TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES

Chapter 30.2. TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES SUBCHAPTER 85-30.2 SMILING COVE MARINA RULES AND REGULATIONS Part 001 General Provisions § 85-30.2-315 Emergency § 85-30.2-000 Definitions Moorings § 85-30.2-001 Authority and § 85-30.2-320 Unattended Purpose Vessels During Storm Conditions § 85-30.2-005 Application and § 85-30.2-325 Marina Manager’s Scope Authority § 85-30.2-330 Non-tenant Storm Part 100 Selection of Leases and Condition Permit Procedures Permits for Berthing Slips § 85-30.2-335 Non-Tenant Storm § 85-30.2-101 Lease or Permit Condition Permit Fees Required for Tenancy in Smiling Cove Marina Part 400 Convenience Dock § 85-30.2-105 Categories of § 85-30.2-401 “Convenience Vessel Exclusions Dock” Defined § 85-30.2-110 Categories of § 85-30.2-405 Commercial Exclusion for Leases Vessels Prohibited § 85-30.2-115 First Come-First § 85-30.2-410 Use of Served Priority Convenience Dock § 85-30.2-120 Grant of Berthing or Mooring Lease Part 500 Visiting Vessels § 85-30.2-125 Security Deposit § 85-30.2-501 “Visiting Vessel” § 85-30.2-130 Mooring Permits Defined § 85-30.2-135 Location of § 85-30.2-505 Procedure Upon Moorings Entry § 85-30.2-140 Restriction on § 85-30.2-510 Fees for Visiting Moorings Vessels § 85-30.2-515 Maximum Stay Part 200 Berthing and Mooring Permitted Fees § 85-30.2-201 Fees for Berthing Part 600 Special Events Slips § 85-30.2-601 “Special Events” § 85-30.2-205 Mooring Location Defined and Fees § 85-30.2-605 Permit Required § 85-30.2-210 Delinquency Part 700 Leases and Permits Part 300 Typhoons and Tropical § 85-30.2-701 Cancellation Storms § 85-30.2-705 Impoundment of § 85-30.2-301 “Storm Vessel upon Cancellation of Lease or Conditions” Defined Permit § 85-30.2-305 Typhoon § 85-30.2-710 Reconsideration Contingency Plan of Evicted Lessees or Permittees § 85-30.2-310 Temporary Lifting § 85-30.2-715 Reassignment of of Exclusions During Storm Conditions Slips © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 1 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES § 85-30.2-720 Non- § 85-30.2-836 Maintenance of Transferability of Lease Marina § 85-30.2-725 Sale of Vessel § 85-30.2-838 Alteration of § 85-30.2-730 Partnerships and Docks Corporations § 85-30.2-840 Nuisance § 85-30.2-735 Absence from § 85-30.2-842 Guests Aboard at Slips Night § 85-30.2-740 Temporary Slip § 85-30.2-844 Noise Permit § 85-30.2-846 Articles and § 85-30.2-745 Waiver of Claims Equipment Left on Dock Part 800 General Regulations Part 900 Parking Area § 85-30.2-801 Application § 85-30.2-901 “Parking Lot” § 85-30.2-802 No Commercial Defined Use of Slips § 85-30.2-905 Use Restrictions § 85-30.2-804 Storage on Docks § 85-30.2-910 Risk of Use § 85-30.2-806 Fenders on Dock § 85-30.2-808 Movement of Part 1000 Enforcement Vessels in Marina § 85-30.2-1001 Effect of § 85-30.2-810 Speed Within the Regulations on Lease and Permits Marina § 85-30.2-1005 Enforcement of § 85-30.2-812 Toilet Usage Regulations § 85-30.2-814 Mooring of a § 85-30.2-1010 Discretion of the Vessel Marina Manager in Removing Applicants § 85-30.2-816 Maintenance from Waiting List Work on Vessel § 85-30.2-1015 Nature of Lease § 85-30.2-818 Garbage and and Permit Littering § 85-30.2-820 Fire Safety Part 1100 Fines § 85-30.2-821 Fueling Within the § 85-30.2-1101 Fines SCM § 85-30.2-1105 Opportunity to § 85-30.2-822 Dumping of Contest Imposition of Costs Hazardous Substances § 85-30.2-824 Swimming Part 1200 Miscellaneous § 85-30.2-826 Fishing Provisions § 85-30.2-828 Visitors § 85-30.2-1201 Severability § 85-30.2-830 Small Children on § 85-30.2-1205 Supersedure Docks § 85-30.2-832 Obstructions Exhibit A-1 Placed in Water Exhibit A-2 § 85-30.2-834 Signs Subchapter Authority: 1 CMC § 2654; PL 6-13 § 3. Subchapter History: Amdts Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Amdts Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); 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. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 2 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES 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 § 85-30.2-000 Definitions (a) Berth: Refers to the SCM dock slips within Dock A to Dock G where the vessels are permitted to be anchored. (b) Berthing: is the mooring of a vessel within an allotted space at the Smile Cove Marina dock facility. (c) Marina Manager: is the person designated by the Director of Fish and Wildlife to manage the day-to-day operations of the marina. This person is also referred to as the Boating Access Program Supervisor. (d) Mooring: is the lassoing, tying, or otherwise securing the vessel to affixed object such as mooring buoy and mooring anchor, rather than securing an anchor on allotted space within the SCM dock facility. