable disease. They shall be destroyed by the instruction of the Chief to prevent the spread of the disease. A quarantine may also be imposed on an island or entire islands, if deemed necessary by the Chief. No animal shall be removed from or added to such herds, premises, or areas except by a written permit from the Chief. The quarantine shall remain in effect until rescinded by the Chief.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-1215           Movement & Transportation of Animals within Northern Marianas

 

Movement and transportation of domestic animals, birds, and poultry between inter-islands within the CNMI shall be accompanied by a health certificate issued by the licensed veterinarian in the CNMI, Chief, or his authorized agents. All certified animals shipment by other than a licensed veterinarian or Chief are subject to reinspection upon arrival on Saipan. Cattle and goats from Tinian must be tested for brucellosis by an accredited veterinarian or the Chief, and must be found negative within 14 days prior to shipment within the CNMI or for export outside the CNMI.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-1220           Entry of Animals Without Inspection Prohibited

 

No domestic animals, poultry, or birds shall be transported between inter-islands without the inspection of Chief or his authorized agents.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

§ 85-20.1-1225           Landing of Animals

 

The landing of any animal for the purpose of inspection or quarantine shall not be construed to be an entry into an island for any purpose. The Chief shall take the necessary action to protect public at the expense of the owner, importer, or consignee. The landing of domestic animals, birds, or poultry known to be affected with any contagious, infectious, or communicable disease shall constitute an unlawful entry.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Part 1300 -     Export of Animals

 

§ 85-20.1-1301           Regulatory Jurisdiction on Exports

 

Shipments of animals to other U.S. areas or territories shall comply with the entry requirements of the state, area or territory of destination, as well as the federal regulations on the interstate shipment of domestic animals, and birds and poultry. Shipments to areas or countries outside the United States of America come under federal jurisdiction.

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 

Part 1400 -     Miscellaneous Provisions

 

§ 85-20.1-1401           Penalty

 

(a)       Any person violating the rules and regulations in this subchapter shall upon conviction, be imprisoned for not more than six months, or fined not more than $2,000.00 or both.

 

(b)       The Chief may assess against any person violating any provision in these adopted rules and regulations, the following fines:

Amount of fine                                   Not more than

First offense                                       $100.00

Second offense                                   500.00

Third offense                                      1,000.00

Fourth & subsequent offenses:          Subject to trial in a

                                                            court of law.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Adopted 11 Com. Reg. 6522 (Sept. 15, 1989); Proposed 11 Com. Reg. 6203 (June 15, 1989).

 


CHAPTER 85-30

DIVISION OF FISH AND WILDLIFE

 

SUBCHAPTER 30.1

NON-COMMERCIAL FISH AND WILDLIFE REGULATIONS

 


Part 001          General Provisions

§ 85-30.1-001             Authority

§ 85-30.1-005             Purpose

§ 85-30.1-010             Regulations Superseded

§ 85-30.1-015             Severability

§ 85-30.1-020             Definitions

§ 85-30.1-025             Exemptions

§ 85-30.1-030             Penalties

 

Part 100          Threatened and Endangered Species

§ 85-30.1-101             Locally Designated Threatened and Endangered Species

Table 100-1    Common, Scientific, & Local Names for CNMI Threatened and Endangered Species

§ 85-30.1-105             Regulations

§ 85-30.1-110             Prohibitions

 

Part 200          Licenses

§ 85-30.1-201             General Procedures

§ 85-30.1-205             Scientific Research License

§ 85-30.1-210             Export License

 

Part 300          Hunting Regulations

§ 85-30.1-301             General Regulations

§ 85-30.1-305             Hunting Seasons, Harvest Limits for and Transportation of Game Animals

Table 300-1    CNMI Game Species

§ 85-30.1-310             Special Regulations for Particular Species

Table 300-2    List of Protected Wildlife and Plant Species in the CNMI

§ 85-30.1-315             Authorized Means of Taking Game Species

§ 85-30.1-320             Moratoriums and Subsistence Hunting

§ 85-30.1-325             Special Hunting Permits

§ 85-30.1-330             Wildlife Conservation Areas

§ 85-30.1-335             Non-commercial Status of Wildlife

§ 85-30.1-340             Captive /Domesticated Wildlife

§ 85-30.1-345             Destruction of Feral Animals

§ 85-30.1-350             Random Selection of Hunters

§ 85-30.1-355             Northern Islands

 

Part 400          Fishing Regulations

§ 85-30.1-401             Use of Explosives, Chemicals, Poisons, Electric Shocking Devices, Scuba or Hookah, Certain Nets, and Disturbance of Habitat

§ 85-30.1-405             Use of Certain Nets for Fishing

§ 85-30.1-410             Collection of Hard Corals

§ 85-30.1-415             Harvest of Trochus niloticus (Aliling Tulompo, Trochus)

§ 85-30.1-420             Harvest of Sea Cucumbers

§ 85-30.1-425             Taking of Lobster

§ 85-30.1-430             Harvest of Other Invertebrates

§ 85-30.1-435             Fish Weirs

§ 85-30.1-440             Moratoria on Fishing

§ 85-30.1-445             Aquarium Fish Prohibitions

§ 85-30.1-450             Marine Reserves

 

Part 500          Importation and Introductions

§ 85-30.1-501             Importation of Animals

§ 85-30.1-505             Introduction of Species


 

Subchapter Authority: 1 CMC § 2654; 2 CMC § 5104; 2 CMC §§ 5323(c) and 5324.

 

Subchapter History: Amdts Adopted 31 Com. Reg. 29532 (May 20, 2009); Amdts Proposed 31 Com. Reg. 29358 (Mar. 26, 2009); Amdts Proposed 25 Com. Reg. 21511 (Dec. 15, 2003);** Amdts Proposed 25 Com. Reg. 21505 (Dec. 15, 2003);** Amdts Adopted 25 Com. Reg. 21445 (Oct. 15, 2003); Amdts Proposed 25 Com. Reg. 20850 (Aug. 22, 2003); Amdts Adopted 25 Com. Reg. 20069 (Feb. 28, 2003); Amdts Proposed 24 Com. Reg. 19593 (Oct. 30, 2002); Amdts Adopted 23 Com. Reg. 18266 (Aug. 16, 2001); Amdts Emergency and Proposed 23 Com. Reg. 17846 (Apr. 23, 2001) (effective for 120 days from Apr. 16, 2001); Amdts Emergency and Proposed 22 Com. Reg. 17498 (Sept. 20, 2000) (effective for 120 days from Sept. 1, 2000); Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Emergency and Proposed 17 Com. Reg. 13839 (Dec. 15, 1995) (effective Dec. 6, 1995);* Amdts Adopted 13 Com. Reg. 7663 (Mar. 15, 1991); Amdts Proposed 13 Com. Reg. 7533 (Jan. 15, 1991); Amdts Adopted 13 Com. Reg. 7553 (Jan. 15, 1991); Amdts Proposed 12 Com. Reg. 7159 (July 15, 1990); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 9 Com. Reg. 4848 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4837 (Dec. 16, 1986); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

*A notice of adoption for the December 1995 proposed amendments was never published.

**As of December 2004, notices of adoption for the December 2003 proposed amendments had not been published.

 

Commission Comment: PL 1-8, tit. 1, ch. 13 (effective Aug. 10, 1978), formerly codified at 1 CMC §§ 2651, et seq., originally created a Department of Natural Resources within the Commonwealth government.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 104:

 

Section 104. Department of Lands and Natural Resources.

 

The Department of Natural Resources is re-designated the Department of Lands and Natural Resources.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

In 1997, the Legislature passed the “Public Lands and Natural Resources Administration Act of 1997,” PL 10-57 (effective Apr. 18, 1997), codified as amended at 1 CMC §§ 2651-2691. PL 10-57 repealed and reenacted chapter 13, division 2 of title 1 of the Commonwealth Code, 1 CMC §§ 2651, et seq., and statutorily established the Department of Lands and Natural Resources (DLNR) with the structure, duties and responsibilities set forth in the act. See 1 CMC § 2651 and the commission comment thereto. 1 CMC § 2653(b) empowers DLNR to protect wildlife resources including fish, game, and endangered species. 1 CMC § 2654 authorizes the Department of Lands and Natural Resources to adopt rules and regulations in furtherance of its duties and responsibilities.

 

PL 2-51 (effective Oct. 19, 1981), the “Fish, Game and Endangered Species Act,” codified as amended at 2 CMC §§ 5101-5109, originally created the Division of Fish and Wildlife within the Department of Natural Resources. PL 10-57 amended that portion of PL 2-51 that created the Division as a part of the re-enactment of tit. 1, div. 2, ch. 13 of the Commonwealth Code. See 1 CMC § 2661 and the commission comment thereto. 1 CMC § 2661(c) assigns the Division the responsibility for the day-to-day administration and enforcement of the Fish, Game and Endangered Species Act, 2 CMC §§ 5101-5109. Pursuant to PL 2-51, the Division is given the power and duty to protect fish, game and endangered and threatened species in the Commonwealth and to issue regulations necessary to carry out the purposes of the act. See 2 CMC § 5104.

 

The Division of Fish and Wildlife first promulgated permanent “Fish and Game Regulations” in 1983 under the authority of PL 1-8 and PL 2-51. See 5 Com. Reg. 2412 (Aug. 31, 1983). The 1986 Fish and Game Regulations readopted and republished the previous regulations in their entirety with extensive changes. In 2000, the Division issued the “Non-commercial Fish and Wildlife Regulations” that are codified in this subchapter, as amended. The history prior to 2000 is provided in the section histories where applicable.

 

In May 2007, the CNMI Attorney General’s Office issued an opinion addressing the jurisdiction of the Department of Lands and Natural Resources Division of Fish and Wildlife “to enforce CNMI laws regulating fishing practices and equipment within the Commonwealth’s near shore waters.” 29 Com. Reg 26517 (May 16, 2007). Attorney General Opinion 07-01 regarding the CNMI’s rights over its submerged lands provides:

 

The CNMI has unimpeded jurisdiction over its internal waters and underlying submerged lands. The CNMI maintains traditional police powers in the three-mile wide territorial sea. The CNMI is entitled to additional rights in its territorial sea and exclusive economic zone, though the specific extent of those rights must be clarified by, and vested though, an act of Congress.

 

29 Com. Reg 26517 (May 16, 2007).

 

For the full text of Attorney General Opinion 07-01, see 29 Com. Reg 26517 (May 16, 2007).

 

Part 001 -       General Provisions

 

§ 85-30.1-001             Authority

 

The Division of Fish and Wildlife of the Department of Lands and Natural Resources, reorganized under E.O. 94-3, was created by Commonwealth Public Law (PL) No. 2-51 on October 1981, to provide for the conservation of fish, game, and endangered species. Pursuant to 2 CMC §§ 5104(b)(7), 5104(c), the Secretary of the Department of Lands and Natural Resources (DLNR), CNMI, after consulting with the Director, Division of Fish & Wildlife, is authorized to issue regulations necessary to carry out the purposes of PL 2-51, and pursuant to 2 CMC §§ 5108, and 5109 to include:

 

(a)       Establishing seasons for hunting and fishing.

 

(b)       Specifying the type, size, and other characteristics or devices used for taking fish and game.

 

(c)       Providing for the issuance of recreational fishing and hunting licenses and to impose fees for such licenses.

 

(d)       Providing bag, creel, and possession limits.

 

(e)       Setting any necessary geographic or appropriate limits on fishing or hunting.

 

(f)        Providing for the exemption of conservation officers and other persons from provisions of PL 2-51, when such exemption would be consistent with the overall purposes of PL 2-51.

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (f).

 

The 1990 amendments amended the opening paragraph. The 2000 amendments amended the opening paragraph and subsections (a) through (f). The Commission inserted commas after the words “size” in subsection (b) and “creel” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-005     Purpose

 

To establish clear, simple and uniform regulations governing the hunting, fishing, and conservation of fish and wildlife with respect to law as set forth in PL 2-51, §§ 5(a), (b) and (c).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

§ 85-30.1-010             Regulations Superseded

 

The regulations in this subchapter supersede all rules and regulations issued by the Department of Lands and Natural Resources in effect prior to the adoption of these regulations for non-commercial fish and wildlife activities.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000).

 

§ 85-30.1-015             Severability

 

If any provision of the regulations in this subchapter shall be held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations shall not be affected thereby.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000).

 

§ 85-30.1-020             Definitions

 

For purposes of the regulations in this subchapter, the following terms are defined in alphabetical order:

 

(a)       “Act” means CNMI PL 2-51, “the Fish, Game and Endangered Species Act,” 2 CMC § 5101.

 

(b)       “Aquarium fish” means any fish captured in CNMI waters with the intent or the subsequent use for decorative or display purposes.

 

(c)       “Bag limit” means the maximum number of game animals that may be legally taken in one hunting day.

 

(d)       “Beach seine/drag net” means

(1)       Any seine (net) that is hauled or dragged over the bottom into shallow water or onto the beach, either by hand or with power winches, or

(2)       Any seine (net) where one or more ends is attached to the beach and the remaining end is deployed into the water where the bottom and surface of the seine act as natural barriers which prevent the fish from escaping from the area enclosed by the net.

 

(e)       “Captive wildlife” means wildlife that is confined, regularly tended and showing signs of ownership that is less than three generations from the feral stage.

 

(f)        “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

 

(g)       “CNMI” means the Commonwealth of the Northern Mariana Islands.

 

(h)       “Commercial fishing or hunting” means fishing or hunting in which the fish or wildlife harvested, either in whole or in part, is intended to enter commerce or enter commerce through sale, barter or trade.

 

(i)        “Conservation officer” means an employee of the Department of Lands and Natural Resources assigned to the Division of Fish and Wildlife whose primary duty is to enforce the provisions of PL 2-51 [2 CMC §§ 5101-5109], and the regulations issued under PL 2-51. Conservation officers are official CNMI law enforcement personnel. The Secretary, Department of Lands and Natural Resources and the Director, Division of Fish and Wildlife are conservation officers ex-officio under provisions of PL 2-51.

 

(j)        “Director” means the Director of the Division of Fish and Wildlife, Department of Lands and Natural Resources.

 

(k)       “Division” means the Division of Fish and Wildlife.

 

(l)        “Domesticated” means wildlife cultivated, confined, regularly tended, captive, or showing signs of ownership that is at least three generations from the feral stage.

 

(m)      “Electronic shocking device” means a device that maims, stuns, or kills fish or wildlife with an electric current.

 

(n)       “Endangered species” mean any species designated by the Director as being in imminent danger of extinction, and may include the designation of any portion of a listed species range as the critical habitat of such species.

 

(o)       “Enforcement section supervisor” means the conservation officer designated by the Director to supervise the conservation officer staff.

 

(p)       “Exotic” means all species not native to CNMI.

 

(q)       “Export” means to remove from any land or water area under the jurisdiction of the CNMI to any other place in the world.

 

(r)        “Feral” means not domesticated, cultivated, confined, regularly tended or showing signs of ownership such as: cattle, pig, goats, and deer.

 

(s)        “Firearm” means any barreled weapon from which any shot, bullet, or other missile can be discharged.

 

(t)        “Fish” means finfish, molluscs, crustaceans, and all other forms of aquatic animal and plant life other than mammals and birds.

 

(u)       “Fishing” or “to fish” means any activity which does, or is intended to, or can reasonably be expected to, result in catching, taking, or removing fish.

 

(v)       “Fish weir” means any trap placed in the water which is used to harvest fish.

 

(w)      “Flora” means all aquatic or terrestrial plants found in the CNMI.

 

(x)       “Game animal” means any species of mammal, bird, reptile, or crustacean designed by law or regulation as a species that is subject to legal hunting. However, game animals may be subject to moratoriums placed on hunting.

 

(y)       “Gillnet” means any net made of any material that is designed to capture fish by entangling them through the gills.

 

(z)       “Hunting” or “to hunt” means to chase, pursue, worry, follow after or on the trail of, stalk or lie in wait for the purpose of taking animals, and includes molesting, trapping, attempting to trap or shooting at animals, whether or not the animal is then or subsequently captured, killed, or injured.

 

(aa)      “Import” means to land on, bring into, or attempt to land on, bring into, or introduce into any place under the jurisdiction of the CNMI.

 

(bb)     “Lobster” means only the spiny lobster of the genus Panulirus.

 

(cc)      “Marine invertebrates” means any marine animal lacking vertebrate, including, but not limited to, starfish, crabs, sea cucumbers, bivalves and gastropods and any part of such species whether alive or dead.

 

(dd)     “Northern Islands” means all islands and adjacent islands north of Saipan to include Farallon De Medinilla, Anatahan, Sarigan, Guguan, Alamagan, Pagan, Agrihan, Asuncion, Maug Islands and Uracas (Farallon De Pajaros).

 

(ee)      “Person” means any individual, corporation, society, organization, or other entity.

 

(ff)      “Plant” means any plant belonging to a species that is wild by nature or that is not easily distinguishable from such a species.

 

(gg)     “Poison”‘ means any substance capable of stunning, harming or killing fish through biochemical or biophysical means, including but not limited to hypochlorous acid or any of its salts, including bleaches commonly sold under various trade names such as Clorox and Purex and bleaching powders, preparations containing Rotenone, Tephrosin, or plant materials from Barringtonia asiatica, Coculus ferrandianus, Hura drepitans, Piscidia erythrina, Derris spp., Tephorosia purpurea, and Wikstremia spp.

 

(hh)     “Protected species” includes all species of resident and migratory birds, mammals, reptiles, fish, and plants which have been designated as protected by the Director and which may not be hunted or harassed.

 

(ii)       “Public hunting area” means those public lands designated by the Division of Public Lands to be controlled or managed by the Division where the public may hunt game animals.

 

(jj)       “Resident” means a person, including an alien, who for the proceeding twelve consecutive months has maintained a permanent place of abode in the CNMI.

 

(kk)     “Resident Director” means the supervisor of DLNR personnel on Tinian, Rota, and other islands in the CNMI with the exception of Saipan.

 

(ll)       “Surround net” means any net made from non-monofilament materials that catches fish by herding them toward a collection area in the middle of the net and which is not designed to entangle fish in any way.

 

(mm)   “Scoop net” means any net suspended from a frame and used by hand to retrieve fish.

 

(nn)     “Season limit” means the maximum number of game animals that a hunter may legally take during an entire hunting season.

 

(oo)     “Secretary” means the Secretary of the Department of Lands and Natural Resources, CNMI.

 

(pp)     “Southern Islands” means all islands and adjacent islands south of Farallon de Medinilla to include Saipan, Bird Island, Forbidden Island, Managaha, Tinian, Aguijan, Naftan Rock, Rota, and Anjota Island.

 

(qq)     “Subsistence fishing” means the taking of fishing for, or possession of fish, shellfish, or other fisheries resources by a resident for subsistence purposes, when no other reasonable means of providing sustenance is available.

 

(rr)      “Subsistence hunting” means the taking of wildlife to provide sustenance for the taker and the taker’s family when no other reasonable means of providing sustenance is available. See § 85-30.1-320(b) for examples and clarification.

 

(ss)      “Take” means to capture, attempt to capture, harvest, kill, attempt to kill, hunt, trap, spear, collect, fish, pursue, harm, harass, or in any manner disturb, or attempt to do the above activities.

 

(tt)       “Threatened species” means any species designated by the Director as threatened with extinction, and may include the designation of any portion of a listed species range as the critical habitat of such species.

 

(uu)     “Unprotected species” includes all species that are not designated as threatened, endangered, protected or game species.

 

(vv)     “Vessel” means any structure designed for navigation in the water or air.

 

(ww)    “Wildlife” means all species of (terrestrial) mammals, birds, reptiles, and amphibians that occur in the wild in the CNMI. In addition, terrestrial crustaceans, such as coconut crabs (Birgus latro), land crabs (Cardisoma hirtipes and C. carnifex) are classified as wildlife in the CNMI.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1990 amendments amended former subsections (a), (o) and (s). The 2000 regulations readopted and republished this section with numerous amendments and additions.

 

In subsection (e), the Commission inserted the final period. In subsection (s), the Commission changed the final semi-colon to a period.

 

In subsection (rr), the original cross-reference was to part 3 § 50.2, a section that does not exist. The Commission changed the cross reference to part 4 § 50.2, codified at 85-30.1-320(b). The Commission inserted commas after the words “captive” in subsection (l), “stuns” in subsection (m), “goats” in subsection (r), “bullet” in subsection (s), “taking” in subsection (u), “reptile” in subsection (x), “killed” in subsection (z), “organization” in subsection (ee), “Rota” in subsections (kk) and (pp), and “reptiles” in subsection (ww) pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-025             Exemptions

 

Division staff and conservation officers shall be exempt from provisions of the Act and regulations issued under the Act when acting in the course of their official duties, provided those duties are consistent with the overall purposes of PL 2-51 [2 CMC §§ 5101-5109].

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

§ 85-30.1-030             Penalties

 

Violations of fish and wildlife regulations in this subchapter shall be penalized in accordance with PL 2-51 §10, 2 CMC § 5109, as amended.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Part 100 -       Threatened and Endangered Species

 

§ 85-30.1-101             Locally Designated Threatened and Endangered Species

 

The Secretary, after consultation with the Director, may designate species or subspecies of fish, wildlife, and plants as threatened or endangered. This designation may include the designation of any portion of a listed species or subspecies range as the critical habitat of such species or subspecies. Table 1 contains a list of species that have been designated as threatened or endangered.

 

History: Amdts Adopted 31 Com. Reg. 29532 (May 20, 2009); Amdts Proposed 31 Com. Reg. 29358 (Mar. 26, 2009).

 

Table 100-1    Common, Scientific, & Local Names for CNMI Threatened and Endangered Species

 

 

CNMI Name

 

Chamorro Name

 

Carolinian Name

 

Birds:

 

Micronesian Megapode (Megapodius laperouse laperouse)

 

Sasangat

 

Sasangal

 

Common Moorhen (Gallinula chloropus) (G.c. guami) - Mariana Islands sub-species

 

Pulattat

 

Ghereel Bweel

 

Guam Swiftlet

(Aerodramus)

 

Chachaguak

 

Leghekiyank

 

Mariana Crow

(Corvus kubaryi)

 

Aga

 

Mwii

 

Nightingale Reed-Warbler (Acrocephalus luscinia)

 

Ga’ga’ karisu

 

Malul ghariisu

 

Rota Bridled White-eye (Z.c. rotensis)

 

Nosa

 

Littchogh

 

Mammals:

 

Marianas Fruit Bat (Pteropus mariannus)

 

Fanihi

 

 

 

Sheath-tailed Bat (Emballonura semicaudata)

 

Payesyes

 

 

 

Reptiles:

 

Green Sea Turtle

(Chelonia mydas)

 

Haggan

 

 

 

Hawsbill Turtle (Eretmochelys imbricata)

 

Haggan Karai

 

 

 

Micronesian Gecko (Perochirus ateles)

 

Gaali’ek

 

Micronesian Gecko (Perochirus ateles)

 

Plants:

 

Fire Tree (Serianthes nelsonii)

 

Trongkon guafi

 

 

 

Cat’s Tail or Disciplina (Lycopodium phlegmaria var. longifolium)

 

 

 

 

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 31 Com. Reg. 29532 (May 20, 2009); Amdts Proposed 31 Com. Reg. 29358 (Mar. 26, 2009); Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000).

 

Commission Comment: The Department of Lands and Natural Resources first adopted a part 6 entitled “Threatened or Endangered Species” as an amendment to the 1986 Fish and Game Regulations. See 13 Com. Reg. 7663 (Mar. 15, 1991); 13 Com. Reg. 7533 (Jan. 15, 1991). The 2009 amendments removed the Tinian Monarch bird from this section.

 

§ 85-30.1-105             Regulations

 

The Secretary, in consultation with the Director, may develop regulations and procedures designed to protect and enhance populations of threatened or endangered species as provided in 2 CMC § 5108. A species or subspecies is considered threatened or endangered when the Secretary, in consultation with the Director, determines that its numbers have decreased to such an extent as to indicate that its continued existence is threatened.

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000).

 

§ 85-30.1-110             Prohibitions

 

A species or subspecies listed as threatened or endangered may not be harvested, captured, harassed or propagated except under the terms of a special permit issued by the Director for scientific purposes, or for propagation in captivity for the purpose of preservation. A person who, without a special permit issued in accordance with the regulations in this subchapter, harvests, injures, imports, exports, captures, or harasses a species or subspecies listed under this section, intentionally or not, is in violation of this subchapter and subject to the penalties established under 2 CMC § 5109.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000).

 

Commission Comment:  The Commission corrected the spelling of “may” pursuant to 1 CMC § 3806(g). The Commission inserted a comma after the word “captures” pursuant to 1 CMC § 3806(g).

 

Part 200 -       Licenses

 

§ 85-30.1-201             General Procedures

 

(a)       License Required

(1)       A person may not take regulated fish or game unless that person has been issued a license from the Division or any designated agent of the Division. Unprotected wildlife may be taken year-round without a hunting license. A license is required for the taking of any of the following fish and game:

(i)        Sambar deer (Binado) - Cervus unicolor

(ii)       Philippine Turtle-dove (Paluman apu) - Streptopelia bitorquata

(iii)      Precious corals - Corallim spp.

(iv)      Hermatypic and other hard corals, soft corals and stony hydrozoans

(v)       Land crab (Panglao tunas) - Cardisoma hirtipes

(vi)      (Panglao echung) - Cardisoma carnifex and other terrestrial crabs

(vii)     Coconut crab (Ayuyu) - Birgus lataro

(viii)    Any species of fish or marine invertebrates taken by a method or for a purpose regulated by part 400 herein.

(2)       Any species not listed above, and not designated as protected, threatened, or endangered, is considered unprotected wildlife and may be taken at any time without a license.

(3)       Any person engaged in fishing or hunting, or having in his or her possession, fish or wildlife taken in the CNMI, shall upon request and being shown proper identification, allow a conservation officer to immediately inspect any fish or wildlife taken by or under control of the person and licenses, and permits, if any, or any articles or materials used in such fishing or hunting. Any person engaged in fishing or hunting, or having in his or her possession fish or wildlife taken in the CNMI, shall upon request and being shown proper identification, allow a Division biologist or technician to collect data and/or reports on fish or wildlife taken by or under the control of the person.

 

(b)       Application and Issuance of Licenses

(1)       Licenses for taking of fish and game listed in parts 200 and 300 herein shall be issued by the Division or any of its agents upon written application in a form prescribed by the Division, and upon payment of a fee as required by the regulations in this subchapter. Any false statement or information rendered in the application, issue or use of the license shall invalidate the license issued and subject the individual who made the false statement to punishment and penalty, or both, as prescribed in 2 CMC § 5109.

(2)       A person who has resided in the CNMI for one year or longer may apply as a resident; all other persons must apply as non-resident. A person need not apply for a license in order to possess game taken by another person, but a “certificate of origin” letter signed by a valid license holder and verified by the Division, must accompany the game animal or parts thereof at all times. (See § 85-30.1-301).

(3)       The Division may require the applicant to provide any of the following as proof of residency of twelve consecutive months:

(i)        Any bill in the applicant’s name for services provided to applicant’s stated CNMI residence for one year, such as a CUC bill or telephone services bill addressed to the applicant at his or her CNMI address; or

(ii)       Pay check stubs from applicant’s CNMI employer reflecting applicant’s one year residency in the CNMI; or

(iii)      Any other documentation which satisfies the Division that applicant has resided within the CNMI for more than twelve consecutive months.

(4)       A person shall not be issued a license if that person:

(i)        Has been convicted of any violation of the regulations in this subchapter or any other law relating to the taking of any fish and game within the previous one year period;

(ii)       Has failed to provide the information required to issue a license or has made false statements in his or her application;

(iii)      Has not returned hunter report cards when required for the previous years, if the person has previously been issued a license number; or

(iv)      Has not furnished for inspection a valid CNMI identification card allowing the possession of firearms, if the application is for a hunting license.

 

(c)       Non-commercial License

 

 

Resident

Non-Resident

(1)

Sambar Deer

$10 (lottery)

Not allowed

(2)

Wild Goat/Pig/Cow

$5

$25

(3)

Philippine Turtle-Doves

$10

$75

(4)

Sea Crab

$10

$75

(5)

Land Crab

$10

$75

(6)

Coconut Crab

$10

$75

(7)

Aquarium Fish

$10

$100

(8)

Net

0-50 feet

50-100 feet

 

$10

$25

 

$75

$100

(9)

Scientific Research

$10

$10

 

(d)       Duration of License

(1)       A license shall be valid from 0000 hour of January, or the date of issuance (whichever is later), until 2400 hour of December 31 of the same year. The license shall be valid to hunt only the species indicated on the license, only during the period covered by the license and authorized by the regulations in this subchapter, including each part of any “split” seasons.

(2)       The Director may suspend, revoke, modify or cancel any license or permit issued in addition to any other penalty provided under the Act.

 

(e)       Display of License

A person to whom a license has been issued as provided in subsection (a), may not permit any other person to carry, display or use the license in any way. Every person to whom a license has been issued shall carry the license upon his or her person when fishing or hunting,, and shall show the license upon demand of any officer authorized to enforce the fish and game laws of the CNMI.

 

(f)        License Conditions

Any license, or permit issued pursuant to the regulations in this subchapter may include any conditions deemed necessary by the Division to further the functions delegated to the Division by law.

 

Modified, 1 CMC § 3806(c), (d), (e), (f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The original paragraphs of subsections (a) and (d) were not designated. The Commission designated subsections (a)(1) through (a)(3) and (d)(1) and (d)(2).

 

The 1990 amendments added new subsections (a)(2) and (b)(4)(iii) and amended former subsections (a), (b)(1), (b)(2), (c), (d)(1) and (f). The 2000 regulations added new subsections (a)(2), (b)(3) and (f), deleted former subsection (e), re-designated accordingly and amended subsections (a)(1), (a)(3), (b)(1), (b)(2), (b)(4)(i) through (iv), (c), (d)(1), (d)(2) and (e). The Commission inserted a comma after the word “threatened” in subsection (a)(2) pursuant to 1 CMC § 3806 (g).

 

§ 85-30.1-205             Scientific Research License

 

(a)       Purpose

The purpose of the scientific research license is to gain access to research data, acquired in the CNMI, for use in resource management.

 

(b)       Persons Requiring License

(1)       A person conducting research on wild or feral animals in the CNMI, or on captive populations of such animals, which involves the capture, handling, collection, or harassment of fish or wildlife, must have a scientific research license unless excepted by this section.

(2)       Research conducted by a team requires that only the team leader(s) have a license if:

(i)        The team leader is always present during field studies.

(ii)       All other members of the team are under the team leader’s direct supervision.

 

(c)       Issuance of License

(1)       Upon applying for the license, the applicant must provide a written statement including names and addresses (permanent and CNMI) of all the team members, description of research plan, approximate duration of the research, and any anticipated support (transportation, equipment, personnel participation, etc.) that might be requested from the CNMI government, and fee of $10.

(2)       Prior to issuing the license, the Director shall analyze the benefit of the particular research to the CNMI and determine whether it exceeds any potential harm to the resource involved.

(3) The license may be issued only upon agreement by the license holder that a complete report on the results of the research (including data collected) will be submitted to the Division within one year from date of license issuance. The license may be conditioned by the Director to fulfill the obligations of the Division and the regulations in this subchapter.

 

(d)       Exemption from Regulations

The Director may exempt license holders from specific requirements of this section provided that the Director specify the extent and duration of the exemption in writing and that this information accompany the license holder at all times that licenses activities are being undertaken.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1990 amendments amended subsection (b)(1). The 2000 regulations amended subsections (a), (b)(1), (b)(2), (c)(1), (c)(3) and (d). The Commission inserted a comma after the word “collection” in subsection (b)(1) pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-210             Export License

 

(a)       Persons Requiring License

Any person who removes any fish or wildlife from the jurisdiction of CNMI for export must obtain an export license.

 

(b)       Issuance of License

(1)       Upon application for an export license, the Director shall determine the extent of the proposed commercial export activity and its anticipated impact upon the natural resources of the CNMI.

(2)       Based upon such determination, the Director may issue a license contingent upon specific terms and conditions. Such specific terms shall include any limit necessary for the protection of fish and game on the number, size, reproductive state and geographic location of the species covered by the license.

 

(c)       Record Keeping

(1)       A person granted an export license shall be required to submit records to the Division at the end of the year and to maintain the following records which must be presented upon renewal of the export license:

(i)        Form of wildlife or fish such as: dead, cooked, frozen, live, rawhides, garments, etc.;

(ii)       Number of items;

(iii)      Weight;

(iv)      Common and scientific names;

(v)       Exact place of origin;

(vi)      Date and place of export;

(vii)     Date of subsequent disposition or sale;

(viii)    Manner of disposition such as: sale, trade, consumed, etc.

