[From the U.S. Government Printing Office, www.gpo.gov]
%A4 'Nal oStAT OF CO Go so /6% W -90 V 0 CftLLlEC f UN COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS COASTAL RESOURCES %czp ANAGEMENT PROGRAM. A ND T ENVIRONMENTAL DRAF %n A7., IMPACT STATEMENT The preparation of the Northern Mariana Islands Coastal Resources Management Program was financed in part by a coastal program development grant from the National Oceanic and Atmospheric Administration, under the provisions of the Coastal Zone Management Act of 1972, as amended (P.L. 92-583) CZIC COLLECTION United States Department of Commerce Draft Environmental Impact Statement and Proposed Coastal Resources Management Program for the Commonwealth of the Northern Mariana Islands COASTAL ZONE INFORMATION CENTER Property of CSC Library Prepared by: U. S . DEPARTMENT OF COMMERCE NOAA Office of Coastal Zone Management COASTAL SERVICES CENTER National Oceanic and Atmospheric 2234 SOUTH HOBSON AVENUE Administration CHARLESTON, SC 29405-2413 Department of Commerce 3300 Whitehaven Street, NW Washington, D. C. 20235 AND Coastal Resources Management Office Office of Planning and Budget Affairs Affair Office of the Governo0. Commonwealth of the Northern Office of the Governor Commonwealth of the Northern Marianna Islands Saipan, CM 96950 NOTE TO READERS: The National Environmental Policy Act (NEPA) of 1969 man- dates that an environmental impact statement be prepared as part of the review and approval process of major actions by Federal government agencies which significantly affect the quality of the human environment. The Federal action contemplated is appro- val of the Commonwealth of the Northern Mariana Islands Coastal Resources Management Program under Section 306 of the Federal Coastal Zone Management Act of 1972, as amended (CZMA). An imme- diate effect of approval is the qualification of the Commonwealth for Federal matching funds for use in administering the program. In addition, the Federal Act stipulates that Federal activities affecting the coastal zone shall be-, to the maximum extent prac- ticable, consistent with an approved management program. In keeping with the intent of the NEPA, it is the policy of the Federal Office of Coastal Zone Management (OCZM) to issue a combined draft environmental impact statement (DEIS) and program, document. This document is organized in the following manner: Part I, Introduction, was prepared by the Office of Coastal Zone Management and provides summary information concerning the Commonwealth's Coastal Resources Management Program (CRIMP). Part II, Program Development.and Description of the Proposed Action, was prepared by the Common- wealth and has been reviewed bythe Federal Office of Coastal Zone Management as a statement of the proposed,action for the purposes of NEPA. Part III, Draft Environmental Impact Statement, fulfills the remaining NEPA requirements for a DEIS and was prepared by the Office of Coastal Zone Management with the assistance of the Common- wealth. This program is of major significance to the Northern Mariana Islands as well as to the Nation and its interests in the Pacific Basin. The Coastal Resources Management Program will place the Commonwealth, which is faced with the prospects of a growing popu- lation and the needs of an expanding economy, in a better position for meeting such demands in the future without having to unneces- sarily compromise its rich natural, cultural and historic resour- ces. Also, the Federal Act's thrust, which is to provide encoura- gement and assistance to states and territories in developing their management programs, assures that the CRMP will be sensitive to the unique needs of the Commonwealth and "The Pacific Way" ethic. That these needs are met, however, in a manner which also satisfied the requirements of the national program, requires that the proposed action adequately address the following key concerns: - whether the Northern Mariana Islands CRMP is consis- tent with the objectives and policies of the national legislation; - whether the Commonwealth's management authorities are adequate to implement the program; - whether the award of Federal matching funds under Section 306 of the Federal Act will help the Common- wealth to meet those objectives; and - whether there will be net environmental gain in the Commonwealth's ability to balance the competing in- terests and environmental protection and economic development as a result of program approval and im- plementation. The Office of Coastal Zone Management has made a preliminary assessment that the responses to these concerns are positive. OCZM desires the widest possible circulation and review of this document by all interested agencies and parties in order to en- sure the fullest expression of opinion on the proposed action. In recognition of the multilingual character of the people of the Northern Mariana Islands, this preface to the document has been translated into Chamorro and Carolinian. The Office of Coastal Zone Management wishes to thank those participating in the review of the Northern Mariana Islands Program. I akto ni ma ha'alok National Environmental Policies Agency ni humuyong gi 1969, ha demamanda na debi di hu ma prepara i Environmental Impact Statement para huma eksamina yan para huma apreba para aksion siha gi programan federat anai sina ha afekta i kualidat i linala taotao tano. I aksion Federat para hu atan mauleg kao sina ma apreba i programa anai para huma manea i gui- naha gi kanton tano yan i tasi gi halom i islata Northern Marianas gi papa seksiona 306 gi akton Federal Coastal Zone Management, 1972, ni ma amenda. I seguro na resuttu yangin ma apreba i programa, sumina i Commonwealth ma nai salapi (Matching funds) para hu usa gi administrasion gi programa. I akton Federat ginagagao na todo aktividat federat ni afefekta i kanton tano yan i tasi, manu sina, mana tinattiyi i ma apreba na programa anai para hu manea i lugat. Anai para hu parehu yan i intension NEPA, areklon i ofisinan Coastal Zone Mana2ement (OCZM) na hu fan lagnus leblo, ni maha'alok draft environmental impact statement (DEIS) ya huma na dania yan dokumenton i programa. I dokumento i programa mafatinas gi este siha na manera: Gi patte numero uno, este i Introduction, ma pripara ginen i ofisinan Coastal Zon'e Management, ni ha dis kukuti i programa ni para ma manean i guinaha gi kanton tano yan i tasi. Gi patte numero dos, i ma debalamenton i programa yan diskripsion i ma propoponi na aksion, ma prepara ginen i Commonwealth ya esta ma i ina mauleg i ofisinan Coastal Zone Management komo este gui na aksion i ma propoponi hu parehu yan i intension NEPA. Gi patte numero tres, gaigi este i Draft Environmen- tal Impact Statement (DEIS), ni ha kompli i ginagagao nuhi NEPA para DEIS, ya ma prepara este ni ofisinan Coastal Zone Management yan ayudun Commonwealth. Este na programa gai siknifikanti para i Islata Northern Ma- rianas yan kontodo i nasion Amerika gi interesna para este siha na lugat gi halom tasin pasifiko. I programan na manea guinaha gi kanton tano yan i tasi (Coastal Resources Management) para hu polu i Commonwealth, ni ha-fafana problema gi papulasion taotaona yan i probleman habasan konomia, gi mauleg na posision para hu taka hafa siha na dimamanda gi mamamaila na tiempo, yan tinesesa- rio para hu distrosa i lugat siha ni gaigi kuturan i tano pot asun- ton na para hu usa este na lugat para ikonomia. Yan lokkue i Fe- deral Act-'s thrust, ni para hu ayuda i state yan territories pot para hu ma prepara i programan man manean tano, nl-esta ma asugu- ru gi halom i CRMP na humalom asunton Commonwealth yan i ma ha'alok "The Pacific Way" ethic. Ya este siha na ginagao, pumareho yan hafa lokkue ginagagao, pumareho yan hafa lokkue ginagagao nuhi'Federat. Necessario na i manera u na satisfecho i ginagagao ni programan na- sionat :@an i ma propoponi na aksion u atan mauleg este siha: kao i programa anai para uma manea i guinaha gi kanton tano yan i tasi (CPffP) gi halom i Northern Marianas pumarehu yan i areklon legislasion i nasion; kao mauleg yan sufisenti i atoridat.i Commonwealth gi anal.para hu implementa i programa. kao i ma apreban salapi Federat nuhi matching fund, gi papa seksiona 306 gi Akton Federat, pAra hu ayuda i Commonwealth ni hafa siha na objectibo para hu chogue, yan kao para hu mas mauleg resuton linalata gi halom Commonwealth yangin.malapreba i programa ya ma implementa. I ofisinan Coastal Zone Management esta mamaisin gi taotao tano, deriktod yan malgas depatamento siha gi halom i Commonwealth hafa inason niha pot i programa, anok na megai fumabobot este na programa. I ofisinan Coast al Zone Management (OCZM) malago na hu pati este na papit para havi na taotao malago na hu taitai, kosaki sina megai na taotao man na'halom hafa inas on niha pot i programa. Ma rekonisa i lenguahin natibo gi halom Northern Marianas, pues pot este, ma translada este na fino English guato gi fiho Chamorro yan Carolinian. I ofisinan Coastal Zone Management malago para hu na'hi i dangkulo na "Si Yuus Maasi" para todo hayo siha na taotao ni mananao gi para uma ina este na programa guini gi islata, Nor- thern Marianas. Ngeliir Sch6dl Aregheregh Allegh ye National Environmental Policy Act (NEPA) 1969 nge e kke arong66r towlap