AG: People should read proposed regs carefully

Attorney General Edward Manibusan is urging marine operators to thoroughly review Department of Public Land’s proposed amendments to the rule and regulations for commercial use of Mañagaha Island.

For the past few weeks, local marine operators have vocally expressed their opposition to DPL’s proposed amendments to the current rule and regulations governing the commercial use of Mañagaha.

Marine operators believe that the proposed amendments only benefits master concessionaire Marianas Global Inc. and does not bode well for local doing business on Mañagaha.

However, in an interview with Manibusan, he said the proposed amendments also accommodate local marine operators and urges them to read the proposed changes thoroughly.

“People should read [the proposed amendments] carefully because basically we’re just trying to ensure that [Marianas Global] is given the opportunity to do their business as a concessionaire while also accommodating the rest of the marine operators,” he said.

Nevertheless, Manibusan said marine operators should continue to submit their comments to DPL as the amendments will not be implemented without thorough review of public comments.

“I think there is ample time for comments and should comments come out in favor or there’s an issue, the proposed regulations can always be amended to make accommodations. Right now, this is still in the comment period,” he said.

“I know there’s a lot of emotional issues because [marine operators] believe that their businesses will be taken away. I think, as we go through the process and review the comments, we will be able to consider the comments. Again, these are just proposed regulations and will not be implemented until all comments are reviewed thoroughly,” Manibusan added.

According to a statement from DPL’s David Sablan last week, DPL has proposed to amend the Commercial Use of Mañagaha Island Rules and Regulations pursuant to the procedures of the Administrative Procedure Act.

Specifically, the proposed amendments would restrict the consumption of outside food and beverages in the Exclusive Concession Area; restrict certain personal floatation devices in the Designated Swimming Zone; and further define the type of “commercial activity” that may be provided by the main concessionaire and a limited number of sub-concessionaires mutually agreed by DPL and the concessionaire.

“DPL’s Commercial Use of Mañagaha Island Rules and Regulations currently provide that all commercial activity, including conveniences such as food, beverages, recreational equipment, and the like, shall only be provided by the main concessionaire and a limited number of sub-concessionaires, and allow outside food and beverages brought in by visitors for personal consumption. In addition, the regulations do not currently address the use of personal floatation devices. However, Section 16(A) of the Mañagaha Island Master Concession Operator Agreement requires the concessionaire to indemnify and hold harmless DPL for any injuries or losses which occur in the Exclusive Concession Area or which arise out of or in connection with any activities under the agreement, including the provision of lifeguard services. Revising the regulations to restrict outside food and beverages in the ECA and to restrict personal floatation devices used in the Designated Swimming Zone to those provided by the concessionaire will allow the concessionaire to exercise greater control over activities occurring in the ECA and for which the concessionaire is liable,” said Sablan.

In addition, Sablan says that the current regulations provide that commercial competition on Mañagaha Island will be eliminated and provide that the concessionaire has the exclusive right to operate all commercial concessions, and to conduct all tours of the island and from the island but does not clearly define the scope of commercial activity and concessions included in this right.

“Revising the regulations will clarify that this exclusive right to conduct or operate any tour or activity on the island or departing from the island includes but is not limited to underwater and surface water activities,” he said.

Ultimately, Sablan explains, the intent of this amendment is to further define the type of commercial activity the concessionaire and a limited number of sub-concessionaires may perform.

“Section 145-30-101 of the Commercial Use of Mañagaha Island Rules and Regulations already states that this includes the right to conduct all tours of and from the island, and to operate surface water sports, i.e., parasailing, banana boat ride, pedal boat, power boat lagoon cruises, windsurfing, canoe rentals, canoe tours, kayak tours; and underwater sports, i.e., SCUBA diving, SNUBA diving, snorkeling, BOB, and sea walker-type tours. The proposed amendment will clarify that picking up tourists from the island to conduct these activities is considered commercial activity and prohibited. The proposed amendment further clarifies that whether the commercial activity was a package deal that originated in Saipan to Mañagaha Island, or departs from Mañagaha to Saipan, this type of activity will be restricted,” he explained.

Furthermore, DPL said marine sport operators will be restricted from picking up a visitor from Mañagaha Island for the purpose of any intended surface or underwater sport activity, unless the marine sport operator(s) has a valid sub-concessionaire agreement that was mutually agreed upon by DPL and the concessionaire.

“The existing regulations do not give the exclusive concessionaire the exclusive right to provide transportation to the island, and the proposed amendments would not change that. As a result, the proposed regulation would not prohibit local residents from hiring boats or using personal transportation, and would not prohibit tour providers from arranging transportation between Saipan and Mañagaha (as long as the transportation does not include a marine sport activity),” said Sablan.

Sablan said DPL is hopeful that the explanations on these proposed amendments may alleviate some of the misconceptions regarding the impact of the proposed amendments in particular the impact on local residents’ use of the island for non-commercial purposes.

DPL has scheduled public hearings regarding the proposed amendments on Aug. 16, 2024 at 5:30pm, and Aug. 19, 2024 at 5:30pm, both days would be held in the DPL’s conference room, 2nd Floor, Joeten Dandan Commercial Building.