(2)       The licensee shall permit conservation officers and Division biologist and/or technicians to examine and copy these records during regular working hours upon request by the conservation officer or Division biologist and/or technicians.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 2000 regulations amended subsections (a) through (c). The Commission inserted semicolons at the ends of subsections (c)(1)(i) through (c)(1)(vii) pursuant to 1 CMC § 3806(g).

 

Part 300 -       Hunting Regulations

 

§ 85-30.1-301             General Regulations

 

(a)       Legal Hunting Hours

Legal hunting hours for game animals shall be from one-half hour before sunrise to one-half hour after sunset, and only during the designated hunting season. Coconut crabs may be hunted during any time of day or night during the designated hunting season.

 

(b)       Hunting License Required

A person may take a game animal only if that person has been issued a hunting license authorizing the taking of that species of game animal. Hunting licenses may be obtained from the local office of the Division of Fish and Wildlife, or from an authorized agent.

 

(c)       License or “Certificate of Origin” Letter to Be in Possession

A person must carry a valid CNMI hunting license while hunting. Any person in possession of a game animal, mounted specimen, antlers, skin, meat, or any part of the animal must have a valid CNMI hunting license or a certificate of origin. A certificate of origin is a letter or statement signed by the valid CNMI license holder who killed the animal and which is certified by the Director, Resident Director or Enforcement Section Supervisor. The certificate of origin must state:

(1)       Species and sex of animal;

(2)       Date killed;

(3)       Hunting license number and date issued;

(4)       Person to whom given;

(5)       Animal part and amount given, and be attached to the animal or animal part where it can be readily seen by the conservation officer or others.

 

(d)       Inspection of License and Hunter’s Bag

Upon request, every person engaged in hunting or transporting a game animal or parts thereof must surrender for inspection his or her license or “certificate of origin” letter and all game in his/her possession to any conservation officer or other CNMI officer authorized to inspect under CNMI laws.

 

(e)       Legal Hunting Age

The legal hunting age for CNMI is sixteen years of age or older. Only persons who may legally possess firearms, bows, or crossbows may hunt game with firearms, bows, or crossbows. A valid gun registration number is required on the license of all hunters who intend to use firearms to take wildlife. Individuals sixteen years of age or under may be issued hunting licenses for species that may be legally taken without the use of firearms or bows. Hunting licenses for persons under the age of eighteen years may be conditioned on successful completion of Department sponsored or sanctioned rifle or bow training programs.

 

(f)        Hunter Report Cards

Every person issued a hunting license will also be issued a hunter report card. Hunters must provide all information required on the report card. Completed hunter report cards must be turned in to the Division within ten days after the close of the season. Every person who is issued a license to hunt deer will also be issued a registered deer tag. If the hunter kills a deer, he or she must immediately attach the deer tag to the carcass in the manner prescribed on the tag instructions. After gutting the deer, the hunter must immediately bring the deer to the DFW designated deer check station and allow check station staff to weigh and inspect the deer, and to record the tag number. Possession of an untagged or unregistered deer is prohibited. Any hunter who brings any part of that deer to another CNMI island must obtain a certificate of origin from the check station staff, the Director, or the Resident Director, or the Enforcement Section Supervisor. The hunter must present the certificate of origin to custom or quarantine officials upon entering another CNMI island.

 

(g)       Prohibited Activities

The following activities are prohibited. It is illegal for a person to:

(1)       Hunt while under the influence of alcohol or a narcotic or other disabling drug.

(2)       Take wildlife while riding or on any motorized vehicle including automobiles, motorized bikes, motor powered boats, helicopters, or airplanes.

(3)       Take or pursue wildlife while riding on an animal.

(4)       Use fire or artificial light as an aid in taking wildlife, except that artificial light may be used to hunt coconut and land crabs during the specified season.

(5)       Discharge a gun, bow and arrow, or cross bow in an attempt, to take a game animal within a village or within two hundred meters of a human dwelling. It is likewise illegal to discharge such weapons across a public road, or within twenty-five meters of a road.

(6)       Use dogs to hunt anything except game birds.

(7)       Sell or barter game animals or game animal products with the exception of feral goats, feral pigs, or feral cows.

(8)       Possess any game animal, mounted specimen, antlers, skin, meat, or any part thereof without having a hunting license valid at the time of kill or a “certificate of origin” letter, as defined in § 85-30.1-201(c).

(9)       Hunt, kill, or possess any threatened, endangered, or protected species, or any part thereof, without a valid scientific permit.

(10)     Start a fire in a designated wildlife area or wildlife sanctuary.

(11)     Hunt while on official CNMI government travel unless specifically authorized in writing by the Secretary prior to travel.

(12)     Discharge any weapon within five hundred meters of a known, occupied bat roost. This will be enforced even in the event of a bat season being opened.

(13)     Hunt in closed areas.

 

(h)       Hunting Areas and Access

Hunting may only be conducted on public lands designated by the Director or on private lands with permission from the landowner.

 

Modified, 1 CMC § 3806(c), (e), (f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 9 Com. Reg. 4848 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4837 (Dec. 16, 1986); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1987 amendments added subsection (c)(5) and amended subsection (g)(7). The 1990 amendments amended subsections (c) and (c)(4), (e) and (g), and added subsections (g)(9) and (10). The 2002 regulations amended subsections (a) through (f), (g)(5), (g)(7), (g)(9) and (g)(8), and added subsections (g)(11) through (g)(13). The Commission inserted commas after the words “meat” in subsection (c), “bows” in subsection (e), “helicopters” in subsection (g)(2), “pigs” in subsection (g)(7), “meat” in subsection (g)(8), and “kill” in subsection (g)(9) pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-305             Hunting Seasons, Harvest Limits for and Transportation of Game Animals

 

(a)       Hunting Seasons and Harvest Limits

The species of wildlife listed in table 300-1 are game animals in the CNMI and may be legally hunted during their respective hunting seasons. The hunting season ends at midnight on the last day of the season. Individual hunters must be in possession of a valid hunting license for each game species to be taken and must abide by the respective bag limit, season limit and the season. Consult table 300-1 for information on hunting seasons and harvest limits.

 

(b)       Transportation of Game Animals

(1)       Transportation between islands within the Commonwealth of the game animals, or any parts thereof, after the end of the season is prohibited. However, if the person transporting the game animals, or any parts thereof, has a certificate of origin for the game animals that is signed by either the Director of DFW or the Resident Director or the Enforcement Supervisor, as stipulated in § 85-30.1-301(c), then the game animals, or any parts thereof, may be transported between islands of the Commonwealth.

(2)       The certificate of origin authenticates that the game animal or parts thereof was legally caught during the hunting season. It is not intended to extend the hunting season or increase harvest limits. Therefore, transportation between the islands of the CNMI of game animals, or parts thereof, with a certificate of origin will be allowed for a period of up to fifteen days after the end of the season for that particular game animal.

 

Table 300-1    CNMI Game Species

 

 Game

 Animals

 

Bag Limit

 (Total/CNMI)

 

Season Limit

 (Total/CNMI)

 

Season

 

 Sambar Deer

 (Rota only)

 

1

 

1

 

9/1 - 11/30

 

 Wild Goat/

 Pig/Cow

 

No Limit

 

No Limit

 

Open all year

 

 Philippine

 Turtle-dove

 

5

10

 

20

20

 

4/15 - 5/31

10/1 - 11/30

 

 Coconut Crab

 

5

 

10

 

9/15 - 11/15

 

 Land Crab

 

No Limit

 

No Limit

 

4/1 - 6/30 and

10/1 - 12/31

 

Note: Unprotected wildlife may be taken year round without a hunting license.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Adopted 25 Com. Reg. 21445 (Oct. 15, 2003); Amdts Proposed 25 Com. Reg. 20850 (Aug. 22, 2003); Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 9 Com. Reg. 4848 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4837 (Dec. 16, 1986); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The original paragraphs of subsection (b) were not designated. The Commission designated subsections (b)(1) and (b)(2). The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

The 1987 amendments amended the first row of table 300-1. The 1990 amendments amended the opening paragraph and table 2. The 2000 regulations re-designated and amended table 300-1.

 

The 2003 amendments amended the opening paragraph of subsection (a) and added a new subsection (b). The notice of adoption for the 2003 amendments changed the proposed language of this section. See 25 Com. Reg. at 21446 (Oct. 15, 2003).

 

§ 85-30.1-310             Special Regulations for Particular Species

 

(a)       Deer

(1)       Only antlered, male deer may be taken. Visible evidence of the sex of the deer must accompany the carcass while in the field and during transportation to the check station and the hunter’s residence.

(2)       Before the beginning of the hunting season, the Director will determine the number of deer licenses that will be made available for that season. The Division will announce a period during which people may register for deer hunting licenses. Licenses for deer hunting will be allocated based on a random drawing from among those people who have registered. A new registration file will be created each year.

 

(b)       Coconut Crabs

(1)       A coconut crab which measures less than three inches wide across the back may not be taken at any time.

(2)       A female crab, regardless of size, may not be taken when it is carrying eggs beneath the abdomen (berried).

(3)       The only legal means of taking coconut crabs is by hand.

(4)       The sale of coconut crabs captured in the CNMI is strictly prohibited.

(5)       The preserving or mounting of coconut crabs for display purposes or the sale of such crabs within the CNMI is strictly prohibited.

 

(c)       Bird Eggs

The taking of eggs from any species of land or sea bird is prohibited unless a special permit is issued by the Director. Any special permit is subject to the conditions on that permit as specified by the Director.

 

(d)       Other Species of Birds, Reptiles, Mammals and Plants

Hunting for any species listed in table 300-2 is prohibited.

 

Table 300-2: List of Protected Wildlife and Plant Species in the CNMI

Protected Wildlife

Order, Family, Species

Common Names

Seabirds (including, but not exclusive to:)

Order Procellariiformes

 

-Family Diomedeidae

Albatrosses

-Phaethon lepturus

White-tailed Tropicbird

-Sula leucogaster

Brown Booby

-Sula sula

Red-footed Booby

-Sula dactylatra

Masked Booby

-Frigata minor

Great Frigatebird

Long-legged, long-necked Waders

Order Ciconiiformes

 

-Egretta sacra

Pacific Reef-Heron

-Bubulcus ibis

Cattle Egret

-Egretta intermedia

Intermediate Egret

Waterbirds

Family Rallidae

 

-Rallus owstoni

Guam rail

-Gallunula chloropus

Mariana Common Moorhen

Shorebirds

Order Charadriiformes

 

-Anous minutus

Black Noddy

-Anous stolidus

Brown Noddy

Native Forest Birds

Megapodius laperouse

Micronesian Megapode

Gallicolumba xanthonura

White-throated Ground-Dove

Ptilinopus roseicapilla

Mariana Fruit-Dove

Aerodramus vanikorensis

Island (Gray) Swiftlet

Corvus kubaryi

Mariana Crow

Monarcha takatsukasae

Tinian Monarch

Rhipidura rufifrons

Rufous Fantail

Acrocephalus luscinia

Nightingale Reed-warbler

Aplonis opaca

Micronesian Starling

 

Rota Bridled White-eye*

Cleptornis marchei

Golden White-eye

Reptiles

Chelonia mydas

Green Sea Turtle (Haggan)

Eretmochelys imbricate

Hawksbill Turtle (Haggan Karai)

Perochirus ateles

Micronesian Gecko (uali’ek)

Marine Mammals

Cetaceans

Whales and Porpoises

Plants

Serianthes nelsonii

Fire tree (Trongkon guafi, Hayun lago)

Lycopodium phelgmaria

cat’s tail or discipina fern

Osmoxylon mariannense

(no common name)

Tabernaemontant rotensis

(no common name)

 

* So in original. No scientific name is provided for the Rota Bridled White-eye.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986);

 

Commission Comment: The original paragraphs of subsection (a) were not designated. The Commission designated subsections (a)(1) and (a)(2).

 

The 1990 amendments deleted former subsections (b)(4) and (c). The 2000 regulations added new subsections (a)(2), (c) and (d), and amended subsections (a)(1) and (b)(4).

 

§ 85-30.1-315             Authorized Means of Taking Game Species

 

(a)       Only firearms meeting current CNMI caliber/gauge and registration requirements and bows of forty pound draw or more may be used to harvest game animals with the exception of live captures as otherwise provided herein for specific species.

 

(b)       If bows and arrows are used to hunt deer, goats, or pigs, the arrows must be fitted with arrow-heads that are at least seven-eighths inch across at the widest point and have no fewer than two cutting edges.

 

(c)       Unless authorized under this section, firearms, devices, nets, explosives, traps, snares, chemicals, etc. may not be used to take game animals. However, wild goats, pigs, or cows may be captured alive in nets, traps, and leg hold snares.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986);

 

Commission Comment: The 1990 amendments amended subsection (a). The 2000 regulations amended subsection (a). The Commission inserted commas after the words “goats” in subsection (b) and “pigs” and “traps” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-320             Moratoriums and Subsistence Hunting

 

(a)       Moratorium on Hunting

(1)       The Secretary, after consultation with the Director, may suspend the legal hunting of any or all wildlife species if the Director finds:

(i)        Wildlife populations have declined in numbers such that they cannot support hunting; or,

(ii)       Hunting presents a threat to human safety; or,

(iii)      Circumstances prevent reasonable compliance with or enforcement of hunting regulations. 

(2)       All moratoria must be announced through public media at least fourteen days prior to the effective date. A moratorium on hunting will remain in effect until the Secretary, in consultation with the Director, determines that hunting is again warranted.

 

(b)       Subsistence Hunting

The Secretary, after consultation with the Director, may in certain cases make exemptions in the seasons, harvests, and regulations for individuals engaged in subsistence hunting, provided however that no exemption to the regulations will be made in the case of threatened or endangered species. Examples of valid subsistence hunters include permanent residents living on the remote northern islands north of Saipan. Wildlife taken under subsistence conditions must be utilized as a personal food source and not sold or traded. Permanent residents of the northern islands may legally offer game species taken as subsistence to legitimate off-island guests during mealtime. Such game must be consumed by the guest on the permanent resident’s premises and may not be transported off island. Off island residents may not legally take game in the northern islands except in accordance with normal season and license provisions. Permanent resident is defined by 1 CMC § 6201, or amending legislation.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1990 amendments amended subsection (b). The 2002 regulations amended subsections (a)(1), (a)(2) and (b).

 

On April 15, 1988, the Department suspended the legal hunting of sambar deer anywhere in the Commonwealth during the spring season from May 1st until May 31st pursuant to the authority of subsection (a) of this section. See 10 Com. Reg. 5535 (Apr. 15, 1988). The Commission inserted a comma after the word “harvests” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-325             Special Hunting Permits

 

(a)       The Secretary, after consultation with the Director, may authorize special hunting or fishing permits only for the following reasons:

(1)       To prevent wildlife from causing significant economic damage. Example: Special hunting permits to control wildlife depredation of agricultural crops.

(2)       To mitigate any adverse impact that wildlife may have on the environment. Example: Special hunting permits for the reduction of feral animals to prevent damage to wildlife habitat caused by over grazing or over browsing.

(3)       To avert any danger or safety hazard to humans or domestic animals. Example: Special hunting permits to eliminate diseased or dangerous wildlife that pose a threat to humans or livestock.

 

(b)       Each request for a special hunting permit must be investigated and evidence supporting the request must be gathered by the Division before a permit can be issued. Personnel from the Department of Public Safety and the Division of Plant Industry shall supply, upon request, written justification for special hunting permits.

 

(c)       Wildlife control actions may be carried out by Division personnel, without a special permit.

 

(d)       Special permits will be issued free of charge by the Director for a specified period of time. A full report including the measures taken, personnel involved and the number, and kind of wildlife killed or captured, must be submitted within thirty days following the expiration of the special hunting permit. Compliance with reporting requirements will be a significant consideration in future renewal or extension of special permits.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1990 amendments amended subsection (d). The 2000 regulations amended subsections (a), (b) and (d).

 

§ 85-30.1-330             Wildlife Conservation Areas

 

(a)       The Director may acquire and designate land and/or aquatic habitats or easements as wildlife sanctuaries in accordance with 2 CMC § 5104(a)(5). Wildlife sanctuaries are created to protect important wildlife populations and their habitat.

 

(b)       The islands of Guguan, Uracus, Maug and Asuncion are designated as wildlife conservation areas in accordance with 2 CMC § 5104(a)(5) and article XIV(2) of the CNMI Constitution. Landing on these islands is prohibited without prior approval from the Director, except in the case of actual emergency.

 

(c)       The following wildlife conservation areas have been established on Saipan and Rota under the management of the Department:

(1)       Saipan:                        Kagman Wildlife Conservation Area

                                    Bird Island Wildlife Conservation Area

Saipan Upland Mitigation Bank (northern portion of the Marpi Forest)

(2)       Rota:               I Chenchon Bird Sanctuary

                                    Sabana Protected Area

                                    Liyo Conservation Area

 

(d)       General Prohibitions

Except as provided for in subsection (e) below, no person shall, in any wildlife conservation area,

(1)       Hunt or fish,

(2)       Be in possession of any firearm, slingshot, bow and arrow, shot or any instrument that could be used for the purpose of hunting,

(3)       Have in his possession any animal, carcass, nest, egg, or a part of any of those things,

(4)       Damage, destroy, or remove a plant except those plants used for traditional medical purposes,

(5)       Carry on any agricultural activity, graze livestock or harvest any natural or cultivated crop,

(6)       Allow any domestic animal to rum at large,

(7)       Camp or light or maintain a fire,

(8)       Operate a conveyance,

(9)       Destroy or molest animals or carcasses, nests, or eggs thereof,

(10)     Remove, deface, damage, or destroy any artifact, natural object, building, fence, poster, sign, or other structure,

(11)     Carry on any commercial or industrial activity,

(12)     Disturb or remove any soil, sand, gravel, or other material, or

(13)     Dump or deposit any rubbish, waste material or substance that would degrade or alter the quality of the environment.

 

(e)       Permits

(1)       The Director may, on application, issue a permit to any person authorizing that person to carry on an activity described in subsection (d) in any wildlife conservation area where that activity will not interfere with the conservation of wildlife. A persons* to whom a permit has been issued shall:

(i)        Have the permit in his/her possession at all times while in the wildlife area; and

(ii)       Show the permit to any conservation officer immediately on request.

(2)       Every permit expires on the expiry date set out in the permit or, where a permit does not contain an expiry date, on December 31st of the year in which it was issued. The Director may cancel or suspend a permit where it is necessary to do so for the conservation of wildlife or wildlife habitat in a wildlife area.

 

(f)        Where the Director has published a notice in a local newspaper or posted a notice at the entrance of any wildlife area or on the boundary of any part thereof prohibiting entry to any wildlife area or part thereof, no person shall enter the area or part thereof set out in the notice.

 

* So in original.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986);

 

Commission Comment: The original paragraphs of subsections (c) and (e) were not designated. The Commission designated subsections (c)(1) and (c)(2) and (e)(1) and (e)(2).

 

The 1990 amendments amended subsections (a) and (b). The 2000 regulations amended subsections (a) and (b) and added subsections (c) through (f).

 

The Commission inserted commas after the words “egg” in subsection (d)(3), “destroy” in subsection (d)(4), “nests” in subsection (d)(9), “damage” and “sign” in subsection (d)(10), and “gravel” in subsection (d)(12) pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-335             Non-commercial Status of Wildlife

 

(a)       All wildlife in the CNMI is held in public trust by the CNMI government. Game and non-game animals belong to the citizens of the CNMI.

 

(b)       With the exception of feral goats and feral pigs, it is illegal to sell or barter wildlife which is alive or dead or parts thereof including meat, antlers, mounted specimens, skins, or hides.

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986);

 

Commission Comment: The 2002 regulations amended subsections (a) and (b).

 

The Commission inserted a comma after the word “skins” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-340             Captive/Domesticated Wildlife

 

(a)       Possession of wildlife listed as threatened, endangered, or protected under part 100 and § 85-30.1-310(d) of this subchapter is prohibited except in cases where the wildlife was being kept prior to designation of the species as threatened, endangered, or protected, and where a permit for possession has been issued by the Director.

 

(b)       The possession of captive local wildlife or domesticated wildlife without a specific permit issued by the Division is prohibited. The Division is prohibited from issuing permits for certain species of wildlife that are regulated under federal law and appear on the U.S. List of Threatened and Endangered Species or in the Migratory Bird Treaty Act.

 

(c)       Within the CNMI, it is illegal to keep any of the species listed in table 300-2 without a permit issued by the Director.

 

(d)       Permits to keep captive wildlife or domesticated wildlife and all progeny from captive wildlife must be applied for annually and will be issued only for species that can be easily and successfully kept in captivity. The Division is authorized to inspect all domesticated and captive wildlife and all progeny at any time in order to insure proper and humane treatment. Permits will be renewed upon evaluation of the captive animal enclosure, subject to reasonable and necessary permit conditions, including the right to inspect such enclosures by conservation officers at any reasonable time. The Division maintains the right to mark captive wildlife/ domesticated and all progeny with a numbered tag if deemed necessary. All tags must remain on the original animal. The sale of captive wildlife and domesticated wildlife is strictly prohibited except by permit and as allowed in subsection (f) below.

 

(e)       Captive wildlife permit holders are required to submit a report to the DFW at the time of permit renewal. This report should include the following information:

(1)       Number of animals being kept, the DFW tag number for each animal (if applicable), and the sex of each animal

(2)       Name and address of the permit holder.

 

(f)        Sambar Deer: All captive or domesticated deer and all progeny must be marked with a numbered tag issued by the Division. Captive or domesticated deer may be sold or may transfer ownership provided that the deer has been tagged with a numbered tag issued by the Division prior to sale or transfer, and that the following information on the sale or transfer is provided to the Division within ten days of sale or transfer:

(1)       Tag number

(2)       Sex

(3)       Name and address of the person to whom the deer was sold or transferred

(4)       Date of sale/transfer.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 2002 regulations added new subsections (a), (e) and (f), re-designated the remaining subsections accordingly and amended subsections (b), (c) and (d).

 

In subsections (e)(2) and (f)(4), the Commission inserted the final periods. The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

PL 17-23 (effective October 19, 2010), codified at 2 CMC §§ 5801-5804, establishes procedures on and requirements of the domestication or the raising of Sambar Deer in captivity. The provisions of PL 17-23 supersede subsection (f) to the extent that they conflict.

 

§ 85-30.1-345             Destruction of Feral Animals

 

The Director, after consultation with the Secretary, shall have the authority to direct Division staff to destroy feral animals such as: cattle, pigs, goats, deer, dogs, and cats which are damaging threatened or endangered species or habitat essential for the survival of endangered and threatened species or of species of significant value for sport, recreational, subsistence, commercial, or cultural purposes. The Division will not reimburse anyone for destroying cattle, pigs, goats, deer, dogs, and cats that are causing damage to the environment.

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000).

 

Commission Comment:  The Commission inserted commas after the words “dogs” and “commercial” pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-350             Random Selection of Hunters

 

The Secretary, after consultation with the Director, shall have the authority to limit the number of hunters by selecting among eligible hunters through a random selection method. The selection procedure shall include the following criteria:

 

(a)       The abundance of game species and population estimates;

 

(b)       Equitable distribution of the harvest;

 

(c)       Public safety;

 

(d)       The requirements of private landowners who permit public hunting through agreement with the Department.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1990 amendments amended the opening paragraph. The 2002 regulations amended the opening paragraph.

 

The 2002 regulations deleted former § 11, entitled “Locally Designated Threatened and Endangered Species.” See 8 Com. Reg. 4623 (Sept. 15, 1986); 12 Com. Reg. at 7373 (Sept. 15, 1990).

 

§ 85-30.1-355             Northern Islands

 

(a)       All vessels, including CNMI government vessels, traveling from any port to the Northern Islands must:

(1)       Notify the Division prior to departure;

(2)       Allow the Division to inspect the vessel prior to departure if anyone on the vessel is traveling to the Northern Islands for purposes of hunting;

(3)       Return to CNMI for inspection by the Division at a CNMI port in Saipan, Tinian, or Rota;

(4)       Notify the Division of Fish and Wildlife upon docking or landing at a CNMI port, if during normal business hours; otherwise, all vessels must contact the Division by radio or other form of communication before arrival to ensure inspection of the vessel upon arrival; and,

(5)       Be inspected by the Division to determine whether the vessel is transporting any fish, game or wildlife.

 

(b)       The captain and the owner of the vessel shall be responsible for compliance with this section.

 

(c)       Failure to comply with any requirements of § 85-30.1-305 will be deemed a violation.

 

(d)       Bag limits as promulgated in § 85-30.1-305 shall be in effect for the Northern Islands.

 

(e)       Season limit as promulgated in § 85-30.1-305 shall be in effect for the Northern Islands.

 

(f)        Taking or hunting of any animals or plants on Uracas, Guguan, Asuncion, Sarigan, and Maug is prohibited unless specifically authorized in a scientific research permit issued by the Director.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1990 regulations deleted and replaced this section in its entirety with numerous amendments. The 2000 amendments amended subsections (a), (b), (d), (e) and (f).

 

The Commission inserted commas after the words “Tinian” in subsection (a)(3) and “Sarigan” in subsection (f) pursuant to 1 CMC § 3806(g).

 

Part 400 -       Fishing Regulations

 

§ 85-30.1-401             Use of Explosives, Chemicals, Poisons, Electric Shocking Devices, Scuba or Hookah, Certain Nets, and Disturbance of Habitat

 

(a)       Prohibitions: The use of explosives, poisons, electric shocking devices, SCUBA or hookah and use of certain nets as identified in subsection (a)(2), is prohibited in the taking of any fish.

(1)       No person shall use explosives, poisons, electronic shocking devices, SCUBA, or hookah while fishing.

(2)       No person shall use drag nets/beach seines (Chenchulun and lagua), trap net (Chenchulun managam), surround net (Chenchulun Umesugon) or gill nets (Tekken) for taking of fish or other sea life.

(3)       No person shall possess, sell, or purchase any fish, game, marine, or other aquatic life taken by means prohibited in this section.

(4)       Use of any of these nets or devices will result in the net or devices being confiscated and the owners will be subject to penalties (fines and/or imprisonment) as stated in 2 CMC § 5109 (PL 2-51).

 

(b)       The use of any fishing gear in a manner that is substantially destructive to benthic substrate is prohibited.

 

(c)       Exceptions: The use of explosives, poisons, electronic shocking devices, SCUBA, or hookah is allowed where used by a Division employee where such use is authorized by the Director or where used pursuant to a scientific collection permit which specifically allows for such use.

 

(d)       Disruption of Habitat: Disturbance of coral, dead or alive, is prohibited under any circumstances except under emergencies or by persons exempt under § 85-30.1-410.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Proposed 25 Com. Reg. 21505 (Dec. 15, 2003); Amdts Adopted 25 Com. Reg. 20069 (Feb. 28, 2003); Amdts Proposed 24 Com. Reg. 19593 (Oct. 30, 2002); Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1990 amendments amended subsections (a) and (b). The 2002 regulations amended subsection (a), deleted former subsection (b) and added new subsections (b) through (d). The 2003 amendments added subsections (a)(2) and (a)(4), re-designated former (a)(2) as (a)(3) and amended the opening paragraph of subsection (a).

 

The 2002 regulations deleted former § 1, entitled “General Regulations.” See 8 Com. Reg. at 4625 (Sept. 15, 1986); 12 Com. Reg. at 7375 (Sept. 15, 1990).

 

The Commission inserted commas after the words “SCUBA” in subsections (a)(1) and (c) and “sell” in subsection (a)(3) pursuant to 1 CMC § 3806(g).

 

As of December 2004, a notice of adoption for the December 2003 proposed amendments had not been published.

 

PL 17-13 (effective August 24, 2010), amends Section 3 of PL 12-14, so that regulations do not restrict persons to engage in non-commercial net-fishing in Rota’s surrounding waters for personal or immediate family consumption. To the extent that these regulations conflict with PL 17-13, they are superseded.

 

§ 85-30.1-405             Use of Certain Nets for Fishing

 

(a)       Nets Allowed: Casting nets (Talaya) are allowed. Scoop nets/landing nets (for landing fish) with a diameter of up to two feet or total square footage of up to four square feet are allowed.

 

(b)       License Required: A license shall be required for fishing with the use of a casting net (Talaya) net. One fee must be paid for each casting net to be used in fishing.

 

(c)       Registration of Nets: Upon licensing of nets, the nets shall be marked by the Division with a registration tag, which will reflect the license number. The license holder shall notify the Division immediately if the registration tag becomes detached from the net.

 

(d)       Abandoned Nets: Abandonment of nets within the waters or coastal zone of the CNMI is prohibited. Nets that are found unattended in the water or within 150 feet of the high water mark on any public beach will be considered abandoned. Permit holders of nets found abandoned may be subject to penalties including fines, suspension or revocation of net fishing permit(s), and confiscation and forfeiture of abandoned nets.

 

(e)       Exemptions: The Secretary, after consultation with the Director of the Division of Fish and Wildlife, may in certain cases make an exemption to the ban on the use of certain types of nets for net fishing for ceremonial purposes when cultural practices warrant an exemption, such as for a funeral or a fiesta. The Secretary must specify the extent and duration of the exemption in writing and this information must accompany the recipient of the exemption at the time the net fishing is undertaken.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 25 Com. Reg. 21505 (Dec. 15, 2003); Amdts Adopted 25 Com. Reg. 20069 (Feb. 28, 2003); Amdts Proposed 24 Com. Reg. 19593 (Oct. 30, 2002); Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 13 Com. Reg. 7553 (Jan. 15, 1991); Amdts Proposed 12 Com. Reg. 7159 (July 15, 1990); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1990 amendments amended former subsections (a) through (d) and deleted former subsection (e). The 1991 amendments added former subsections (d)(6) and (d)(7). The 2002 regulations added subsections (b), (c), (f), (g) and (i) and readopted and republished this section in its entirety with numerous amendments. The 2003 amendments deleted former subsections (a), (b), (c), (d), (g) and (h), added new subsections (a) and (e), re-designated accordingly and amended subsections (b), (c) and (d).

 

The December 2003 amendments proposed to add a new subsection (c). As of December 2004, a notice of adoption had not been published.

 

PL 17-13 (effective August 24, 2010), amends Section 3 of PL 12-14, so that regulations do not restrict persons to engage in non-commercial net-fishing in Rota’s surrounding waters for personal or immediate family consumption. To the extent that these regulations conflict with PL 17-13, they are superseded.

 

 

§ 85-30.1-410             Collection of Hard Corals

 

Prohibitions: The collection and/or removal from the waters of the CNMI of any and all species of hard Hermatypic reef building corals, soft corals or stony hydrozoans, is prohibited, except, as specifically allowed by this section. A license may be issued by the Director for the collection of dead coral from the beach above the LLW (lower low water) mark for the purpose of manufacturing “afuk” (calcium carbonate). A license may be issued by the Director for the collection of coral for scientific research purposes. All coral taken by the license may be inspected by the Division to insure that any coral was not taken in violation of the regulations in this subchapter.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 13 Com. Reg. 7553 (Jan. 15, 1991); Amdts Proposed 12 Com. Reg. 7159 (July 15, 1990); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

§ 85-30.1-415             Harvest of Trochus niloticus (Aliling Tulompo, Trochus)

 

(a)       Harvesting: No trochus may be taken except during open season as declared by the Secretary, after consultation with the Director. Open season may be declared via public announcement and publication in the Commonwealth Register, and may be conditioned in any way, such as season dates and times, size and gear restrictions or seasonal take limits and license requirements. The taking of trochus measuring less than 3” across the base is prohibited.

 

(b)       Sanctuaries: Two closed areas are hereby established. These areas are designated to ensure continuous high levels of productivity of trochus. Taking of trochus from these locations is prohibited, even during seasons declared by the Director. These closed areas are:

(1)       An area encompassing the barrier reef from the Garapan channel marker (light-house) south for one mile. The inshore edge of the reef. The offshore boundary is the forty foot depth contour.

(2)       The entire reef at Tank Beach, Kagman (Chacha), extending from the northern rocky headland to the southern rocky headland and bounded inshore by the mean high mark line and offshore by the forty foot depth contour.

 

Modified, 1 CMC § 3806(e).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1990 amendments amended subsection (a) and former subsection (c). The 2000 regulations amended subsections (a) and (b) and deleted former subsection (c).

 

The Commission corrected the spelling of “ensure” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-420             Harvest of Sea Cucumbers

 

(a)       Harvesting: No sea cucumber may be taken except as permitted by the Director. Any permit issued by the Director is subject to special conditions as determined by the Director.