bwe ngere rebwe aprebai programmal federad kka e toolong 1161 alle"gh yeel nge e debi ebwe yoor awewe,ye re ghal ira bwe environmental impact-statement. Millel nge e schulong 1161 igha Federad ebwe review-li me aprebai programmal Coastal ye ebwe inifettai kkualidodul yaal lollo aramas w(5(51 fa . Fe- ffeeru'l Federad reel ebwe apprebai me ebwe amwuri proposito. Pro- a'a'ya'a"i ngaschel fa15 0 gramma ye y uw ngere saschugh me leel6mw. Mell-51 Northern Marianas Commonwealth, nge ngere emmwel ebwe ayoora sa- laapi 1101 Section 306 mereel Federad Coastal Zone Management Act (CZMA). Ngere re aprebai proposito yeel, nge Commonwealth aa emmwel ebwe ayoora Federal I-latching funds bwe rebwe ya"a"ya reel rebwe fe"e'ri programma. E bwal kke awewei mellO51 alle'gh yeel bwe Feffeeru"l Fe- derad ebwe wewelo' schagh me proposito yeel Federad raa aprebai. - Reel, Part I, Introduction, nge of' -sinal Coastal Zone Mille e feeri me bwal ayoora summary reel Commonwealth's Coastal Resources Management Pro- gram (CRMP). - Reel Part II, Program Development me awewel Akksional Federad, Commonwealth mille e feeri. - Reel Part III, Draft Environmental Impact Statement, nge bwal eew requirement mell6l alle"gh ye NEPA, Millel nge ofisinal Coastal Zone Management me Commonwealth CRM ebwe scheliir reel fferil millel. Programma yeel nge e ghi presisu ngeli Commonwealth me bwal nasional Amerika reel mengemengil reel faluw kka 11051 satil pasi- fikko. Programma ye Coastal Resources Management nge e ghatch mille ebwe fe'(@ri ngeli Commonwealth, reel igha Commonwealth as maas ssogholo' aramasal me enesesitai maas kkonomia, nge ngere,,re ayoora programma yeel nge ebwe satbai problemnal ngaschel faluw "'t 1161 r@" h kka e kke mwetteto. me saa aag Bwal eew, Federal Act's thrust, ye e ghal scheli state me territories reel rebwe feeri awewel maneyal programma kka ebwe yoor, e alughulughuw bwe CRMP nge ebwe atolongei meta kka Commonwealth e nesesitai me awewel mille re ghal ira "The Pacific Way" ethics. "Yaar scho'051 Pasifiko mwoghuttughut." Alangal millikkaal raa ayoora 11051 manera ye e wewe me meta programmal kka nasion e nesesitai. Iwe ikkaal milli- kka e presisu reel nasion ebwe wewelo" schagh: - Ngere CRMP-il Commonwealth e wewe fengel me Nation legislation; - Ngere atoridadul Commonwealth aa ghaw reel ebwe fe*-e-rl programm-al Coastal Management; iv - Ngere Federal Matching Funds 11051 Section 306 mereel Federal Act; - Ngere ebwe maas ghatchel6' ngaschel sa'a't, falu`w me ngere ngaschel saschugh, ngere raa faar aprebai. Ofisinal Coastal Zone Management aa ayoor mille re ghal ira bwe preliminary assessment -- ebwe 1:ipi meta towlap rebwe ira. Ebwa-9 bwe publiko emwuschel ebwe ayoor programa yeel. OCZM e mwuschel bwe ebwe ngalleer soghur aramas bwe eTnmwel rebwe areghi nge raa isissilong meta mengemengiir reel. Bweigha saabw eew kkapasal natibwo 1161 Northern Marianas preface yeel ra seleti mell6n kkapasal falawasch me Maralis. Ofisinal Coastal Zone Management e mwuschel ebwe ngalleer tomwoghol ghirisow reel alanger scho-o'kka re toolong reel rebwe review-li dokumento yeel. DESIGNATION Draft Environmental Impact Statement TITLE Proposed Federal Approval of the Common- wealth of the Northern Mariana Islands Coastal Resources Management Program ABSTRACT The Commonwealth of the Northern Mariana Islands has submitted its Coastal Resour- ces Management Program to the Office of Coastal Zone Management for approval. Ap- proval would permit implementation of the proposed program, allow program adminis- tration grants to be awarded to the state, and require that federal actions be consis- tent with the program. This document in- cludes a copy of the program (Part Two) @which is a comprehensive management program for coastal land and water use activities. It consists of a number of policies on diverse management issues which are enfor- ced by various Commonwealth laws, and is the culmination of several years of program development. Approval and implementation of the program will,enhance governance of the coastal land and water areas and uses according to coastal policies and standards implemented by exis- -ting Commonwealth authority. The effect of these policies and standards is to condition, restrict, or prohibit some uses in parts of the coastal zone, while encouraging develop- merit and other uses in other parts. This program will improve decision-making processes for determining appropriate coastal land and water uses in light of resource considerations and will increase predictability of public and private coastal .decisions. The program will result in some- short-term, economic impacts on coastal users but will lead to increased long-term protec- tion of and benefit from the Commonwealth's coastal resources. Federal alternatives include delaying or de- nying approval if certain requirements of the Coastal Zone Management Act have not been met. The Commonwealth could modify parts of the program or withdraw their application for federal approval if either of the above federal alternatives result from circulation of this document. APPLICANT Commonwealth of the Northern Mariana Islands Coastal Resources Management Office LEAD AGENCY U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Office of Coastal Zone Management CONTACT Mr. William Brah Acting Pacific Regional Manager Office of Coastal Zone Management 3300 Whitehaven Street, NW Washington, D.C. 20235 (202/254-7100) COMMENT PERIOD: Comments close on this Draft Environmental Impact Statement on 07 July 1980 (45-day review period) See Part VI for List of Persons and Agencies receiving tnis document. individuals receiving copies of the Draft Environmental Impact will NOT automatically receive copies of the Final Environmental Impact Statement unless specifically requested, or unless they have comments on the Draft EIS. Vi TABLE OF CONTENTS Page Note to Readers Figures and Tables vii Summary A. The Northern MarLana Islands Coastal 1 Resources Management Program B. Changes the Program will make 4 C. What the Program will not do 5 D. Areas of Controversy 6 E. Coastal Issues and Problems 7 PART I: PURPOSE AND NEED A. The Federal Coastal Zone Management Act 9 B. How the CNMI Coastal Resources Management Program 12 Meets the Requirements of the Coastal Zone Management Act PART II: DESCRIPTION OF THE PROPOSED ACTION Chapter I, Background for Planning A. Overview 14 B. Environmental Setting 17 C. Socio-Economic Setting 34 D. Institutional Setting 39 E. Problems and Issues 45 Chapter II, The CRMP Management Approach 55 Chapter III, Policies, Goals and Objectives of the CP14P 66 A. Introduction 66 B. Commonwealth-wide goals 67 C. Commonwealth-wide policies 67 Chapter IV, Areas Subject to the Management Program 84 A. The Coastal Boundary 84 B. Seaward Boundary 86 C. Excluded Areas 86 D. Areas of Particular Concern 86 Chapter V, Uses Subject to the Management Program 118 A. Major Sitings 119 B. Uses of Regional Benefit 120 C. National Interests 121 Page Chapter VI, Authorities and Organization 123 Chapter VII, Federal Consistency 140 Chapter VIII, Consultation 147 Chapter IX, Additional Planning Requirements 150 A. Shorefront Access and Protection 150 B. Coastal Energy Facilities 152 C. Shoreline Erosion/Mitigation Planning 156 D. Future Issues 161 APPENDICES 165 PART III: ALTERNATIVES TO THE PROPOSED ACTION 167 PART IV: DESCRIPTION OF THE ENVIRONMENT AFFECTED 171 PART V: ENVIRONMENTAL CONSEQUENCES 172 A. General Impacts Resulting Directly from Federal 172 Approval B. Impacts Resulting from the Commonwealth's Imple- 174 mentation of the Program 1. Socio-Economic Impacts 175 2. Environmental Impacts 181 3. Institutional Impacts 182 C. Probable Adverse Environmental Effects which 183 Cannot be Avoided D. Relationship between Short-term Uses of the En- 184 vironment and the Maintenance and Enhancement of Long-term Productivity E. Irreversible and Irretrievable Commitments of Re- 185 sources that would be Involved in the Proposed Action should it be Implemented F. The Relationship of the Proposed Action to Land Use 186 Plans, Policies and Controls for the Area G. Consultation and Coordination 186 PART VI: LIST OF PREPARERS 187 PART VII: LIST OF AGENCIES, ORGANIZATIONS AND PERSONS RECEIVING 188 COPIES OF THE DEIS FIGURES AND TABLES FIGURE CHAPTER PAGE NO. I Geographic Setting of the Northern Mariana 1 18 Islands II Political map of the CNMI 1 19 III Physiography of Saipan 1 23 IV Physiography of Tinian 1 25 V Physiography of Rota 1 27 VI Physiography of Pagan 1 30 VII CRM Program Development Process 2 56 VIII CNMI Government Organization Chart 6 124 IX Program Agency Responsibilities 6 126 X CNMI Permit Process 6 135 XI Consistancy Certification Process 7 141 XII CRM Network Organization Chart 7 142 TABLE I Physical Characteristics of the CNMI 1 20 II Distribution of Micronesian Employment 1 * III Coastal Permitting Agencies 6 127 SUMMARY SUMMARY A. The Northern Mariana Islands Coastal Resources Management Frogram This section summarizes the coastal problems, issues and conflicts confronting the Commonwealth of the Northern Mariana Islands, and the difference an approved coastal management program will make. These topics are more fully addressed in subsequent parts of this document. The Commonwealth, being a union