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 3 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (e) SCM Dock Slips: is defined as the agency-issued berthing slips from A to G dock as well as the designated mooring locations within the Smiling Cove Marina boundary. (f) Tenant Vessels: are vessels for which a valid berthing or mooring lease has been issued. Modified, 1 CMC § 3806(g) History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024). § 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-005 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.” © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 4 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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. Exhibits A-1 and A-2 were not attached to the 2024 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) Berthing and Mooring: No vessel shall be permitted to be berthed at the SCM dock without a lease approved by the Director of Fish & Wildlife after consulting with the Marina Manager. This includes government and non-government-owned vessels that are also required to pay berth fees. Exemptions may be authorized by the Director of Fish & Wildlife in consultation with the Marina Manager. (b) Moorings: No vessel shall be permitted to be moored in the waterways of Smiling Cove Marina as stated in § 85-30.2-101(a), 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 or mooring lease has been issued. (d) Other Permits: The Marina Manager, at their discretion and judgment, shall be allowed to issue temporary berthing permits at SCM dock slips pursuant to § 85-30.2-740 upon availability of SCM dock slips. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-105 Categories of Vessel Exclusions Except as provided for in part 300 of this subchapter, the following vessels may be granted leases, issued permits, or be allowed to berth on any dock or moor within the waterways of Smiling Cove on a case by case basis as determined by the Director of Fish & Wildlife: © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 5 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (a) Commercial Vessel. A vessel engaged in the commercial carriage of passengers, including by not limited to sport fishing boats, Managaha transfer boats and parasailing tow boats; vessels may only be allowed to lease a berthing slip on a month-to-month basis after all non-commercial priority berthing slip requests are satisfied. (b) Vessels as a Place of Abode. A vessel is deemed to be a live 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. (c) Unseaworthy Vessels. Means that a vessel is not able to operate on its own power, inoperable electrical systems, is in the state of deterioration, it is not water tight (bilge pump not working), and is not navigable. Additionally, if the vessel, or any of its parts or equipment, is not reasonable fit for its intended purposes, the Lessee/Permittee, or the Applicant must demonstrate seaworthiness to the SCM management prior to permit or lease approval. At anytime during the permit or lease period, the SCM management reserves the right to request, the Lessee/Permittee, or the Applicant to demonstrate the permitted vessel maintains seaworthiness. Failure to allow such request for the SCM Management is subject to revocation of existing permit. Modified, 1 CMC § 3806(g). History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-110 Categories of Exclusion for Leases No vessel shall be granted a lease for berthing and mooring at the SCM Dock Slips within any of the categories listed in § 85-30.2-105 and in addition to the following: (a) Unregistered or Undocumented Vessel. A vessel must have either current CNMI registration or U.S. Coast Guard documentation. (b) Unseaworthy Vessels. Means that a vessel is not able to operate on its own power, inoperable electrical systems, is in the state of deterioration, it is not water tight (bilge pump not working), and is not navigable. Additionally, if the vessel, or any of its parts or equipment, is not reasonable fit for its intended purposes, the Lessee/Permittee, or the Applicant must demonstrate seaworthiness to the SCM management prior to permit or lease approval. At anytime during the permit or lease period, the SCM management reserves the right to request, the Lessee/Permittee, or the Applicant to demonstrate the permitted vessel maintains seaworthiness. Failure to allow such request for the SCM Management is subject to revocation of existing permit. (c) Minimum Length. A vessel with a length overall (LOA) of less than fifteen feet. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 6 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (d) Maximum Beam. A vessel with a beam greater than fifteen feet (15’). 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, couples, corporation, partnership, joint venture or other legal entity. (g) 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. (h) Deep Draft Vessels. Vessels with a draft deeper than eight feet are “deep draft vessels.” (i) 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. (j) 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(g). History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-115 First Come-First Served Priority The SCM dock slips shall be recommended by the Marina Manager and assigned by the Division of Fish & Wildlife Director according to first come-first served priority, recognizing an absolute priority preference for recreational vessels. Vessels shall be matched to slip sizes so as to maximize useable berthing space and not restrict maneuverability. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 7 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-120 Grant of Berthing or Mooring Lease Upon selection for the grant of a lease, an applicant shall have ten days to complete the berthing or mooring 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 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-125 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). § 85-30.2-130 [Deleted] [Deleted.] History: 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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 [Deleted] © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 8 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES [Deleted.] History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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 [Deleted] [Deleted.] History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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: $3.50perfoot.(2)Vessels29.1feetto44.0feetinlength:$5.50 per foot. (3) Vessels 44.1 feet or greater in length: $8.00perfoot.(b)VesselsInvolvedinCommercialActivities(1)Vessels29.0feetorlessinlength:$5.00 per foot. (2) Vessels 29.1 feet to 44.0 feet in length: $8.00perfoot.(3)Vessels44.1feetto60feetinlength:$10.00 per foot. (4) Vessels 60.1 feet and greater in length: $15.00perfoot.History:Adopted46Com.Reg.51464(Nov.15,2024);Proposed46Com.Reg.51346(Oct.15,2024);Adopted28Com.Reg.26409(Dec.29,2006);Proposed28Com.Reg.26231(Oct.30,2006);Adopted25Com.Reg.21401(Sept.18,2003);Proposed58Com.Reg.20399(July15,2003);Adopted14Com.Reg.9633(Sept.15,1992);Proposed14Com.Reg.9338(July15,1992);Emergency14Com.Reg.9327(effectivefor120daysfromJuly13,1992).\S 85-30.2-205MooringLocationandFeesThefollowingfeesshallbeassessedlesseesassignedmooringfees,onamonthlybasis:(a)Non-CommercialActivityVessels(1)Vessels29.0feetorlessinlength:$2.50 per foot. (2) Vessels 29.1 feet to 44.0 feet in length: $4.50perfoot.(3)Vessels44.1feetorgreaterinlength:$7.00 per foot. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 9 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). § 85-30.2-310 Temporary Lifting of Exclusions During Storm Conditions © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 10 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES In the event of storm conditions, vessels excluded from Smiling Cove Marina under § 85- 30.2-105(a), § 85-30.2-105(b), § 85-30.2-105(c), § 85-30.2-105(d), and § 85-30.2-105(g) may enter berth 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 be berthed or moored 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 giving of the “all clear” signal. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-315 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. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 11 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (h) The Secretary of Lands and Natural Resources at the recommendation of the Marina Manager and the concurrence of the Director of Fish and Wildlife may refuse any vessel from entering the SCM and the transient dock to moor or berth under this section. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-320 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-325 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 tropical storm condition 1 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 tropical storm condition 1 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.] © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 12 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (g) [Reserved.] History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). § 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). § 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)Vessels31feetto40feetinlength:$55.00 © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 13 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (d) Vessels 41 feet to 50 feet in length: $60.00(e)Vesselsover51feetinlength:$65.00 (f) Vessels at anchor: $30.00. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). Part 400 - Convenience Dock § 85-30.2-401 “Convenience Dock” Defined The “convenience dock” is marked on exhibit “A” as the dock due north of the launching ramp. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-405 Commercial Vessels Prohibited Commercial vessels are prohibited from using the convenience dock. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-410 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. The convenience dock may also be used by visiting vessels pursuant to § 85-30.2-740 Modified, 1 CMC § 3806(g). History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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 500 - Visiting Vessels © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 14 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES § 85-30.2-501 “Visiting Vessel” Defined A “visiting vessel” is a vessel registered outside of Saipan or documented with a home port other than in Saipan whose owner is neither a resident of Saipan and which will remain on Saipan for less than fourteen days. Modified, 1 CMC § 3806(g). History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-505 Procedure Upon Entry (a) Visiting vessels that visit from outside of the Commonwealth must clear various government inspections, such as CNMI Customs & Bio-security, DFW Brown Tree Snake Interdiction Section, and U.S. Customs Border Patrol. 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) All visiting vessels who originated from Guam must clear the DFW Brown Tree Snake Interdiction Inspection prior to disembarking the vessel or off-loading any cargo, goods, or materials. No cargo, goods, or materials, may be off-loaded from the vessel without getting clearance from the DFW Brown Tree Snake Interdiction Section. (c) 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(g). History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-510 Fees for Visiting Vessels The following fees shall be collected daily from visiting vessels for berthing in Smiling Cove Marina: © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 15 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (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: $4.00perday(2)Vessels29.1feetto44.0feetinlength:$8.00 per day (3) Vessels 44.1 feet or greater in length: $12.00perday.History:Adopted46Com.Reg.51464(Nov.15,2024);Proposed46Com.Reg.51346(Oct.15,2024);Adopted28Com.Reg.26409(Dec.29,2006);Proposed28Com.Reg.26231(Oct.30,2006);Adopted25Com.Reg.21401(Sept.18,2003);Proposed58Com.Reg.20399(July15,2003);Adopted14Com.Reg.9633(Sept.15,1992);Proposed14Com.Reg.9338(July15,1992);Emergency14Com.Reg.9327(effectivefor120daysfromJuly13,1992).\S 85-30.2-515MaximumStayPermittedAvisitingvesselmaystayonlyaslongaspermittedbytheMarinaManagerandinnoeventlongerthan14dayspermonth.History:Adopted46Com.Reg.51464(Nov.15,2024);Proposed46Com.Reg.51346(Oct.15,2024);Adopted28Com.Reg.26409(Dec.29,2006);Proposed28Com.Reg.26231(Oct.30,2006);Adopted25Com.Reg.21401(Sept.18,2003);Proposed58Com.Reg.20399(July15,2003);Adopted14Com.Reg.9633(Sept.15,1992);Proposed14Com.Reg.9338(July15,1992);Emergency14Com.Reg.9327(effectivefor120daysfromJuly13,1992).Part600-SpecialEvents\S 85-30.2-601“SpecialEvents”Defined“Specialevents”includeuseoftheSmilingCoveMarinafacilitiesforeventsincluding,butnotlimitedto,fishingderbiesandholidaycelebrations,hostedbyaperson,acompany,anon-profitorganization,oragovernmentagency.Marinafacilitiesinclude,butarenotlimitedto,berthingdocks,launchingramp,trashbins,weighstation,conveniencedock,parkingarea,waterfacilities,andchannelaccess.History:Adopted46Com.Reg.51464(Nov.15,2024);Proposed46Com.Reg.51346(Oct.15,2024);Adopted28Com.Reg.26409(Dec.29,2006);Proposed28Com.Reg.26231(Oct.30,2006);Adopted25Com.Reg.21401(Sept.18,2003);Proposed58Com.Reg.20399(July15,2003).\S 85-30.2-605PermitRequiredSponsorsofspecialeventsarerequiredtoapplyforapermitfromtheMarinaManagerforthespecialevent.Applicationwillbemadeinwriting,onaformsuppliedbytheMarinaManager.Anon-refundablefeeof$100.00 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 16 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES 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]. (4) Non-compliance of previous special event permit conditions. (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 can include transmittal via email or 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-705 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. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 17 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (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: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-710 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). § 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. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 18 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-720 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 19 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-730 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-735 Absence from Slips © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 20 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-740 Temporary Slip Permit The Marina Manager in consultation with the Director of DFW may issue temporary permits to occupy and use vacant or unassigned slips for the following activities: (a) Visiting Vessels as defined in § 85-30.2-501; (b) Non-Tenant vessels requiring temporary berthing at the SCM dock slips to repair their trailers; (c) Recreational vessel who is seeking to berth or moor in the SCM dock slip for less than one year. Modified, 1 CMC § 3806(g). History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-745 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: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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 800 - General Regulations © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 21 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES § 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-802 No Commercial Use of Slips No slip or dock structure within the Smiling Cove Marina shall be used for commercial purposes. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-804 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: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-806 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 22 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES § 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-810 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-812 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: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 23 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES 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). § 85-30.2-814 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 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-816 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-818 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. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 24 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-820 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 shall be permitted within the Smiling Cove Marina unless concurred by the Director of Fish and Wildlife and approved by the Secretary of Land and Natural Resources pursuant to § 85-30.2-821. (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(g). History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-821 Fueling Within the SCM Fueling within the Smiling Marina premises shall be restricted and limited to community events or Transient Vessels with the following special conditions: © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 25 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (a) Request and Approval: All community events shall submit a written request 15 working days to the Director of Division of Fish and Wildlife prior to the event for review and concurrence to authorize fueling at the Smiling Cove Marina; (1) The Director of Fish and Wildlife shall review and forward his determination (concurrence or non-concurrence) to the Secretary of Land and Natural Resources within 5 working days upon receipt of a written request from the event official. (2) The Secretary of Lands and Natural Resources shall make his determination within 5 working days upon receipt of the Director’s determination; (3) With the concurrence of the Director of Fish and Wildlife and the approval of the Secretary of Lands and Natural Resources, the Director of Fish and Wildlife shall issue a permit to authorize fueling at the SCM premises with the following Special Conditions and Guidelines. (b) Special Conditions and Guidelines: (1) Allowable Period: Fueling shall be allowed temporarily and will be outlined within the permit conditions period 5 days prior to the event and 3 days after the event. (2) The event applicant/designated representative must secure all other pertinent permits required to fuel their vessels. (3) Location for Fueling: Fueling may be allowed only at the SCM Convenience Dock (Dock A). No fueling at anytime shall be allowed within Dock B to G at the SCM. (4) Allowable Gas Containers: No greater than 15 gallons capacity. The gas container can be metal and polyethylene safety cans equipped with a no-spill spout. (i) Gas containers must not have excessive rust, dents, gouges, or cuts on its surface. (ii) The spout must not have any cracks and tightly fit to prevent any leak. (5) Safety Measures Before Fueling: (i) Secure the vessel transporting fuel to the vessel; (ii) When transporting gas container to your boat, walk slowly, watch your step, and do not rush; (iii) Must have a fire extinguisher on your boat during fueling; (iv) Tuff off engine(s), electronics, and extinguish all open flames; (v) Close all ports, windows, doors and hatches; (vi) Make sure your container is comfortable to carry, hold and balance; (vii) Take your time in fueling, do not rush fueling your boat, go slowly, pour deliberately and watch your container, especially the nozzle mechanism, for signs of leak; (viii) Ensure the nozzles stay in contact with the tank opening at all times; (ix) Use a buddy system if the container is too heavy; (x) Use absorbent pad under the container; (xi) Don’t top off your tank. Know how much fuel your tank holds and fill it to about 90%. (xii) Treat your fueling operation with care, avoid having too many people around while fueling your boat; (xiii) No smoking on the boat. (6) Safety Measures After Fueling: (i) Close all openings, i.e., boat fuel tank and gas containers; (ii) Wipe out all spilled fuel; © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 26 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (iii) Permit vessels to ventilate for at least 5 minutes before opening ports, windows, doors and hatches; (iv) Check to ensure that there are no fuel fumes in the bilges or below deck spaces before starting machinery or lighting fires. (7) Prohibited Fueling Activity: (i) At no time will any fueling be allowed. Fueling activity is strictly prohibited unless permitted. (8) Accidental Fuel Spills into the Water: (i) Immediately stop any fueling activity; (ii) Stop any smoking around and near the spill area; (iii) Immediately report the fuel spill to the event officials and to the Division of Fish and Wildlife at (670) 664-6000/(670) 664-6080/(670) 483-6261 and the Smiling Marina Management at (670) 323-6070/(670) 783-7261; (iv) Contain the spill fuel using absorbent pads; (v) Any spill activity shall be reported to the USCG, BECQ and DFW. (9)* Modified, 1 CMC § 3806(g).