 

(b)       Sanctuaries: In addition to the sanctuaries specified in § 85-30.1-415(b), the following areas will also serve as sea cucumber sanctuaries:

(1)       Laulau Bay from Puntan Hakmang to Puntan Dandan. Boundary is from the MHW (mean high water) mark line to offshore to the forty foot depth contour.

(2)       Bird Island from Puntan I Maddock to Puntan Tangke. Boundary is from MHW (mean high water) mark line to offshore to the forty foot depth contour.

 

Modified, 1 CMC § 3806(c), (e).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000).

 

§ 85-30.1-425             Taking of Lobster

 

(a)       Prohibitions: It shall be prohibited and deemed unlawful to take or to be in possession of any lobster:

(1)       Which measures less than three inches (76.2 mm) in length measured in a straight line along the carapace from the ridge between the two largest spines, above the eyes, back to the rear edge of the carapace; or

(2)       Which is carrying eggs; or

(3)       Which has been stripped of her eggs; or

(4)       Harvested by spear or any method other than by hand.

 

(b)       Sanctuaries as specified in § 85-30.1-415(b) apply here.

 

Modified, 1 CMC § 3806(c), (e).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 2000 regulations deleted former subsection (a), re-designated and amended former subsection (b) and added subsection (b).

 

§ 85-30.1-430             Harvest of Other Invertebrates

 

(a)       Harvesting: No other invertebrates may be taken except as permitted by the Director. Any permit issued by the Director is subject to special conditions as determined by the Director.

 

(b)       Sanctuaries: Sanctuaries specified in § 85-30.1-415(b) apply to other invertebrates.

 

(c)       Prohibitions: The exportation of any species of the following groups of marine gastropods (snails), or any part or product thereof, taken from CNMI water is prohibited:

 

Common Name                      Scientific Family Name

 

Cone shell                               Conidae

Cowries                                   Cypraeidae

Egg Cowries                           Ovulidae

Helmut shells                         Cassidae

Murexes                                  Muricidae

Spiders and Conchs                Strombidae

Tritons                                                Cymatidae

Volutes                                   Volutiadae

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 13 Com. Reg. 7553 (Jan. 15, 1991); Amdts Proposed 12 Com. Reg. 7159 (July 15, 1990).

 

Commission Comment: The 2000 regulations readopted and republished this section in its entirety with numerous amendments.

 

The Commission corrected the spelling of “Murexes” pursuant to 1 CMC § 3806(g).

 

§ 85-30.1-435             Fish Weirs

 

The use of fish weirs is prohibited.

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 2000 regulations deleted and replaced former § 7, entitled “Fish Weirs,” in its entirety. See 8 Com. Reg. at 4630-31 (Sept. 15, 1986).

 

The 2002 regulations deleted former § 8, entitled “Dredging for Precious Corals.” See 8 Com. Reg. at 4631 (Sept. 15, 1986); 12 Com. Reg. 7378 (Sept. 15, 1990).

 

§ 85-30.1-440             Moratoria on Fishing

 

The purpose of this section is to provide for the conservation of fishery resources. The Director is authorized to declare a moratorium on any and all fishing activity to conserve CNMI resources, through publication of such a moratorium in the Commonwealth Register. A moratorium on issuance of fishing licenses may be imposed when necessary to protect fish, threatened or endangered species or to otherwise carry out the functions of the Division as established by the CNMI Legislature.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986).

 

Commission Comment: The 2000 regulations amended subsection (a) and deleted former subsections (b) through (d).

 

§ 85-30.1-445             Aquarium Fish Prohibitions

 

(a)       The sale or export of marine aquarium fish is prohibited.

 

(b)       An aquarium fish license is required by any person who captures aquarium fish for personal use or enjoyment.

 

(c)       No poisons may be used to collect aquarium fish, except for purposes of scientific research when a scientific research permit expressly allows for such use.

 

(d)       All methods of collection of aquarium fish are prohibited except the following:

(1)       Certain hand nets not previously registered by conservation officer.

(2)       Barbless hook and line; and

(3)       Other collection methods specifically allowed in a written condition to a permit.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 25 Com. Reg. 20069 (Feb. 28, 2003); Amdts Proposed 24 Com. Reg. 19593 (Oct. 30, 2002); Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 13 Com. Reg. 7553 (Jan. 15, 1991); Amdts Proposed 12 Com. Reg. 7159 (July 15, 1990).

 

Commission Comment: The 2002 regulations readopted and republished this section in its entirety with numerous amendments. The 2003 amendments deleted former subsection (d)(2) and re-designated former subsections (d)(3) and (d)(4).

 

The 1991 amendments added new sections 42.1, entitled “Special Regulations” and 43, entitled “Enforcement, Remedies and Penalties.” See 13 Com. Reg. at 7562-65 (Jan. 15, 1991). The 2000 amendments deleted these provisions.

 

§ 85-30.1-450             Marine Reserves

 

(a)       The Director may acquire and designate aquatic habitats or easements as marine reserves in accordance with 2 CMC § 5104(a)(5). Marine reserves are created to protect important fish and aquatic species populations and their habitats.

 

(b)       The following marine reserves have been established on Rota and Saipan under the management of the Department:

(1)       Sasanhaya Fish Reserve: between and including Puña Point and the Coral Gardens.

(2)       Managaha Conservation Area: consisting of the island of Managaha and its surrounding waters marked by boundaries at 15°15’5.30”N, 145°42’45.07”E and 15°14’19.34”N, 145°43’38.46”E and 15°13’40.63”N, 145°42’39.56”E and 15°14’4.99”N, 145°41’27.49”E.

 

(c)       Except as provided for in subsections (e) and (f) below, the following activities are prohibited within the boundaries of any marine reserve:

(1)       Killing or removing, or attempting to remove, any marine animal or plant, including but not limited to any fishes, coral (live or dead), lobster, shellfish, clams or octopus;

(2)       Using any type of food or other attractant for the purposes of attracting fish (e.g. fish feeding, baiting, etc.);

(3)       Anchoring of any vessel except in case of actual emergency, or for scientific purposes permitted by the Division;

(4)       Removing, defacing, damaging or destroying any artifact, natural object, buoy, sign or other structure;

(5)       Carrying on any commercial or industrial activity;

(6)       Disturbing or removing any substrate, sand, or other material; or

(7)       Dumping or depositing any rubbish, waste material or substance that would degrade or alter the quality of the environment.

 

(d)       Recreational and Cultural Use of Marine Reserves

Recreational and cultural use of marine reserves is allowed and encouraged to the extent that such activities are compatible with the marine conservation and management objectives of the conservation area. The Director may place limitations on recreational and cultural use of a marine reserve, or any portion thereof, if such use would have a detrimental impact on species, habitats, or environmental conditions within the marine reserve. Limitations shall be effective on the date on which notice of such limitation is published in the local newspaper and/or posted at the boundary of the marine reserve (in the case of Managaha Marine Reserve notice may be posted at the point of disembarkation on the island). Any limitation on any activity for which a permit has been issued by the Division, or which is conducted under contract or other agreement with any CNMI agency, shall be implemented in accordance with the requirements of the permit or contract.

 

(e)       Exceptions

The Director may, upon request from the Secretary or Resident Director from the island on which the marine reserve is located, issue limited, temporary fishing permits. In determining whether such permits shall be allowed, and the extent of fishing to be allowed, the Director shall take into account any data or other information on the status of the fish stocks in the reserve.

 

(f)        Special Exemption on Conducting Commercial Activities in the Managaha Conservation Area

The prohibition on conducting commercial activities in subsection (c)(5) above shall not apply to those activities that are categorized as concessions under the Agreement for Special Recreational Concession between Marianas Public Lands Corporation and Tasi Tours Transportation, Inc. (as amended on 29 April 1992). Concessions operated under the agreement must be conducted in accordance with the regulations in this subchapter. The Division may place limits on the type, location, and geographic extent of any concession activities in accordance with PL 12-12 [2 CMC §§ 1631-1638] if the Division determines that limitation of these activities is necessary to meet the management objectives for the Managaha Conservation Area.

 

Modified, 1 CMC § 3806(c), (d), (f), (g).

 

History: Amdts Adopted 23 Com. Reg. 18266 (Aug. 16, 2001); Amdts Emergency and Proposed 23 Com. Reg. 17846 (Apr. 23, 2001) (effective for 120 days from Apr. 16, 2001); Amdts Emergency and Proposed 22 Com. Reg. 17498 (Sept. 20, 2000) (effective for 120 days from Sept. 1, 2000); Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000).

 

Commission Comment: The 2001 amendments added new subsections (b)(2), (d) and (f), re-designated former subsection (d) as subsection (e) and amended subsections (b) and (c).

 

The Division promulgated the 2001 amendments to implement PL 12-12 (effective August 8, 2000), the “Managaha Marine Conservation Act of 2000,” codified at 1 CMC § 2653(p) and 2 CMC §§ 1631-1638. PL 12-12 designates Managaha Island and its surrounding waters as a marine conservation area, creates a Marine Conservation Section within the Division of Fish and Wildlife to implement the act, and directs the Secretary of DLNR to promulgate rules and regulations necessary to carry out the intent of the act. See PL 12-12 §§ 4, 5 and 10 (codified at 2 CMC §§ 1632, 1633 and 1638).

 

In subsection (b)(1), the Commission inserted the final period. The Commission inserted semicolons at the ends of subsections (c)(1) and (c)(2), converted the period at the end of subsection (c)(3) to a semicolon, and converted the commas at the ends of subsections (c)(4) through (c)(6) to semicolons pursuant to 1 CMC § 3806(g).

 

Part 500 -       Importation and Introductions

 

§ 85-30.1-501             Importation of Animals

 

(a)       Authority

In accordance with PL 2-51 and PL 4-55, 2 CMC §§ 5323(c) and 4324, the Secretary promulgates the regulations in this part.

 

(b)       Permit Procedure

Owners of animals sought to be imported into the CNMI shall obtain a permit for introduction from the Director prior to bringing the animal into the CNMI. The permit fee is ten dollars for each species/shipment imported.

 

(c)       Owners must present to the Division all documents necessary to import the animal pursuant to the CITES. These documents may include: import or export permits, re-export certificates, introduction from the sea permits, certificate of origin and health certificate.

 

(d)       The animals listed in this subsection may be imported in the CNMI alive, with proper permits pursuant, to this section:

(1)       Amphibians: species, dead or alive;

(2)       Reptiles: No species, dead or alive;

(3)       Invertebrates: No species of harmful invertebrates. The Director will make a determination on a case by case basis of which invertebrates may be imported into the CNMI.

(4)       Birds:

Domestic fowl (Gallus)

Domestic turkey (Meleagris gallopayo)

Ring-necked pheasant (Phasianus colchicus)

Mallard, all domestic breeds including peking duck (Arias platyrhynchos)

Muscovy duck (Cairina moschata)

Domestic goose, greylag goose (Anser)

Domestic goose, swan goose (Anser cygnoides)

“Parakeet,” budgerigah (Melopsittacus undulatus)

Cockatiel (Nymphicus hollandicus)

Lovebirds, all species (Agapornis spp.)

Canary (Serinus canarius)

Zebra Finch (Poephila gattata)

Society Finch, Bengalese Finch (Lonchura domesticus)

Blue and Gold Macaw (Ara ararauna)

Scarlet Macaw (Ara macao)

Green Wing Macaw (Ara chloroptera)

Military Macaw (Ara militaris)

(5)       Mammals:

Asiatic Water Buffalo

Carabao

Domestic dog (Canis familiaris)

Domestic cat (Felis catus)

Gerbil (Gerbillus)

Guinea pig (Cavia porcellus)

Domestic swine (Sus scrofa)

Domestic cattle (Bos taurus)

Domestic horse (Equus calabus)

Domestic donkey, including mule (Eguus asinus)

Domestic goat (Capra hircus)

 

(e)       Only the animals listed in subsection (d) of this section may be lawfully imported into the CNMI. It shall be unlawful to import any species of amphibian, reptile, bird, or mammal not on the list in subsection (d) of this section. All animals presented for importing into the CNMI that are not on this list shall be refused entry, except as provided for herein.

 

(f)        Animals not on the list and already within the CNMI prior to the effective date of this part shall be documented by the Division.

 

(g)       Licensed business establishments may apply to import animals not on the list in subsection (d) of this section for the purpose of public display at the business establishment. Each such application must be approved by the Director. The Director may prescribe conditions of entry. The animals may never be sold or resold but must be disposed of outside the CNMI. The animals must be available for inspection on the premises by conservation officers. Examples are:

(1)       A hotel applies for and is granted a permit to import and hold captivity two Macaw parrots. The Director imposes special conditions including that the birds be males, as determined by laparotomy performed by a licensed veterinarian prior to import. Further, the manager must agree in writing that the birds will be kept in confinement at all times and that, should one or both birds escape, to report the escape to the Division within a day of escape. Further, the manager must agree that the escapee is recaptured within a week or be liable for destruction.

(2)       A person setting up a small public zoo applies to import thirty-six animals of seventeen species. Twenty-one animals of nine species are permitted entry, the remainder are refused entry. All imported animals must be males.

 

(h)       The Division will accept applications for additions to list of admissible animals in subsection (c) herein. Applicants must furnish the Division the following information:

(1)       Common and scientific name and native ranges of species.

(2)       Source of species.

(3)       Findings of a comprehensive literature search documenting native range, habitat, and food habits of the species, history in captivity, and any known cases of feral populations, particularly in similar island ecosystems such as Hawaii.

(4)       Evidence of possession of an escape-proof cage.

 

(i)        The Director will consult with the Director of Animal Health and Industry in reviewing the application. The Director of Animal Health and Industry will inform the Director of his or her findings within sixty days after receipt of a complete application. Upon approval by the Director, the Director of Animal Health and Industry may then issue a permit to the applicant allowing for the importation of the approved species.

 

(j)        The Division conservation officers are authorized to confiscate prohibited imports. Confiscated items may be used in Division education programs, returned to origin, or destroyed.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Amdts Proposed 25 Com. Reg. 21511 (Dec. 15, 2003); Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 9 Com. Reg. 4848 (Jan. 19, 1987); Amdts Proposed 8 Com. Reg. 4837 (Dec. 16, 1986); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986).

 

Commission Comment: The original paragraphs of subsection (d) were not designated. The Commission designated subsections (d)(1) through (d)(5).

 

The 1987 amendments deleted and replaced former subsection (f) and amended former subsection (b). The 1990 amendments amended former subsections (a), (c), (e), (f), (f)(1) and (f)(2). The 2000 regulations added new subsections (b), (c), (d)(3) and (j), moved subsection (i) from former subsection (f)(2) and readopted and republished this section in its entirety with numerous amendments.

 

The 2003 amendments proposed to repromulgate this section with numerous amendments. As of December 2003, a notice of adoption had not been published.

 

In subsection (a), the Commission changed the comma after “PL 4-55” to a period to correct a manifest error. The Commission inserted a comma after the word “bird” in subsection (e) pursuant to 1 CMC § 3806(g).

 

In December 1995, the Division published emergency and proposed amendments that proposed a new § 2 to this part entitled “Compensation.” See 17 Com. Reg. 13839 (Dec. 15, 1995) (effective for 120 days from Dec. 6, 1995). A notice of adoption was never published.

 

§ 85-30.1-505             Introduction of Species

 

(a)       It shall be unlawful to release any fish, game, or wildlife species not native (found historically) to the CNMI. The only exception is for species introduced in Division conservation programs.

 

(b)       The Division shall document all instances of illegal or accidental introduction; further, the Division shall take all efforts necessary to extirpate the introduced species. Persons responsible for illegal or accidental introductions are liable for the cost of eradication, including but not limited to, personnel salaries, transportation, and equipment. The captain and or owner of the vessel are responsible for all animals carried in the vessel during eradication activity,

 

(c)       The Division shall be exempt from the provisions of this part in the conduct of its programs.

 

(d)       The importation of viable eggs is prohibited.

 

(e)       All caged birds shall be birds produced in captivity (no live-caught, wild birds shall be imported). This requires all caged birds brought into the CNMI to be accompanied by documentation by a reputable aviary or aviculturalist documenting the bird’s pedigree.

 

(f)        All imports of birds that require a permit, shall not be released to the importer until a Division biologist confirms the identification of the species.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 22 Com. Reg. 17360 (Aug. 18, 2000) (superseding all previous rules and regulations); Proposed 22 Com. Reg. 17165 (Apr. 20, 2000); Amdts Adopted 12 Com. Reg. 7364 (Sept. 15, 1990); Amdts Proposed 10 Com. Reg. 5743 (Nov. 15, 1988); Amdts Adopted 8 Com. Reg. 4689 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4604 (Sept. 15, 1986); Adopted 5 Com. Reg. 2412 (Aug. 31, 1983); Proposed 5 Com. Reg. 2259 (July 29, 1983); Emergency and Proposed 5 Com. Reg. 1883 (Mar. 31, 1983) (effective for 120 days from Feb. 18, 1983); Emergency and Proposed 4 Com. Reg. 1706 (Dec. 10, 1982) (effective for 120 days from Oct. 8, 1982); Emergency and Proposed 4 Com. Reg. 1462 (June 30, 1982) (effective for 120 days from May 7, 1982).

 

Commission Comment: The 1990 amendments amended subsection (b). The 2000 regulations added subsections (d), (e) and (f) and amended subsections (a) and (b).

 

The 1990 amendments added a new part 60, entitled “Miscellaneous,” that included § 60.1, “Severability,” and § 60.2, “Saving.” See 12 Com. Reg. 7380 (Sept. 15, 1990). The 2000 regulations moved former § 60.1 to part 001 and deleted § 60.2.

 

The Commission inserted commas after the words “game” in subsection (a) and “transportation” in subsection (b) pursuant to 1 CMC § 3806(g).


 

 

 

SUBCHAPTER 85-30.2

SMILING COVE MARINA RULES AND REGULATIONS

 


Part 001          General Provisions

§ 85-30.2-001             Authority and Purpose

§ 85-30.2-005             Application and Scope

 

Part 100          Selection of Leases and Permits for Berthing Slips

§ 85-30.2-101             Lease or Permit Required for Tenancy in Smiling Cove Marina

§ 85-30.2-105             Categories of Vessel Exclusions

§ 85-30.2-110             Categories of Exclusion for Leases

§ 85-30.2-115             First Come-First Served Priority

§ 85-30.2-120             Grant of Berthing Lease

§ 85-30.2-125             Security Deposit

§ 85-30.2-130             Mooring Permits

§ 85-30.2-135             Location of Moorings

§ 85-30.2-140             Restriction on Moorings

 

Part 200          Berthing and Mooring Fees

§ 85-30.2-201             Fees for Berthing Slips

§ 85-30.2-205             Fees for Moorings

§ 85-30.2-210             Delinquency

 

Part 300          Typhoons and Tropical Storms

§ 85-30.2-301             “Storm Conditions” Defined

§ 85-30.2-305             Typhoon Contingency Plan

§ 85-30.2-310             Temporary Lifting of Exclusions During Storm Conditions

§ 85-30.2-315             Emergency Moorings

§ 85-30.2-320             Unattended Vessels During Storm Conditions

§ 85-30.2-325             Marina Manager’s Authority

§ 85-30.2-330             Non-tenant Storm Condition Permit Procedures

§ 85-30.2-335             Non-Tenant Storm Condition Permit Fees

 

Part 400          Convenience Dock

§ 85-30.2-401             “Convenience Dock” Defined

§ 85-30.2-405             Commercial Vessels Prohibited

§ 85-30.2-410             Use of Convenience Dock

 

Part 500          Visiting Vessels

§ 85-30.2-501             “Visiting Vessel” Defined

§ 85-30.2-505             Procedure Upon Entry

§ 85-30.2-510             Fees for Visiting Vessels

§ 85-30.2-515             Maximum Stay Permitted

 

Part 600          Special Events

§ 85-30.2-601             “Special Events” Defined

§ 85-30.2-605             Permit Required

 

Part 700          Leases and Permits

§ 85-30.2-701             Cancellation

§ 85-30.2-705             Impoundment of Vessel upon Cancellation of Lease or Permit

§ 85-30.2-710             Reconsideration of Evicted Lessees or Permittees

§ 85-30.2-715             Reassignment of Slips

§ 85-30.2-720             Non-Transferability of Lease

§ 85-30.2-725             Sale of Vessel

§ 85-30.2-730             Partnerships and Corporations

§ 85-30.2-735             Absence from Slips

§ 85-30.2-740             Temporary Slip Permit

§ 85-30.2-745             Waiver of Claims

 

Part 800          General Regulations

§ 85-30.2-801             Application

§ 85-30.2-802             No Commercial Use of Slips

§ 85-30.2-804             Storage on Docks

§ 85-30.2-806             Fenders on Dock

§ 85-30.2-808             Movement of Vessels in Marina

§ 85-30.2-810             Speed Within the Marina

§ 85-30.2-812             Toilet Usage

§ 85-30.2-814             Mooring of a Vessel

§ 85-30.2-816             Maintenance Work on Vessel

§ 85-30.2-818             Garbage and Littering

§ 85-30.2-820             Fire Safety

§ 85-30.2-822             Dumping of Hazardous Substances

§ 85-30.2-824             Swimming

§ 85-30.2-826             Fishing

§ 85-30.2-828             Visitors

§ 85-30.2-830             Small Children on Docks

§ 85-30.2-832             Obstructions Placed in Water

§ 85-30.2-834             Signs

§ 85-30.2-836             Maintenance of Marina

§ 85-30.2-838             Alteration of Docks

§ 85-30.2-840             Nuisance

§ 85-30.2-842             Guests Aboard at Night

§ 85-30.2-844             Noise

§ 85-30.2-846             Articles and Equipment Left on Dock

 

Part 900          Parking Area

§ 85-30.2-901             “Parking Lot” Defined

§ 85-30.2-905             Use Restrictions

§ 85-30.2-910             Risk of Use

 

Part 1000        Enforcement

§ 85-30.2-1001           Effect of Regulations on Lease and Permits

§ 85-30.2-1005           Enforcement of Regulations

§ 85-30.2-1010           Discretion of the Marina Manager in Removing Applicants from Waiting List

§ 85-30.2-1015           Nature of Lease and Permit

 

Part 1100        Fines

§ 85-30.2-1101           Fines

§ 85-30.2-1105           Opportunity to Contest Imposition of Costs

 

Part 1200        Miscellaneous Provisions

§ 85-30.2-1201           Severability

§ 85-30.2-1205           Supersedure

 

Exhibit A-1

Exhibit A-2


 

Subchapter Authority: 1 CMC § 2654; PL 6-13 § 3.

 

Subchapter History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 25 Com. Reg. 20399 (July 15, 2003); Amdts Adopted 17 Com. Reg. 13723 (Sept. 15, 1995); Amdts Proposed 17 Com. Reg. 13515 (June 15, 1995); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (July 15, 1992) (effective for 120 days from July 13, 1992).

 

Commission Comment: PL 1-8, tit. 1, ch. 13 (effective Aug. 10, 1978), formerly codified at 1 CMC §§ 2651, et seq., originally created a Department of Natural Resources within the Commonwealth government.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 104:

 

Section 104. Department of Lands and Natural Resources.

 

The Department of Natural Resources is re-designated the Department of Lands and Natural Resources.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

In 1997, the Legislature passed the “Public Lands and Natural Resources Administration Act of 1997,” PL 10-57 (effective Apr. 18, 1997), codified as amended at 1 CMC §§ 2651, et seq. PL 10-57 repealed and reenacted chapter 13, division 2 of title 1 of the Commonwealth Code, 1 CMC §§ 2651, et seq., and statutorily established the Department of Lands and Natural Resources (DLNR) with the structure, duties and responsibilities set forth in the act. See 1 CMC § 2651 and the commission comment thereto. 1 CMC § 2654 authorizes the Department of Lands and Natural Resources to adopt rules and regulations in furtherance of its duties and responsibilities.

 

PL 6-13 § 3 provides the Division of Fish and Wildlife with the authority to manage the improvements in the Smiling Cove Marina.

 

In 2006, the Department of Lands and Natural Resources, Division of Fish and Wildlife, promulgated amendments that repealed and replaced all prior rules and regulations relating to Smiling Cove Marina. See § 85-30.2-1205.

 

Part 001 -       General Provisions

 

§ 85-30.2-001             Authority and Purpose

 

(a)       Authority. Department of Lands and Natural Resources/Division of Fish and Wildlife. The regulations in this subchapter (“Marina Regulations”) are promulgated under the authority of 1 CMC §§ 2653 and 2654 providing the Department of Lands and Natural Resources with the authority to adopt rules and regulations in furtherance of its powers and duties, including the responsibility for the protection and enhancement of the natural resources of the islands, including the marine environment. Further, 1 CMC § 2661 provides the Division of Fish & Wildlife with the authority to manage marine resources and to administer Public Law 2-51, the Fish, Game, and Endangered Species Act, as amended (2 CMC §§ 5101 et seq.). Further, Public Law 2-51 (at 2 CMC § 5106) provides for the assent of the Commonwealth of the Northern Mariana Islands to the Federal Aid in Sport Fish Restoration Act (16 U.S.C. §§ 777 et seq.), allowing for the Department of Lands and Natural Resources to receive federal grant funds. Federal aid grant funds were used to construct the improvements in Smiling Cove Marina, and are being used to maintain and manage the marina.

 

(b)       Purpose. It is the purpose of this subchapter to maintain Smiling Cove Marina in a sanitary, sightly, and orderly condition and to preserve the public health, safety, peace, welfare, and convenience in the use thereof.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments changed the last sentence of subsection (a).

 

§ 85-30.2-005             Application and Scope

 

(a)       Geographic Area. The Marina Regulations codified in this subchapter shall apply to the berthing of vessels at docks, their mooring in the waterways, and other activities conducted within the Smiling Cove Marina as depicted in the charts attached hereto as Exhibits A-1 and A-2. The term “Smiling Cove Marina,” as used in this subchapter, shall apply to all that area circumscribed on Exhibit “A-1.” When the docks are referred to by slip number, reference shall be to Exhibit “A-2.”

 

(b)       Other Laws and Regulations. The regulations in this subchapter in no manner diminish the authority of laws and lawful regulations that otherwise apply to the waters and lands of the Smiling Cove Marina, such as the Boating Safety Regulations [NMIAC, title 150, chapter 20] and the Vehicle Code.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In subsection (a), the Commission moved the comma after “Marina” and the periods after “A-1” and “A-2” inside of the closing quotation marks. In 2006, this section was re-promulgated without change. Exhibits A-1 and A-2 were not attached to the 2006 regulation.

 

Part 100 -       Selection of Leases and Permits for Berthing Slips

 

§ 85-30.2-101             Lease or Permit Required for Tenancy in Smiling Cove Marina

 

(a) Berths: No vessel shall be permitted to be berthed at a dock slip in Smiling Cove Marina without a lease approved by the Director of Fish & Wildlife after consulting with the marina manager. This includes government-owned vessels that are also required to pay berth fees. There are no exemptions unless mutually agreed upon between the government agency and authorized by the Director of Fish & Wildlife.

 

(b)       Moorings: No vessel shall be permitted to be moored in the waterways of Smiling Cove Marina, except as provided for in part 300 for storm and typhoon conditions.

 

(c)       “Tenant Vessels” defined: “Tenant vessels” are vessels for which a valid berthing lease has been issued.

 

(d)       Other Permits: The marina manager, at his discretion and judgment, shall be allowed to issue temporary berthing permits at Smiling Cove Marina for visiting or transient vessels, not to exceed thirty days in duration, without the prior approval of the Director of Fish & Wildlife.

 

Modified, 1 CMC § 3806(c), (e), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-105             Categories of Vessel Exclusions

 

Except as provided for in part 300 of this subchapter, the following vessels shall not be granted leases, issued permits, or be allowed to berth on any dock or moor within the waterways of Smiling Cove:

 

(a)       Vessels as a Place of Abode. Vessel is deemed to be lived aboard if a person or persons occupy the vessel and engage in those usual and customary activities associated with a person’s residence or abode, such as sleeping, preparation of meals, etc., for any period in excess of 72 consecutive hours in any seven day period unless the vessel is transient and has a holding tank for containment of waste by-products.

 

(b)       Unseaworthy Vessels. Lessees, permittees, and applicants shall, upon request, demonstrate or allow inspection of vessels for seaworthiness by the marina manager or his designee.

 

(c)       Work Boats. The term “work boats” includes tugboats, crew boats, landing crafts, vessels engaged in cargo trade, fishing trawlers, utility boats, construction boats, barges, and dredges.

 

(d)       Deep Draft Vessels. Vessels with a draft deeper than eight feet are “deep draft vessels.”

 

(e)       Vessels Greater than 60 feet Long. The length of the vessel shall be determined by its length overall (LOA) rounded upward to the next whole foot, including all permanent and functioning overhangs.

 

(f)        Vessels Without Auxiliary Propulsion. Auxiliary propulsion means an engine, either outboard or inboard, sufficient to provide the vessel with safe maneuvering ability in the marina.

 

Modified, 1 CMC § 3806(c), (e), (f), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The Commission made “craft” plural in subsection (c) and moved the period after “vessels” in subsection (d) inside of the closing quotation mark. The Commission inserted commas after the words “permittees” in subsection (b) and “barges” in subsection (c) pursuant to 1 CMC § 3806(g). In 2006, this section was re-promulgated without change.

 

§ 85-30.2-110             Categories of Exclusion for Leases

 

No vessel shall be granted a lease for a berthing slip that comes within any of the categories listed in § 85-30.2-105.

 

(a)       Unregistered or Undocumented Vessel. A vessel must have either current CNMI registration or U.S. Coast Guard documentation.

 

(b)       Commercial Vessel. A vessel engaged in the commercial carriage of passengers, including but not limited to, sport-fishing boats, Managaha transfer boats, tour boats, and parasailing tow boats may only be allowed to lease a berthing slip on a month-to-month basis after all non-commercial priority preference berthing slip requests are satisfied. Commercial vessel month-to-month berthing slip leases may only be granted or renewed if there are no pending berthing slip lease requests from non-commercial vessels.

 

(c)       Minimum Length. A vessel with a length overall (LOA) of less than fifteen feet.

 

(d)       Maximum Beam. A vessel with a beam greater than fifteen feet (15'), except that vessels of greater than 15' beam may be berthed at dock “G”. “Beam” is defined as the maximum breadth of the vessel.

 

(e)       Vessel has Alternate Government Berth. A vessel with any form of permit, license, or lease from the government or any agency or corporation of the Commonwealth, or any vessel which has been habitually berthed for a year or longer alongside any dock, pier, quay, or jetty shall be excluded from obtaining a lease unless the other permit, license, or lease is first canceled and rescinded and/or the use of the dock, pier, quay or jetty is abandoned.

 

(f)        Applicant has Another Berth. An applicant must not currently possess a lease for the berthing of another vessel at Smiling Cove. For purposes of this exclusion, “applicant” shall include a natural person, corporation, partnership, joint venture or other legal entity.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The Commission inserted “a” before the first occurrence of “berthing slip” in this section. In subsection (e), the Commission changed the “of” before “any agency” to “or” to correct a manifest error. The Commission inserted a comma after the word “license” in subsection (e) pursuant to 1 CMC § 3806(g). The 2006 amendments changed subsections (b) and (c).

 

§ 85-30.2-115             First Come-First Served Priority

 

Slips shall be assigned by the marina manager according to first come-first served priority, recognizing an absolute priority preference for non-commercial vessels, and vessels shall be matched to slips so as to maximize useable berthing space and not restrict maneuverability.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments added the priority preference for non-commercial vehicles to this section.

 

§ 85-30.2-120             Grant of Berthing Lease

 

Upon selection for the grant of a lease, an applicant shall have ten days to complete the berthing lease, execute it, and pay the first month’s berthing fees and the security deposit. Failure to do so will result in the denial of the application and the award of the lease to another applicant.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments changed “ten calendar days” to “ten days.”

 

§ 85-30.2-125             Security Deposit

 

A security deposit in the amount of three months’ berthing fees shall be required of a new applicant for a berthing lease. A security deposit in the amount of six months’ berthing fees shall be required of an evicted lessee or permittee whose application is being reconsidered pursuant to § 85-30.2-710. All security deposits shall be applied to expenses incurred by the Division of Fish and Wildlife for violations of lease or permit terms or violations of the rules and regulations in this subchapter, including but not limited to curing delinquent berthing fees and expenses for impoundment or removal of a vessel pursuant to § 85-30.2-701 and § 85-30.2-705. The security deposit shall not be considered to be an advance payment of berthing fees by the lessee or permittee. In the event that all berthing fees are paid on a timely basis, then at the conclusion of any lease or permit period, the lessee or permittee shall be entitled to a return of his or her security deposit without interest.

