House panel hearing on proposed DLNR-Sea Touch submerged land lease draws support

All testimonies that the House Committee on Natural Resources received Friday night on a proposed submerged land lease between the Department of Lands and Natural Resources and Sea Touch Saipan LLC were in support of the $1.125-million shark and stingray marine park project. However, the committee will still deliberate on the proposed submerged land lease of $12,000 a year before recommending to the full House of Representatives its approval or rejection.

The proposed submerged lands project area covers some 4,575 square meters by the Fiesta Resort & Spa beach in Garapan.

Biologist John Gurley, left, answers a question from members of the House Natural Resources Committee Friday night on Capital Hill regarding a proposed submerged land lease agreement for a $1.125-million shark and stingray marine park project. Looking on are House Speaker Joseph Deleon Guerrero (Ind-Saipan) and Department of Lands and Natural Resources Arnold Palacios, right. (Haidee V. Eugenio)

Saipan Sea Touch plans to build temporary holding pens for the sharks and stingrays, and a floating walkway on the shallow waters fronting the hotel.

If approved by the Legislature, the lease would be for five years. The lease may be renewed for up to an additional 20 years, with each renewal term of up to five years.

Among those who appeared on Capital Hill for the 5pm to 6pm public hearing on House Bill 18-198 were David Rosario of the Bureau of Environmental and Coastal Quality, Saipan Chamber of Commerce president Alex Sablan, tourism professional Ivan Quichocho of Tan Holdings, marine sports operator Manuel Alvarez, and Tan Holdings legal counsel Vince Seman. The committee also received written testimony from Marianas Visitors Authority managing director Perry Tenorio.

Rep. Ray Tebuteb (Ind-Saipan), a committee member, said they acknowledge the public support for the project but he would like a committee-level deliberation focusing on the proposed lease itself, not the marine tourism project as a whole.

Rep. John Paul Sablan (Cov-Saipan), acting committee chairman, said the panel plans to have a separate meeting with the members of the Division of Coastal Resource Management board, including BECQ, DLNR, Department of Commerce, Historic Preservation Office, Department of Public Works, and Commonwealth Utilities Corp.

Sea Touch director of special projects Troy Williams introduced the project and answered some questions from lawmakers through telecommunication, because Williams’ flight to Saipan via Cape Air/United Airlines was cancelled Friday.

BECQ’s Rosario read the testimony of the bureau’s administrator, Frank R. Rabauliman, during the public hearing. He said Sea Touch submitted a major siting permit application on Nov. 20, 2013, to the DCRM board for review and approval, for a shark and stingray marine park within the lagoon fronting Fiesta Resort & Spa in Garapan.

The DCRM board, which consists of a handful of environmental and other regulatory agencies, approved the Sea Touch application on Feb. 11. The bureau also noted “overwhelming support” from the public and businesses during a Jan. 21 public hearing.

MVA’s Tenorio, in his July 16 letter to the House Natural Resources Committee, applauded House Speaker Joseph Deleon Guerrero (Ind-Saipan) for introducing HB 18-198 which, when approved, “will allow Sea Touch Saipan to offer a special attention and activity for both visitors and local residents to enjoy.”

“The unique opportunity to interact and play with marine creatures will play an important role in the MVA’s overall promotion of the Northern Marianas. In this regard, we support the intent of this legislation,” Tenorio told the committee.

Those who testified in person on Friday night essentially echoed MVA’s statement.

House committee members also took turns posing questions to DLNR Secretary Arnold Palacios at the public hearing. At one point, Rep. Roman Benavente (Ind-Saipan) posed a question to biologist John Gurley, who disclosed that he’s working with Sea Touch. Gurley, in response to Benavente’s question, said he doesn’t believe there would be any adverse environmental impacts in the area.

The Legislature has exclusive right to approve, disapprove, or modify the provisions of any development lease or water-dependent use of submerged lands, and all leases are required to be approved by law.

On June 30, DLNR’s Palacios submitted to the House and Senate for their review and approval the terms and conditions of DLNR’s submerged lands lease agreement for Sea Touch. Palacios recommends approval of the proposed land lease deal. The speaker introduced HB 18-198, which seeks to approve the lease agreement.