of relatively small islands which together account for no more than 190 square miles of land area, is well aware of its unique land-sea processes and the fragility of its coastal ecosystems * Unlike larger continental land masses, where evolved plant and animal communities exhibit greater biological resiliency and where the impacts of land use activities can be distributed over a greater area or absorbed over a longer period of time, island ecosystems are places where even relatively small changes are capable of producing rather profound effects. In recognition of this delicate relationship between man and the island environment, the Commonwealth considered all of its land and, to the extent provided by law, its water areas to be subject to i@s coastal management program. With 'the installation of a new constitutional government in 1978, the Commonwealth passed laws and promulgated regulations designed to protect its natural resources and to establish the necessary institutions to ensure their implementation and enforce- ment. The executive departments and line agencies established by Commonwealth law have performed well in providing for public services and environmental protection. The Commonwealth, however, recognizes a further need to coordinate the independent functions served by these agencies to provide for a more consistent and comprehensive approach to managing its sensitive land and water resources. A system was needed to clearly identify the conflicts, problems and issues related to coastal resources management and to develop the mechanisms necessary for their resolution. This system would be required to establish a policy base sensitive to the needs of economic develop- ment on the one hand, and resource protection on the other, and the authorities and government organization required to implement the policies. In January 1978, the newly elected Governor of the Commonwealth signed an agreement with the office of Coastal Zone Management authorizing the Commonwealth's Planning and Budget Affairs Office to initiate program planning. The Coastal Resources Management Program (CRMP) establishes new coastal policies, standards, use priorities, special manage- ment areas, organizational responsibilities and agency networks but relies principally on existing statutory authorities and ins- titutional arrangements for implementation. The basis of the program's authorities is the Commonwealth Constitution, which 1 establishes the executive power of the Governor and the Executive Branch Organization Act of 1978 (P.L. 1-8), which spells out the duties and responsibilities of executive agencies. Executive Order Number Two, signed on January 12, 1978, established the Office of Planning and Budget Affairs (PBAO) within the Office of the Governor. The order also provided for the transfer of functions from the Office of Transition Studies and Planning to the PBAO, which also included the responsibility for coastal management program planning. Since that time, the PBAO, through its subordinate Coastal Resources Management Office (CRMO), has developed the following mechanisms for implementing its CRMP: 1. Commonwealth-wide goals and policies, effected through Executive Order Number Fifteen, which provide overall guidance to the government and people of the Northern Mariana Islands concern- ing coastal land and water use. 2. A land and water management system which provides for policies, standards and priorities for activities within designated Areas of Particular Concern (APC) and major sitings outside of these areas. 3. Regulations establishing a coastal permitting program and guiding its implementation. Federal approval of the program and its subsequent implementation will make a definite contribution to the future of the Commonwealth. It will enable the Commonwealth to achieve its goals for ensuring that its coastal resources are wisely managed for the benefit of its people and the nation. 2 Coastal Boundary The Northern Mariana Islands CRMP establishes a two-tiered management boundary consisting of four types of special management areas (designated as*"areas of particular concern") on the islands of Saipan, Tinian and Rota, and all the remaining land and water areas that are subject to Commonwealth authority. The first-tier boundary provides for the delineation of three types of island and site-specific special management "areas of particular concern" (APC) and a fourth type which forms a continuous band around each of the major islands of Saipan, Tinian and Rota. The criteria used for APC boundary identifications are: (1) Shoreline APC: That area between the mean high water mark and 150 feet inland. (2) Lagoon and Reef APC: That area extending seaward from the mean high water mark to the outer slope of the barrier or fringing reef. (3) Wetlands and Mangroves APC: That area which is per- manently or periodically inundated by marine or brackish water, and within which can be found certain species of dominant wetlands or mangrove vegetation. (4) Port and Industrial APC: That land and water area surrounding the commercial ports of Saipan, Tinian and Rota, and which has been officially'mapped for each island. Within this first tier, all activities could have a direct and significant impact on coastal waters and thus will be subject to a combination of new and existing regulatory authorities. The Port and Industrial designation also will tend to localize the impacts of certain water-access dependent activities and subject them to specific permitting standards. The second-tier boundary includes all the remaining land and water area, including that on Saipan, Tinian and Rota, ,subject to Commonwealth laws. Within this tier, only certain major uses or activities have been identified as potentially having a direct and significant impact on coastal waters. These uses or "major sitings" will be managed by the Commonwealth subject to the policies of the CRMP and the provisions of coastal permitting regulations. The Commonwealth has excluded from its coastal management area all lands which are under the sole jurisdiction of or are held in trust by the federal government, its officers or agents. 3 Changes The Program Will Make B. The Commonwealth's CRMP will make two major changes both of which directly affect the institutional environment as it pertains to the coastal area. First,the. program will change the criteria upon which public decisions are made regarding the use and management of coastal land and water resources. Second, in order to ensure that these new criteria are applied, the program will modify the process and procedures by which these decisions are made. Both of these changes are-specifically enumerated in Executive Order Fifteen, and will be carried out under the authority established by this gubernatorial mandate. These changes to the institutional environment have been designed to achieve the following two major coastal management objectives: 1) better coordination of coastal regulatory, planning, and management authorities at the Commonwealth and federal levels, and 2) thorough consideration of coastal resource capabilities and their limitations in all coastal regulatory planning and management programs. The new standards and criteria for the use and management of the Commonwealth's coastal resources are embodied in a set of comprehensive coastal policies that are established in the Governor's Executive Order. These detailed criteria provide specific guidance for 1) management of coastal land and water resources, 2) management of coastal uses and 3) management of governmental programs that effect the coastal area. In addition to making these major improvements to the overall management structure, the Coastal Resources Management Program will also make a number of significant but less sweeping improvements to the management system. These improvements include the following: (1) Identification of those geographic areas within the coastal boundary that are of particular concern to the Commonwealth and implementation of special management techniques for these areas: - fisheries development - shoreline erosion - shorefront access and protection - energy facilities (3) Definition of uses and resources that are in the national interest and implementation of a specific policy to evaluate such uses and resources. (4) Implementation of measures to improve public awareness of coastal issues and increase public participation in coastal decision-making processes. (5) Implementation of measures to simplify coastal regula- tory procedures and improve inter-governmental coordi- nation in the management of coastal resources. A (6) Implementation of a procedure to ensure the consist- ency of federal actions with the Commonwealth's Coastal Resources Management Program. (7) Implementation of special measures to improve the data base for coastal management and conduct special manage- ment studies as necessary. C. What the Program Will Not Do The Coastal Resources Management Program is not designed to provide immediate and complete solution 's to all coastal problems and issues; rather, it is designed to provide the governmental framework and standards by which such solutions may be achieved. Specifically, the Program will not accomplish the following: (1) The Program will not substantially alter the existing governmental regulatory jurisdictions over coastal resources, activities or land uses. Agencies currently having responsibility for management of these resources .and activities will continue to exercise their authori- ties in accordance with the policies, standards and evaluation procedures establish 'ed by Executive Order Fifteen and the CRMP Regulations. (2) The Program will not stop all development in or near coastal areas as defined by the Executive Order. Rather, development activities will be evaluated on the basis of their impact on coastal resources and the capability of the affected coastal resources to withstand developmen-L-related impacts. .