 

Modified, 1 CMC § 3806(c), (d).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-130             Mooring Permits

 

[Reserved.]

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

§ 85-30.2-135             Location of Moorings

 

[Reserved.]

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

§ 85-30.2-140             Restriction on Moorings

 

[Reserved.]

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Part 200 -       Berthing and Mooring Fees

 

§ 85-30.2-201             Fees for Berthing Slips

 

The following fees shall be assessed lessees assigned berths, on a monthly basis:

 

(a)       Non-Commercial Activity Vessels

(1)       Vessels 29.0 feet or less in length: $3.50 per foot.

(2)       Vessels 29.1 feet to 44.0 feet in length: $5.50 per foot.

(3)       Vessels 44.1 feet or greater in length: $8.00 per foot.

 

(b)       Vessels Involved in Commercial Activities

(1)       Vessels 29.0 feet or less in length: $5.00 per foot.

(2)       Vessels 29.1 feet to 44.0 feet in length: $8.00 per foot.

(3)       Vessels 44.1 feet to 60 feet in length: $10.00 per foot.

(4)       Vessels 60.1 feet and greater in length: $15.00 per foot.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment The Commission changed “involve” to “involved” in subsection (b). The 2006 amendments repealed the former fee schedule, added subsection (b), and designated all subsections in this section.

 

§ 85-30.2-205             Fees for Moorings

 

[Reserved.]

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

§ 85-30.2-210             Delinquency

 

The due date for berthing slip lease payment shall be no later than the 10th day of each month (e.g., January lease payment is due by January 10). All delinquent payments, including those made after the 10th day of each month, shall be charged a 10% late fee for each month that payment is not made. Failure to pay berthing or mooring fees for a period of 30 days after the date that those fees are due, shall constitute delinquency, and shall be grounds for cancellation of the lease or permit pursuant to § 85-30.2-701.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: The 2006 amendments added the first two sentences to this section.

 

Part 300 -       Typhoons and Tropical Storms

 

§ 85-30.2-301             “Storm Conditions” Defined

 

“Storm conditions” means the government has declared that Saipan is currently in tropical storm condition 2 or 1 or typhoon condition 2 or 1.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-305             Typhoon Contingency Plan

 

All references to storm or typhoon preparation shall be in accordance with the current year’s typhoon contingency plan. The plan specifies where each vessel will be berthed or moored in the event of a storm. The plan may be amended by the marina manager as needed to accurately reflect the assigned berthing and mooring locations of all vessels during storm conditions.

 

Modified, 1 CMC § 3806 (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-310             Temporary Lifting of Exclusions During Storm Conditions

 

In the event of storm conditions, vessels excluded from Smiling Cove Marina under § 85-30.2-105(a) and § 85-30.2-105(f) may enter and moor in Smiling Cove Marina provided that they have applied for and received an approved non-tenant storm condition permit from the marina office, in accordance with § 85-30.2-330 and § 85-30.2-335. The permit will specify where the non-tenant vessel may berth or moor in the marina area during storm conditions, according to the typhoon contingency plan. All vessels registered in the typhoon contingency plan but which do not hold a valid lease issued pursuant to § 85-30.2-101 are required to leave within forty-eight hours after the return to condition 3 or the giving of the “all clear” signal.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-315             Emergency Moorings

 

In the event of storm conditions, any vessel permitted in Smiling Cove may moor across the channel of the waterway if the following conditions are observed and the vessel does not obstruct other permitted vessels according to the typhoon contingency plan:

 

(a)       The vessel operator must follow the directions of the Director of the Division of Fish and Wildlife or his designee.

 

(b)       The vessel must be moored in a manner that will not jeopardize the safety of adjacent vessels in a storm.

 

(c)       All floats, gangways, and other floating obstacles other than vessels must be removed entirely from the water and secured on high ground.

 

(d)       All loose objects on the vessel shall be either removed or sufficiently tied down to withstand typhoon strength winds.

 

(e)       Mooring lines must use chafing protection on the vessel and at the end where they are fastened to trees, posts, or other objects out of the water.

 

(f)        Vessels entering the Smiling Cove Marina specifically for storm protection, which are not registered according to the typhoon contingency plan, shall be placed in available locations on a first-come, first-served basis by the marina manager or his designee.

 

(g)       Mooring lines must be removed from crossing the channel and all other locations that impede the movement or navigation of vessels in the waterways within twelve hours of the announcement of the “all clear” signal.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change. The Commission inserted a comma after “protection” in subsection (f) to correct a manifest error.

 

§ 85-30.2-320             Unattended Vessels During Storm Conditions

 

Any vessel with a berthing lease that is within Smiling Cove Marina during storm conditions and is not attended to by a person or persons who adequately secure the vessel for typhoon strength winds shall have its lease or permit terminated. It is the obligation of every boat owner to adequately secure his vessel so that it does not present a hazard to other vessels in the marina.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-325             Marina Manager's Authority

 

The marina manager is empowered to regulate all vessel movement and placement within Smiling Cove Marina, its boundaries and shore areas prior to or during storm conditions as the designee of the Director of Fish & Wildlife. The marina manager or his/her designee shall:

 

(a)       Announce when the marina is officially closed to vessel movement into or out of it when condition 2 is aired by weather broadcast, via, VHF marine band radio on channel 16 as notice to mariners. This broadcast will be transmitted at ten minute intervals for one hour.

 

(b)       Advise owners of trailerable vessels to remove them from the marina before storm condition 2 or typhoon condition 2.

 

(c)       Monitor the placement of non-tenant vessels according to size and berth space. Non-tenant vessels are accorded refuge at Smiling Cove Marina pursuant to compliance with § 85-30.2-330 and § 85-30.2-335.

 

(d)       Ensure that no vessels moor or anchor in the marina channel.

 

(e)       Penalize and assess fines pursuant to CNMI laws for violations of this section.

 

(f)        [Reserved.]

 

(g)       [Reserved.]

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: The 2006 amendments changed subsection (e).

 

§ 85-30.2-330             Non-tenant Storm Condition Permit Procedures

 

An owner of any vessel that is not a tenant at Smiling Cove Marina who wishes to berth or moor within its premises during storms or typhoons must apply for a Non-Tenant Storm Condition Permit in accordance with § 85-30.2-330(a) through § 85-30.2-330(d) below:

 

(a)       Complete an application and submit it to the marina office during the open application period, held each year between January 1 and March 31;

 

(b)       Produce evidence of current, adequate and applicable insurance coverage along with the application;

 

(c)       Pay the required annual fee if the application is approved; and

 

(d)       Have a current vessel inspection report and certificate of number, as applicable.

 

(e)       Any application submitted that cannot show evidence required by § 85-30.2-330(a) through § 85-30.2-330(d) above will be denied.

 

(f)        No non-tenant vessel has the right to infringe upon the safety and welfare of the tenants of Smiling Cove Marina.

 

(g)       All applications are subject to availability of berthing slips or mooring spaces at the marina.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-335             Non-Tenant Storm Condition Permit Fees

 

The fees to be charged for the privilege to berth, moor, or anchor within Smiling Cove Marina premises during storm conditions are assessed on an annual basis, are due and payable when the application is received and approved, and are not refundable. Fees are charged as follows:

 

(a)       Vessels under 20 feet in length:                     Not permitted

 

(b)       Vessels 20 feet to 30 feet in length:              $50.00

 

(c)       Vessels 31 feet to 40 feet in length:              $55.00

 

(d)       Vessels 41 feet to 50 feet in length:              $60.00

 

(e)       Vessels over 51 feet in length:                       $65.00

 

(f)        Vessels at anchor:                                          $30.00.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: The Commission changed “51over feet” to “over 51 feet” in subsection (e) to correct a manifest error. The Commission inserted a comma after the word “moor” pursuant to 1 CMC § 3806(g). The 2006 amendments changed subsection (e).

 

Part 400 -       Convenience Dock

 

§ 85-30.2-401             “Convenience Dock” Defined

 

The “convenience dock” is marked on exhibit “A-2” as the dock due north of the launching ramp.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change. Exhibit A-2 was not attached to the 2006 regulation.

 

§ 85-30.2-405             Commercial Vessels Prohibited

 

Commercial vessels engaged in carrying passengers for hire, whether for transportation or any activity (fishing, parasailing, sightseeing, etc.) are prohibited from using the convenience dock.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-410             Use of Convenience Dock

 

The convenience dock is for the use of recreational boaters and fishermen. They shall use the dock for no longer than one-half hour at a time and shall tie up to the dock in a manner so as to allow the maximum number of vessels to use the dock.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

Part 500 -       Visiting Vessels

 

§ 85-30.2-501             “Visiting Vessel” Defined

 

A “visiting vessel” is a vessel registered outside of the Commonwealth or documented with a home port other than in the Commonwealth whose owner is not a resident of the Commonwealth and which will remain on Saipan for less than fourteen days.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments changed “thirty consecutive days” to “fourteen days.”

 

§ 85-30.2-505             Procedure Upon Entry

 

(a)       Visiting vessels that visit from outside of the Commonwealth must clear various government inspections, such as customs, agricultural quarantine, and immigration. To receive such clearance, visiting vessels must call port control at the Commonwealth Port Authority on channel 16, announce their arrival, and present themselves for inspection at the area designated by port control near Charlie Dock.

 

(b)       Visiting vessels that have been cleared may request permission from the marina manager to temporarily berth in Smiling Cove. This permission will be granted if there is sufficient room to accommodate the vessel and the vessel does not come within a category of exclusion under § 85-30.2-105. In particular, a visiting vessel cannot be used as a place of abode, as defined in § 85-30.2-105(a), while in Smiling Cove Marina, unless permitted by the Director of Fish & Wildlife or his designee.

 

Modified, 1 CMC § 3806(c), (f), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The original regulation was not found on consecutive pages of the October 2006 Commonwealth Register due to a misplaced page in the middle of this section. The Commission inserted part of this section from 28 Com. Reg. 26246 (Oct. 30, 2006) rather than from the consecutive page (28 Com. Reg. 26245 (Oct. 30, 2006)).

 

In 2006, this section was re-promulgated without change.

 

§ 85-30.2-510             Fees for Visiting Vessels

 

The following fees shall be collected daily from visiting vessels for berthing in Smiling Cove Marina:

 

(a)       First three days in one month: free;

 

(b)       Every day, or a fraction of a day, thereafter:

(1)       Vessels 29.0 feet or less in length: $4.00 per day

(2)       Vessels 29.1 feet to 44.0 feet in length: $8.00 per day

(3)       Vessels 44.1 feet or greater in length: $12.00 per day.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The Commission inserted the final period in this section. In 2006, this section was re-promulgated without change.

 

§ 85-30.2-515             Maximum Stay Permitted

 

A visiting vessel may stay only as long as permitted by the marina manager and in no event longer than 13 days per month.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments changed “30 calendar days” to “13 days per month.”

 

Part 600 -       Special Events

 

§ 85-30.2-601             “Special Events” Defined

 

“Special events” include use of the Smiling Cove Marina facilities for events including, but not limited to, fishing derbies and holiday celebrations, hosted by a person, a company, a non-profit organization, or a government agency. Marina facilities include, but are not limited to, berthing docks, launching ramp, trash bins, weigh station, convenience dock, parking area, water facilities, and channel access.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: In 2006, this section was re-promulgated without change. The Commission inserted a comma after the word “facilities” pursuant to 1 CMC § 3806(g).

 

§ 85-30.2-605             Permit Required

 

Sponsors of special events are required to apply for a permit from the marina manager for the special event. Application will be made in writing, on a form supplied by the marina manager. A non-refundable fee of $50.00 will be charged for the use of the marina facilities for the special event. No special event will be allowed to occur in Smiling Cove Marina without a permit approved by the marina manager and full payment of the special event fee.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: The 2006 amendments added the comma in the second sentence between “writing” and “on.”

 

Part 700 -       Leases and Permits

 

§ 85-30.2-701             Cancellation

 

(a)       The Director of Fish & Wildlife may cancel and terminate any lease or permit upon five days written notice to the lessee or permittee for failure to comply with:

(1)       Any provision of the lease or permit, including without limitation, nonpayment of lease rent or permit fees;

(2)       The Smiling Cove Marina rules and regulations in this subchapter; or

(3)       The Boating Safety rules and regulations [NMIAC, title 150, chapter 20].

 

(b)       In addition, if there is any change of circumstances that causes a vessel to come within § 85-30.2-105 or § 85-30.2-110, the lease or permit may be canceled.

 

(c)       Notice shall be deemed served within twenty-four hours of the time said notice is deposited in the United States Postal Service, if mailed by first-class mail, postage prepaid, to the lessee’s or permittee’s address as designated on the lease or permit. In the case of personal service, notice shall be effective upon such service.

 

(d)       The notice shall specify the applicable provision of the lease or permit, Marina Regulations in this subchapter or Boating Safety Regulations [NMIAC, title 150, chapter 20] with which the lessee or permittee has failed or refused to comply, the date and time on or before which the slip must be vacated, and the cancellation date.

 

(e)       The lessee or permittee shall be liable for all berthing or mooring fees accruing prior to the date of cancellation.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The Commission designated subsections (a), (b), (c), (d), and (e). The 2006 amendments added subsection (a)(3) and modified subsections (a), (c), and (d). The Commission changed “effected” to “effective” in subsection (c) to correct a manifest error.

 

§ 85-30.2-705             Impoundment of Vessel upon Cancellation of Lease or Permit

 

(a)       If the lessee or permittee shall fail or refuse to remove his or her vessel from a slip on or before the date of cancellation of the lease or permit, the Director or his designee shall impound the vessel at the lessee’s or permittee’s risk and expense.

 

(b)       Impoundment shall consist of chaining the vessel to the dock and placing a dated sign upon the vessel explaining the reasons for impoundment.

 

(c)       The Director or his designee may also impound a vessel by removing it from the slip.

 

(d)       Neither the Division nor the Commonwealth government nor any of its officers or employees shall be liable for any such actions and all lessees and permittees waive all claims for damage to persons and property sustained by a vessel resulting from its movement pursuant to this provision.

 

(e)       The lessee or permittee shall reimburse the Division for costs incurred in moving and storing the vessel. Fines may be assessed as well.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The original paragraphs were not designated. The Commission designation subsections (a)-(e). The 2006 amendments added subsection (d) and changed subsections (c) and (e).

 

§ 85-30.2-710             Reconsideration of Evicted Lessees or Permittees

 

Any lessee or permittee evicted from the marina under part 700 of this subchapter who wishes to berth again at Smiling Cove Marina must make a new application and must wait for a space on the waiting list, if any. Any such new application made by an evicted lessee or permittee will be considered only after all delinquent berthing fees are paid, and any other violations or lease or permit provisions are cured. The marina manager is authorized to require an advance deposit of six months’ rental fees for any such new application.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-715             Reassignment of Slips

 

(a)       The marina manager shall have the right to temporarily or permanently reassign berthing slip spaces and to move or cause to be moved any vessel so reassigned. A lessee or permittee, by applying for and accepting the use of a slip, shall be deemed to have consented to the reassignment and movement of the vessel to another slip:

(1)       For the proper operation, maintenance and repair of Smiling Cove Marina,

(2)       For the convenience of the Commonwealth,

(3)       For a special event, or

(4)       In case of an emergency.

 

(b)       The lessee or permittee further consents to the movement of the vessel by the marina manager if, after notice to move the vessel is given by the marina manager, the lessee or permittee fails to comply with any such notice. The lessee or permittee shall reimburse the Division for costs incurred in moving the vessel.

 

(c)       Neither the Division nor the Commonwealth government nor any of its officers or employees shall be liable for such action and all lessees and permittees waive all claims for damage to persons and property sustained by a vessel resulting from its movement pursuant to this provision.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments changed subsection (b) and added subsection (c).

 

In the original, part of this section appears out of order due to a misplaced page, which caused the last part of this section not to appear on the consecutive page. The Commission inserted the appropriate part of this section found at 28 Com. Reg. 26245 (Oct. 30, 2006).

 

§ 85-30.2-720             Non-Transferability of Lease

 

A lessee or permittee shall not give, sell, sublease, assign, or transfer, or attempt to give, sell, sublease, assign, or transfer, whether voluntarily or involuntarily, the use of a designated slip, the lease or permit therefor, or any interest therein. No agreement, whether oral or in writing, between the lessee or permittee and any other person, firm, or entity may be made in connection with:

 

(a)       The use of a designated slip by a person other than the lessee or permittee,

 

(b)       The use of a designated slip by a vessel other than one owned by the lessee or permittee,

 

(c)       The transfer of ownership of or an interest in a vessel, or

 

(d)       A transfer of an interest in a corporation or partnership (general or limited) or joint venture owning a vessel, by which agreement lessee or permittee attempts to give, sell, sublease, assign, or to otherwise transfer the lease or permit and interest therein, or the right to use the designated slip, shall make the lease void and shall constitute grounds for the cancellation of the lease.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The Commission inserted a comma after the word “assign” pursuant to 1 CMC § 3806(g). The 2006 amendments modified subsection (d) by removing the reference to § 85-30.2-701.

 

§ 85-30.2-725             Sale of Vessel

 

(a)       A lessee or permittee may retain his or her designated slip for a period of thirty days after transferring title to or agreeing to sell his or her vessel provided:

(1)       The lessee or permittee shall notify the marina manager in writing of the sale of the vessel and his or her intent to acquire another vessel of appropriate length for the occupancy of the slip within five days of the date the agreement for the sale of the vessel is entered into, and

(2)       The lessee or permittee shall pay slip fees equal to the amount specified in the lease or permit for the vessel sold pending the acquisition of another vessel.

 

(b)       An extension of an additional period may be granted at the discretion of the marina manager upon presentation of proof of a contract to purchase or construct another vessel.

 

(c)       If the lessee or permittee does not acquire and accept delivery of another vessel of appropriate length for the assigned slip within the thirty day period or any extension thereof; the lease or permit shall be canceled. The lessee or permittee shall remain liable for all fees accruing prior to cancellation.

 

(d)       A lessee or permittee shall notify the marina manager in writing within five days of any change of ownership in his or her vessel resulting from a gift, sale, lease, withdrawal, addition or substitution of partners, the sale or transfer of stock in a closely held corporate ownership of the vessel or a change of officers or directors of a closely held corporation owning the vessel. If a lessee or permittee fails or refuses to notify the marina manager within five days from the date of any such change, such failure or refusal shall constitute grounds for cancellation of the lease or permit.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments removed “calendar” before “days” in subsections (a), (a)(1), and (d) and before “day” in subsection (c). The 2006 amendments also removed references to § 85-30.2-701 in subsections (c) and (d).

 

§ 85-30.2-730             Partnerships and Corporations

 

(a)       No lease will be issued in the name of a partnership, corporation, joint venture, or other legal entity.

 

(b)       A lease or permit for a vessel which is registered or documented by a partnership, corporation, joint venture, or other legal entity will be issued only to a sole natural person whose name appears on the Smiling Cove Marina waiting list and whose interest in the vessel is equal to or greater than that of each of the other partners, stockholders, members, or associates.

 

(c)       An application for a berthing lease for a vessel owned by a partnership, corporation, joint venture, or other legal entity shall submit to the Director of the Division of Fish and Wildlife a fully executed marine bureau statement of ownership.

 

(d)       If a lessee or permittee fails or refuses to notify the Director of a change to any of the information contained in the marine bureau statement of ownership within five days from the date of any such change, such failure or refusal shall constitute grounds for cancellation of the lease or permit.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The original paragraphs of this section were not designated. The Commission designated subsections (a)-(d). The Commission inserted commas after the words “venture” in subsections (a) and (c) and “member” in subsection (b) pursuant to 1 CMC § 3806(g). The 2006 amendments removed “calendar” before “days” and removed the reference to § 85-30.2-701 in the last sentence of this section.

 

§ 85-30.2-735             Absence from Slips

 

(a)       In the event of an absence from a slip of more than seven days, the marina manager shall be notified of the intended length of absence so that the slip may be made available to other vessels under a temporary permit.

 

(b)       In the event that the planned absence is greater than ninety days, then a leave of absence must be requested from the marina manager. The manager may grant a leave of absence for a reasonable period. If the period is deemed to not be reasonable, then the lease or permit shall be canceled.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments removed “calendar” before “days” in subsections (a) and (b) and removed the reference to § 85-30.2-701 in the last sentence of subsection (b).

 

§ 85-30.2-740             Temporary Slip Permit

 

The marina manager may issue temporary permits to occupy and use vacant or unassigned slips upon such terms and conditions as may be required for the efficient operation of Smiling Cove Marina.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-745             Waiver of Claims

 

Neither the Commonwealth of the Northern Mariana Islands government nor any of its officers or employees shall be liable to a lessee or permittee and their guests for any damages to persons or property within Smiling Cove Marina.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments removed the exception regarding the Government Liability Act of 1983 and added “and their guests” to this section.

 

Part 800 -       General Regulations

 

§ 85-30.2-801             Application

 

The regulations in this part shall control the conduct of all lessees and permittees of Smiling Cove Marina and shall be incorporated as a part of any berthing lease or temporary slip permit. The regulations in this part may be changed from time to time and shall apply prospectively as changed or amended to all existing lessees and permittees.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-802             No Commercial Use of Slips

 

No slip or dock structure within the Smiling Cove Marina shall be used for commercial purposes.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-804             Storage on Docks

 

Nothing shall be stored on the dock by any lessee or permittee. Each lessee or permittee is responsible for keeping the adjacent dock area clean and free of litter. A lessee or permittee shall not place items on the dock except for short periods of time; and at such times shall place the items in such a manner so as to not obstruct free passage along the dock.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-806             Fenders on Dock

 

No lessee or permittee shall install fender material, dock wheels, or carpet on the docks without the express permission of the marina manager. Upon installation, title to said fender or dock wheels shall be vested in the Commonwealth.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-808             Movement of Vessels in Marina

 

Movement of vessels within Smiling Cove Marina shall be for the purpose of entering or leaving a slip only.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments removed “by marina tenants” after “Smiling Cove Marina.”

 

§ 85-30.2-810             Speed Within the Marina

 

(a)       Basic Speed Law: No vessel shall be operated at such a speed in the Smiling Cove Marina and its channel that a wake is created that will disturb other vessels docked or moored or cause destruction of the shoreline. This shall apply to all vessels for the full length of the channel.

 

(b)       Heavy Displacement Vessels: Heavy displacement vessels, greater than twenty tons are particularly prone to causing destructive wakes at slow speeds. Operators of these vessels shall maintain their speeds at less than 3 mph while traveling within Smiling Cove Marina.

 

(c)       All Other Vessels: All vessels not specified in § 85-30.2-810(b) shall observe a 5 mph speed limit within Smiling Cove Marina for the full length of the channel, subject at all times to the basic speed law.

 

(d)       Complaints: Lessees and permittees are encouraged to report incidents of vessels traveling in excess of any of the above subsections.

 

(e)       If the marina manager finds a violation of this section, a lessee or permittee shall have its right to berth or moor in the marina canceled.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments added subsection (e).

 

§ 85-30.2-812             Toilet Usage

 

Toilets or marine heads shall not be used aboard a vessel in Smiling Cove Marina unless waste removal from vessel toilets or marine heads are conducted pursuant to a process approved in writing by the Director of Fish & Wildlife or his designee.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-814             Mooring of a Vessel

 

A lessee or permittee shall, at all times, ensure that his or her vessel is safely moored with lines adequate for the weather conditions.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-816             Maintenance Work on Vessel

 

(a)       Major repair or reconstruction work shall not be performed in or at any slip.

 

(b)       No repair or other work on a vessel shall be performed before 8:00 a.m. nor after sunset, except in the case of emergency repairs to keep a vessel afloat. The marina manager may provide written authorization to have a vessel repaired after sunset in the marina if the repairs require a longer period of time provided that the repairs do not infringe upon the safety and welfare of the tenants of Smiling Cove Marina. Such authorization must state a “start” and “ending” time and date for the repairs.

 

(c)       Tools and equipment must not be placed on the dock in a manner that will obstruct free passage along the dock. The dock area must be kept in a neat, clean, and orderly condition.

 

(d)       No material of any type resulting from maintenance work, such as solvents, paints, sandpaper, and other non-biodegradable materials shall be allowed to enter the water of Smiling Cove Marina.

 

(e)       Spray painting, welding, burning, and other hazardous activities are strictly prohibited in the marina.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments added “in a manner that will obstruct free passage along the dock” to subsection (c). The Commission inserted a comma after the word “clean” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 85-30.2-818             Garbage and Littering

 

(a)       No lessee or permittee shall have or keep on a vessel or on the adjacent dock any garbage or decaying matter. Trash bins are provided at the Smiling Cove Marina parking area for proper disposal of trash and other disposable materials.

 

(b)       No lessee or permittee shall throw, place, leave, deposit or abandon, or cause to be thrown, placed, deposited or abandoned, any litter within the Smiling Cove Marina and the adjacent areas of American Memorial Park except in receptacles designated by the Division of Fish & Wildlife for the disposal of such materials. A lessee or permittee shall place only that garbage or litter within such receptacles as is generated during and results from a vessel’s voyage.

 

(c)       No lessee or permittee shall place, throw, deposit or discharge or cause to be placed, thrown, deposited, or discharged into the waters of Smiling Cove Marina any litter, sewage, garbage, gaseous liquid or solid materials which render the water unsightly, noxious, or unclean so as to be detrimental to the public health and welfare.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The Commission changed the “&” to “and” in subsection (a). In 2006, this section was re-promulgated without change.

 

§ 85-30.2-820             Fire Safety

 

(a)       Basic Rule: No lessee or permittee shall use or permit his or her vessel to be used or maintained in a manner as to create or constitute a potential fire hazard.

 

(b)       Fire Extinguishing Equipment: Any vessel berthed in the Smiling Cove Marina shall have at least two operable hand portable fire extinguishers containing ten pounds of dry chemicals. This requirement is waived if the vessel has a current safety inspection by the local boating safety office, Coast Guard or a vessel safety check that has passed the Coast Guard Auxiliary inspection criteria.

 

(c)       Fueling: No fueling of vessels, whatsoever, shall be permitted within Smiling Cove Marina.

 

(d)       LPG: Any vessel equipped with liquid propane gas for cooking shall also be equipped with a solenoid or a warning indicator for detecting LPG leaks.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The Commission inserted “or” before “permittee” in subsection (a). In 2006, this section was re-promulgated without change.

 

§ 85-30.2-822             Dumping of Hazardous Substances

 

No lessee or permittee shall dump, discharge or pump oil, spirits, gasoline, diesel, distillate, any petroleum product, any other flammable materials, detergent, cleaning solutions or any substance that violates CNMI Water Quality Standards [NMIAC, title 65, chapter 130] into the waters of Smiling Cove Marina, upon any of the docks, or on any land adjacent to the marina. Combustible materials shall not be placed in trash receptacles, but only in receptacles specially marked for combustibles and petroleum products. In the absence of such a receptacle, a lessee or permittee shall remove the substances for disposal at a site other than the marina or American Memorial Park.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-824             Swimming

 

No person shall swim in the Smiling Cove Marina, except as necessary to moor or anchor a vessel, clear a fouled propeller, assist a vessel in clearing another vessel’s mooring lines, or remove a vessel that is aground.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-826             Fishing

 

No person shall fish from any docks of the marina and adjacent locations. No shoreline or fishing from the banks within Smiling Cove Marina is permitted beginning westward from the convenience dock to the south end of the marina ending at the last slip at dock G. Fishing in Smiling Cove Marina is strictly prohibited.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-828             Visitors

 

Visitors, unless accompanied by a lessee or permittee, or designated by the lessee or permittee in writing, shall not be permitted on the docks after sunset.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-830             Small Children on Docks

 

Children under ten years of age are not permitted on the docks without the immediate presence of their parents or other responsible adults.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-832             Obstructions Placed in Water

 

No float, pier, dock, pile, ramp or other obstruction may be placed in the Smiling Cove Marina without the prior authorization of the marina manager.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-834             Signs

 

(a)       No lessee or permittee shall place, erect, or maintain any sign, display, or notice on any property, structure, or improvement within the Smiling Cove Marina, without the prior written authorization of the marina manager.

 

(b)       A lessee or permittee may place one sign on the exterior of a vessel advertising the sale or offering for sale of said vessel; provided however, the size of any such sign shall not exceed nine inches by twelve inches and the lettering thereon shall not exceed four inches in height. Such a sign shall be displayed on the vessel for seven consecutive calendar days that is written on the authorization.

 

(c)       Application for another week to post a sign shall be made again to the marina manager.

 

(d)       The marina manager may direct the removal of any nonconforming or unauthorized sign, display, or notice. In the event that a lessee or permittee refuses to remove it, such shall constitute grounds for cancellation of the lease or permit.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a)-(d). In 2006, this section was re-promulgated without change. The Commission inserted commas after the words “erect” and “display” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 85-30.2-836             Maintenance of Marina

 

A lessee or permittee shall immediately notify the marina manager of the need for repairs to the docks or any dangerous conditions in the marina requiring attention.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-838             Alteration of Docks

 

A lessee or permittee shall not alter any dock in any way without the prior written consent of the marina manager.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments did not make any changes to this section.

 

§ 85-30.2-840             Nuisance

 

No lessee or permittee shall use his or her vessel in such a manner or maintain it in such a condition that its presence in the marina is a nuisance. A “nuisance” is defined as when the health or safety of others is threatened or their quiet and peaceful use of the marina is interfered with.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The Commission changed “their” to “his or her” in the first sentence of this section. In 2006, this section was re-promulgated without change.

 

§ 85-30.2-842             Guests Aboard at Night

 

A lessee or permittee shall not have more than five guests aboard his or her vessel while at its berthing space between the hours of 8:00 p.m. and 4:00 a.m. The exception to this rule shall be when a vessel is departing or arriving at its berth space. In such an event, any guests may remain only as long as engaged in performing any acts necessary for the departure or arrival, such as the loading and unloading of the vessel.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments removed “one” before “exception” in the second sentence of this section.

 

§ 85-30.2-844             Noise

 

A lessee or permittee shall not create, or allow to be created by any person, animal, machinery, hardware, sound system, radio, television, or any form of device, any sound which may be considered offensive or a nuisance to any other users of the marina, taking into consideration the circumstances of the time, place, and nature of the sound.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-846             Articles and Equipment Left on Dock

 

[Repealed.]

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment:  The 2006 amendments did not include this section, but did not expressly repeal it. The final section of the 2006 amendments noted its intent to supersede all previous Smiling Cove Marina regulations. Therefore, this section is superseded.

 

Part 900 -       Parking Area

 

§ 85-30.2-901             “Parking Lot” Defined

 

The paved parking area adjacent to and immediately south of the docks at Smiling Cove Marina is referred to herein as the “parking lot.”

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The Commission moved the final period inside of the quotation mark. In 2006, this section was re-promulgated without change.

 

§ 85-30.2-905             Use Restrictions

 

(a)       A lessee or permittee is entitled to leave one vehicle in the parking lot while aboard his or her vessel. Two additional vehicles of guests of a lessee or permittee may be left in the parking lot while the guests are aboard the lessee’s or permittee’s vessel.

 

(b)       Buses and mini-buses shall be permitted to load and unload passengers in the parking lot, and park at the designated bus parking location.

 

(c)       No person shall sleep or cook in a vehicle while it is in the parking lot.

 

(d)       Trailers shall be permitted in the parking lot in the area that is marked and designated for “trailers.”

 

(e)       No vehicle or trailer may be left in the parking lot for more than seventy-two hours without the written authorization of the marina manager. Any vehicle that does not belong to a tenant of the marina or his/her guest, and that remains in the parking lot after 8:30 p.m., shall be towed away at the owner’s expense. A parking fine will also be assessed.

 

(f)        No person shall remain, stay, or loiter in the parking lot between the hours of 8:30 p.m. and 5:00 a.m.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In subsection (d), the Commission moved the final period inside of the closing quotation mark. The 2006 amendments modified subsection (e).

 

§ 85-30.2-910             Risk of Use

 

The parking lot is maintained by the government for the gratuitous use of boat owners. Any person who parks a vehicle in the parking lot does so at his or her own risk.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

Part 1000 -     Enforcement

 

§ 85-30.2-1001           Effect of Regulations on Lease and Permits

 

(a)       The rules and regulations in this subchapter, as stated herein, and as they may be amended from time to time, are express conditions of every lease and permit.

