Title 2, Natural Resources

Incorporated Associations. Any corporation organized under 2 CMC § 6301, one of the purposes and powers of which is to acquire permanent or long-term interests in real property within the Commonwealth, shall be organized so as to comply with the eligibility requirements imposed u…

Ownership Restrictions To Preserve Eligibility. The ownership of units may be restricted to preserve the eligibility of any corporation organized pursuant to 2 CMC §§ 6301 and 6502. Restrictions in the declaration, upon recordation of the declaration, shall constitute notice ther…

Definitions. As used in this article: (a) “Authorized Area” means an area outside the coastal zone that has been designated by the Secretary of the Department of Public Works in concurrence with the Coastal Resources Management Office and the Division of Public Lands as a sand mi…

Prohibited Acts. No person shall do any sand mining in a prohibited area, unless: (a) They obtain a permit from the Secretary of Public Works in consultation with the Department of Lands and Natural Resources, Coastal Resources Management (CRM). The Secretary of Public Works, aft…

Authorized Sand Mining. Subject to the permit requirements in 2 CMC § 1604, sand mining may be permitted in an authorized area. Source: PL 11-62, § 5.

Permit and Other Fees. The Secretary of Public Works shall, for a reasonable fee, not to exceed $100 if for a commercial use or $5.00 if for self-help improvement projects, issue a permit for sand mining in an authorized area upon application from any person. The application form…

Revenue. Revenues collected from permits and other fees shall be deposited into a special account of the General Fund with separate accounts established for each senatorial district for the revenues collected in those districts and the mayor of the district shall, subject to appr…

Penalties. Any person who violates a provision of this article shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $2,000 or imprisoned not more than six months, or both. Source: PL 11-62, § 8.

Landing Fee. A landing fee of five dollars is imposed on each nonresident passenger who disembarks on Managaha Island by a commercial carrier. Each commercial carrier engaged in the transport of passengers to Managaha Island is charged with the duty to keep a daily record of all …

Saipan Cultural and Performing Arts Center, Division of Public Lands, Commonwealth Museum, Saipan Youth Program, Indigenous Affairs Office and Carolinian Affairs Office. (a) The Secretary of Finance shall establish a special subaccount (the Fund) which shall be designated as the …

Reporting Requirements. The Secretary of Finance shall annually make a financial report on the status of the Fund to the Saipan and Northern Islands Legislative Delegation no later than 30 days after the close of each fiscal year. Source: PL 11-64, § 4.

Use of Funds. The funds deposited in the subaccount shall be available for appropriation by the Saipan and Northern Islands legislative delegation and shall be available for appropriation without limitation by 1 CMC § 1402 or related provision of law. Source: PL 11-64, § 5.

Definitions. (a) “Department” means the Department of Lands and Natural Resources. (b) “Marine conservation area” or “conservation area” means any marine conservation area established by law to serve the purpose(s) for which it was established. (c) “Secretary” means the Secretary…

Managaha Marine Conservation Area Established: Purpose. (a) There is hereby established a marine conservation area called the “Managaha Marine Conservation Area,” consisting of the Isle of Managaha and its surrounding waters and more specifically designated by the following UTM c…

Marine Conservation Section Established. There is hereby established within the division a section called the Marine Conservation Section to implement the provisions of this article. Source: PL 12-12, § 5.

Fundamental Management Policies. The Secretary of the Department of Lands and Natural Resources shall have the exclusive authority to manage marine conservation areas and sanctuaries. The day-to-day administration and management of the marine conservation and sanctuary areas shal…

Education. The division shall provide to the Board of Education and other non-public educational institutions the necessary assistance for the implementation of any curriculum or course of instruction that actually takes place within a conservation area that the board or a non-pu…

Enforcement, Remedies, and Penalties. (a) The division shall develop and keep a log of daily activity relevant to the operation and management of the conservation areas. Upon request by the department, other enforcement agencies, including but not limited to, the Department of Pu…

Revolving Fund. (a) Conservation Area Management Revolving Fund. (1) There is hereby established within the Commonwealth Treasury a Conservation Area Management Revolving Fund which shall be accounted for separately from the General Fund and shall have subaccounts known as follow…

Regulations. (a) Within 180 days after the enactment of this article, the secretary shall promulgate rules and regulations necessary to carry out the intent of this article. (b) The Secretary of the Department of Lands and Natural Resources is authorized to adopt, amend, and repe…

Statement of Purpose. The purpose of this bill is to designate Bird Island and Forbidden Island as sanctuaries for the conservation of wildlife and marine life. Designation of Bird Island and Forbidden Island as sanctuaries is in the public interest as it promotes the concept of …

Management and Monitoring. The Division of Fish and Wildlife will be responsible for clearly marking with signs written in three languages (Chamorro, Carolinian, and English) and permanently placing these signs at the northern and southern boundaries of the sanctuary and at inter…

Collaboration. Public Lands, Coastal Resource Management Office and the Marianas Visitors Authority shall work together with the Division of Fish and Wildlife in developing these two sanctuaries to be models for replication throughout the Pacific. Activities to be undertaken whic…

Fees. The Division of Fish and Wildlife may elect to charge a nominal entry fee for the purposes of maintenance of these sanctuaries and for enforcement, research and improvement of these sanctuaries. Source: PL 12-46, § 4.