(3) In general, the Program does not require the regulation of iAdividual single family homes or activities incidental to their use unless they are located within 150 feet of mean high water as defined by the CRMP Regulations. However, such uses are subject to regulation by the Program if they are found by the Coastal Resources Management Office, with the advice of the Coastal Advisory Council, to constitute a "major siting". (4) The Program is not specifically designed as a growth management program. Rather, it is a resources management program which includes specific, enforceable policies and standards which will direct development away from fragile coastal resources. (5) The Program does not require that all shorefront uses and activities be water-dependent, however, it does require that water-dependent uses be given highest priority in both planning and regulatory decisions and, in cases of direct conflict between proposed uses of substantially similar impacts on coastal resources, preference be given to any water-dependent use. 5 D. Areas of Controversy There were two principle areas of controversy surrounding the development of CRMP. These areas were: (1) the basic management approach to be used by the program, and (2) the management boundaries. Management Approach The basic management approach to be used by the CRMP was one major area of controversy throughout the development phase of the program. While there seemed to be widespread agreement on the need for better management of coastal resources and better coordination between and among Commonwealth and federal agencies, there was considerable disagreement over the issue of how this improved management and coordination should be accomplished and by whom. Fear about loss of independent agency initiative in the decision-making process to another agency was the concern most frequently and heatedly raised about implementation of the CRMP. There was general agreement that a strong and major role for existing regulatory agencies in the management program was necessary if: (1) the program was to adequately address and resolve coastal problems and (2) the program was to gain political acceptance in the Commonwealth. This point of controversy over the CRMP's approach to implementation has been resolved through public participation in program development and discussions with the executive agencies that would be affected by the program policies. This process took the Commonwealth through several evolutionary stages which finally resulted in the issuance of a Gubernatorial Executive Order which adopted a set of coastal policies and established an organizational -network for implementing the program. Management responsibility is now shared among existing regulatory authorities with the coordination and advice of the Coastal Resources Management Office and Coastal Advisory Council, respectively. Independent agency initiative is maintained to the extent that their actions are consistent with the policies and standards of the program. Management Boundary There was some concern expressed during program development that the management boundary was either too broad or inadequate. Those who felt that the boundary (i.e., the entire island land mass) was too broad argued that it would give the CRMP too much control over land uses in areas they considered far removed from the "coastal zone". They suggested that a simple linear setback from mean high water was more appropriate and still provided enough control over areas, the uses of which might engender direct and significant impacts on coastal waters. 6 Several comments were received which expressed some reserva- tion concerning the adequacy of the boundary in ensuring the prudent management of the Northern Islands. These respondents felt that most of the islands and their surrounding coastal waters were unique and required special management considerations. They suggested even expanding the program to include only specific islands like Maug and Sariguan rather than the entire Northern Island arc. The two-tiered management boundary concept, as established in the CRMP is a reasonable compromise providing enough specificity for managing special areas while, at the same time, incorporating all of the Commonwealth's land surface area into the program for the purposes of ensuring that all major uses that are likely to have a direct and significant impact on coastal waters are effectively managed. The program also provides enough flexibility so that future APC designations could be made, should the need arise. In addition, Marine Sanctuary designations could be made under the Marine Protection, Research, and Sanctuaries Act of 1972 (P.L. 92-532) without affecting existing program management boundaries. E. Coastal Issues and Problems The Commonwealth identified, during program development, the following fundamental coastal management-related issues and problems: (1) the lack of coordination among existing Commonwealth .and federal authorities-affecting the coastal area and (2) the inadequate consideration of adverse impacts on coastal resources in the review and permitting process. The CPJV1P has been specific- ally designed to correct these deficiencies. Under the existing management structure, many agencies share in the responsibility for protecting and developing the coastal areas of the Commonwealth. The result is that many independent administrative and regulatory agencies make independent decisions affecting the coast: some addressing one specific coastal issue or resource; others applying to a broader scope or limited to a discrete geographic area. There is no notable coordination, uniform guidance or common long-range direction among these agencies regarding coastal management. Individual authorities that deal withone geographic area or site-specific issues are often not in a position to adequately address coastal problems that cut across "institutional" lines or involve a larger number of interrelated issues. A major consequence of this lack of coordination among management authorities has been the uncertainty among decision- makers with respect to the capability and limits of coastal resources to accommodate development activity. For example, 7 incremental decisions regarding the management of the Lake Susupe area on Saipan have resulted in a significant reduction to the wetlands habitat, further endangering the survival of the nearly extinct Marian@as Mallard. The Coastal Resources Management Program has been designed to address these basic management deficiencies by ensuring the coordination of independent agency actions and the adequate consideration of capabilities and limitations, as they relate to coastal land and water resources. Correction of these shortcomings should, in turn, facilitate the solution of problems which are perpetuated or caused by uncoordinated and uninformed decision- making. 8 PART 1: PURPOSE AND NEED Part One: PURPOSE AND NEED A. The Federal Coastal Zone Management Act In response to intense pressure on and because of the importance of coastal areas of the.United States, Congress passed the Coastal Zone Management Act of 1972, as amended (CZMA). The Act authorizes a federal grant-in-aid program to be administered by the Secretary of Commerce, who in turn, delegated this responsibility to the National oceanic and Atmospheric Administration's Assistant Administrator forCoastal Zone Management, who heads the office of Coastal Zone Management (OCZM). The CZMA evolved from a series of studies on the nation's coastal zone and its resources. Beginning with the 12-volume report, "Oceanography 1960-1970" published in 1959 by the Committee on Oceanography of the National Academy of Sciences (NASCO) and culminating with the report of the Commission on Marine Science, Engineering and Resources in 1969 (popularly referred to by many as the "Stratton Commission Report"'), which proposed a Coastal Management Act, the need to protect and wisely use the nation's resources contained in the coastal zone was stressed. The CZMA was substantively amended on July 26, 1976 (P. L. 94-370). The Act and its 1976 amendments affirm a national interest in the effective protection and careful development of the coastal zone, by providing assistance and encouragement to coastal states (and U.S. Territories) to develop and implement management programs for their coastal areas. Financial assistance grants under Sections 305 for program development and 306 for program implementation are authorized