DPL allegedly proposed 100% exclusive control to Marianas Global

Local marine operators are fighting against the new rules and regulations for the commercial use of Mañagaha Island that is set to be implemented in August as it essentially gives exclusive control of the island to master concessionaire Marianas Global Inc.

According to a map included in the Department of Public Lands’ proposed changes to the rules and regulations governing the commercial use of Mañagaha Island, currently, a large chunk of the island is already designated the “exclusive concessionaire area” or ECA which gives Marianas Global 100% control of said area.

However, local marine operators expressed that with the new rules and regulations proposed by DPL, Marianas Global would have control of the entire island giving them the authority to ban food from entering the island, ban marine operators from servicing tourists on Mañagaha, and authority to ban the use of floating devices brought into the island.

“[DPL is] saying that we are at the mercy of Marianas Global. The map shows the area inside the red line that they lease from DPL. Now they say they have rights to the entire island. Please help us say ‘NO’ to these changes because if we don’t fix it now, Mañagaha will be at the hands of an outsider who has absolutely no respect for our people and our culture,” said a local marine operator on social media.

In a letter addressed to DPL Secretary Terry Santos from Elsa Duenas-Nieto, owner of the local marine sports operator Captain Nite’s Boat Charter, LLC, she said she strongly opposes DPL’s proposed changes as Mañagaha belongs to the people and must be shared with the people.

“I am writing this letter in opposition to the proposed changes to the rules and regulations governing commercial activity on Mañagaha that will be implemented next month. We are legitimate businesses, we pay our taxes, we have our permits, and we have a right to stay. This ocean belongs to all of us. Mañagaha can be shared by the people because it belongs to the people,” she said.

Duenas-Nieto explains that the map provided by DPL to marine operators clearly indicated that the leased area does not extend out to the dock which is the starting point for most of the marine sports activities.

“Marianas Global can be exclusive all they want within the red line. Everything outside is open territory. And there is already a rule that solicitation on the island is prohibited. That is clear. [However] a few months ago [DPL] banned food and drinks from Saipan and DPL rangers were confiscating them from the tourists at the dock upon arrival. Do you even have the authority to search their bags? Maybe that’s a question for the Attorney General’s Office. Some customers came back earlier than scheduled because they were hungry and dehydrated because there was no food concessionaire out there. Why take it away if you had nothing to offer? There is your liability right there,” she said.

As for outside marine sport companies, Duenas-Nieto expressed that activities don’t affect Marianas Global or DPL at all.

“[DPL] will ban outside marine sports companies from doing business on Mañagaha. We do our business out on the ocean and not on the island. The Mañagaha dock is the pickup and drop off point only. Liability usually happens on the island, in the swimming zone, and around the island. I don’t see how our activities affect Marianas Global or DPL unless injuries and accidents happen because of their negligence to provide safety measures while on the island. Anytime injuries or accidents happen to our customers while in our hands, it is our liability and responsibility,” she said.

Duenas-Nieto, in her letter, also notes that since Marianas Global took over Mañagaha, operators have witnessed several violations of CNMI regulations and even laws

“From land clearing without permits, parasailing without [Coastal Resources Management] permits, anchoring floating huts into seabeds without permits, and I could go on and on. Not to mention delayed salaries, violation of labor laws, and unpaid services to vendors who provided services to them. Just unethical and unprofessional behavior and absolutely no remorse for their actions,” she said.

Duenas-Nieto added that DPL should draw a line for Marianas Global in terms of the many alleged violations.

“So, to DPL, when and where do you draw the line? People are obviously going to oppose this so called bogus and ridiculous proposed changes because again, it only benefits Marianas Global and DPL and not the people. And now they want to be exclusive? Now you want to give them more power to control the island. To ban outside food and drinks, to ban other marine sports operators and to choose (other brand) floating devices that are not U.S. Coast Guard-approved for their swimmers,” she said.