 

(b)       A violation of the rules and regulations in this subchapter may result in the cancellation of a lease or permit by the Director of Fish & Wildlife.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments removed the reference to § 85-30.2-701 in subsection (b).

 

§ 85-30.2-1005           Enforcement of Regulations

 

(a)       The rules and regulations in this subchapter may be enforced against persons who are not lessees or permittees by an action for specific performance and/or damages.

 

(b)       No action for legal or equitable relief may be filed for enforcement except by the government. However, any lessee may file an action in his or her own name against any person who places or maintains a vessel at the lessee’s berthing slip without the consent of the lessee.

 

(c)       The Secretary of Lands & Natural Resources is hereby empowered to deputize marina enforcement personnel for the issuance of citations in violation of the regulations in this subchapter.

 

(d)       The marina manager is directed to instruct and train the marina enforcement personnel in the proper procedures for the issuance of citations and/or notices pursuant to the regulations in this subchapter.

 

(e)       Marina enforcement personnel must be attired in identifiable uniforms and must carry identification cards in the performance of their duty.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The Commission deleted “or” located before “without the consent of the lessee” in subsection (b) to correct a manifest error.

 

The 2006 amendments inserted a new subsection (c) and re-designated the remaining sections. The 2006 amendments modified subsection (d) (formerly subsection (c)) by inserting “citations and/or” before “notices.”

 

§ 85-30.2-1010           Discretion of the Marina Manager in Removing Applicants from Waiting List

 

The marina manager may remove an applicant for a berth lease from the waiting list for failure to comply with the regulations in this subchapter or to obey the directives of the Director of Fish & Wildlife. No application will be accepted if that person has an unpaid debt to Smiling Cove Marina for prior usage of the facility. Upon complete payment of all debts in arrears, the marina manager may consider including the applicant on the waiting list.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

§ 85-30.2-1015           Nature of Lease and Permit

 

No person has a right to a lease or a permit or the use of the government’s docks or the Smiling Cove Marina. Upon execution of a lease agreement or a permit, a holder obtains certain rights to the extent provided in the agreement.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: In 2006, this section was re-promulgated without change.

 

Part 1100 -     Fines

 

§ 85-30.2-1101           Fines

 

Assessment of fines for violation of the Smiling Cove Marina Rules and Regulations in this subchapter is as follows:

 

(a)       Illegally berthed vessel: $4.00 per linear foot per day.

 

(b)       Impounded vessel:

(1)       $25.00 per week for vessels from 20 feet to 30 feet in length;

(2)       $50.00 per week for vessels from 31 feet to 45 feet in length; and

(3)       $75.00 per week for vessels over 45 feet in length.

 

(c)       Trailer removal: $25.00 per trailer.

 

(d)       Vessel removal:

(1)       $50.00 per vessel from 20 feet to 30 feet in length;

(2)       $100.00 per vessel from 31 feet to 45 feet in length; and

(3)       $250.00 per vessel over 45 feet in length.

 

(e)       Illegal parking: $25.00 per day.

 

(f)        Unauthorized signs: $10.00 per sign after warning to remove it.

 

(g)       Unauthorized persons on dock: $10.00 per person after warning to leave.

 

(h)       Articles and equipment on dock: $50.00 per occurrence after warning to remove it.

 

(i)        Dumping of hazardous substances: $500.00 per occurrence.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: The Commission changed “are” to “is” in the first sentence of this section to correct a manifest error. The Commission designated subsections (b)(1)-(3) and (d)(1)-(3). The 2006 amendments made several changes throughout this section, including replacing the title of Part 1100 and § 85-30.2-1101 (“Cost Reimbursement” replaced with “Fines”).

 

§ 85-30.2-1105           Opportunity to Contest Imposition of Costs

 

[Repealed.]

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment:  The 2006 amendments did not include this section, but did not expressly repeal it. The final section of the 2006 amendments noted its intent to supersede all previous Smiling Cove Marina regulations. Therefore, this section is superseded.

 

Part 1200 -     Miscellaneous Provisions

 

§ 85-30.2-1201           Severability

 

If any section or portion of a section herein is invalid, it shall be deleted from this subchapter and shall not invalidate the remaining sections of the regulations.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. 9633 (Sept. 15, 1992); Proposed 14 Com. Reg. 9338 (July 15, 1992); Emergency 14 Com. Reg. 9327 (effective for 120 days from July 13, 1992).

 

Commission Comment: The 2006 amendments replaced this section in its entirety.

 

§ 85-30.2-1205           Supersedure

 

The Smiling Cove Marina Rules and Regulations contained in this subchapter supersede all other rules and regulations regarding Smiling Cove Marina previously promulgated, including but not limited to those published in the Commonwealth Register:

 

(a)       On July 15, 1992 at pages 9327 through 9334;

 

(b)       On July 15, 1992 at pages 9338 through 9380;

 

(c)       On September 15, 1992 at pages 9633 through 9636;

 

(d)       On June 15, 1995 at pages 13515 through 13517; and

 

(e)       On September 15, 1995 at page 13723.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment: The Commission corrected the spelling of “supersede” and “supersedure” pursuant to 1 CMC § 3806(g). In 2006, this section was re-promulgated without change. However, Exhibits A-1 and A-2, although referenced in this subchapter and formerly located at the end of the subchapter, were not published with the 2006 amendments. Therefore, Exhibits A-1 and A-2 were repealed pursuant to this section (§ 85-30.2-1205).

 

Exhibit A-1

 

[Repealed].

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006) (repealed); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment:  The 2006 amendments did not include this exhibit, but did not expressly repeal it. The final section of the 2006 amendments noted its intent to supersede all previous Smiling Cove Marina regulations. Therefore, this exhibit is superseded. See 25 Com. Reg. 20423 (July 15, 2003) for the original Exhibit A-1.

 

Exhibit A-2

 

[Repealed].

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006) (repealed); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

 

Commission Comment:  The 2006 amendments did not include this section, but did not expressly repeal it. The final section of the 2006 amendments noted its intent to supersede all previous Smiling Cove Marina regulations. Therefore, this section is superseded. See 25 Com. Reg. 20424 (July 15, 2003) for the original Exhibit A-2.


 

SUBCHAPTER 30.3

OUTER COVE MARINA RULES AND REGULATIONS

 


Part 001          General Provisions

§ 85-30.3-001 Authority and Purpose

§ 85-30.3-005 Application and Scope

§ 85-30.3-010 Notice

§ 85-30.3-015 Definitions

 

Part 100          Selection of Leases and Permits for Berthing Slips

§ 85-30.3-101 Lease or Permit Required for Tenancy in Outer Cove Marina

§ 85-30.3-105 Categories of Vessel Exclusions

§ 85-30.3-110 Categories of Exclusion for Leases

§ 85-30.3-115 First-Come, First-Served Priority

§ 85-30.3-120 Grant of Berthing Lease

§ 85-30.3-125 Security Deposit

§ 85-30.3-130 Mooring Permits

§ 85-30.3-135 Location of Moorings

§ 85-30.3-140 Restriction on Moorings

 

Part 200          Fees

§ 85-30.3-201 Fees for Berthing Ships

§ 85-30.3-205 Fees for Moorings

§ 85-30.3-210 Fees for Visiting Vessels

§ 85-30.3-215 Delinquency

§ 85-30.3-220 Passenger Departure Fees

 

Part 300          Typhoons and Tropical Storms

§ 85-30.3-301 Storm Conditions Defined

§ 85-30.3-305 Typhoon Contingency Plan

§ 85-30.3-310 Temporary Lifting of Exclusions during Storm Conditions

§ 85-30.3-315 Emergency Moorings

§ 85-30.3-320 Unattended Vessels during Storm Conditions

§ 85-30.3-325 Secretary’s Authority

§ 85-30.3-330 Non-tenant Storm Condition Permit Procedures

§ 85-30.3-335 Non-tenant Storm Condition Permit Fees

 

Part 400          Use of Outer Cove Marina

§ 85-30.1-401 General Statement and Restrictions on Mooring Dormant Vessels

§ 85-30.3-405 Insurance

 

Part 500          [Reserved]

 

Part 600          Special Events

§ 85-30.3-601 Special Events Defined

§ 85-30.3-605 Permit Required

 

Part 700          Leases and Permits

§ 85-30.3-701 Cancellation

§ 85-30.3-705 Impoundment of Vessel upon Cancellation of Lease or Permit

§ 85-30.3-710 Reconsideration of Evicted Lessees or Permittees

§ 85-30.3-715 Reassignment of Slips

§ 85-30.3-720 Non-Transferability of Lease

§ 85-30.3-725 Sale of Vessel

§ 85-30.3-730 Partnerships and Corporations

§ 85-30.3-735 Absence from Slips or Moorings

§ 85-30.3-740 Temporary Slip or Mooring Permit

§ 85-30.3-745 Waiver of Liability

 

Part 800          General Regulations

§ 85-30.3-801 Application

§ 85-30.3-802 Commercial Use of Slips

§ 85-30.3-804 Storage on Docks

§ 85-30.3-806 Fenders on Dock

§ 85-30.3-808 Movement of Vessels in Marina

§ 85-30.3-810 Speed Within the Marina

§ 85-30.3-812 Toilet Usage

§ 85-30.3-814 Mooring of a Vessel

§ 85-30.3-816 Maintenance Work on Vessel

§ 85-30.3-818 Garbage and Littering

§ 85-30.3-820 Fire Safety

§ 85-30.3-822 Dumping of Hazardous Substances

§ 85-30.3-824 Swimming

§ 85-30.3-826 Fishing

§ 85-30.3-828 Visitors

§ 85-30.3-830 Small Children on Docks

§ 85-30.3-832 Obstructions Placed in Water

§ 85-30.3-834 Signs

§ 85-30.3-836 Maintenance of Marina

§ 85-30.3-838 Alteration of Docks

§ 85-30.3-840 Nuisance

§ 85-30.3-842 Guests Aboard at Night

§ 85-30.3-844 Noise

 

Part 900          [Reserved]

 

Part 1000        Enforcement

§ 85-30.3-1001           Effect of Regulations on Lease and Permits

§ 85-30.3-1005           Enforcement of Regulations

§ 85-30.3-1010           Discretion of the Secretary in Removing Applicants from Waiting List

§ 85-30.3-1015           Nature of Lease and Permit

 

Part 1100        Fines

§ 85-30.3-1101           Fines

 

Part 1200        Miscellaneous Provisions

§ 85-30.3-1201           Severability


Subchapter Authority: 1 CMC §§ 2653, 2654; 2 CMC §§ 1201-1231.

 

Subchapter History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: PL 1-8, tit. 1, ch. 13 (effective Aug. 10, 1978), formerly codified at 1 CMC §§ 2651, et seq., originally created a Department of Natural Resources within the Commonwealth government.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 104:

 

Section 104. Department of Lands and Natural Resources.

 

The Department of Natural Resources is re-designated the Department of Lands and Natural Resources.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

In 1997, the Legislature passed the “Public Lands and Natural Resources Administration Act of 1997,” PL 10-57 (effective Apr. 18, 1997), codified as amended at 1 CMC §§ 2651, et seq. PL 10-57 repealed and reenacted chapter 13, division 2 of title 1 of the Commonwealth Code, 1 CMC §§ 2651, et seq., and statutorily established the Department of Lands and Natural Resources (DLNR) with the structure, duties and responsibilities set forth in the act. See 1 CMC § 2651 and the commission comment thereto. 1 CMC § 2654 authorizes the Department of Lands and Natural Resources to adopt rules and regulations in furtherance of its duties and responsibilities.

 

In 1999, the Department of Lands and Natural Resources, Division of Fish and Wildlife published emergency and proposed Outer Cove Marina Rules and Regulations pursuant to PL 6-13. The regulations were in effect for several months as emergency regulations, but they were not permanently adopted. See 21 Com. Reg. 16629 (Apr. 19, 1999) (effective for 120 days from Mar. 19, 1999) (amending the March 1999 emergency regulations); 21 Com. Reg. 16572 (Mar. 18, 1999) (effective for 120 days from Feb. 19, 1999).

 

Part 001 -       General Provisions

 

§ 85-30.3-001 Authority and Purpose

 

(a)       Authority. The regulations in this subchapter are promulgated under the authority of 1 CMC §§ 2653 and 2654 providing the Department of Lands and Natural Resources with the authority to adopt rules and regulations in furtherance of its powers and duties, including the responsibility for the protection and enhancement of the natural resources of the islands, including the marine environment. Further, 2 CMC §§ 1201-1231 provides the Department with the authority to manage submerged lands.

 

(b)       Purpose. It is the purpose of this subchapter to maintain Outer Cove Marina in a sanitary, sightly, and orderly condition and to preserve the public health, safety, peace, welfare, and convenience in the use thereof.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-005 Application and Scope

 

(a)       Geographic Area. The regulations codified in this subchapter shall apply to the berthing of vessels at docks, their mooring in the waterways, and other activities conducted within the Outer Cove Marina as depicted in Appendix A.*

 

(b)       Other Laws and Regulations. The regulations in this subchapter in no manner diminish the authority of laws and lawful regulations that otherwise apply to the waters and lands of the Outer Cove Marina.

 

* So in original. See Commission Comment.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: Appendix A was not included in the original regulation.

 

§ 85-30.3-010 Notice

 

If a notice to a permittee or owner is provided for in these rules, that notice shall be personally served on the person. If after diligent effort has been made to effect personal service, no personal service can be made, the marina general manager (hereinafter “manager”) may effect service by:

 

(a)       Posting the notice in a conspicuous place aboard the permittee’s vessel or at the assigned berth; or mooring.

 

(b)       Mailing the notice to the person at the person’s last known address; provided that in an emergency, where life or property is endangered or if, a vessel may interfere with other vessels or with the free and proper navigation of a waterway unless immediate action is taken, remedial action may be taken by the manager without prior notice.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the words “permittee,” “rules,” and “marina general manager” pursuant to 1 CMC § 3806(f).

 

§ 85-30.3-015 Definitions

 

Unless the context clearly indicates otherwise, the following definitions shall apply to the terms used in this subchapter:

 

(a)       “Agreement” means the agreement between the boat owner and the Secretary.

 

(b)       “Assigned berth” means a berth that is assigned to a permittee by a valid regular berthing permit.

 

(c)       “Berth” means where a vessel:

(1)       Is laid alongside a dock;

(2)       Is made fast alongside boat slip.

 

(d)       “Department” shall mean the Department of Lands and Natural Resources.

 

(e)       “Division” shall mean the Division of Fish and Wildlife.

 

(f)        “Dormant vessel” means a floating contrivance that has not been navigated outside the harbor where berthed or moored by means of its propulsion system at a minimum of two times during each quarter of the calendar year on voyages of at least two hours duration.

 

(g)       “Moor” means to secure a boat by making it fast with cables, lines, or anchors.

 

(h)       “Mooring” means a device for holding a vessel in place, when an anchor, concrete block, or similar device is placed or dropped on submerged land with a rope or chain attached to a buoy to which the vessel is attached.

 

(i)        “Passenger” means every person carried on board a vessel other than:

(1)       The owner or the owner’s representative;

(2)       The operator;

(3)       Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and are paid for their services; or

(4)       Any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for the guest’s carriage.

 

(j)        “Vessel” means every description of watercraft, used or capable of being used as a means of transportation on water.

 

(k)       “Commercial vessel" means a vessel engaged in the commercial carriage of passengers or cargo and or for commercial fishing in and about the waters of the Commonwealth. "Commercial" is defined as relating to or connected with trade and traffic or commerce in general, as defined in Section 2 of the Preamble of the Lease of Water Dependent Use of Submerged Lands approved by the CNMI legislature.

 

(l)        “Commercial fishing vessel” means vessel engaged in fishing for profit, either by individual, partnership, or corporation.

 

(m)      “Transient vessel” means any vessel visiting the CNMI for a period of not more than seven days.

 

(n)       “Vessel carrying passengers for hire” means any vessel which is used for the carriage of any person or persons for a valuable consideration whether directly or indirectly flowing to the owner, charterer, operator, agent, or any person who has a lien on the vessel.

 

(o)       “Vessel length” means the end-to-end measurement of a vessel taken over the deck, parallel to the waterline from the foremost part of the bow to the aftermost part of the stem; provided, that hull plating, plankings, and extensions aside from the hull proper, such as bowsprit, are not to be included in the measurement; provided further, that an open-type vessel or one with a cockpit shall be measured as if a complete deck existed at the upper level of the hull.

 

(p)       “Vessel length overall” (LOA) means the distance between the fore-and-aft extremities of a vessel including hull platings, plankings, and any extensions beyond the hull proper, such as bowsprit, planking, steering device, or other extensions.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the words “permittee” in subsection (b), “Is” in subsections (c)(1) and (c)(2), “vessel,” “of,” “Submerged,” and “legislature” in subsection (k), and “fishing” and “vessel” in subsection (l) pursuant to 1 CMC § 3806(f). The Commission added a semicolon at the end of subsection (c)(1), a period at the ends of subsections (c)(2) and (i)(4), and commas after the words “lines” in subsection (g), “block” in subsection (h), “partnership” in subsection (l), and “plankings” in subsection (l) pursuant to 1 CMC § 3806(g). Subsection (f) was undesignated in the original regulation. The Commission designated it as subsection (f) and re-designated the remaining paragraphs pursuant to 1 CMC § 3806(a). The Commission corrected the spelling of the word “means” in subsection (j) pursuant to 1 CMC § 3806(g). The Commission struck the figure “7” from subsection (m) pursuant to 1 CMC § 3806(e).

 

Part 100 -       Selection of Leases and Permits for Berthing Slips

 

§ 85-30.3-101 Lease or Permit Required for Tenancy in Outer Cove Marina

 

(a)       Berths: No vessel shall be permitted to be berthed at a dock slip in Outer Cove Marina without a lease approved by the Secretary. This includes government-owned vessels that are also required to pay berth fees. There are no exemptions unless mutually agreed upon between the government agency and the Secretary.

 

(b)       Moorings: No vessel shall be permitted to be moored in the waterways of Outer Cove Marina, except as provided for in part 300 for storm and typhoon conditions.

 

(c)       Tenant Vessels Defined: Tenant vessels are vessels for which a valid berthing lease has been issued.

 

(d)       Temporary Permits: The Secretary may issue temporary berthing permits at Outer Cove Marina for visiting or transient vessels, not to exceed thirty days in duration.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the word “Defined” in subsection (c) pursuant to 1 CMC § 3806(f).

 

§ 85-30.3-105 Categories of Vessel Exclusions

 

Except as provided for in part 300 of this subchapter, the following vessels shall not be granted leases, issued permits, or be allowed to berth on any dock or moor within the waterways of Outer Cove:

 

(a)       Vessels as a Place of Abode. A vessel on which any person remains overnight for seven or more days in any month is a vessel as a place of abode. A vessel shall be deemed to be lived aboard if a person or persons occupy the vessel and engage in those usual and customary activities associated with a person’s residence or abode, such as sleeping, preparation of meals, etc., for any period in excess of forty-eight consecutive hours in any seven-day period. An exception to this exclusion shall apply to a transient vessel that has a holding tank for containment of waste by-products.

 

(b)       Unseaworthy Vessels. A vessel is unseaworthy if it is not in a fit condition or ready for sea voyage. Lessees, permittees, and applicants shall, upon request, demonstrate or allow inspection of vessels for seaworthiness by the Secretary or his or her designee.

 

(c)       Work Boats. The term work boats includes tugboats, crew boats, landing crafts, vessels engaged in cargo trade, fishing trawlers, utility boats, construction boats, barges, and dredges.

 

(d)       Deep Draft Vessels. Vessels with a draft deeper than six feet are deep draft vessels.

 

(e)       Vessels Greater than 100 Feet Long. The length of the vessel shall be determined by its length overall (LOA) rounded upward to the next whole foot, including all permanent and functioning overhangs.

 

(f)        Vessels without Auxiliary Propulsion. Auxiliary propulsion means an engine, either outboard or inboard, sufficient to provide the vessel with safe maneuvering ability in the marina.

 

(g)       Vessels without Insurance Coverage. Vessels without insurance coverage for third party liabilities will be excluded from the premises. Copy of the insurance policy must be presented with the application.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission struck the figures “7” and “48” in subsection (a) pursuant to 1 CMC § 3806(e). The Commission inserted commas after the words “permittees” in subsection (b) and “barges” in subsection (c) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the words “Feet” in subsection (e), “without” in subsection (f), and “premises” in subsection (g) pursuant to 1 CMC § 3806(f).

 

§ 85-30.3-110 Categories of Exclusion for Leases

 

No vessel shall be granted a lease for a berthing slip that comes within any of the categories listed in § 85-30.3-105.

 

(a)       Unregistered or Undocumented Vessel. A vessel must have either current CNMI registration or U.S. Coast Guard documentation.

 

(b)       Commercial Vessel. A vessel engaged in the commercial carriage of passengers, including but not limited to, sport-fishing boats, Managaha transfer boats, tour boats, and parasailing tow boats may only be allowed to lease a berthing slip on a month-to-month basis after all non-commercial priority preference berthing slip requests are satisfied. Commercial vessel month-to-month berthing slip leases may only be granted or renewed if there are no pending berthing slip lease requests from non-commercial vessels.

 

(c)       Minimum Length. A vessel with a length overall (LOA) of less than fifteen feet.

 

(d)       Maximum Beam. A vessel with a beam greater than fifteen feet (15'), except that vessels of greater than 15' beam may be berthed at dock G. Beam is defined as the maximum breadth of the vessel.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-115 First-Come, First-Served Priority

 

(a)       Slips shall be assigned on a first-come, first-served basis.

(1)       Any person who owns commercial vessel, commercial fishing vessel, or vessel carrying passengers for hire who first submitted his or her completed berthing/mooring application shall be given first priority for the grant of a lease for a berthing slip or mooring space. Incomplete application shall be returned to the applicant for resubmission and will be treated as if it was for the first time.

(2)       Vessels shall be matched to slips so as to maximize useable berthing space and not restrict maneuverability.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission inserted a comma after the word “vessel” in subsection (a)(1) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the words “berthing,” “mooring,” and “lease” in subsection (a)(1) pursuant to 1 CMC § 3806(f).

 

§ 85-30.3-120 Grant of Berthing Lease

 

Upon selection for the grant of a lease, an applicant shall have ten days to complete the berthing lease, execute it, and pay the first month’s berthing fees and the security deposit. Failure to do so will result in the denial of the application and the award of the lease to another applicant.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the spelling of the word “month’s” pursuant to 1 CMC § 3806(g).

 

§ 85-30.3-125 Security Deposit

 

(a)       A security deposit in the amount of three months’ berthing fees shall be required of a new applicant for a berthing lease.

 

(b)       A security deposit in the amount of six months’ berthing fees shall be required of an evicted lessee or permittee whose application is being reconsidered pursuant to § 85-30.3-710.

 

(c)       All security deposits may be applied to expenses incurred by the Department for enforcing violations of lease or permit terms or violations of the rules and regulations in this subchapter, including but not limited to curing delinquent berthing fees and expenses for impoundment or removal of a vessel pursuant to §§ 85-30.3-701 and 85-30.3-705.

 

(d)       The security deposit shall not be considered to be an advance payment of berthing fees by the lessee or permittee. In the event that all berthing fees are paid on a timely basis, then at the conclusion of any lease or permit period, the lessee or permittee shall be entitled to a return of his or her security deposit without interest.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the spelling of the word “months’” in subsections (a) and (b) pursuant to 1 CMC § 3806(g).

 

§ 85-30.3-130 Mooring Permits

 

[Reserved.]

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-135 Location of Moorings

 

[Reserved.]

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-140 Restriction on Moorings

 

Until the Department installs mooring buoys in the premises, no vessel shall be allowed to place anchors for mooring purposes.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the word “premises” pursuant to 1 CMC § 3806(f).

 

Part 200 -       Fees

 

§ 85-30.3-201 Fees for Berthing Slips

 

The following fees shall be assessed lessees assigned berths, on a monthly basis:

 

(a)       Vessels 20.0 feet to 29.0 feet in length: $5.00 per foot.

 

(b)       Vessels 29.1 feet to 42. 0 feet in length: $7.00 per foot.

 

(c)       Vessels 42.1 feet to 52.0 feet in length: $10.00 per foot.

 

(d)       Vessels 52.1 feet to 65.0 feet in length: $15.00 per foot.

 

(e)       Vessels 65.1 feet to 100.0 feet in length: $20.00 per foot.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-205 Fees for Moorings

 

(a)       Vessel 20.0 ft. to 29.0': $2.50 per foot

 

(b)       Vessel 20.1 ft. to 29.0' :$3.50 per foot

 

(c)       Vessel 29.1 ft. to 42.0': $5.00 per foot.

 

(d)       Vessel 42.1 ft. to 65.0': $7.50 per foot.

 

(e)       Vessel 65.1 ft. to 100.0': $10.00 per foot.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-210 Fees for Visiting Vessels

 

(a)       The following fees shall be collected daily for mooring or berthing in the Outer Cove Marina:

(1)       First day of arrival shall be free.

(2)       Every day, or a fraction of a day, thereafter shall be charged according to the prevailing fees for the size of boat, plus other applicable charges, prorated.

 

(b)       Maximum Stay Permitted. A visiting vessel may stay only as long as permitted by the Secretary, and subject to the availability of mooring or berthing spaces.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-215 Delinquency

 

(a)       The due date for berthing slip lease and/or mooring payment shall be no later than the 10th day of each month (e.g., January lease payment is due by January 10).

 

(b)       All delinquent payments made after the 10th day of each month, shall be charged a 10% late fee for each month that payment is not made.

 

(c)       Failure to pay berthing or mooring fees for a period of 30 days after the date that those fees are due, shall constitute delinquency, and shall be grounds for cancellation of the lease or permit pursuant to § 85-30.3-701.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-220 Passenger Departure Fees

 

A passenger departure fee of $4.00 will be charged to every passenger boarding on a vessel carrying passengers for hire, regardless of water activity or destination. Boat owners will be billed each month and the billing shall be paid to the Department within fifteen days from the date of the billing.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the words “passenger departure fee” pursuant to 1 CMC § 3806(f). The Commission struck the figure “15” pursuant to 1 CMC § 3806(e).

 

Part 300 -       Typhoons and Tropical Storms

 

§ 85-30.3-301 Storm Conditions Defined

 

Storm conditions means the government has declared that Saipan is currently in tropical storm condition 2 or 1 or typhoon condition 2 or 1.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-305 Typhoon Contingency Plan

 

All references to storm or typhoon preparation shall be in accordance with the current year’s typhoon contingency plan. The plan specifies where each vessel will be berthed or moored in the event of a storm. The plan may be amended by the Secretary as necessary to accurately reflect the assigned berthing and mooring locations of all vessels during storm conditions.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-310 Temporary Lifting of Exclusions during Storm Conditions

 

In the event of storm conditions, vessels excluded from Outer Cove Marina under §§ 85-30.3-105(a) through 85-30.3-105(f) may enter and moor in Outer Cove Marina provided that they have applied for and received an approved non-tenant storm condition permit from the marina office, in accordance with §§ 85-30.3-330 and 85-30.3-335. The permit will specify where the non-tenant vessel may berth or moor in the marina area during storm conditions, according to the typhoon contingency plan. All vessels registered in the typhoon contingency plan but which do not hold a valid lease issued pursuant to § 85-30.3-101 are required to leave within forty-eight hours after the return to condition 3 or the giving of the all clear signal.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-315 Emergency Moorings

 

In the event of storm conditions, any vessel permitted in Outer Cove may moor across the channel of the waterway if the following conditions are observed and the vessel does not obstruct other permitted vessels according to the typhoon contingency plan:

 

(a)       The vessel operator must follow the directions of the Secretary or his designee.

 

(b)       The vessel must be moored in a manner that will not jeopardize the safety of adjacent vessels in a storm.

 

(c)       All floats, gangways, and other floating obstacles other than vessels must be removed entirely from the water and secured on high ground.

 

(d)       All loose objects on the vessel shall be either removed or sufficiently tied down to withstand typhoon strength winds.

 

(e)       Mooring lines must use chafing protection on the vessel and at the end where they are fastened to trees, posts, or other objects out of the water.

 

(f)        Vessels entering the Outer Cove Marina specifically for storm protection, which are not registered according to the typhoon contingency plan, shall be placed in available locations on a first-come, first-served basis by the Secretary or his designee.

 

(g)       Mooring lines must be removed from crossing the channel and all other locations that impede the movement or navigation of vessels in the waterways within twelve hours of the announcement of the all clear signal.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-320 Unattended Vessels during Storm Conditions

 

Any vessel with a berthing lease that is within Outer Cove Marina during storm conditions and is not attended to by a person or persons who adequately secure the vessel for typhoon strength winds shall have its lease or permit terminated. It is the obligation of every boat owner to adequately secure his vessel so that it does not present a hazard to other vessels in the marina.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-325 Secretary’s Authority

 

The Secretary is empowered to regulate all vessel movement and placement within Outer Cove Marina, its boundaries and shore areas prior to or during storm conditions. The Secretary or his/her designee shall:

 

(a)       Announce when the marina is officially closed to vessel movement into or out of it when condition 2 is aired by weather broadcast, via, VHF marine band radio on channel 16 as notice to mariners. This broadcast will be transmitted at ten minute intervals for one hour.

 

(b)       Advise owners of trailerable vessels to remove them from the marina before storm condition 2 or typhoon condition 2.

 

(c)       Monitor the placement of non-tenant vessels according to size and berth space. Nontenant vessels are accorded refuge at Outer Cove Marina pursuant to compliance with §§ 85-30.3-330 and 85-30.3-335.

 

(d)       Ensure that no vessels moor or anchor in the marina channel.

 

(e)       Penalize and assess fines pursuant to CNMI laws for violations of this section.

 

(f)        [Reserved.]

 

(g)       [Reserved.]

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-330 Non-tenant Storm Condition Permit Procedures

 

An owner of any vessel that is not a tenant at Outer Cove Marina who wishes to berth or moor within its premises during storms or typhoons must apply for a non-tenant storm condition permit in accordance with §§ 85-30.3-330(a) through 85-30.3-330(d) below:

 

(a)       Complete an application and submit it to the marina office during the open application period, held each year between January 1 and March 31;

 

(b)       Produce evidence of current, adequate, and applicable insurance coverage along with the application;

 

(c)       Pay the required annual fee if the application is approved; and

 

(d)       Have a current vessel inspection report and certificate of number, as applicable.

 

(e)       Any application submitted that cannot show evidence required by §§ 85-30.3-330(a) through 85-30.3-330(d) above will be denied.

 

(f)        No non-tenant vessel has the right to infringe upon the safety and welfare of the tenants of Outer Cove Marina.

 

(g)       All applications are subject to availability of berthing slips or mooring spaces at the marina.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the words “non-tenant storm condition permit” pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “adequate” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 85-30.3-335 Non-Tenant Storm Condition Permit Fees

 

The fees to be charged for the privilege to berth, moor, or anchor within Outer Cove Marina premises during storm conditions are assessed on an annual basis, are due and payable when the application is received and approved, and are not refundable. Fees are charged as follows:

 

(a)       Vessels under 20 feet in length: Not permitted

 

(b)       Vessels 20 feet to 30 feet in length: $50.00

 

(c)       Vessels 31 feet to 40 feet in length: $55.00

 

(d)       Vessels 41 feet to 50 feet in length: $60.00

 

(e)       Vessels over 51 feet in length: $65.00

 

(f)        Vessels at anchor: $30.00.

 

History: Amdts Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Amdts Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Amdts Proposed 58 Com. Reg. 20399 (July 15, 2003).

Commission Comment: The Commission changed 51 over feet to over 51 feet in subsection (e) to correct a manifest error. The 2006 amendments changed subsection (e).*

 

* So in original. See Commission Comment.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission inserted a comma after the word “moor” pursuant to 1 CMC § 3806(g).

 

The original regulation included a History and Commission Comment section that does not reflect the actual history or Commission comments to this section.

 

Part 400 -       Use of Outer Cove Marina

 

§ 85-30.1-401 General Statement and Restrictions on Mooring Dormant Vessels

 

(a)       It is the policy of the Department that the moorings and berthing in the Saipan small boat harbor be used for the purposes of accommodating vessels used for commercial boating activities involving transportation of passenger on water to and from the other islands in the CNMI, or for commercial fishing. Therefore, occupancy of berths and mooring areas at the small boat harbor shall be limited to vessels actively utilized as a means of transportation on water.

 

(b)       The use permit relating to any dormant vessel shall be revoked, unless the owner presents valid evidence that the vessel is temporarily dormant due to circumstances beyond the owner’s control.