by the CZMA to provide coastal states and territories with the means for achieving these objectives. Broad guidelines and the basic requirements of the CZMA provide the necessary direction to participating political jurisdictions for developing their coastal zone management programs. The program development and approval provisions are contained in 15 CFR Part 923, revised and published March 28, 1979 in the Federal Register. In summary, the requirements for program approval are that a state or territory develop a management programt that: (1) Identifies and evaluates those coastal resources recognized in the Act that require management or protection by the State or Territorial government; (2) Re-examines existing policies or develops new policies to manage these resources.. These policies must be specific, comprehen'sive and enforceable, and must provide an adequate degree of predictability as to how coastal,resources will be managed; 9 (3) Determines specific uses and special geographic areas that are to be subject to the management program, based on the nature of identified coastal concerns. Uses and-areas to be subject to management should be based on resource capability and suitability anialyses, socio-economic considera- tions and public preferences; (4) Identifies the inland and seaward areas subject to the management program; (5) Provides for the consideration of the national interest in the planning for and siting of facilities that meet more than local requirements; and (6) Includes sufficient legal authorities and organizational arrangements to implement the program and to ensure conformance to it. In arriving at these substantive aspects of the management program, States or Territories are obliged to follow an open process which involves providing information to and considering the interests of the general public, special interest groups, local governments, and regional, State, interstate and Federal agencies. Section 305 of the CZMA authorizes a maximum of four annual grants to develop a coastal management program. To date, the Commonwealth has received approximately $374,000 in program development funds. After developing a management program, the State or Territory may submit it to the Secretary of Commerce for approval pursuant to Section 306 of the CZMA. If approved, the State or Territory is then eligible for annual grants under Section 306 to implement its management program. If a program has deficiencies which need to be remedied or has not received approval by the time Section 305 program development grants have expired, a Sta@e or Territory may be eligible for preliminary approval and additional funding under Section 305(d) (see also Part III: "Alternatives to the Proposed Action"). Section 307 of the Act stipulates that Federal agency activities shall be consistent, to the maximum extent practicable, with approved management programs. Section 307 further provides for mediation by the Secretary of Commerce when a serious disagreement arises between a Federal agency and a coastal State or Territory with respect to a Federal consistency issue. Section 308 of the CZMA contains provisions for grants and loans to coastal states or Territories to enable them to plan for and respond to onshore impacts resulting.from coastal energy activities. To be eligible for assistance under Section 308, coastal States or Territories must be receiving Section 305 or 306 grants, or, in the Secretary's view, be developing a management 10 program consistent with the policies and objectives contained in Section 303 of the CZMA. The Commonwealth has used CEIP funds to study the impacts of proposals for developing an oil storage and transshipment industry and support facilities including a superport proposal at Rota or Maug. The Commonwealth is concerned about the impact of this industry on the existing economy of the islands which is a combination of subsistence fishing and farming, small business, tourism and federal funding. One development proposal would generate a minimum of $15 million per annum, 400 jobs, and, an estimated traffic volume of 400-600 oil tankers per year. One accident, on the other hand, could destroy the islanders' way of life and the tourism industryrwhich is viewed as one of its best options for future growth. Section 309 allows the Secretary to make grants to States to coordinate, study, plan, and implement interstate coastal management programs. Section 310 allows the Secretary to conduct a program of research, study, and training to support State management programs. The Secretary may also make grants to States to carry out research studies and training required to support their programs. Section 315 authorizes grants to States to acquire lands for access to beaches and other public coastal areas of environmental, recreational, historical, aesthetic, ecological, or cultural value, and for the preservation of islands, in addition to the estuarine sanctuary program to preserve a representative series of undisturbed estuarine areas for long-term scientific and educational purposes. B. How the Northern Mariana Islands Coastal Resources Management Program meets the Requirements of the Coastal Zone Management Act As stated in the program approval regulations of 15 CFR 923.1(c), the basic requirements for program approval are that a State or Territory develop a management program that: 1) Identifies and evaluates coastal resources re- quiring management or protection; 2) Reexamines existing policies or devel- ops new policies to manage these resources which are specific, comprehen- sive, and enforceable; 3) Determines specific use and special geographic areas that are to be subject to the management program, based on the nature of identified coastal concerns; 4) Identifies the inland and seaward areas subject to the management program; 5) Provides for the consideration of the national interest in the planning for and siting of facilities that meet more than local requirements; and 6) Includes sufficient legal authorities and organizational arrangements to implement the program and to ensure con- formance to it. The following table demonstrates how these requirements are met by the CRMP. Requirements Sections of Approval Location in Regulations Pro. Doc. (Chapter) Sec. 306(a) which includes the requirements of Sec. 305- -34 305(b)(1): Boundaries . . . . . . . ... . . . . . 923.31 4 305(b)(2): Uses subject to management . . . . . . 923.11 5 305(b)(3): Areas of particular concern . . . . 923.21, 923.23 5 305(b)(4): Means of control . . . . . . . . . . . 923.41 6 305(b)(5): Guidelines on priorities of uses . . 923.21 2,3,5 305(b)(6): Organizational structure . . . . . . . 923.46 6 305(b)(7): Shorefront planning process . . . . 923.24 9 305(b)(8): Energy facility planning process . . 923.13 9 309(b)(9): Erosion planning process . . . . . . . 923.25 9 Sec. 306(c) which includes: 306(c)(1): Notice: Full participation; consistent with Sec. 303 . . . . . . . . . . . . 923.58, 923.51 2,3,8 923.56, 923.3 6 306(c)(2)(A): Plan coordination . . . . . . . . . 923.56 306(c)(2)(B): Continuing consultation mechanism . 923.57 8,9 306(c)(3): Public hearings . . . . . . . . . . . 923.58 8 306(c)(4): Gubernatorial review and approval 923.48 306(c)(5): Designation of recipient agency 923.47 6 306(c)(6): Organization . . . . . . . . . . . . . 923.46 6 .306(c)(7): Authorities . . . . . . . . . . . . . 923.41 6 306(c)(8): Adequate consideration of national interests . . . . . . . . . . . . . . 923.52 3,5,9 306(c)(9): Areas of preservation/restoration 923.22 2,3,5 -.-.sec. 306(d) which includes: 306(d)(l): Administer regulations, control development; resolve conflicts 923.41 6 305(d)(2): Powers of acquisition, if necessary 923.41 6 .-Sec- 306(e) which includes: 306(e)(1): Technique of control . . . . . . . . . 923.41-44 6 306(e)(2): Uses of regional benefit . . . . . . . 923.12 5 Sec. 307 which includes: 307(b) Adequate consideration of Federal agency views . . . . . . . . . . . . . . . . . . . 923.51 9 307(c) Consistency . . . . . . . . . . . . . . . . 923.53 7 307(f) Incorporation of air and water quality requirements . . . . . . . . . . . . . . . 923.45 3,6 Not applicable in absence of local governments 13 PART II: DESCRIPTION OF THE PROPOSED ACTION CHAPTER I: BACKGROUND FOR PLANNING A. overview The Office of Coastal Zone Management (OCZM) and the National Oceanic and Atmospheric Administration (NOAA) promulgated regula- tions for the development of a management program under Section 305 of the CZMA and requirements for program approval (15 CFR 923). Further clarification of the intent of the Act, and guidelines for planning development, were set forth by OCZM in a series of general policy papers regarding the statutory elements. The elements which must be contained in the management program are as follows: le an identification of the boundaries of the coastal zone subject to the management program, 2, a definition of permissible land and water uses within the coastal zone which have a direct and significant impact on the coastal waters and the-guidelines for determining the priorities for those uses. 3. an inventory and designation of areas of particular concern within the coastal zone. 4. a demonstration that public and governmental participation in the planning process was encouraged and that an opportunity for participation existed. 