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DLNR tasked to protect CNMI’s uninhabited isles
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Posted on Jan 11 2005
Gov. Juan N. Babauta has signed a bill into law giving the Department of Lands and Natural Resources the authority over four “protected” uninhabited islands in the CNMI.
These islands include Maug, Uracas, Asuncion, and Guguan, which are specifically identified in Article 14 of the CNMI Constitution as places to be used only for the preservation and protection of natural resources, including but not limited to bird, wildlife, and plant species.
The measure, House Bill 14-56, became Public Law 14-49.
Babauta, however, said that the DLNR will not implement the law until the Legislature has amended section 2 of the measure, which, he said, actually amends “an unrelated section of the CNMI Code—Chapter 13 of Division 2, Title 1 of the Commonwealth Code.
Section 2, he said, should have been drafted as an amendment to the applicable provisions set forth in 1 CMC section 2653.
Babauta said the administration has consulted the Law Revision Commission, which, he said “did not believe it was within their statutory authority to make a revision or correction to an enacted Public Law that would require them to rewrite a section of that Public Law.”
“I have decided after careful deliberation, however, to sign this measure into law. Also to address certain concerns…I will instruct the DLNR not to proceed with the implementation until such time as the Legislature introduces and passes legislation to amend Section 2. This will remove any uncertainty caused by the fact the amendments contained herein will not be officially codified within that provision of the code setting forth the specific duties and responsibilities of DLNR,” said Babauta.