• So in original. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024). § 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: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Adts Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-824 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: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003); Adopted 14 Com. Reg. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 27 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES 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). § 85-30.2-826 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-828 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 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-830 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 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-832 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-834 Signs © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 28 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-836 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-840 Nuisance © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 29 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-842 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 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-844 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: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-846 Articles and Equipment Left on Dock [Repealed.] History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). Part 900 - Parking Area § 85-30.2-901 “Parking Lot” Defined © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 30 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES The paved parking area adjacent to and immediately south of the docks at Smiling Cove Marina is referred to herein as the “parking lot.” History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-905 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-910 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: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 31 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-1005 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-1010 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 © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 32 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-1015 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: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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 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: $4.00perlinearfootperday.(b)Impoundedvessel:(1)$25.00 per week for vessels from 20 feet to 30 feet in length; (2) $50.00perweekforvesselsfrom31feetto45feetinlength;and(3)$75.00 per week for vessels over 45 feet in length. (c) Trailer removal: $25.00pertrailer.(d)Vesselremoval:(1)$50.00 per vessel from 20 feet to 30 feet in length; (2) $100.00pervesselfrom31feetto45feetinlength;and(3)$250.00 per vessel over 45 feet in length. (e) Illegal parking: $25.00perday.(f)Unauthorizedsigns:$10.00 per sign after warning to remove it. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 33 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES (g) Unauthorized persons on dock: $10.00perpersonafterwarningtoleave.(h)Articlesandequipmentondock:$50.00 per occurrence after warning to remove it. (i) Dumping of hazardous substances: $500.00 per occurrence. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). § 85-30.2-1105 Opportunity to Contest Imposition of Costs [Repealed.] History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). 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. History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); 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). § 85-30.2-1205 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. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 34 of 35

TITLE 85: DEPARTMENT OF LANDS AND NATURAL RESOURCES History: Adopted 46 Com. Reg. 51464 (Nov. 15, 2024); Proposed 46 Com. Reg. 51346 (Oct. 15, 2024); Adopted 28 Com. Reg. 26409 (Dec. 29, 2006); Proposed 28 Com. Reg. 26231 (Oct. 30, 2006); Adopted 25 Com. Reg. 21401 (Sept. 18, 2003); Proposed 58 Com. Reg. 20399 (July 15, 2003). 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. © 2024 by The Commonwealth Law Revision Commission (Nov. 15, 2024) Page 35 of 35

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Source: CNMI Law Revision Commission