 

(c)       The owner shall remove the dormant vessel from the harbor upon revocation of the use permit. The Department reserves the right to restrict the use of the premises property or facilities to those who observe these rules and make full and timely payment of their fees and charges.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the word “premises” in subsection (c) pursuant to 1 CMC § 3806(f).

 

§ 85-30.3-405 Insurance

 

(a)       All boat owners are required to procure third party liability insurance coverage for their boats, in the event owner’s vessel caused damages to other vessel or the improvement of the premises during storm and during their normal activities. A copy of the insurance policy must be provided to the Department.

 

(b)       The owner shall ensure that the policy is maintained; failure to keep the policy active shall result in termination of the lease permit and the owner will be required to remove the uninsured boat from the premises.

(c)       The Commonwealth shall not be liable for any damages resulting from the use of the premises or during storm conditions.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the word “premises” in subsection (a) pursuant to 1 CMC § 3806(f).

 

Part 500

 

[Reserved.]

 

Part 600 -       Special Events

 

§ 85-30.3-601 Special Events Defined

 

Special events include use of the Outer Cove Marina facilities for events including, but not limited to, fishing derbies and holiday celebrations, hosted by a person, a company, a non-profit organization, or a government agency. Marina facilities include, but are not limited to, berthing docks, launching ramp, trash bins, weigh station, convenience dock, parking area, water facilities, and channel access.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-605 Permit Required

 

(a)       Sponsors of special events are required to apply for a permit from the Secretary for the special event. Application must be made in writing, on a form supplied by the Department. A non-refundable fee of $50.00 will be charged for the use of the marina facilities for the special event. No special event may be held in Outer Cove Marina without a permit approved by the Secretary and full payment of the special event fee.

 

(b)       The Secretary may require a security deposit of $250 as a condition of the special event permit.

 

(c)       The Secretary may require the event sponsor to obtain and provide evidence of event insurance coverage.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Part 700 -       Leases and Permits

 

§ 85-30.3-701 Cancellation

 

(a)       The Secretary may cancel and terminate any lease or permit upon five days written notice to the lessee or permittee for failure to comply with:

(1)       Any provision of the lease or permit, including without limitation, nonpayment of lease rent or permit fees;

(2)       The Outer Cove Marina rules and regulations in this subchapter; or

(3)       The Boating Safety rules and regulations [NMIAC, title 150, chapter 20].

 

(b)       In addition, if there is any change of circumstances that causes a vessel to come within §§ 85-30.3-105 or 85-30.3-110, the lease or permit may be canceled upon twenty-four hours’ notice.

 

(c)       Notice shall be deemed served within twenty-four hours of the time said notice is deposited in the United States Postal Service, if mailed by first-class mail, postage prepaid, to the lessees or permittee’s address as designated on the lease or permit. In the case of personal service, notice shall be effective upon such service.

 

(d)       The notice shall specify the applicable provision of the lease or permit, Marina Regulations in this subchapter or Boating Safety Regulations [NMIAC, title 150, chapter 20] with which the lessee or permittee has failed or refused to comply, the date and time on or before which the slip must be vacated, and the cancellation date.

 

(e)       The lessee or permittee shall be liable for all berthing or mooring fees that accrue prior to the date of cancellation.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-705 Impoundment of Vessel upon Cancellation of Lease or Permit

 

(a)       If the lessee or permittee fails or refuses to remove his or her vessel from a slip on or before the date of cancellation of the lease or permit, the Secretary or his designee shall impound or remove the vessel at the lessee or permittee’s risk and expense.

 

(b)       Impoundment shall consist of chaining the vessel to the dock and placing a dated sign upon the vessel explaining the reasons for impoundment.

 

(c)       The Secretary or his designee may also remove the vessel from the slip or mooring and retake possession of the slip or mooring.

 

(d)       Neither the Department nor the Commonwealth government nor any of its officers or employees shall be liable for any such actions and all lessees and permittees waive all claims for damage to persons and property sustained by a vessel resulting from its movement pursuant to this provision.

 

(e)       The lessee or permittee shall reimburse the Department for costs incurred in moving and storing the vessel. In addition to costs, the lessee or permittee shall also be subject to the fines for impoundment and removal as set forth in § 85-30.3-1101.

 

(f)        A vessel that is not removed by the cancellation date shall be deemed to be an illegally berth* vessel and shall be subject to fines set forth in § 85-30.3-1101.

 

* So in original.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-710 Reconsideration of Evicted Lessees or Permittees

 

(a)       A lessee or permittee evicted from the marina under part 700 of this subchapter who would like reconsideration of his or her eviction from Outer Cove Marina must make a new application. The Secretary will consider the new application if all delinquent berthing fees and fines are paid, and any other violations or lease or permit provisions are cured.

 

(b)       The Department may require an advanced deposit of six months’ rental fees for any such new application, which shall be distinct from the required security deposit under § 85-30.3-125.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the spelling of “months’” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 85-30.3-715 Reassignment of Slips

 

(a)       The Secretary shall have the right to temporarily or permanently reassign berthing slip spaces and to move or cause to be moved any vessel so reassigned. A lessee or permittee, by applying for and accepting the use of a slip, shall be deemed to have consented to the reassignment and movement of the vessel to another slip:

(1)       For the proper operation, maintenance and repair of Outer Cove Marina;

(2)       For the convenience of the Commonwealth;

(3)       For a special event; or

(4)       In case of an emergency.

 

(b)       The lessee or permittee further consents to the movement of the vessel by the Secretary if, after notice to move the vessel is given by the Secretary, the lessee or permittee fails to comply with any such notice. The lessee or permittee shall reimburse the Department for costs incurred in moving the vessel.

 

(c)       Neither the Department nor the Commonwealth government nor any of its officers or employees shall be liable for such action and all lessees and permittees waive all claims for damage to persons and property sustained by a vessel resulting from its movement pursuant to this provision.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the commas at the end of subsections (a)(1) through (a)(3) to semicolons pursuant to 1 CMC § 3806(g).

 

§ 85-30.3-720 Non-Transferability of Lease

 

A lessee or permittee shall not give, sell, sublease, assign, or transfer, or attempt to give, sell, sublease, assign or transfer, whether voluntarily or involuntarily, the use of a designated slip, the lease or permit therefore, or any interest therein. No agreement, whether oral or in writing, between the lessee or permittee and any other person, firm, or entity may be made in connection with:

 

(a)       The use of a designated slip by a person other than the lessee or permittee,

 

(b)       The use of a designated slip by a vessel other than one owned by the lessee or permittee,

 

(c)       The transfer of ownership of or an interest in a vessel, or

 

(d)       A transfer of an interest in a corporation or partnership (general or limited) or joint venture owning a vessel, by which agreement lessee or permittee attempts to give, sell, sublease, assign, or to otherwise transfer the lease or permit and interest therein, or the right to use the designated slip, shall make the lease void and shall constitute grounds for the cancellation of the lease.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-725 Sale of Vessel

 

(a)       A lessee or permittee may retain his or her designated slip for a period of thirty days after transferring title to or agreeing to sell his or her vessel provided:

(1)       The lessee or permittee shall notify the Secretary in writing of the sale of the vessel and his or her intent to acquire another vessel of appropriate length for the occupancy of the slip within five days of the date the agreement for the sale of the vessel is entered into, and

(2)       The lessee or permittee shall pay slip fees equal to the amount specified in the lease or permit for the vessel sold pending the acquisition of another vessel.

 

(b)       An extension of an additional period may be granted at the discretion of the Secretary upon presentation of proof of a contract to purchase or construct another vessel.

 

(c)       If the lessee or permittee does not acquire and accept delivery of another vessel of appropriate length for the assigned slip within the thirty day period or any extension thereof; the lease or permit shall be canceled. The lessee or permittee shall remain liable for all fees accruing prior to cancellation.

 

(d)       A lessee or permittee shall notify the Secretary in writing within five days of any change of ownership in his or her vessel resulting from a gift, sale, lease, withdrawal, addition or substitution of partners, the sale or transfer of stock in a closely held corporate ownership of the vessel or a change of officers or directors of a closely held corporation owning the vessel. If a lessee or permittee fails or refuses to notify the Secretary within five days from the date of any such change, such failure or refusal shall constitute grounds for cancellation of the lease or permit.

 

§ 85-30.3-730 Partnerships and Corporations

 

(a)       No lease will be issued in the name of a partnership, corporation, joint venture, or other legal entity.

 

(b)       A lease or permit for a vessel which is registered or documented by a partnership, corporation, joint venture, or other legal entity will be issued only to a natural person whose name appears on the Outer Cove Marina waiting list and whose interest in the vessel is equal to or greater than that of each of the other partners, stockholders, members, or associates.

 

(c)       An application for a berthing lease for a vessel owned by a partnership, corporation, joint venture, or other legal entity shall submit to the Secretary a fully executed marine bureau statement of ownership.

 

(d)       If a lessee or permittee fails or refuses to notify the Secretary of a change to any of the information contained in the marine bureau statement of ownership within five days from the date of any such change, such failure or refusal shall constitute grounds for cancellation of the lease or permit.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission inserted commas after the words “venture” in subsections (a) and (c) and “members” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 85-30.3-735 Absence from Slips or Moorings

 

(a)       In the event of an absence from a slip or mooring of more than seven days, the Secretary shall be notified of the intended length of absence so that the slip may be made available to other vessels under a temporary permit.

 

(b)       In the event that the planned absence is greater than ninety days, then a leave of absence must be requested from the Secretary. The Secretary may grant a leave of absence for a reasonable period. If the period is deemed to not be reasonable, then the lease or permit shall be canceled.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-740 Temporary Slip or Mooring Permit

 

The Secretary may issue temporary permits to occupy and use an assigned but vacant slip or mooring or unassigned slips or moorings upon such terms and conditions as may be required for the efficient operation of Outer Cove Marina.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-745 Waiver of Liability

 

Neither the Commonwealth of the Northern Mariana Islands government nor any of its officers or employees shall be liable to a lessee or permittee and their guests for any damages to persons or property within Outer Cove Marina.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Part 800 -       General Regulations

 

§ 85-30.3-801 Application

 

The regulations in this part shall control the conduct of all lessees and permittees of Outer Cove Marina and shall be incorporated as a part of any berthing lease or temporary slip permit. The regulations in this part may be changed from time to time and shall apply prospectively as changed or amended to all existing lessees and permittees.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-802 Commercial Use of Slips

 

The slip or dock structure within the Premises may be used for commercial purposes if it can be demonstrated that, if appropriate terms, conditions, and limitations are placed upon such conduct, it can be undertaken without risk to safe navigation, without endangering the public health, safety, or welfare (with due regard to other lessees of slips), and in a manner that will promote public convenience and necessity. Noncommercial vessel* may lease slips in accordance with the lease agreement.

 

* So in original.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the words “lease agreement” pursuant to 1 CMC § 3806(f).

 

§ 85-30.3-804 Storage on Docks

 

Nothing shall be stored on the dock by any lessee or permittee. Each lessee or permittee is responsible for keeping the adjacent dock area clean and free of litter. A lessee or permittee shall not place items on the dock except for short periods of time (not more than thirty minutes); and at such times shall place the items in such a manner so as to not obstruct free passage along the dock.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-806 Fenders on Dock

 

No lessee or permittee shall install fender material, dock wheels, or carpet on the docks without the express permission of the Secretary. Upon installation, title to said fender or dock wheels shall be vested in the Commonwealth.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-808 Movement of Vessels in Marina

 

Movement of vessels within Outer Cove Marina shall only be for the purposes of entering or leaving a slip or mooring.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-810 Speed within the Marina

 

(a)       Basic Speed Law: No vessel shall be operated at such a speed in the Outer Cove Marina and its channel that a wake is created that will disturb other vessels docked or moored or cause destruction of the shoreline. This shall apply to all vessels for the full length of the channel. The speed limit is five miles per hour.

 

(b)       Vessels Engaged in the Commercial Carriage of Passengers. Heavy displacement vessels, such as those which carry passengers to Managaha or Tinian Island or those greater than twenty tons, are particularly prone to causing destructive wakes at slow speeds. Operators of these vessels shall maintain their speeds at less than 5 mph while traveling at the entrance and within the premises.

 

(c)       All Other Vessels: All vessels not specified in § 85-30.3-810(b) shall observe a 5 mph speed limit within Outer Cove Marina for the full length of the channel.

 

(d)       Complaints: Lessees and permittees are encouraged to report incidents of vessels traveling in excess of the speed limits.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the word “premises” in subsection (b) pursuant to 1 CMC § 3806(f).

 

§ 85-30.3-812 Toilet Usage

 

Toilets or marine heads shall not be used aboard a vessel in Outer Cove Marina.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-814 Mooring of a Vessel

 

A lessee or permittee shall, at all times, ensure that his or her vessel is safely moored with lines adequate for the weather conditions.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-816 Maintenance Work on Vessel

 

(a)       Major repair or reconstruction work (such as overhaul of engines and fiber glassing of boats) shall not be performed in or at any slip or mooring areas.

 

(b)       No repair or other work on a vessel shall be performed before sunrise or after sunset, except in the case of emergency repairs to keep a vessel afloat. The Secretary may provide written authorization to have a vessel repaired after sunset in the marina if the repairs require a longer period of time provided that the repairs do not infringe upon the safety and welfare of the tenants of Outer Cove Marina. Such authorization must state a start and ending time and date for the repairs.

 

(c)       Tools and equipment must not be placed on the dock in a manner that will obstruct free passage along the dock. The dock area must be kept in a neat, clean, and orderly condition.

 

(d)       No material of any type resulting from maintenance work, such as solvents, paints, sandpaper, and other non-biodegradable materials shall be allowed to enter the water of Outer Cove Marina.

 

(e)       Spray painting, welding, burning, and other hazardous activities are strictly prohibited in the marina.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-818 Garbage and Littering

 

(a)       A lessee, permittee, or other user of the premises may not have or keep on a vessel or on the adjacent dock any garbage or decaying matter. Trash bins are provided at the Outer Cove Marina parking area for proper disposal of trash and other disposable materials.

 

(b)       A lessee, permittee, or other user of the premises may not throw, place, leave, deposit, or abandon, or cause to be thrown, placed, deposited, or abandoned, any litter within the Outer Cove Marina and the adjacent areas of American Memorial Park except in receptacles designated by the Department for the disposal of such materials. A lessee or permittee shall place only that garbage or litter within such receptacles as is generated during and results from a vessels voyage.

 

(c)       A lessee, permittee, or other user of the premises may not place, throw, deposit, or discharge, or cause to be placed, thrown, deposited, or discharged into the waters of Outer Cove Marina any litter, sewage, garbage, gaseous liquid or solid materials.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the word “premises” in subsections (a), (b), and (c) pursuant to 1 CMC § 3806(f).

 

§ 85-30.3-820 Fire Safety

 

(a)       Basic Rule: A lessee or permittee may not use or permit his or her vessel to be used or maintained in a manner that creates or constitutes a potential fire hazard.

 

(b)       Fire Extinguishing Equipment: A vessel berthed in the Outer Cove Marina must have at least two operable hand portable fire extinguishers containing ten pounds of dry chemicals.

 

(c)       Fueling: Vessels may not be fueled within Outer Cove Marina.

 

(d)       LPG: A vessel equipped with liquid propane gas for cooking must also be equipped with a solenoid or a warning indicator for detecting LPG leaks.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-822 Dumping of Hazardous Substances

 

(a)       A lessee or permittee may not dump, discharge or pump oil, spirits, gasoline, diesel, distillate, any petroleum product, any other flammable materials, detergent, cleaning solutions, or any substance that violates CNMI Water Quality Standards [NMIAC, title 65, chapter 130] into the waters of Outer Cove Marina, upon any of the docks, or on any land adjacent to the marina.

 

(b)       Combustible materials must be stored in receptacles specially marked for combustibles and petroleum products. In the absence of such a receptacle, a lessee or permittee shall remove the substances for disposal at a site other than the marina or American Memorial Park.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission inserted a comma after the word “solutions” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 85-30.3-824 Swimming

 

A person may not swim in the Outer Cove Marina, except as necessary to moor or anchor a vessel, clear a fouled propeller, assist a vessel in clearing another vessel’s mooring lines, or remove a vessel that is grounded.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-826 Fishing

 

Fishing in Outer Cove Marina is strictly prohibited. The prohibition includes fishing from any docks of the marina and adjacent locations and shoreline, and fishing from the banks within Outer Cove Marina.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-828 Visitors

 

Visitors, unless accompanied by a lessee or permittee, or designated by the lessee or permittee in writing, shall not be permitted on the docks after sunset.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-830 Small Children on Docks

 

Children under ten years of age are not permitted on the docks without the immediate presence of their parents or other responsible adults.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-832 Obstructions Placed in Water

 

No float, pier, dock, pile, ramp, or other obstruction may be placed in the Outer Cove Marina without the prior authorization of the Secretary.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The Commission inserted a comma after the word “ramp” pursuant to 1 CMC § 3806(g).

 

§ 85-30.3-834 Signs

 

(a)       No lessee or permittee shall place, erect, or maintain any sign, display, or notice on any property, structure, or improvement within the Outer Cove Marina, without the prior written authorization of the Secretary.

 

(b)       A lessee or permittee may place one sign on the exterior of a vessel advertising the sale or offering for sale of said vessel; provided however, the size of any such sign shall not exceed nine inches by twelve inches and the lettering thereon shall not exceed four inches in height. Such a sign shall be displayed on the vessel for seven consecutive calendar days that is written on the authorization.

 

(c)       Application for another week to post a sign shall be made again to the Secretary.

 

(d)       The Secretary may require the removal of any nonconforming or unauthorized sign, display, or notice. In the event that a lessee or permittee refuses to remove it, such shall constitute grounds for cancellation of the lease or permit.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: ,The Commission inserted commas after the words “erect” and “display” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 85-30.3-836 Maintenance of Marina

 

A lessee or permittee shall immediately notify the Secretary of the need for repairs to the docks or any dangerous conditions in the marina requiring attention.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-838 Alteration of Docks

 

A lessee or permittee shall not alter any dock in any way without the prior written consent of the Secretary.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-840 Nuisance

 

No lessee or permittee may use his or her vessel in such a manner or maintain it in such a condition that its presence in the marina is a nuisance. A nuisance is defined as when the health or safety of others is threatened or their quiet and peaceful use of the marina is interfered with.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-842 Guests Aboard at Night

 

A lessee or permittee shall not have more than five guests aboard his or her vessel while at its berthing space between the hours of 8:00 p.m. and 4:00 a.m. The exception to this rule shall be when a vessel is departing or arriving at its berth space. In such an event, any guests may remain only as long as engaged in performing any acts necessary for the departure or arrival, such as the loading and unloading of the vessel.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-844 Noise

 

A lessee or permittee may not create, or allow to be created by any person, animal, machinery, hardware, sound system, radio, television, or any form of device, any sound which may be considered offensive or a nuisance to any other users of the marina, taking into consideration the circumstances of the time, place, and nature of the sound.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Part 900

 

[Reserved.]

 

Part 1000 -     Enforcement

 

§ 85-30.3-1001           Effect of Regulations on Lease and Permits

 

(a)       The rules and regulations in this subchapter, as stated herein, and as they may be amended from time to time, are express conditions of every lease and permit.

 

(b)       A violation of the rules and regulations in this subchapter may result in the cancellation of a lease or permit and/or the imposition of a fine by the Secretary.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-1005           Enforcement of Regulations

 

(a)       The rules and regulations in this subchapter may be enforced against persons who are not lessees or permittees by an action for specific performance and/or damages.

 

(b)       The Secretary of Lands & Natural Resources shall enforce the regulations and may designate marina enforcement personnel enforce the regulations in this subchapter.

 

(c)       The Director of Fish and Wildlife shall instruct and train designated marina enforcement personnel in the proper procedures for the issuance of citations and/or notices pursuant to the regulations in this subchapter.

 

(d)       Marina enforcement personnel must wear uniforms identifying them as enforcement and must carry identification cards in the performance of their duty.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Commission Comment: The original regulation designated the paragraphs as “(a),” “(b),” “(d),” and “(e).” The Commission re-designated them pursuant to 1 CMC § 3806(a).

 

§ 85-30.3-1010           Discretion of the Secretary in Removing Applicants from Waiting List

 

The Secretary may remove an applicant for a berth lease from the waiting list for failure to comply with the regulations in this subchapter or to obey the directives of the Secretary. No application will be accepted if that person has an unpaid debt to Outer Cove Marina for prior usage of the facility. Upon complete payment of all debts in arrears, the Secretary may consider including the applicant on the waiting list.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

§ 85-30.3-1015           Nature of Lease and Permit

 

No person has a right to a lease or a permit or the use of the government docks or the Outer Cove Marina. Upon execution of a lease agreement or a permit, a holder obtains certain rights to the extent provided in the agreement.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Part 1100 -     Fines

 

§ 85-30.3-1101           Fines

 

Assessment of fines for violation of the Outer Cove Marina Rules and Regulations in this subchapter is as follows:

 

(a)       Illegally berthed vessel: $4.00 per linear foot per day.

 

(b)       Impounded vessel:

(1)       $25.00 per week for vessels from 20 feet to 30 feet in length;

(2)       $50.00 per week for vessels from 31 feet to 45 feet in length; and

(3)       $75.00 per week for vessels over 45 feet in length.

 

(c)       Trailer removal: $25.00 per trailer.

 

(d)       Vessel removal:

(1)       $50.00 per vessel from 20 feet to 30 feet in length.

(2)       $100.00 per vessel from 31 feet to 45 feet in length.

(3)       $250.00 per vessel over 45 feet in length.

 

(e)       Illegal parking: $25.00 per day.

 

(f)        Unauthorized signs: $10.00 per sign after warning to remove it.

 

(g)       Unauthorized persons on dock: $10.00 per person after warning to leave.

 

(h)       Articles and equipment on dock: $50.00 per occurrence after warning to remove it.

 

(i)        Dumping of hazardous substances: $500.00 per occurrence.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).

 

Part 1200 -     Miscellaneous Provisions

 

§ 85-30.3-1201           Severability

 

If any section or portion of a section herein is invalid, it shall be deleted from this subchapter and shall not invalidate the remaining sections of the regulations.

 

History: Adopted 35 Com. Reg. 34266 (Sept. 28, 2013); Proposed 35 Com. Reg. 34038 (July 28, 2013).


 

SUBCHAPTER 30.4

MARIANA CROW CONSERVATION AREA

 


Part 001          General Provisions

§ 85-30.4-001 Authority and Purpose

§ 85-30.4-005 Application and Scope

§ 85-30.4-010 Definitions

 

Part 100          Prohibitions

§ 85-30.4-101 Prohibited Conduct

 

Part 200          Special Hunting Season

§ 85-30.4-201 Special Hunting Season

§ 85-30.4-205 Hours

§ 85-30.4-210 License; Tag; Certificate of Origin; Report Card

§ 85-30.4-215 Inspection

§ 85-30.4-220 Prohibited Activities

 

Part 300          Penalties

§ 85-30.4-301 Penalties

 

Part 400          Miscellaneous Provisions

§ 85-30.1-401 Severability


 

Subchapter Authority: 1 CMC §§ 2653, 2654; 5 CMC §§ 5104, 5108.

 

Subchapter History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

Commission Comment: PL 1-8, tit. 1, ch. 13 (effective Aug. 10, 1978), formerly codified at 1 CMC §§ 2651, et seq., originally created a Department of Natural Resources within the Commonwealth government.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 104:

 

Section 104. Department of Lands and Natural Resources.

 

The Department of Natural Resources is re-designated the Department of Lands and Natural Resources.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

In 1997, the Legislature passed the “Public Lands and Natural Resources Administration Act of 1997,” PL 10-57 (effective Apr. 18, 1997), codified as amended at 1 CMC §§ 2651, et seq. PL 10-57 repealed and reenacted chapter 13, division 2 of title 1 of the Commonwealth Code, 1 CMC §§ 2651, et seq., and statutorily established the Department of Lands and Natural Resources (DLNR) with the structure, duties and responsibilities set forth in the act. See 1 CMC § 2651 and the commission comment thereto. 1 CMC § 2654 authorizes the Department of Lands and Natural Resources to adopt rules and regulations in furtherance of its duties and responsibilities.

 

5 CMC § 5104 gives the Department of Lands and Natural Resources the authority to protect fish, game, and endangered species. 5 CMC § 5108 allows the Department to adopt regulations to protect endangered species.

 

Part 001 -       General Provisions

 

§ 85-30.3-001 Authority and Purpose

 

(a)       Authority. The regulations in this subchapter are promulgated under the authority of 1 CMC §§ 2653(b) and 2654 providing the Department of Lands and Natural Resources with the authority to adopt rules and regulations in furtherance of its powers and duties, including the duty to protect fish, game, and endangered species. Pursuant to 5 CMC §§ 5104 and 5108, the Department has the exclusive authority and duty to protect fish, game, and endangered and threatened species, and may promulgate regulations to ensure the survival of endangered and threatened species.

 

(b)       Purpose. The purpose of this subchapter is to establish regulations for the Mariana Crow Conservation Area (MCCA). The Mariana Crow (Corvus kubaryi) is designated as an endangered species under NMIAC § 85-30.1-101, and the MCCA was established as part of federal mitigation requirement. The regulations serve to insure appropriate use of the MCCA for the enjoyment and general welfare of the public while protecting the area in its natural state to serve as a refuge for native wildlife, with emphasis on the Mariana Crow.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the word “federal” in subsection (b) pursuant to 1 CMC § 3806(f). The Commission added a period at the end of subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 85-30.4-005 Application and Scope

 

(a)       Geographic Area. The regulations codified in this subchapter shall apply to MCCA located in As Motmos to Papyapai, Rota. The specific area is Lot No. 682 R 01, containing an area of 4,440,000 square meters as depicted in Exhibit A.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

Commission Comment: Exhibit A was not included in the original regulation.

 

§ 85-30.4-010 Definitions

 

(a)       Unless the context clearly indicates otherwise, the following definitions shall apply to the terms used in this subchapter:

(1)       “Department” means the Department of Lands and Natural Resources.

(2)       “Director” means the Director of Fish and Wildlife.

(3)       “Division” means the Division of Fish and Wildlife.

(4)       “MCCA” means the Mariana Crow Conservation Area.

(5)       “Secretary” means the Secretary of Lands and Natural Resources or his or her designee.

(6)       “Special hunting season” means the time period designated for hunting sambar deer within the MCCA as announced by the Secretary.

(7)       “Take” or “taking” means to capture, attempt to capture, harvest, kill, attempt to kill, hunt, trap, spear, collect, fish, pursue, harm, harass, remove, or in any manner disturb, or attempt to do the above activities.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

Commission Comment: The Commission inserted a period at the end of subsection (a)(2) pursuant to 1 CMC § 3806(g).

 

Part 100 -       Prohibitions

 

§ 85-30.4-101 Prohibited Conduct

 

(a)       A person may not take any variety of terrestrial wildlife, unless otherwise excepted through a permit issued under Part 200 of Subchapter 85-30.1.

 

(b)       A person may not take any variety of plant-life, unless otherwise excepted through a permit issued under Part 200 of Subchapter 85-30.1 or for use in traditional healing practices.

 

(c)       A person may not collect, remove, deface, or destroy any archaeological artifact or natural object.

 

(d)       A person may not create new trails within the MCCA.

(1)       This prohibition shall not apply to the staff of the Department, the Division, and the United States Fish and Wildlife Service, who may create trails for law enforcement and monitoring of wildlife and their habitat.

(2)       Existing trails in the MCCA shall remain open during the day (one-half hour before sunrise to one-half hour after sunset), but shall be closed at night.

 

(e)       A person may not create new roads within the MCCA.

 

(f)        A person may not operate motorized vehicles within the MCCA.

(1)       This prohibition shall not apply to the existing unpaved road to the Pictograph Cave.

 

(g)       A person may not remove or disturb soil, sand, or rock.

 

(h)       A person may not dump rubbish, waste material, or any other substance that would degrade or alter the quality of the environment.

 

(i)        A person may not ignite or maintain an open fire.

 

(j)        No dogs, cats, goats, pigs, cattle, or domestic animals of any kind are permitted within the boundary of the MCCA.

 

(k)       Agricultural activities, including grazing of livestock and cultivation and/or harvest of any natural or cultivated crop, are prohibited.

 

(l)        Camping and overnight use are prohibited.

 

(m)      Alcoholic beverages and illegal drugs are prohibited.

 

(n)       A person may not collect, remove, deface, or destroy any fence, poster, sign, or other structure.

 

(o)       A person may not engage in any form of nighttime activity in the MCCA.

 

(p)       A person shall not remove or disturb any artifacts and/or ancient sites within the MCCA.

(1)       The discovery of artifacts and/or ancient sites shall be immediately reported to the Commonwealth Historic Preservation Office.

(2)       Violations of this subsection may be subject to additional penalties as provided in federal and Commonwealth law.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

Commission Comment: The Commission inserted a comma after the word “cattle,” inserted the word “are,” and inserted a period at the end of subsection (j) pursuant to 1 CMC § 3806(g).

 

Part 200 -       Special Hunting Season

 

§ 85-30.4-201 Special Hunting Season

 

(a)       Hunting within the MCCA is not allowed unless otherwise opened by a Special Hunting Season established by the Secretary of DLNR.

 

(b)       To control the population of deer in the MCCA, the Secretary may announce a Special Hunting Season. The period of the Special Hunting Season shall be at a time when the Mariana Crows are not nesting.

(1)       The Secretary shall issue a press release announcing the dates of the Special Hunting Season and publicize the Special Hunting Season through other means as he or she determines is necessary.

(2)       A person may hunt sambar deer during the announced Special Hunting Season. A person may not hunt any other wildlife species during this Special Hunting Season.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

§ 85-30.4-205 Hours

 

(a)       Hunting hours. Legal hunting hours for deer shall be from one-half hour before sunrise to one-half hour after sunset, and only during the Special Hunting Season. Hunting at night is strictly prohibited.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

§ 85-30.4-210 License; Tag; Certificate of Origin; Report Card

 

(a)       Hunting license. A person must carry a valid CNMI hunting license while hunting. A person may take deer only if that person has been issued a hunting license authorizing the taking of deer. Hunting licenses may be obtained from the local office of the Division of Fish and Wildlife, or from an authorized agent.

(1)       Legal Hunting Age. The legal hunting age is sixteen years of age or older. Only persons who may legally possess firearms, bows, or crossbows may hunt game with firearms, bows, or crossbows. A valid gun registration number is required on the license of all hunters who intend to use firearms to take wildlife. Hunting licenses for persons under the age of eighteen years may be conditioned on successful completion of Department sponsored or sanctioned rifle or bow training programs.

(2)       License Limits. The Secretary may set a limit on the number of licenses that may be issued in any given Special Hunting Season and shall include such limit in the announcement for the Special Hunting Season.

 

(b)       Deer tag. Possession of an untagged or unregistered deer is prohibited. Every person issued a hunting license for the special season within the MCCA will also be issued a deer tag. If the hunter kills a deer, he or she must immediately (after gutting the deer) attach the tag to the carcass and bring it to the DFW designated check station and allow station staff to examine and take measurements of the deer.

 

(c)       Certificate of Origin. A person in possession of a deer or any part of a deer must have a valid CNMI hunting license or a certificate of origin. A certificate of origin is a letter or statement signed by the valid CNMI license holder who killed the animal and which is certified by the Director, Resident Director, or Enforcement Section Supervisor.

(1)       The certificate of origin must state:

(i)        Species and sex of animal;

(ii)       Date killed;

(iii)      Hunting license number and date issued;

(iv)      Person to whom given;

(v)       Animal part and amount given, and be attached to the animal or animal part where it can be readily seen by a conservation officer, the Secretary, the Director, or the Resident Director.

(2)       A hunter who takes a deer or any part of a deer to another CNMI island must obtain a certificate of origin from the check station staff, the Director, or the Resident Director, or the Enforcement Section Supervisor. The hunter must present the certificate of origin to custom or quarantine officials upon entering another CNMI island.

 

(d)       Hunter Report Cards. A person issued a hunting license will also be issued a hunter report card. Hunters must provide all information required on the report card. Completed hunter report cards must be turned in to the Division within ten days after the close of the special hunting season.

 

(e)       Bag Limit. The Secretary will set the bag limit at the time of announcement of a special hunting season. Failure to abide by the bag limit shall be subject to penalty.

 

(f)        Maximum number of hunters. The Secretary, in consultation with the DLNR Resident Director for Rota, may limit the number of hunters in the MCCA at any given time. The Secretary shall include the maximum number, if any, in the announcement for a special hunting season.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

Commission Comment: The Commission inserted commas after the words “bows” in subsection (a)(1) and “Director” in subsection (c) pursuant to 1 CMC § 3806(g). The Commission struck the word “for” from subsection (a)(1) pursuant to 1 CMC § 3806(g).