5. a demonstration that there has been coordination and consulta- tion with Federal agencies and that consideration of the national interest was included in program development. 6. a description of the organization structure and authorities proposed to implement the management program, including the responsibilities and inter-relationships of local, area- wide, state (or territorial), regional and inter-state agencies in the management process. 7. a planning process that can anticipate and manage the impacts of energy facilities on the coastal zone. 8. a method for assessing the effects of shoreline erosion. In order to adequately address the substance and spirit of these program elements and to create a firm base from which balanced and informed planning decisions could be made, the office of Planning and Budget Affairs employed the following procedures and analyses in the development of a Coastal Resources Management Program (CRMP) for the Commonwealth of the Northern Marianas: 14 Resources Inventory. The CZMA requires that an inventory of natural and man-made resources be undertaken. This was partially accomplished for the islands of Saipan, Rota, Tinian and Pagan in the Physical Development Master Plan (J. Tenorio Associates, 1977) and the Socio-Economic Development Plan for the Northern Marianas (R. R. Nathan Associates, 1977). A terrestrial and marine biota inventory exists for Maug, as well as a marine biota inventory of Saipan Lagoon. Research funded through the CRMP, under Section 305, includes an inventory of sand resources, a classification and inventory of the shoreline and reefs, a reef fishery inventory, and a detailed mapping of Saipan, Tinian and Rota islands at 1:10,000 scale. Additional studies include inventories of historic and archaeological sites, water and air quality, marine and terrestrial coastal environments, environ- metally-critical areas, land and water uses, wastewater treatment facilities, land and marine recreational sites, visual quality, tidal and land flooding, and land ownership. The resource inven- tories along with all of the separately published plans and reports listed herein are available as Technical Supplements. Analysis of Coastal Problems and Issues. The CZMA requires that use determinations be based, in part, upon the capabilities of each resource for supporting various types of uses and the impacts of various resource uses upon the natural environment. An analysis to address this requirement has taken the form of an assessment of problems and issues associated with the Commonwealth's coastal resources (CRM. Technical Reports Nos. 6 and 8). In these reports, the various pressures for use and development of coastal resources were analyzed, attributes and limitations of natural resources were determined and recommendations for appropriate management policies, which would help to mitigate or avoid damage to natural ecosystems, were made. In addition, particularly sen- sitive areas were described and resource management policies were developed to protect them from future damage. This assessment was completed in consultation with the Technical Advisory Committee, comprised of Northern Marianas resource management professionals. Further' a report prepared for the Coastal Resources Management Office (CRMO) by Dr. R. E. Johannes, entitled improving Shallow Water Fisheries (CRM Technical Report No. 5), articulates many of the problems faced by the Commonwealth's fishermen. Legal/Institutional Analysis. A legal and institutional analy'sis was undertaken to assess the present legal authorities and organizational arrangements in the Commonwealth and their ability to effectively implement the CR1,,1P (See part 2, Chapter 6). A thorough analysis of all coastal related legislation was completed and the statutory jurisdictions and responsibilities of the various agencies of the Northern Marianas Governemnt were outlined. In addition the report sets forth several alternatives for organ- izational and jurisdictional strategies for the implementation of the CRMP. Inasmuch as the Government was only recently formed (1978), there is great potential for the smooth incorporation of the Coastal Resources Management Program into governmental operations. 15 Public Information Program. In order to keep the public in- formed regarding current and future coastal program development and to provide the opportunities for participation in the process, a newsletter titled "Coastal Views" was developed. It is dis- tributed to all government agencies, the Chamber of Commerce, fishermen, retail stores and to all federal and local citizens who subscribe. other outreach programs used, include radio announcements and interviews, public meetings, workshops, informal discussions, descriptive brochures and the distribution of informa- tional materials to students attending schools off-island. Program policies were published in the Newsletter and in the major newspapers serving the Commonwealth. Radio spots announced the availability of the published policies and the location and dates of all Citizen Advisory Committee meetings and other events of public interests. Much of the information was translated into Chamorro and Carolinian. Economic and Social Needs/Demands Study. Using the Socio- Economic Development Plan and the Physical Development Master Plan, the present activities and uses, and anticipated future needs for the Commonwealth's Coastal area were identified. The information generated from this exercise was used as a framework for determing critical future needs and areas subject to intense development pressures. After having identified these needs and areas, each was evaluated in terms of its capability to accommodate development and its potential as an area for preservation and conservation. To facilitate proper program planning and design and to further meet the requirements of the CZMA, the CPJ@10, in addition to carrying out the above procedures and analyses, encouraged and actively sought extensive public and governmental involvement. Federal interaction along with public and local governmental involvement served to generate valuable input which was utilized in developing permissible land and water uses, designating areas of particular concern, developing site-specific recommendations, formulating criteria for determining major sitings, establishing priorities, and in developing the organization and legal authorities necessary for implementing the program. Public and Governmental Involvement During the process of program development, three advisory groups reviewed the substantive elements of the program and made recommendations which resulted in extensive changes in program direction. The Technical Advisory Committee, now disbanded, was comprised of professionals from the Departments of Public Works, Natural Resources, Commerce and Labor, Education and Historic Preservation. The Citizens Advisory Committee, formed in April 1979, consists of private citizens, representing such interests as agriculture, the Public Land Corporation, fishing, the Carolinian community and construction. 16 The third group, replacing the Technical Advisory Committee, was the Coastal Resources Management Task Force. Its role was and still remains one of determining the structure of the program and arriving at a consensus as to what the Commonwealth's policies for coastal resources are or should be. Meeting weekly between July 1979 and February 1980, five sets of comprehensive policies were developed. These articulated the Commonwealth's policies affecting the entire coastal zone and the following four Areas of Particular Concern (APC) on Saipan, Tinian and Rota: the Shoreline APC, the Port and Industrial APC, the Wetland and Mangrove APC, and the Lagoon and Reef APC. Federal Interaction and the National Interest As a requirement of the Act, Federal agency activities, de- velopments and assistance must be consistent, to the maximum ex- tent possible, with an approved CZM program. Accordingly, there must be consultation and coordination with relevant Federal interests during program development and an adequate consideration of the "National Interest." In meeting this requirement, all relevant agencies were identified and formally invited to participate. Their involve- ment has been continuous, ranging from initial contacts and statements of interest to extensive written comments on policy, nomination of areas of particular concern, and the furnishing of considerable technical input. Consequently, the national interest has been adequately represented in the development of the CRM@P and, given the consultation mechanisms built into the program, will be assured during its implementation. B. Environmental Setting 1. Geographic Setting Extending over a north-south arc of about 400 miles, from the island of Guam (130 231 N and 1440 45' E) to the island of Farallon de Pajaros (200 30' N and 1440 50' E approximately), the Mariana Islands consist of seven rela- tively small islands (see Figures I and II). Total land area in the chain is approximately 399 square miles of which 215 square miles belong to Guam. Table 1 lists the various islands with their corresponding land areas. The Northern Marianas include all of the islands of the archipelago except Guam. The principal inhabited islands are Saipan, Tinian, Rota, Pagan, Alamagan, and Agrihan. Total population on these islands is approximately 16,400 with the distribution as shown in Table 1. The islands are volcanic in origin, with the northern- most islands retaining their initial volcanic form. Guguan, Pagan, Agrihan, Asuncion and Farallon de Pajaros, for example, 17 f igure I Geographic Setting of the NORTHERN MARIANA ISLANDS C @3 ALASKA A 3? ORE JAPAN SAN FRAN CISCO HONOLU..