Prohibited Activities. Destruction, harassment and/or removal of plants, wildlife including birds, turtles, fish and marine species of any kind, fishing in any form, operation of jet skis, walking on exposed sections of reef, harvesting or removal of fish, shellfish or marine lif…

Penalty. A fine of $500 and/or a prison sentence of not more than one year shall be imposed on any individual who engages in any of the prohibited activities within the area designated as a sanctuary. Source: PL 12-46, § 6.

Marine Reserve Area. This article shall create a marine reserve area, to be located from the Southwest Carolinas Point to the Tinian Recreational Boat harbor, specifically encompassing all the areas from Tachogna Beach, Taga Beach, YCC Beach, Kammer Beach, and Tinian Harbor, from…

Assessment After 3 Years. The Division of Fish and Wildlife shall, three years from the effective date of this provision, conduct a marine biologist-certified assessment of the marine life of this area to determine whether the fish population and marine habitat has reached a leve…

Activities Restricted. For a period of five years from the effective date of this article, the removal, disturbance, damage, or destruction of any marine life or habitat, including any fish, coral, lobster, shellfish, clams, octopus or any shellfish, shall be prohibited within th…

Enforcement and Remedies. Enforcement of this article shall be subject to Title 2, Division 5, Chapter 1 (2 CMC § 5101 et seq.) and shall be the responsibility of the Secretary of the Department of Lands and Natural Resources, in consultation with the Director of the Division of …

Definitions. (a) “Aggravating circumstances” means operating, anchoring, or mooring a vessel in a reckless or wanton manner; while under the influence of drugs or alcohol; or in any other manner that demonstrates disregard of boating laws and regulations concerning speed, navigat…

Designated Vessel Anchoring Site. DLNR shall designate appropriate sites for anchoring vessels within the waters of the Commonwealth or on sovereign submerged lands unless preempted by federal law. Source: PL 20-79 § 3 (Nov. 2, 2018).

Notification and Removal. (a) The responsible party of a vessel who knows or should know that their vessel has run aground on coral reef, struck coral reef, released pollutants harming any coral reef, or otherwise damaged coral reef must notify DLNR of such an event within 24 hou…

Enforcement and Damages. (a) DLNR may initiate a civil action, on behalf of the Commonwealth, to enforce this article and to recover damages for the destruction of, loss of, or injury to a coral reef. (b) DLNR may recover all damages from the responsible party, including, but not…

Natural Resource Analysis. DLNR shall, where possible, use methods that incorporate the species diversity, species abundance, species population make-up at the impact site and best available science to best predict functional loss by which the compensation described in § 1664 is …

Civil Penalties. In addition to the compensation described in § 1664, DLNR may assess, per occurrence, a civil penalty according to the following schedule: (a) For anchoring of a vessel on a coral reef or for any other damage to a coral reef by recreational boaters, a warning sha…

Coral Reef Restoration Fund. (a) There is hereby created a Coral Reef Restoration Fund, which shall be separated from and accounted for separately from the General Fund. (b) Pecuniary damages recovered by or on behalf of the Commonwealth for the destruction of, loss of, or injury…

Regulations. DLNR shall promulgate rules and regulations to implement the provisions of this Act. Source: PL 20-79 § 3 (Nov. 2, 2018).

Definitions. For the purposes of this chapter, unless the context clearly indicates otherwise: (a) “Agreement” shall mean any agreement pertaining to the Commonwealth Mitigation Bank entered into by the CNMI and the United States Fish and Wildlife Service; (b) “Bank” shall mean t…

Authorization to Establish the Commonwealth Mitigation Bank. The establishment of the Commonwealth Mitigation Bank is hereby authorized under the management and control of the Department of Lands and Natural Resources and pursuant to such terms and conditions as may be agreed upo…

Purpose of the Bank. The bank will consist of designated public lands owned by the Commonwealth government that will be preserved in perpetuity for wildlife conservation and managed to enhance habitat functions for targeted endangered and threatened species. The bank shall initia…

Management of the Protected Areas. The Commonwealth, through the Department of Lands and Natural Resources, shall protect, maintain and manage the protected areas in perpetuity in accordance with this chapter, with any agreement between the CNMI and the United States Fish and Wil…

Operation of the Bank. (a) The bank’s habitat functions may be quantified as “credits” which are sold or “debited” when regulators require compensation for authorized losses of similar wildlife functions. When the Commonwealth regulatory agencies and USFWS determine that the degr…

Revolving Fund. (a) There is hereby created the Commonwealth Mitigation Bank Revolving Fund (“revolving fund”), which shall be segregated from and accounted for separately from the General Fund. The revolving fund shall be established as an interest bearing trust account which, c…

Closure of Bank. In the event that there are no available credits in the bank, as determined by the secretary, and required measures have been taken by the Commonwealth government with respect to enhancement actions, long term management and preservation of the protected areas, t…

Regulations. The secretary shall promulgate regulations to carry out the purposes of this chapter. Source: PL 10-84, § 4. Commission Comment: The provisions of the Administrative Procedure Act which deal with the promulgation of regulations are found at 1 CMC § 9101 et seq. PL 10…