 

§ 85-30.4-215 Inspection

 

(a)       Upon request, a person engaged in hunting shall allow a DFW Conservation Officer or Conservation Trainee to inspect any wildlife taken by or under control of the person.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

§ 85-30.4-220 Prohibited Activities

 

(a)       The following conduct is prohibited:

(1)       Hunting while under the influence of alcohol or a narcotic or other disabling drug.

(2)       Taking wildlife while riding or on any motorized vehicle including automobiles, motorized bikes, motor powered boats, helicopters, or airplanes.

(3)       Taking or pursing wildlife while riding on an animal.

(4)       Using fire or artificial light as an aid in taking wildlife, except that artificial light may be used to hunt coconut and land crabs during the specified season.

(5)       Discharging a gun, bow and arrow, or cross bow in an attempt, to take a game animal within a village or within two hundred meters of a human dwelling. It is likewise illegal to discharge such weapons across a public road, within twenty-five meters of a road.

(6)       Using dogs to hunt.

(7)       Selling or bartering deer or deer products.

(8)       Possess any game animal, mounted specimen, antlers, skin, meat, or any part thereof without having a hunting license valid at the time of kill or a “certificate of origin” letter, as required under subsection (e).*

(9)       Hunting, killing, or possessing any threatened, endangered, or protected species, or any part thereof, without a valid scientific permit.

(10)     Hunting while on official CNMI government travel, unless specifically authorized in writing by the Secretary prior to travel.

(12)     Discharging any weapon within five hundred meters of a known, occupied bat roost. This will be enforced even in the event of a bat season being opened.

(13)     Hunting in closed areas.

 

* So in original.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

Commission Comment: The Commission inserted commas after the words “helicopters” in subsection (a)(2) and “meat” in subsection (a)(8) pursuant to 1 CMC § 3806(g).

 

Part 300 -       Penalties

 

§ 85-30.4-301 Penalties

 

A person who violates a provision set forth in this subchapter or a condition of a license or permit issued under this subchapter shall be subject to the applicable penalties set forth in 2 CMC § 5109.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 

Part 400 -       Miscellaneous Provisions

 

§ 85-30.4-401 Severability

 

If any section or portion of a section herein is invalid, it shall be deleted from this subchapter and shall not invalidate the remaining sections of the regulations.

 

History: Adopted 36 Com. Reg. 34845 (Mar. 28, 2014); Proposed 36 Com. Reg. 34650 (Jan. 28, 2014).

 


 

 

 

CHAPTER 85-40

DIVISION OF LAND REGISTRATION AND SURVEY

 

SUBCHAPTER 85-40.1

LAND COMMISSION REGULATIONS

 


Part 001 -       General Provisions

§ 85-40.1-001             Purpose and Authority

§ 85-40.1-005             Establishment

§ 85-40.1-010             Commission Functions

§ 85-40.1-015             Senior Land Commissioner

 

Part 100 -       Duties and Requirements

§ 85-40.1-101             Duties and Responsibility of Commissioner

§ 85-40.1-105             Commission Staff

§ 85-40.1-110             Surveys

§ 85-40.1-115             Land Registration Team; Appointment and Quorum

§ 85-40.1-120             Teams; No Conflict of Interest

§ 85-40.1-125             Registration Areas

§ 85-40.1-130             Area; Recording

§ 85-40.1-135             Area; Survey and Boundaries

§ 85-40.1-140             Team Duties

§ 85-40.1-145             Settlement of Disputed Claims

§ 85-40.1-150             Review of Record of Adjudication by Commissioner

§ 85-40.1-155             Notice of Hearing

§ 85-40.1-160             Authority to Administer Oaths, Take Testimony, Etc.

§ 85-40.1-165             Conduct of Hearings

§ 85-40.1-170             Hearings Involving Minors or Incompetents

§ 85-40.1-175             Notice of Determination of Ownership

§ 85-40.1-180             Review of Determination of Ownership

§ 85-40.1-185             Certificate of Title; Issuance

§ 85-40.1-190             Certificate of Title; Registration

§ 85-40.1-195             Files


 

Subchapter Authority: 1 CMC § 2681; 2 CMC §§ 4211-4252.

 

Subchapter History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: PL 1-8, tit. 1, ch. 13 (effective Aug. 10, 1978), formerly codified at 1 CMC §§ 2651, et seq., originally created a Department of Natural Resources within the Commonwealth government.

 

PL 3-79 (effective Oct. 1, 1983), the “Land Commission Act of 1983,” codified as amended at 2 CMC §§ 4211-4252, established a Land Commission as an independent agency of the Commonwealth government. See 2 CMC § 4212. PL 3-79 authorized the Land Commission, among other things, to survey and register all land within the Commonwealth and to issue and record certificates of title. 2 CMC §§ 4213 and 4222.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 104 and 306:

 

Section 104. Department of Lands and Natural Resources.

 

The Department of Natural Resources is re-designated the Department of Lands and Natural Resources.

Section 306. Department of Lands and Natural Resources

(b)          Land Commission. The Land Commission is abolished and its functions transferred to a Division of Land Registration in the Department of Lands and Natural Resources, which shall have at its head the Senior Land Commissioner who is re-designated as the Director of Land Registration and who shall report to and serve under the direction of the Secretary of Lands and Natural Resources. The Deputy Land Commissioners are re-designated as Deputy Directors of Land Registration.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

In 1997, the Legislature passed the “Public Lands and Natural Resources Administration Act of 1997,” PL 10-57 (effective Apr. 18, 1997), codified as amended at 1 CMC §§ 2651-2691. PL 10-57 repealed and reenacted chapter 13, division 2 of title 1 of the Commonwealth Code, 1 CMC §§ 2651, et seq., and statutorily established the Department of Lands and Natural Resources (DLNR) with the structure, duties and responsibilities set forth in the act. See 1 CMC § 2651 and the commission comment thereto. 1 CMC § 2654 authorizes the Department of Lands and Natural Resources to adopt rules and regulations in furtherance of its duties and responsibilities.

 

PL 10-57 § 4 vacated Executive Order 94-3 § 306. PL 10-57 § 3 created a Division of Land Registration within DLNR as the successor to the Land Commission and assigned the Division all powers and duties of the Land Commission. See 1 CMC § 2681.

 

The Land Commission was a separate entity pursuant to the law set forth above until 1994. However, in 1980, the Department of Natural Resources published a notice to inform the public that the Land Commission was administratively within the Department of Natural Resources. See 2 Com. Reg. 847 (July 9, 1980). The Division of Lands and Surveys and the Division of Land Registration were administratively consolidated by memorandum of the Secretary of the Department of Lands and Natural Resources dated June 23, 1995.

 

The Land Commission promulgated the regulations codified in this subchapter in 1991, prior to the issuance of Executive Order 94-3 and PL 10-57. It is unclear whether the regulations have any remaining practical effect. They have not, however, been specifically revoked or superseded.

 

Part 001 -       General Provisions

 

§ 85-40.1-001             Purpose and Authority

 

The regulations in this subchapter are intended to define the manner in which the Land Commission (hereafter the “Commission”) functions, under the powers set forth in PL 3-79, codified at 2 CMC § 4211 through 2 CMC § 4252, as amended.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: With respect to the reference to the Land Commission in this section, see PL 10-57 vacating Executive Order 94-3 § 306 and creating a Division of Land Registration within DLNR as the successor to the Land Commission. See also 1 CMC § 2681 and the general commission comment to this subchapter.

 

§ 85-40.1-005             Establishment

 

The Commission was established as an “independent agency” of the CNMI government pursuant to PL 3-79, § 2 [2 CMC § 4212].

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: With respect to the reference to the Land Commission in this section, see PL 10-57 vacating Executive Order 94-3 § 306 and creating a Division of Land Registration within DLNR as the successor to the Land Commission. See also 1 CMC § 2681 and the general commission comment to this subchapter.

 

§ 85-40.1-010             Commission Functions

 

The Commission’s statutory functions under the direction of the Senior Land Commissioner are to register all land in the CNMI and related matters, including the statutory priority of surveying those lands to which the Trust Territory government issued title determinations without surveys.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: With respect to the reference to the Land Commission in this section, see PL 10-57 vacating Executive Order 94-3 § 306 and creating a Division of Land Registration within DLNR as the successor to the Land Commission. See also 1 CMC § 2681 and the general commission comment to this subchapter.

 

§ 85-40.1-015             Senior Land Commissioner

 

The Governor appoints the Senior Land Commissioner, (hereafter “Commissioner”) with the advice and consent of the Senate, to serve at the pleasure of the Governor for a term of six years or until the Commission completes its work. Any vacancy caused by death, resignation, removal or otherwise shall be filled in the same manner abovementioned.

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Part 100 -       Duties and Requirements

 

§ 85-40.1-101             Duties and Responsibility of Commissioner

 

The Commissioner has the following responsibilities:

 

(a)       To make land surveys and plats in the CNMI in connection with the determination of land title;

 

(b)       To hold hearings on disputed land claims;

 

(c)       To issue certificates of title;

 

(d)       To record certificates of title of land with the Recorder.

 

(e)       To record all documents previously registered with the Recorder.

 

(f)        To issue and adopt rules and regulations implementing PL 3-79, with the assistance and approval of the Office of the Attorney General;

 

(g)       To supervise the operations, and personnel, of the Commission;

 

(h)       To perform all acts necessary and appropriate to carry out the purposes of PL 3-79 and the regulations in this subchapter.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

§ 85-40.1-105             Commission Staff

 

(a)       The Commissioner may appoint two Deputy Land Commissioners, and may delegate any duties and responsibilities to them.

 

(b)       Subject to budgetary appropriations, to staff the Commission with necessary and qualified personnel.

 

(c)       The staff of the Commission shall be subject to all applicable civil service and personnel rules of the CNMI, except where specifically exempted by law.

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

§ 85-40.1-110             Surveys

 

The Commissioner, or his designee, shall request the Division of Lands and Surveys to make available such surveying and other staff assistance as is necessary for the Commission to carry out its functions.

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: The Division of Lands and Surveys is now the Division of Land Registration and Survey and incorporates the Land Commission. See the general comment to this subchapter and to NMIAC, title 85, subchapter 40.2.

 

§ 85-40.1-115             Land Registration Team; Appointment and Quorum

 

The Commissioner shall appoint land registration teams (hereafter “teams”) as needed (subject to budget) and shall designate the geographic area or areas for which each team shall be responsible for registration. Members of the teams shall be hired on an as needed basis and not as classified civil service employees, unless the members were civil service employees prior to the effective date of PL 3-79, in which case such employees shall remain in the civil service system until they retire or voluntarily choose exempt status. The Commissioner may appoint any number of members for each team up to a maximum of four members, but the presence of three members shall constitute a quorum for the purpose of transacting business.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment:  The Commission corrected the placement of the quotation marks around the word “teams” pursuant to 1 CMC § 3806(g).

 

§ 85-40.1-120             Teams; No Conflict of Interest

 

After a claim has been recorded in the Commission by a team, no team member (hereafter “member”), who has any interest in the land claim or who is an immediate family member of anyone having such an interest, shall take any part in leaving or considering that claim. If there is doubt as to whether a member is disqualified from taking part as to the claim, the Commissioner shall have final authority to decide whether the member may participate.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

§ 85-40.1-125             Registration Areas

 

The Commissioner shall designate in writing, registration areas (hereafter “areas”) which, to the extent practicable, shall be registered expeditiously. When work in an area has been completed, except for disputed cases, or when work in any area cannot be completed in one year, and, in the Commissioner’s opinion the public interest would be served by moving to a new area or areas, the Commissioner may designate a new area or areas, until all of the CNMI in which the Commissioner believes it desirable to have, lands registered have been so designated.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: The Commission changed “once” to “one” to correct a manifest error.

 

§ 85-40.1-130             Area; Recording

 

A copy of the Commissioner’s designation of any registration shall be recorded with the Recorder within 30 days following designation.

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

§ 85-40.1-135             Area; Survey and Boundaries

 

(a)       Within 30 days following the Commissioner’s written designation of a registration area, the Commissioner shall request the Division of Lands and Surveys to survey the exterior bounds of the area and to make such surveys of plots or claims and place such markers within the area as the Commissioner requests.

 

(b)       After a determination is made by the Commissioner, the boundaries of the land covered by the determination shall be shown by either permanent markers set by the Division of Lands and Surveys at the Commissioner’s request, or by easily recognizable natural features.

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: The Division of Lands and Surveys is now the Division of Land Registration and Survey, and incorporates the Land Commission. See the general comment to this subchapter and to NMIAC, title 85, subchapter 40.2.

 

§ 85-40.1-140             Team Duties

 

Teams shall:

 

(a)       Institute preliminary inquiries regarding the title to all lands within the designated area for which the team is responsible, by personally speaking to all occupants and recorded owners with the Commonwealth Recorder (hereafter Recorder), if any, of such land to ascertain all claims thereto. The team shall make a written statement for each plot of land indicating the person(s) spoken to, the date(s) thereof, the contents of such talks and all other efforts made to ascertain all claims to each plot.

 

(b)       Record within the Commission well-founded claims for hearing.

 

(c)       Upon completion of recording (within the Commission) land claims for a designated registration area, proceed, after given notice of hearing, § 85-40.1-155 hereof, to hear the parties and witnesses and adjudicate such claims subject to the exceptions provided by law (2 CMC §§ 4211, et seq.).

 

(d)       Upon a decision being reached on any claim, record within the Commission the place name, if any, of the land, otherwise a brief description thereof, with the names of the rightful owners thereof and the type of ownership involved, and record the name of any person or group who holds either any subordinate rights (such as rights of administration or use or an encumbrance or easement upon such land).

 

(e)       Where the parties to any claim indicate their agreement to a settlement or compromise of a claim to land, in the presence of the team, the particulars required by subsection (d), above, shall be recorded within the Commission and have the same force and effect as a decision. The terms of such settlement shall be reduced to writing and signed by all parties and a representative of the team.

 

(f)        Upon completion of the actions set forth above, the Team shall submit its record concerning each claim to the Senior Land Commission for review. In all cases where a dispute has arisen, tape recordings or summaries of all pertinent testimony taken shall be made and shall be included in the team’s records.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

§ 85-40.1-145             Settlement of Disputed Claims

 

(a)       Each team shall endeavor to adjudicate the claims to as much land within the area for which it is responsible as is practicable within a year after that area has been designated. It shall endeavor to avoid becoming involved in such lengthy consideration of disputed claims as wil1seriously interfere with such adjudication.

 

(b)       If the team deems that consideration of a disputed claim will seriously interfere with accomplishment of the purpose of the regulations in this subchapter, it may refer the claim to the Commissioner without the team making any decision thereon.

 

(c)       If the Commissioner deems that one of the teams is spending an undesirable amount of time on a particular disputed claim, the Commissioner may withdraw that claim from consideration by the team.

 

(d)       In either of the situations set forth in subsections (b) and (c), above, the team shall submit to the Commissioner its record concerning the claim including the tape recordings or summaries of all pertinent testimony, if any, taken by the team. The Commissioner may then:

(1)       Proceed personally to hear the parties and witnesses and make a determination on the claim based on both the testimony, if any, taken by the team and that taken by the Commissioner or the Deputy Land Commissioner; or

(2)       Refer the claim to the Commonwealth Superior Court for adjudication without any determination by the Commission.

 

(e)       If a claim has been referred by the Commissioner to the Commonwealth Trial Court without any determination by the Commission, the Commonwealth Superior Court may, upon the petition of one or more claimants, entertain a quiet title or other appropriate action and enter its decision. After the time for appeal from the court’s decision has expired without any notice of appeal having been filed or after an appeal duly taken has been determined, the court shall certify its decision, and cause its decision to be recorded with the Commonwealth Recorder.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: The “Commonwealth Judicial Reorganization Act,” PL 6-25 (effective May 2, 1989), renamed the Commonwealth Trial Court and directed that references to the Commonwealth Trial Court in the Commonwealth Code be interpreted to refer to the new Commonwealth Superior Court. See 1 CMC § 3201 and the commission comment thereto.

 

§ 85-40.1-150             Review of Record of Adjudication by Commissioner

 

Upon receipt of an adjudication from a land registration team and the record on which it is based, the Commissioner shall review the record and:

 

(a)       If satisfied therewith, make a determination of ownership based thereon; or

 

(b)       Hold further hearings personally with the assistance of counsel from the office of the Attorney General and then make a determination of ownership based on the record and the further information obtained by the Commissioner.

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

§ 85-40.1-155             Notice of Hearing

 

(a)       Before commencement of a hearing with respect to any claim, notice containing a description of the claim and the date, time, and place of hearing shall be given at least 30 days in advance of the hearing as follows:

(1)       By posting such notice on the land involved; and

(2)       By serving such notice upon all parties shown by the preliminary inquiry to be interested either:

(i)        By service in the same manner as a civil summons, or

(ii)       By registered mail, postage prepaid, to the party’s last known address.

 

(b)(1)  Such notice of hearing and notice of determinations of ownership shall be served by any policeman without charge. During the period between the giving of notice of hearing and the hearing, any person or group claiming an interest in the land adverse to the claim as stated in the notice may file their claim with the Commissioner.

(2)       Notice of such adverse claims may also be given orally at the hearing, and a record thereof shall be made.

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: The original paragraphs of subsection (b) were not designated. The Commission designated subsections (b)(1) and (b)(2).

 

§ 85-40.1-160             Authority to Administer Oaths, Take Testimony, Etc.

 

The Commissioner and each of the teams shall have the authority to administer oaths to witnesses, take testimony under oath, and tape record testimony, subpoena witnesses, order the production of papers and documents, and punish for contempt committed in its presence. Punishment for contempt shall be limited to a fine of not more than $50, or imprisonment for a period of not more than 30 days, or both.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

§ 85-40.1-165             Conduct of Hearings

 

In conducting hearings, the Commissioner and each team shall be guided by the regulations in this subchapter (and the Rules of Civil Procedure, in the absence of a pertinent statute or regulation). The Commissioner and each team may consider any evidence that will be helpful in reaching a just decision. Neither the Commissioner nor a team, however, shall endeavor to redetermine any matter already decided between the same parties or those under whom the present parties claim by a court judgment or by a land title officer’s determination of ownership. The Commissioner and teams shall accept prior determinations as binding on the parties without further evidence than the judgment or determination of ownership. All hearings shall be public and every person claiming an interest in land under consideration shall be given an opportunity, by notice pursuant to § 85-40.1-155, above, to be heard. Hearings shall be held in the senatorial district in which the land involved lies. All parties, including any representative (appointed under § 85-40.1-170 hereof or by a court or other proper authority) of a minor or incompetent, may be represented and assisted by counsel.

 

Modified, 1 CMC § 3806(c), (d), (f), (g).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: The Commission corrected the spelling of “all.”

 

§ 85-40.1-170             Hearings Involving Minors or Incompetents

 

If the Commissioner or a team finds that any party in interest is a minor or incompetent, the Commissioner or team, as the case may be, shall appoint one person to act as guardian and represent such minor or incompetent, unless that party in interest is already represented by a person appointed by a court or other proper authority. A guardian appointed by the Commissioner or team shall have full authority and power to act for the minor or incompetent in all matters in connection with his or her interest in land; provided, that a guardian may not encumber or in any way alienate any land under his or her guardianship except by an order of the court.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

§ 85-40.1-175             Notice of Determination of Ownership

 

Notice of all determinations of ownership by the Commissioner shall be given promptly in the same manner as prescribed in § 85-40.1-155 above for notices of hearings.

 

Modified, 1 CMC § 3806(c).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

§ 85-40.1-180             Review of Determination of Ownership

 

Any person who has actual or constructive notice of the determination of ownership and who claims an interest in the property which is the subject of the determination of ownership and who disagrees with the determination of ownership may file for a review of the determination of ownership by filing a complaint in the Commonwealth Superior Court within 120 days from the date of the determination. The complaint shall be in the nature of a quiet title suit and shall set forth the description of the property, the determination of ownership, the portion or parts to be reviewed, and the basis of the plaintiff’s claim. The complaint shall name as defendants all those persons known to the plaintiff who claim an interest in the land. A determination of ownership shall be upheld if it is supported by substantial evidence found in the record taken as a whole including the record before the Commission and such additional evidence as shall be admitted before the Commonwealth Superior Court. The procedures of the Commonwealth Superior Court for processing and disposing of civil litigation shall apply along with rights of appeal from the Commonwealth Trial Court’s decision. Any person exercising the right to appeal under this section shall within 120 days of filing the complaint serve upon the land registration team attorney a written request for the transcript of the hearing along with the reasonable costs of transcribing the record.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: The “Commonwealth Judicial Reorganization Act,” PL 6-25 (effective May 2, 1989), renamed the Commonwealth Trial Court and directed that references to the Commonwealth Trial Court in the Commonwealth Code be interpreted to refer to the new Commonwealth Superior Court. See 1 CMC § 3201 and the commission comment thereto.

 

§ 85-40.1-185             Certificate of Title; Issuance

 

(a)       After the time for appeal from a determination of ownership by the Commissioner has expired without any complaint for review having been filed, the Commissioner shall issue a certificate of title setting forth the names of all persons or groups of persons holding interest in the land pursuant to the determination and shall cause the certificate of title to be recorded with the Commonwealth Recorder. The certificate of title shall be conclusive upon all persons who have had notice of the proceedings and all those claiming under them and shall be prima facie evidence of ownership as therein stated against the world; provided, that such ownership shall be subject to the following which should, but need not, be stated in the certificate;

(1)       Any rights of way there may be over the land in question;

(2)       Any lease or use right for a term not exceeding one year.

 

(b)       Any easements or other rights appurtenant to the land in question which are over unregistered land shall remain so appurtenant even if not mentioned in the certificate, and shall pass with the land until cut off or extinguished in some lawful manner independent of the determination covered by the certificate.

 

(c)       In case of an appeal from a determination of ownership to the Commonwealth Superior Court, the court shall certify its decision, and shall cause the same to be recorded with the Commonwealth Recorder. In such case the judgment shall be binding and conclusive in the same manner as any other judgment affecting land in the Commonwealth, and shall also be conclusive upon all parties to the Land Commission proceedings who had notice of the appeal.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

§ 85-40.1-190             Certificate of Title; Registration

 

The original certificate of title shall be bound in a permanent register. This register shall remain in the custody of and under the supervision of the Commissioner. All original maps, plats and subdivision maps registered with the Commission shall be the property of the Commonwealth and shall remain the custody of the Commissioner. A copy of the original certificate of title, and any maps shall be promptly provided to and recorded by the Commonwealth Recorder. A duplicate shall be issued, marked “owner’s duplicate certificate,” and delivered to the owner or his authorized representative.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: With respect to the reference to the Land Commission in this section, see PL 10-57 vacating Executive Order 94-3 § 306 and creating a Division of Land Registration within DLNR as the successor to the Land Commission. See also 1 CMC § 2681 and the general commission comment to this subchapter.

 

§ 85-40.1-195             Files

 

The Commission is the repository of all original documents of title and original survey maps. No private person or entity may remove any original document from Commission files. Reasonable fees for copying such documents may be assessed, as established by the Commissioner.

 

History: Adopted 13 Com. Reg. 8537 (Dec. 15, 1991); Proposed 13 Com. Reg. 8080 (Oct. 15, 1991).

 

Commission Comment: With respect to the reference to the Land Commission in this section, see PL 10-57 vacating Executive Order 94-3 § 306 and creating a Division of Land Registration within DLNR as the successor to the Land Commission. See also 1 CMC § 2681 and the general commission comment to this subchapter.


 

 

 

SUBCHAPTER 85-40.2

LAND SURVEYING REGULATIONS

 


Part 001          General Provisions

§ 85-40.2-001             Authority

§ 85-40.2-005             Purpose

§ 85-40.2-010             Force and Effect

§ 85-40.2-015             Definitions

 

Part 100          Land Surveyors

§ 85-40.2-101             Professional Land Surveyors

§ 85-40.2-105             CNMI Government Land Surveyors

 

Part 200          Standards for the Practice of Land Surveying

§ 85-40.2-201             Procedure

§ 85-40.2-205             Classification of Surveys

§ 85-40.2-210             Measurement Specifications

§ 85-40.2-215             Monuments

§ 85-40.2-220             Control Ties

§ 85-40.2-225             Re-survey and Re-establishment of Lost Corners

§ 85-40.2-230             Plat Standards and Field Notes

§ 85-40.2-235             Zoning Law and Regulations

 

Part 300          Clearance and Recording of Plats and Surveys

§ 85-40.2-301             Seal of Registered Land Surveyor Required

§ 85-40.2-305             Clearance and Recording Required

§ 85-40.2-310             Government Surveyors

§ 85-40.2-315             Clearance of Plat

§ 85-40.2-320             Purpose of Clearance

 

Part 400          Miscellaneous Provisions

§ 85-40.2-401             Validity of Regulations

 

Appendix I      Measures of Length and Area

Measures of Length

Measures of Area

 

Appendix II    Tables and Conversion Factors for Japanese Linear and Area Measurements

Linear Measurements

Area Measurements

 

Appendix III   Precision and Closure Standards

EDM Minimum Distance Standards

Steel Taping Required for Lengths Below the Minimums

 

Appendix IV   Construction and Dimensions for Standard CNMI Non-geodetic Control and Reference Monuments

 

Appendix V    Plat Drafting Standard

 

Appendix VI   The Federal Geographic Data Committee Geospatial Positioning Accuracy Standard


 

Subchapter Authority: 1 CMC § 2654.

 

Subchapter History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Commission Comment: PL 1-8, tit. 1, ch. 13 (effective Aug. 10, 1978), formerly codified at 1 CMC §§ 2651, et seq., originally created a Department of Natural Resources within the Commonwealth government.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 104:

 

Section 104. Department of Lands and Natural Resources.

 

The Department of Natural Resources is re-designated the Department of Lands and Natural Resources.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

In 1997, the Legislature passed the “Public Lands and Natural Resources Administration Act of 1997,” PL 10-57 (effective Apr. 18, 1997), codified as amended at 1 CMC §§ 2651-2691. PL 10-57 repealed and reenacted chapter 13, division 2 of title 1 of the Commonwealth Code, 1 CMC §§ 2651, et seq., and statutorily established the Department of Lands and Natural Resources (DLNR) with the structure, duties and responsibilities set forth in the act. See 1 CMC § 2651 and the commission comment thereto. 1 CMC § 2653(d) empowers DLNR to conduct surveys of public lands. 1 CMC § 2654 authorizes the Department of Lands and Natural Resources to adopt rules and regulations in furtherance of its duties and responsibilities.

 

The DLNR Division of Lands & Surveys (a predecessor to the Division of Land Registration and Surveys) first published Land Surveys Rules and Regulations pursuant to PL 1-8, chpt. 13, in 1980. The Division promulgated supplemental Division of Lands and Surveys Regulations in 1993. Both the 1980 and 1993 regulations were superseded by the 2002 Land Surveying Regulations codified in this subchapter. See § 80-40.2-010. The history of the former Division of Lands and Surveys Rules and Regulations is as follows: Amdts Adopted 15 Com. Reg. 11062 (Oct. 15, 1993); Amdts Emergency and Proposed 15 Com. Reg. 10666 (June 15, 1993) (effective for 120 days from June 3, 1993); Adopted 13 Com. Reg. 8531 (Dec. 15, 1991); Proposed 13 Com. Reg. 8075 (Oct. 15, 1991); Proposed 13 Com. Reg. 7850 (Aug. 15, 1991); Adopted 3 Com. Reg. 1114 (Feb. 23, 1981); Proposed 2 Com. Reg. 904 (Nov. 17, 1980).

 

The Division of Lands and Surveys and the Division of Land Registration were administratively consolidated by memorandum of the Secretary of the Department of Lands and Natural Resources dated June 23, 1995. For a complete history of the Division of Land Registration and Survey see the general commission comment to subchapter 40.1 of this title.

 

Part 001 -       General Provisions

 

§ 85-40.2-001             Authority

 

The regulations in this subchapter are adopted herewith pursuant to authority vested in the Department of Lands & Natural Resources under PL 1-8 (1 CMC § 2654).

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

§ 85-40.2-005             Purpose

 

The purpose of the regulations in this subchapter is to establish standards and procedures for the practice of land surveying in the Commonwealth of the Northern Mariana Islands.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

§ 85-40.2-010             Force and Effect

 

The regulations in this subchapter shall be binding upon all persons and entities licensed to practice land surveying in the CNMI and also to officers and employees of the CNMI doing any land surveying work. These regulations, once adopted, hereby supersede all rules or regulations, which were previously published and adopted by the Department of Lands & Natural Resources that pertain to the practice of land surveying.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

§ 85-40.2-015             Definitions

 

(a)       “Benchmark” means a permanent, official recorded mark, which establishes an elevation referenced to adopted datum. The marked point can be a natural or artificially constructed object.

 

(b)       “Cadastral parcel index (CPI)” means a master index of designated land units, which is referred to survey plat numbering assignments.

 

(c)       “Check print” means a working paper copy of a survey plat used to note omissions, errors or changes before the final plat is cleared.

 

(d)       “Chief of party” means the CNMI government surveyor who is in charge of and responsible for the fieldwork of the survey and for reviewing the final draft plat for conformance with the fieldwork performed.

 

(e)       “Clearance” means the process of checking land survey plats of both private and government survey work by a CNMI government surveyor to determine and verify that the parcel, lot, tract, or any other area numbers and plat names previously assigned by the Division are correct; and that such land survey plats are in conformance with the regulations in this subchapter. The clearance does not confirm or place legal liability with the Division for the survey work or the conformance with these regulations and other applicable CNMI laws, rules, and regulations. A land survey plat sealed and signed by a CNMI licensed surveyor and submitted to the Division is not a registered document until it has been cleared by the Division.

 

(f)        “CNMI” means the Commonwealth of the Northern Mariana Islands.

 

(g)       “CNMI interest land” means land that is owned, leased, or under the administrative control of the CNMI, which includes easements and rights-of-way designated for public use. Land in dispute or negotiation between the CNMI and other parties are treated as CNMI interest land for survey purposes until there is a final disposition on the land. This term includes public land.

 

(h)(1)  “Commonwealth surveyor” means the chief representative in land survey matters and applications, who has the authority to grant clearance of survey plats.

(2)       Minimum qualifications

(i)        Graduate from an accredited college or university with a major in civil engineering or surveying or equivalent, plus five years of responsible surveying work of which three years are at the level of a surveyor III of the CNMI civil service or higher.

(ii)       Must be a licensed professional land surveyor in the United States or in the Commonwealth.

 

(i)        “Control, cadastral” means permanent stations used as reference points for land surveys.

 

(j)        “Control, geodetic” means a system of horizontal and or vertical stations, which have been established and adjusted by geodetic method (see appendix VI).

 

(k)       “Control, horizontal” means correlated position data in two dimensions usually established with greater precision and accuracy than for land survey. Ties to horizontal control stations are frequently used to accurately position beginning points for land surveys.

 

(l)        “Control, vertical” means measurements of stations for the determination of elevations with respect to an imaginary level surface, usually mean sea level.

 

(m)      “Corner” means a position which determines boundaries. This term is not synonymous with the term “monument” even though they usually coincide.

 

(n)       “Corner, lost” means a lost position of a corner.

 

(o)       “Corner, witness” means a corner established on the line of the survey to witness a corner position which cannot be occupied or where a lasting monument cannot be constructed.

 

(p)       “Division” means the Division of Land Registration and Survey under the Department of Lands and Natural Resources, Commonwealth of the Northern Mariana Islands.

 

(q)       “DLS check number” means a plat number preassigned by the Division for both public and private land surveys. Public land survey plats have a land unit designation, e.g., 061 C 00 and private land survey plats have a sequential number followed by the year of filing with the Division, e.g., “2035/94,” “2036/94.” For the Island of Rota, survey plats are numbered in a 3000 series although there are early plats with numbers in the 2000 series.

 

(r)        “E.A. number” means, for land survey purposes, a land unit designation based on an exchange agreement between the CNMI and a private party.

 

(s)        “Geodetic classification” means the classification as listed in the U.S. Federal Geographic Data Committee Geospatial Positioning Accuracy Standards (see appendix VI). These standards are based on the ability of the survey to duplicate established control values replacing the previous observation closures methodology for point classification. Classified points are verified as being consistent with all other points in the network not just those within its own survey.

 

(t)        “Legal description” means a description recognized by law, which locates land units by identifiable labels (such as lot, block, tract, or homestead number) in a defined system rather than solely by listing courses or describing adjoining units or referring to natural or artificial monuments.

