Enforcement

Enforcement. Enforcement of this article shall be the responsibility of the Secretary of the Department of Land and Natural Resources, in consultation with the director of Fish and Wildlife, the Resident Director of the Department of Land and Natural Resources in the First Senatorial District. Such enforcement shall be pursuant to the provisions in 2 CMC § 5109. Source: Rota LL 12-2, § 4, modified. Commission Comment: Rota LL 12-2 took effect on April 26, 2000. Rota LL 12-2 contained findings and purposes, severability, and savings clause provisions as follows: Section 1. Findings and Purposes. The First Senatorial District finds that the use of scuba tank and other related diving devices by commercial and non-commercial fishermen have caused a significant depletion of reef fish within the lagoon and coastal waters of the municipality of Rota island. Furthermore, the need to preserve and to regulate the fishing and harvesting of marine life in this area is essential to maintaining and preserving the traditional way of life and ensuring that this marine life and its ecosystem is preserve for the use and enjoyment by future generations of Northern Mariana Islands residents. Thus, the intend of this Act is to prohibit or restrict the use of scuba tank and other related diving devices by commercial and non-commercial fishermen when fishing for reef fish and harvesting other Marine life within the lagoon and coastal waters of the municipality of Rota. ... Section 5. Severability. If any provision of this Act or the application of any such provision to any person or circumstance should be held valid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. Section 6. Savings Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not have the effect of terminating, or in any way modifying, any liability civil or criminal, which shall be in existence at the date this Act becomes effective. The Commission changed the original reference to “Chief of Fish and Wildlife” to “director of Fish and Wildlife.” Executive Order 94-3 (effective August 23, 1994) reorganized the executive branch, changing agency names and official titles, and effecting other changes, set forth in the Commission comment to 1 CMC § 2001, particularly Section 106; see also the comment to 1 CMC § 2651.