@@- 3310 MANILA IPA /V INDdN IA AUSTRALI SYDNEY 011V @MA 18 figure II 0 FARALLON DE PAJAROS MAUG ISLANDS 20ON 0 ASUNCION 0 AGRIHAN PAGAN ALAMAGAN 0 OUGUAN 0 SARIGUAN C2 ANATAHAN FARALLON DE MEDINILLA SAIPAN 150N Q TINIAN v AGUIJAN COMMONWEALTH OF THE 0/p ROTA NORTHERN MARIANA ISLANDS oucim 145*El table I Thh UUMMUNWEALTH Ok' THE NORTHERN 'MARIANA ISLANDS The Commonwealth of the i4ort@ekh Mariana Islands comprise all the islan ds of the Marianas chain except Guam. The islands extend roughly between latitudes 14'N and 21*N and longtitudes 145*E to 146'E, extending over a south-north distance of about 440 miles. The chain consists of 16 islands, three of which form the island cluster of Maug. The total land area is 183.61 square miles. A breakdown by the individual islands listed according to location from north to south is as follows: Area Approximate Area Area Peak Elevation. in N a m e Dimensions (Miles) (Sq. Mi le s (Percent) (Ft. above Sea Level)- Population(l) Sq. Mile Farallcn de Pajaros ........ 0.8 (diameter) 0.79 0.41 1,047 - Maug East Island ............ 1 x 0.5 0.36 0.20 709 - T.Alest Island............ 1.75 x 0.25 0.26 0.10 591 - North Island........... 0.75 x 0.25 0.18 0.09 748 - Asuncion ................... 1.6 (diameter) 2.82 1.51 2,923 - Agrihan .................... 4. 0 (diameter) 18.29 10.00 3r166 56 8.7 x 3.5 18.65 10.17 1,883 51 26.1 2.0 (diameter) 4.35 2.34 2,441 36 1.5 x 1 1.61 0.84 998 1.7 (dian-eter) 1.93 1.02 1,801 Anatahan ................... 5 x 2 12.48 6.80 3,585 Intermittant Farallon de Medinilla. 1.5 x 0.25 0.35 0.16 266 - 1-2.7 x 5.5 46.58 25.43 1,554 14 MO. 54.1 (2@ 10.5 x 5 39.29 21.43 564, 900 40.9 Aguijan.................... 2.5 x 1 2.77 1.50 584 - - Rota ....................... 10.5 x 3 32.90 18.00 1,612 1,300 38.3 (1) Estimated Total Northern-Marianas ................................ 183.61 100.00 (2) Including Naftan & Aguijan Table I - Frcm Park & outdoor Recreation Study H. Mogi Planning and Research Inc. - Amended 20 are activie volcanoes or have been active within the past 72 years. 2. Climate The Marianas have a tropical marine climate and lie both in the trade wind latitudes and on the eastern fringe of the Asiatic monsoons. The average annual wind velocity is 10.5 mph. Trade winds are pronounced and persistent during the period from January through May, when the winds blow from northeast and east-northeast more than 90% of the time. Wind directions are far morevariable during the period from July through October. Temperatures range from 750 to 850F. Rainfall is abundant in the southern islands, ranging from annual average on.Saipan of 82" to between 97" and 121" on Rota, the greater among falling in the uplands. Pagan, which lies approximately 200 miles north of Saipan, receives an average rainfall of 75". Presumably, average rainfall decreases as one proceeds further north. There are distinct wet and dry seasons, the latter extending from about December to June, although the onset of each season is not sharply marked. Periodic rains can be expected during the dry season. Two principal kinds of storms contribute markedly to the climatic character if the islands: small-scale storms, consisting of thunderstorms and squalls, and large systems of tropical storms and typhoons. The small-scale disturbances may dominate an area of only a few square miles. Larger cyclonic storm systems may dominate an area as large as 300,000 square miles and may persist for a week or more. Tropical storms are closed pressure systems about which the air moves counter-clockwise in the northern hemisphere with wind speeds of 33-65 knots (38-74.9 mph). Typhoons are similar to tropical storms but are accompanied by winds of 65 knots or greater. Major tropical cyclonic disturbances of these kinds occur on Saipan. Although they have occured in all months of the year, they are more frequent during the rainy season. In the past 15 years, two major typhoons have passed close enough to Saipan to cause major destruction.. In 1968, Typhoon Jean's 160+ knot winds caused major damage on Saipan, Tinian and Rota. On May 21, 1976, Supertyphoon Pamela passed directly over Guam with winds in excess of 200 knots. Saipan experienced estimated wind velocities in the range of 100-130 knots during Supertyphoon Pamela. 3. Topography Saipan Saipan is about 13 miles long, averages about four miles wide and has a total land area of 46.6 square miles 21 (29,811 acres). Despite its relatively small size, it is considered to be more complex geomorphically than neighboring islands (see Figure III). The dominant topographic feature is an axial upland area extending through the northern three-fourths of Saipan. It consists of terraced limestone areas, having a maximum elevation of 1,555 feet at Mt. Tapochau. There are low saddles through the uplands which allow for cross-island transit. The northern, eastern and southern coastlines of the island exhibit moderate to steep cliffs and slopes of varying heights. Occasionally, these features are interrupted by coral sand beaches. The southern two-thirds of Saipan's western coast are low lands adjacent to the lagoon. They form a narrow belt of sand from San Roque in the north to Agingan in the South. There is only one lake (Lake Susupe) on Saipan. It is located inland from Susupe Village and contains brackish water surrounded by wetlands. Saipan has either barrier or fringing reefs along most segments of its coast. Fringing reefs, as the name implies, fringe the coast and extend laterally from shore. The serene'beaches along Saipan's western coast are protected by an extensive barrier reef running nearly parallel to the western shoreline. This reef is elongate and contin- ous for most of its length, although there are holes, grooves, channels and passes which break the reef front at various places, with some of the interruptions large enough for small craft transit. The longest gap in the reef occurs west of Tanapag Harbor and is used as an ingress-egress channel for commercial shipping. The width of the lagoon created by the reef varies from less than 100 meters to over 3,000 meters. Its widest point is opposite the commercial dock area in Tanapag Harbor. The depth of the lagoon varies. In many areas, it is possible to wade across to the reef flat during a medium tide. The Tanapag Harbor area, in contrast, ranges from 20 to 50 feet (6 to 15 meters) in depth and is able to accommo- date small to medium-sized tankers and freighters. Tinian Tinian has a total land area of 39.166 square miles (25,066 acres). It is a relatively level island, exhibit- ing a greater percentage of flat area than other islands in 22 jVd16 figure III w to*( time latf terra ben aced nches tt I low t n theston Sta -eastern in dges t aced b ches SAIPAN ISLAND PHYSIOGRAPHY I stone NOTE- Contour interval 50 meters pt 0 2 3 km rn stat f It ges the Marianas. Puntan C arolinas, near Kanat Tadung, is the highest point in Tinian, rising 523 feet above sea level. Laderan Lasso, situated in the North-Central part of the island, is the second highest point, with an elevation of 533 feet. These two highlands are separated by several miles of flat to gently sloping lands. Tinian is comprised of five physiographic units (see Figure IV). They include the Northern Lowland, the North- Central Highland, the Central Plateau, the Marpo Valley (Median Valley), and the South-eastern Ridge. a. The Northern Lowland This is a broad, flat, nearly horizontal surface which slopes very gentle upward from sea level on the west coast. A low, vaguely-defined ridge at Sabanettan Chiget, a half mile inland from the east coast, marks the upper boundary of the lowlands. This physiographic unit contains a shallow elliptical basin and includes Hagoi, a sea level lake. Southwest of Hagoi,@the northern lowland rises slowly to meet the Central Plateau. b. The North-Central Highland The North-Central Highland rises above the Central Plateau, midway between the east and west coast of Tinian, and is markeil with' @'entle to moderate slopes. Included in it are two principal marine limestone ter- races, Laderan Lasso and Laderan Mangpang, whose eleva- tions range from 300 to 350 feet. Also included is a dissected mass of highly-weathered volcanic rocks, ranging from 330 to 360 feet in elevation. C. The Central Plateau This land unit encompasses all of the central por- tion and some of the northern part of Tinian and sur- rounds all but the northwest portion of the north- central highland. Scarps leading into the Marpo Valley form its southern and eastern boundaries. Tile topo- graphy of the Central Plateau, which ranges from 200 to 220 