 

(u)       “Lot” means a component of the Japanese system for identifying and surveying single land units. The original lot numbers from the Japanese era are often still used in the CNMI with modifications and with some exceptions.

 

(v)       “Mean high water mark” means a mathematical determination of the plane of mean height of tidal waters in a locality.

 

(w)      “Metes and bounds” means a method of describing land units by length and direction or reference to any other means except legal description such as lot, block, or tract.

 

(x)       “Monument” means an artificial or natural object, which marks a corner or boundary.

 

(y)       “Monument reference” means a non-boundary monument set to reference a corner, which is in a hazardous or insecure position.

 

(z)       “Ordinary high water mark” means positions on the bank or shore of non-tidal waters, which by physical characteristics demonstrate distinct change or changes from the bed of the body of water to the upland. (See 2 CMC § 1213(k).)

 

(aa)      “Parcel” means the result of subdividing a land unit into six or less land units.

 

(bb)     “Plat” means a map showing the location and boundaries of distinct land units.

 

(cc)      “Plat, consolidation” means a survey plat, which represents the combining of two or more previously surveyed and designated land units into a single unit with a new designation.

 

(dd)     “Plat of survey, plan of survey, sketch of survey, right-of-way” means titles and similar titles denoting drawings with appropriate annotation, which represent land surveys. For officially cleared and recorded surveys, “survey plat” or “plat of survey” are the preferred terms.

 

(ee)      “Plat, parcel split” means the division of a land unit into two land units.

 

(ff)      “Plat, parceling or parcel” see “parcel” under this section.

 

(gg)     “Plat, relocation” see “resurveyed” under this section.

 

(hh)     “Plat, retracement” see “resurveyed” under this section. Retracement plats have DLS check numbers of 5000 or greater followed by the year they were filed with the Division, e.g., 5002/94.

 

(ii)       “Plat, revision” means a plat which has been changed on its face to correct errors or oversight.

 

(jj)       “Plat, severance” means a survey plat which represents the separation of a portion of a realty unit from the whole, usually for the purpose of creating or acquiring a right-of-way.

 

(kk)     “Plat, subdivision” means the division of land unit into seven or more units.

 

(ll)       “Plat, survey of” means a term used as a title for plats which represent survey of single land units and which do not fall into a special category such as a retracement plat. The title “survey plat” by itself should not be used. For example, the title “Survey of Tract 22011” correctly describes the plat purpose without inserting the word “plat.”

 

(mm)   “Point of beginning” means the first point on the boundary of a described land unit. After passing through all the successive courses, the description indicates return to the “point of beginning.”

 

(nn)     “Point of commencement” means a survey starting point, which is not on the boundary of the described land unit and is tied to the point of beginning.

 

(oo)     “Practice of land surveying” means, pursuant to § 3211(f)(2)(A) of 4 CMC, div. 3, any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions thereof, including the topography, alignment and grades of streets and for the preparation and perpetuation of maps, record plats, field note records and property descriptions that represent these surveys.

 

(pp)     “Reference point” means a defined position, which is specifically located relative to another defined position.

 

(qq)     “Resurvey” means a retracement of the line of an earlier survey. Restoration of original conditions is the paramount objective. Barring gross errors or omissions, previous survey records are adhered to and recovered corners are held fixed. New bearings, distances and areas are usually reported and platted.

 

(rr)      “Subdivision” see “plat, subdivision” under this section.

 

(ss)      “Survey, as-built” means to obtain horizontal and vertical data for the location and dimension of existing improvements.

 

(tt)       “Survey, boundary” means to establish or reestablish lines for or between political entities.

 

(uu)     “Survey, cadastral” means to create or identify land units for ownership or administrative purposes.

 

(vv)     “Survey, control” means to provide horizontal or vertical positions for the support of subsidiary surveys or mapping.

 

(ww)    “Survey; geodetic” means to provide a high order of precision and accuracy incorporating mathematical parameters of the size and shape of the earth. Control surveys are often geodetically related.

 

(xx)     “Survey, land” means to determine extent and specific outlines of units of land; includes cadastral survey.

 

(yy)     “Survey reconnaissance” means to provide location and relational data in response to planning or administrative needs, usually of a lower order than a cadastral or land survey.

 

(zz)      “Survey, special purpose” means to conduct a survey for a specific purpose other than other types of survey as defined herein.

 

(aaa)    “Survey, subdivision” see “plat, subdivision” under this section.

 

(bbb)   “Survey, topographic” means to determine vertical relation between horizontally positioned ground features and artificial objects.

 

(ccc)    “Tie” means a survey connection from a point of known position to a point that is desired.

 

(ddd)   “Tract” means a land unit designation related to the CNMI Homestead Program.

 

Modified, 1 CMC § 3806(d), (e), (f), (g).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Commission Comment: The original paragraphs of subsection (h) were not designated. The Commission designated subsections (h)(1) and (h)(2).

 

In subsections (q), (kk) and (ll), the Commission moved punctuation inside of the closing quotation marks. The Commission inserted commas after the words “rules” in subsection (e), “leased” in subsection (g), and “tract” in subsection (t) pursuant to 1 CMC § 3806(g).

 

Part 100 -       Land Surveyors

 

§ 85-40.2-101             Professional Land Surveyors

 

(a)       Pursuant to § 3212 of 4 CMC, div. 3, in order to safeguard life, health, and property no person except those exempted shall practice land surveying in the Commonwealth unless the Board of Professional Licensing licenses such person.

 

(b)       Surveys, which delineate land and property boundaries, units of ownership or possession, subdivision and resurveyed, in whole or in part must be conducted under the complete direction and control of a land surveyor licensed to practice in the CNMI.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

§ 85-40.2-105             CNMI Government Land Surveyors

 

(a)       Pursuant to § 3213(b) of 4 CMC, div. 3, persons practicing land surveying solely as officers or employees of the Commonwealth during the terms of office or employment are exempted from the licensing requirements by the Board of Professional Licensing.

 

(b)       CNMI government land surveyors can conduct or provide consultation for survey of government properties or to re-surveyed private land which are the subject of title determination related to CNMI or previous government action or decision or to perform any type of survey for administrative needs. Private land may only be surveyed to gather evidence in support of CNMI interest land or in conjunction with private land and adjoining CNMI interest land.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Part 200 -       Standards for the Practice of Land Surveying

 

§ 85-40.2-201             Procedure

 

(a)       The land surveyor must make a diligent search for pertinent recorded documents. Copies of applicable deeds, maps and title report or title opinion may be necessary. If the subject property is referenced to or described as an aliquot part of the public land survey, or a fraction thereof, relevant government plats, field notes, and special instruction should additionally be consulted when appropriate.

 

(b)       The land surveyor must thoroughly examine this information and the date it was acquired.

 

(c)       The land surveyor must diligently search for and identify monuments and other physical evidence which could affect the location of the subject property’s boundaries. A reasonable attempt must be made to recover controlling monuments for reference thereto. The position of controlling monuments which have been obliterated should be recovered or reestablished using the best available evidence. Physical evidence of apparent use and possible rights in the subject property by others should be evaluated. Lines of possession and occupation must be located, described, and where practical, made an age determination.

 

(d)       The land surveyor must conduct field measurements necessary to adequately relate the position of all apparent evidence pertinent to the boundaries of the property. All findings resulting from the field investigation must be accurately and completely recorded and retained permanently.

 

(e)       The land surveyor must make computations to verify the correctness of the field data acquired and to confirm that measurement results are within acceptable tolerance limitations. Computations must be made to determine the relative position of all found evidence.

 

(f)        In the event of a material discrepancy or disagreement with the measurements or monument corner positions of another land surveyor, the land surveyor must make a reasonable attempt to contact the other land surveyor and attempt to resolve the disagreement.

 

(g)       The land surveyor must make an analysis, reach a final conclusion, and set monuments so as to represent the location consistent with the best evidence available of corner position and boundary lines. The land surveyor must advice the client of discrepancies, which raise doubts concerning the boundary lines of the subject property and should provide the client with a copy of the survey report.

 

(h)       The land surveyor shall prepare a scaled drawing of the results of survey for presentation to the client unless adequate existing information is available.

 

(i)        The land surveyor must certify only those matters personally known to be absolutely true and must declare all other items only to the limit of the land surveyor’s knowledge and belief.

 

(j)        The land surveyor must prepare and cause to be recorded corner records and record of survey documents if a material discrepancy exists in angular and/or linear call as compared with new survey value as defined under the regulations in this subchapter.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Commission Comment:  The Commission inserted a comma after the word “conclusion” in subsection (g) pursuant to 1 CMC § 3806(g).

 

§ 85-40.2-205             Classification of Surveys

 

(a)       Class A - Urban Surveys

Surveys of land lying inside a city or town; this includes, but is not limited to; surveys of urban business district properties and highly developed commercial properties.

 

(b)       Class B - Suburban Surveys

Surveys of land lying outside urban areas; this land is used almost exclusively for single-family residential use or residential subdivision.

 

(c)       Class C - Rural Surveys

Surveys of land such as farms and other underdeveloped land outside the suburban area, which may have a potential future development.

 

(d)       Class D - Mountain and Marshland Surveys

Surveys of land that normally lies in remote areas with difficult terrain and which usually has limited potential for development.

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

§ 85-40.2-210             Measurement Specifications

 

Land surveyors must comply with the following measurements for the performance of land surveying in the CNMI.

 

(a)       In order to apply the specifications to achieve the required accuracy the land survey must first classify the survey relative to the “class of survey” listed above.

 

(b)       The U.S. survey foot (English system) was the adopted standard during the Naval Administration. The metric system was the authorized standard for linear and area measurements during the T.T. Administration and it was carried forward and adopted for the CNMI (see appendix I). Angular measurements are expressed in degrees, minutes, and seconds in sexagesimal system, increments of 60.

 

(c)       Appendix II is the Table and Conversion Factors for the Japanese Linear and Area Measurements. The original source of these tables is unknown, however, it has been used as a conversion guide for many years. The factors in appendix II are required to be used for record conversion calculations.

 

(d)       Appendix III is the Table of Precision and Closure Standard. The table contains required accuracy for public and private land surveys and the required precision standard. Precision is the quality of the operation leading to the result and accuracy is the quality of the result of the survey. Precision is inherent in the fieldwork and the survey results. The survey plat must graphically show conformance with required accuracies. Angular and distance precision are equally important for maintaining an acceptable accuracy balance.

 

(e)       Vertical control and topographic surveys may be reported in feet or meters. Vertical control surveys shall be based on a level loop from an established benchmark or between established benchmarks. The datum used shall be stated on the finished drawing. Assumed datums are permitted. At least one site benchmark shall be established near the survey and described on the finished drawing. Vertical control and topographic surveys are not required to be cleared by the Division but this exclusion does not relieve conformance with the standards of this section.

 

(f)        Surveys conducted solely for vertical datum using advanced techniques such as GPS are not subject to the standard of this section except for minimum accuracy, monuments and finished drawing requirements.

 

(g)       Horizontal positions shall be platted to 1/20th of the map or drawing scale. Accuracy standards for contour lines are required to be within ½ of the contour interval with 80% assurance and within a full contour interval with 100% assurance.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Commission Comment: In subsection (e), the Commission changed “requires” to “required” to correct a manifest error.

 

§ 85-40.2-215             Monuments

 

Geodetic control monuments, horizontal and vertical, are required to meet current construction and positioning standards of recognized U.S. government agencies such as the National Geodetic Survey of the U.S. Department of Commerce, the U.S. Army Corps of Engineers, or the Federal Highway Administration, (see appendix VI for standard).

 

(a)       All monuments, whether set or found, must be described and specifically identified as set or found, whenever shown on maps or referred to in documents prepared by the land surveyor. Description of monuments must be sufficient in detail to readily facilitate future recovery and to enable positive identification, including map reference.

 

(b)       Monuments are required to be magnetically detectable, not less than 4 inches in diameter, not less than 16 inches in length, and shall bear the land surveyor’s license number.

 

(c)       Monument construction, durability, setting condition and identification for private surveys must be acceptable to the Division (see appendix IV for illustration of standard monument). Non-geodetic control monuments are required to have minimum dimension of 4” by 6” by 16” (top, bottom and height) and be set in a concrete mix of four parts aggregate, three parts sand and one parts cement. An identification cap marked “CM” shall be imbedded in the monument top. In areas of thin soil or surface bedrock, alternative monument types are acceptable if pre-approved by the Commonwealth Surveyor.

 

(d)       Monuments which are more than 30 meters distant from the adjacent monument of the same survey are required to be referenced to at least two points by bearing and distance unless only one nearby stable point exists. Reference monument construction standard is identical to those of corner monuments except that the inscription “RM” is required. Examples of acceptable reference points are corners of concrete foundations, stable fence posts, estimated centers of trees and rights-of-way markers. Bearing reference can be used such as a permanent radio antenna or points on other tall structures. Other possibilities are broken glass placed at the bottom of the monument hole and ties to chiseled marks on a rock outcrop.

 

(e)       On-line monuments will be established when the distance between adjacent corners in the same survey exceeds 50 meters.

 

(f)        The willful or malicious destruction or impairment of an establish survey monument, whether placed by a licensed or government surveyor, is a misdemeanor punishable by a fine of not more than one thousand dollars, or by imprisonment of not more than ninety days, or both.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

§ 85-40.2-220             Control Ties

 

(a)       One corner of each land survey (platted unit) is required to be tied to an established control point of first through third order, class 1, or at least meeting class A standards (appendix III). Control points shall be outside of the exterior boundaries of the concurrent survey with the tie distance no less than 25 meters. Bearing establishment for concurrent land survey shall be determined by the direction between two control points, which are at least 50 meters apart.

 

(b)       New control points, which are established for the purpose of controlling a concurrent land survey, are not required to be pre-approved by the Commonwealth Surveyor for location and appropriate monumentation, but a copy of the coordinates for any such new control points must be provided to the Commonwealth Surveyor. The Commonwealth Surveyor should maintain a permanent file of the coordinates and detailed physical characteristics of any existing and new control points in the geodetic network.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

§ 85-40.2-225             Re-survey and Re-establishment of Lost Corners

 

(a)(1)   The mathematics and geometry of previously cleared surveys are not conclusive evidence for reestablishment of boundaries and lost corners. Proportionate (mathematical) measurement methods for re-establishing a lost corner will be used only after the responsible surveyor has determined that all alternative sources of evidence have been exhausted. The order of importance of evidence for re-establishing corners and boundaries is:

(i)        Natural monuments and boundaries.

(ii)       Original monuments.

(iii)      Possession, which can be traced to the time of the original survey.

(iv)      Measurement of the original survey.

(v)       Area.

(2)       Advancement in measurement technology resulting in improved bearing, distance and coordinate accuracy for contemporary survey strengthens order (measurement of the original survey) but does not change the order of importance.

 

(b)       Testimony of individuals, while offering potential valuable evidence, must be weighed under the following considerations.

(1)       The individual is qualified, i.e., has first hand knowledge of conditions in the vicinity of the survey since its completion.

(2)       Accurate and unbiased accounting by an individual of specific locations.

(3)       Final disposition of landowner rights rest with the Commonwealth Judiciary.

 

(c)       When proportionate measurements become necessary for re-establishment, any professional accepted method may be used. A method, which best protects the landowner’s rights as well as those on the adjoining property takes precedence. Sources of proportionate methods include text and reference books, generally used software adjustment program, and government documents such as the U.S. Bureau of Land Management Manual of Surveying Instructions.

 

(d)       Licensed or government surveyors may enter on public or private land for the purpose of taking measurements, examining evidence of previous surveys, and implementing other survey work coinciding with the completion of a field survey, without prior permission of affected land owners, lessees, adjoiners, or owners or lessees of land over which transit is necessary for access to the subject surveyed land(s). If such land owners, lessees or adjoiners of transited land object in writing to the survey party’s presence or activities, a court order must be obtained which permits the necessary entry for the performance and conduct of the survey. Such written objection should be forwarded to the Division in the case of public land being surveyed or to the responsible licensed surveyor for private survey work.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Commission Comment: The original paragraphs of subsection (a) were not designated. The Commission designated subsections (a)(1) and (a)(2).

 

In subsection (a)(2), the Commission changed “chance” to “change” to correct a manifest error.

 

§ 85-40.2-230             Plat Standards and Field Notes

 

(a)       Field notes and cleared plats are permanent records. Original plat and field books done by a licensed or government surveyor shall be retained by the licensed surveyor or the Division. Certified copies of private survey work, which have been certified by the Division, will be permanently retained at the Division office through the means of microfiche or CD-ROM. Field notes collected by electronic means have the same retention requirements.

 

(b)       Plats and field notes are sources of numeric, graphic, and descriptive data, which strongly support the establishment or re-establishment of boundaries or corners. They do not replace or override on the ground evidence such as natural authentic verified monuments.

 

(c)       A plat, map, or sketch of a land survey is acceptable in terms of this section when it is certified by the responsible surveyor as meeting the requirements of the plat drafting standard (see appendix V) and has been cleared by the Division. The Commonwealth Surveyor maintains and provides when requested a set of standardized plat symbols. These symbols reduce the need for legends and symbols on the plat face.

 

(d)       Revisions or corrections to a survey plat are made by changing the plat on its face to correct errors or oversights. Reasons for and dates of revisions are noted in the revisions section of the title block on the plat.

 

(e)       The Division shall not make any changes to plats submitted for clearance by licensed surveyor. Plats with permanent or noticeable errors will be returned to the submitting party along with a letter outlining the discrepancies. This requirement does not imply that the Division will routinely or thoroughly examine private land survey plats for errors or discrepancies except for the clearance procedures.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

§ 85-40.2-235             Zoning Law and Regulations

 

(a)       The CNMI licensed surveyors will comply with any new zoning law and its regulations, if passed in the future. These applications include, but are not limited to, drafting requirements for tentative and final plans and showing of specific items such as utilities, topography, and drainage. Cognizance of lot width, area, and setback requirements is of particular importance.

 

(b)       The Commonwealth Surveyor is required to review tentative and final plans submitted by the CNMI Zoning Office and respond within fourteen days with an endorsement or statement outlining discrepancies. The elements to be reviewed include lot and other numbering systems, bearings, distances, control ties, accuracy, locations and dimensions of easements and right-of-way, topography, lot dimension and areas, monument location and adequacy, curve data and any other significant data, information, or formats which the CNMI recognizes needs attention.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Part 300 -       Clearance and Recording of Plats and Surveys

 

§ 85-40.2-301             Seal of Registered Land Surveyor Required

 

Pursuant to part of the paragraph of § 3219(e) of 4 CMC, div. 3, no maps or surveys shall be filed with any official of the Commonwealth unless stamped with the seal of a registered land surveyor.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Commission Comment: With the exception of § 85-40.2-315, the Commission created the section titles in part 300.

 

§ 85-40.2-305             Clearance and Recording Required

 

All survey plans or plats signed and sealed by a CNMI licensed surveyor must be granted a clearance by the CNMI Commonwealth Surveyor from the Division and must be filed and recorded at the Commonwealth Recorder’s Office, Commonwealth Superior Court.

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

§ 85-40.2-310             Government Surveyors

 

All surveys performed by CNMI government surveyors require the signature and title on the plat of the Chief of Party who was assigned to the survey and must be cleared by the Commonwealth Surveyor who must indicate his signature and title in the designated space on the plat.

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

§ 85-40.2-315             Clearance of Plat

 

(a)(1)   The purpose of clearance of a survey plat or plan is to determine and verify that the lot, tract, parcel or other land units, numbers and plat names assigned by the Division are correct and that there is conformance with the plat standards of the regulations in this subchapter (see appendix V). The following is the procedure for pre-clearance:

(i)        The licensed surveyor submits in writing to the Division stating the purpose of the proposed or pending survey, its location and estimated starting date along with a rough sketch showing location and design.

(ii)       The Commonwealth Surveyor responds within five working days before the estimated starting date with an assignment of lot, tract, parcel, or other unit designation and specific name to be used on the plat.

(2)       This procedure may change depending on the survey work and at the consent of both the licensed surveyor and the CNMI Commonwealth Surveyor.

 

(b)       Clearance of a survey plat is not a warranty or other statement of accuracy of the private surveyor or map and places no liability with the CNMI government.

 

(c)       The Division is required to process survey plats submitted for clearance within seven working days of their receipt. If a plat is rejected, the submitting party must be notified and informed of the reason(s) for rejecting within ten days of its receipt.

 

(d)       The Commonwealth Surveyor cannot clear any parcel or subdivision survey plats, unless every lot or other land unit of the survey abuts an existing or planned roadway right-of-way having a minimum width of twenty feet.

 

(e)       The survey plat or plan is not a legal survey, whether recorded or not, until it has been cleared by the Division.

 

(f)        Once a survey plat is recommended for clearance, the Director of the Division or other delegated official approves the clearance by signing the plat. The plat is then authorized for recording at the Commonwealth Recorder’s Office.

 

(g)       Survey plats, which have been suspended by a CNMI court, will be retained in the CNMI Land Registration and Survey Office. The head of the office is responsible for clearly marking the plat “SUSPENDED,” having it notarized and providing a copy to the CNMI Recorder’s Office.

 

Modified, 1 CMC § 3806(d), (e), (f), (g).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Commission Comment: The original paragraphs of subsection (a) were not designated. The Commission designated subsections (a)(1) and (a)(2).

 

In subsection (e), the Commission moved the comma after “suspended” inside of the closing quotation mark. The Commission inserted a comma after the word “parcel” in subsection (a)(1)(ii) pursuant to 1 CMC § 3806(g).

 

§ 85-40.2-320             Purpose of Clearance

 

Clearance indicates that the field and office work of the survey was performed in accordance with the standards for the practice of land surveying as required under the regulations in this subchapter.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Part 400 -       Miscellaneous Provisions

 

§ 85-40.2-401             Validity of Regulations

 

If any provision of the regulations in this subchapter shall be held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations shall not be affected thereby.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).


 

 

Appendix I
Measures of Length and Area

 

Measures of Length

 

Metric Denominations and Value

Equivalent in English System

Kilometers

1,000 meters

0.67137 mile, or 3,280 ft. and 10 in.

Hectometer

100 meters

328.08 ft.

Dekameter

10 meters

32.808 ft. or 393.7 inches

Meter

1 meter

3.28 ft. or 39.7 inches

Decimeter

1/10 of a meter

3.937 inches

Centimeter

1/100 of a meter

0.3937 inches

Millimeter

1/1000 of a meter

0.0394 inches

 

Measures of Area

 

Metric Denominations and Value

Equivalent in English System

Hectare

10,000 square meters

107.638.67 sq. ft. or 2.471 acres

Are

100 square meters

1,076 sq. ft. or 119.600 square yards

Centare

1 square meter

10.76 sq. ft., 1.190 sq. yd. or 1,550 sq. in.

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).


 

 

Appendix II
Tables and Conversion Factors for Japanese
Linear and Area Measurements

Linear Measurements

Japanese

Meters

Feet

Inch

 

1 Sun

0.03030303

0.099419184

1.193

10 Sun

1 Shaku

0.30303028

0.99419184

11.9303

6 Shaku

1 Ken

1.81818167

5.965151

 

60 Ken

1 Cho

109.0909

357.90906

 

36 Cho

1 Ri

3927.2724

12884.7262

 

 

Linear measurements are based on 1 Cho = 109.0909 meters

Area Measurements

Japanese

Sq. Meters

Sq. Feet

Acre

 

1 Shaku

0.033057783

0.355829595

 

10 Shaku

1 Go

0.33057783

3.55829595

 

10 Go

1 Bu (Tsubu)

3.3057783

35.5829595

 

30 Bu

1 Se

99.177335

1067.488785

0.02451

10 Se

1 Tan

991.7335

10674.88785

0.2451

10 Tan

1 Cho

9917.335

106748.8785

2.451

36 Cho

1 Ri

357024.06

3842959.626

 

 

Area measurements are based on 1 Tan = 991.7335 square meters

 

Note: All factors containing more than four decimal places are extrapolations empirically arrived at so as to provide a symmetrical quality from one end of each table to the other. 43,560 sq. ft. = 1 Acre or 4,047 sq. m.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).


 

 

Appendix III
Precision and Closure Standards

 

Survey Class

 

Direct Electronic+ Readout

 

Number of Observations

 

Maximum Spread+ From Mean

 

Angle Closure N=No. of Station

 

Linear Closure++

(Electronic Readout)

 

 

A

 

10"

 

2 Direct/Reverse

 

10"

 

15"\ N

 

1:10000

 

B

 

20"

 

1 Direct/Reverse

 

20"

 

20"\N

 

1:7500

 

C

 

2'

 

1 Direct/Reverse

 

30"

 

30"\ N

 

1:5000

 

EDM Minimum Distance Standards

Steel Taping Required for Lengths Below the Minimums

 

 

 

EDM Accuracy Standard

 

Minimum Distance (Meters)

 

Linear Closure

 

A

 

5mm/10mm+++ 

 

54/102

 

1:10000

 

B

 

5mm/10mm

 

40/76

 

1:7500

 

C

 

5mm/10mm

 

27/51

 

1:5000

 

+ Comparable Standards are Micrometer and Scale Reading Theodolites, and Vernier Transits.

++ Linear Closure are Computed after Angular Balance.

+++ PPM Figures as Stated by Manufacturers, E.G. (+ or .5mm+ or - 5ppm), are not significant to Land Surveying Closure and Standards.

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).


 

 

Appendix IV
Construction and Dimensions for Standard CNMI Non-geodetic Control and Reference Monuments

 


History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).


 

 

Appendix V
Plat Drafting Standard

Whenever a surveyor conducts a land survey of properties, a plat showing the result shall be prepared and a copy furnished to the client. The plat shall conform to the following requirements and shall include the following information.

 

A.        Information Block:

 

1.         Plat name and number(s) are shown in the title block (approximately 6 ½ x 2 ½ inch space) in the lower right side adjacent to the plat borders. Use maximum size letters, which fit the block. DLS Check No. should be placed below the plat name and number. Approximate location name should be placed in the lower left corner in small letters in this same block, e.g., “Chalan Rueda.” The name of the island should be placed in the lower right corner in small letters in this same block, e.g. “Saipan MP.”

 

2.         There should be at least seven (7) blank lines approximately ½ inch high across half of the information block width for initials and dates as needed. For government survey plats, acknowledgment by the plat draftsperson and Public Land Office officials are required. The initials are for identification purposes only to ensure that Public Land Office is informed of the existence of the plat. This requirement does not sanction clearance of the survey or a plat. The right hand side of this block states the plat scale, indicates sheet number for multiple sheet plats (show number of each sheet in conjunction with total sheets). The remainder of space is for optional entries.

 

3.         The individual or company name of the responsible surveyor or the name and title of the Division head with address and phone number should also be included.

 

4.         For private survey plats, the certification states the following: “I (name of land surveyor), hereby certify that this map was prepared by me or under my direct supervision and that it is based upon a field survey made (insert date), in conformance with all applicable laws and regulations.” The signature, date and seal of the land surveyor shall be affixed directly under the certification statement. The same certification is used for government or public land survey work and is signed and dated by the Commonwealth Surveyor or by the government surveyor who was officially assigned to conduct the platted survey. A seal is not required for government survey work and the stamping or sealing of this survey is prohibited.

 

5.         Clearance of a land survey plats is under the authority of the Commonwealth Surveyor or his designee. Once clearance of a survey plat is recommended by the Commonwealth Surveyor, final approval is granted by the Director of Land Registration and Survey, and the plat may then be filed with the Commonwealth Recorder’s Office.

 

6.         Survey plats notarized by a notary public attesting to the signature and date of filing is not entered in the information block and do not carry or imply any clearance of the plat.

 

B.        Drawing Block

 

1.         Each plat sheet is 24 inches by 36 inches, matte surface polyester film, 7 to 10 mm thick with a 1 inch margin on three sides and a 2 inch margin on the left side. There should be at least three (3) grid tic marks with coordinate values shown along the bottom border line and at, least three (3) grid tic marks with coordinate values shown along the left border. Internal crosses should be drawn at each projected intersection of the tic marks.

 

2.         The survey location map should be in the upper right hand corner designating the survey site and showing the appropriate grid coordinate system.

 

3.         On the space between the information block and the location map, state the survey’s primary purpose and the basis for bearing and coordinate data. Example: (a) This survey is for the purpose of delineating a proposed Right-of-Way through Lots 1763-4 and 1763-5, (b) Survey established by connection to triangulation stations GAR and PEAK as shown (omit statement such as “all distance are in meters, U.O.N.”). References are for the sole purpose of citing previous surveys, which have a relationship to the platted survey. Omit legend symbols, which are standard as shown on the list maintained by the Commonwealth Surveyor.

 

4.         Avoid extraneous labeling and notes i.e., the graphic scale is labeled “meters” and not “graphic scale.”

 

5.         Label match lines for surveys shown on multiple plat sheets.

 

6.         There should be a North arrow, graphic scale and statement on all sheets.

 

7.         Lengths are shown to the nearest centimeter and bearings to the nearest 10 seconds. Precise figures are optionally permitted but should be consistent throughout the platted unit. Areas of each surveyed unit are shown to the nearest square meter. Precise area statement is optionally permitted.

 

8.         Location, width and purpose of easements should be shown and the data can be stated in the notes.

 

9.         Curve data, i.e., central angle, radius, length of curve, chord length and chord bearing can be shown on a table placed on the plat face and keyed by capital letter to the actual location on the plat.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 24 Com. Reg. 19046 (Mar. 19, 2002) (superseding all previous land surveying regulations); Proposed 24 Com. Reg. 18890 (Jan. 29, 2002).

 

Commission Comment: In subsections A.1., B.3., and B.4., the Commission moved periods inside of the closing quotation marks. In subsection A.2., the Commission corrected the spelling of “acknowledgment.”


 

Appendix VI
The Federal Geographic Data Committee Geospatial Positioning Accuracy Standard

The following excerpts and comments are from the Federal Geographic Data Committee (FGDC) and Geospatial Accuracy Standard (draft 2/97). The FGDC is composed of fourteen (14) major U.S. government departments and agencies, which have a vested interest in the development and maintenance of high quality control points and positional accuracy.

 

Standard

 

The Geospatial Positioning Accuracy Standards provide a common methodology for reporting the horizontal and vertical accuracy of clearly defined features where the location is represented by a single point coordinate. Examples are survey monuments, prominent landmarks such as church spires, standpipes, radio towers, tall chimneys, mountain peaks, and targeted photogrammetric control points. Compatibility of spatial data is increased by providing users with consistency for comparing positional accuracy derived by different methods for the same points.

 

All spatial applications, i.e., geodetic networks, cartographic, engineering, construction, facilities management and hydrographic positioning, develop standard based on a horizontal component with the radius of a circle of uncertainty, such that the true (theoretical) location of a point falls within the circle 95% of the time. Standards for the vertical component are based on a linear uncertainty value, such that the true (theoretical) location of the point falls within + or - of the linear uncertainty value 94% of the time.

 

The method used to determine accuracy is defined. Examples are statistical testing, least squares adjustment, results, comparison with value of higher accuracy, repeat measurements estimation and other methods.

 

Horizontal coordinate values should be in the North American Datum of 1983 (NAD 83). Vertical coordinate values should be in the North American Vertical Datum, (NAVD 88 actually means the sea level for the CNMI). If coordinate values are not from the National coordinate system, then identify the local coordinate system (Mariana Islands District Coordinate System of 1966) and state its relationship to the National coordinate system.

 

Geodetic Networks

 

Part 2 of the Geospatial Positioning Accuracy Standards states accuracy reporting for geodetic surveys. Geodetic control surveys establish a basic network from which supplemental surveying and mapping work emanates. They are comprised of a framework of redundant, interconnected, permanent monument control points which are singular elements of a defined reference system.

 

Geodetic surveys are conducted with much greater quality assurance and rigorous accuracy requirements than those of control surveys for generating engineering, construction, topographic mapping, or cadastral surveys.

 

The U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Geodetic Survey maintains accuracy standards for geodetic networks for the Federal Geodetic Control Subcommittee, of the Federal Geographic Data Committee.

 

Accuracy Classification

 

Horizontal, Ellipsoid Height, Orthometric Height

 

Classification

 

95% Confidence (< or = )

 

1 millimeter

 

0.001 meters

 

2 millimeter

 

0.002 meters

 

5 millimeter

 

0.005 meters

 

1 centimeter

 

0.010 meters

 

2 centimeter

 

0.020 meters

 

5 centimeter

 

0.050 meters

 

1 decimeter

 

0.100 meters

 

2 decimeter

 

0.200 meters

 

5 decimeter

 

0.500 meters

 

1 meter

 

1.000 meters

 

2 meter