feet in elevation, consists of level to gently sloping lands. The slopes of the scarps that border the plateau are preciptous. d. The Marpo Valley (Median Valley) This valley, having a maximum elevation of 150 feet, is a low, broad depression in south and east- central Tinian which separates the central plateau from 24 figure IV nort ern lowland h@-ce at land. ce trat plateau Marp valley th- TINIAN ISLAND ern idge PHYSIOGRAPHY NM- Contar interval 50 metws 2 3km the southeastern ridge. Slopes in the Marpo Valley are gentle and there is considerable flat land on the valley floor. The walls of the valley, included in the central plateau and southeastern ridge units, have gentle foot slopes that merge with the valley floor. Si'sonyan Magpo, located in the east-central part of the valley, is a prominent marshy area. e. The Southeastern Ridge This is the highest part of the island. The elevation throughout this unit does not fall below 320 feet and reaches a maximum of 583 feet at Puntan Carolinas. It consists of two flat-topped elongated limestone plateaus separated by a saddle at Barangca and is fringed by marine-cut terraces. The saddle is interrupted by a large vertical-walled valley extending into Sisonyan Magpo. A large bay, flanked to the north by a stubby peninsula, is another prominent feature of this physiographic unit. The most striking topographic features of Tinian are the 460-foot high precipitous sea cliffs on the southeastern coast near Castiyo. Rota Rota's topography is divided into five principal sub- divisions: Northern Plateau, Southern Plateau (the Sabana), a Volcanic Area, a Coastal Lowlands Area and the Western Peninsula (see Figure V). a. The Northern Plateau The Northern Plateau, having a general elevation of 450 feet, comprises the eastern part of the island. The southern and eastern sides of the plateau terminate in pronounced cliffs which lead to a rocky shoreline. In the north-, the plateau slopes gradually towards the sea, grading into the largest beach on Rota, Mochan Beach. b. The Southern Plateau The Southern Plateau, known as the Sabana, has an elevation generally exceeding 1400 feet. on its western side, a series of sharply marked cliffs form smaller plateaus at successively lower levels. on the northern and eastern boundaries, less pronounced cliffs and slopes lead gradually into the Northern Plateau. To the north, the Sabana terminates abruptly in drama- tically shaped.and precipitous cliffs. In the northern part of the Sabana, Mt. Manira, a gently-sloped hill forms the highest elevation of Rota (1625 ft). 26 ul d- 0 ;4000 cn r C. Volcanic Area The volcanic area is totally different in topo- graphic appearance from the rest of the island. Streams, originating at the contact between the old volcanic surface and the limestone cliffs, have eroded this area into deeply-etched ridges and valleys predominantly covered by sword grass. The weathered volcanic surface slopes gently to the southern coastline. d. Coastal Lowland Area on the island's north shore, an area of Coastal Lowlands dominates the landscape and is bordered to seaward by a narrow reef margin. Sandy soils with coconut palms dominate the inland areas, while strand vegetation dominates the coastal margin. .e. The Western Peninsula The Western Peninsula is a narrow isthmus connect-. ing Mt. Taipingot with the remainder of the island. Mt. Taipingot rises in a series of terraces to a height of 450 feet. Steep precipitous cliffs defy access to this area. The Inhabited Northern-Islands There are four inhabited islands north of Saipan. They are Anatahan, Pagan, Alamagan and Agrihan. The most southerly is Anatahan, lying 80 miles north of Saipan, and the most northerly is Agrihan, which lies 275 miles north-northwest of Saipan. These-four islands are in the Northern Marianas arc, a relatively young, highly active geologic area. Both Pagan and Agrihan have had volcanic eruptions in the last 50 years. Seismic activity is relatively common. a. Anatahan Anatahan is the highest island in the Northern Marianas, with a maximum elevation of 3,585 feet. It is an oval shape, with two distinct peaks, one on the eastern and one on the western end of the island, both are volcanic craters. Between the peaks is a high valley, with a rim surrounding it. The outer slopes are steep, with deeply eroded ravines similar to those found at Alamagan and Agrihan. b. Pagan About three-quarters of Pagan consists of barren lava fields and mountainous terrain rising to nearly 2,000 feet. The northern part of the island is dominated 28 by Mt. Pagan, a fairly symmetrical, cone-shaped, semi- active volcano. The southern part is dominated by the semi-active South Volcano. The two mountains are con- nected by a high, steep ridged isthmus. South Volcano, with four separate cratered cones, is near the southern end of the South Pagan Peninsula and attains a maximum elevation of 1899 feet. Mt. Pagan is centrally located on the main body of the island and rises to 1870 feet. other significant topographic features include the two lakes, Inner Lake (Lagunan Sanhalom) and Outer Lake (Laguna Lake), the Plains and Basin floors, and cliffs (see Figure VI). Rugged Highlands The most extensive area of highlands is the isthmus, a mountainous ridge with a maximu elevation of about 1900 feet. Slopes are generally greater than 65 percent. The crestline of the ridge is consistently above 1,000 feet (300 m) in elevation. Throughout the Rugged Highlands, the surface is rough with numerous exposures of bare rock. Many steep slopes and knife edge ridges have been produced on the upper slopes by slides and associated gullying. Access is extremely difficult. Plains and Basin Floors The southern and western half of North Pagan is comprised of gently to moderately sloping plains and basins. Slopes are generally less than 4 percent in most of the plains areas south of the lake basins and less than 15 percent within the basins. The largest area of notably flat land is the present airstrip which is about 3,000 feet long and 1,000 feet wide. Smaller areas-6f nearly flat land occur north and northwest of the air field on Bandera Peninsula and on the floors of the two lake basins. Lava fields comprise the eastern half of the northern part of the island beyond the flanks of Mt. Pagan. These areas are like plains in general descrip- tion but they have irregular, extremely rough surfaces of volcanic.rock. Much of this area lacks vegetation. C. Alamagan Alamagan is the smallest of these four islands, with an area of 4.35 square miles. It is similar to Agrihan in shape and topography, and rises to a height of 2,441 feet. The nearshore areas are rocky and beaches are not well developed. d. Agrihan The island of Agrihan is nearly circular and has 29 figure VI rthe a PAGAN ISLAND south PHYSIOGRAPHY 0 NOTE- Contour intervoi 50 meters 0 2 3 km rn ra 30 an area of 18.3 square miles. The maximum elevation is 3,166 feet, making it the second highest island in the Marianas. The island is steeply sloped. There are a few black sand beaches on the perimeter. The Uninhabited Northern Islands All of the islands in this category, with the exception of Farallon de Medinilla, are a part of the geologically young Northern Maiana arc which is on the great geosyncline which separates the Pacific Basin from the Asian Continent. These islands are volcanically, very active. a. Uracas The island of Uracas (Farallon de Pajaros) consists of a nearly conical volcanic peak, of basalt rock, ash and gravels. The volcano is quite active, and numerous eruptions have occured since World War II. The island has numerous steam vents; also, large areas of discolored water around the island give evidence of submarine volcanic activity. The island, at present, has an area of approximately .8 square miles and reaches an elevation of 1,000 feet above sea level. Although Uracas is a new island, there are two large rock outcroppings which give evidence of an older and probably much larger island. b. Maug Maug consists of a group of three islands, with a total area of 0.9 square miles. These islands, arranged in a circular pattern, are the remains of a large volcanic island which has since submerged, leaving only a portion of the rim of the caldera. In the central "lagoon", the old volcanic crater lies at 11 fathoms (66 feet), with the rest of the area at 50 fathoms or more (300+ feet). The rock making up the three islands is dark brown, reddish and black lava with noticeable layering, and several vertical and horizontal dikes of lighter colored materials. C. Asuncion Asuncion Island is an almost perfectly circular, active volcanic island which rises 2,953 feet above sea level and has an area of 2.8 square miles. Although much of the island is heavily vegetated, the perimeter consists of unvegetated block-like volcanic basalts, almost entirely black in color. d. Guguan Guguan Island consists of two distinct areas. One 31 is dark brown, reddish and black lava with noticeable layering, and several vertical and horizontal dikes of lighter colored materials. C. Asuncion Asuncion Island is an almost perfectly circular, active volcanic island which rises 2 J' 953 feet above sea level and has an area of 2.8 square miles. Although much of the island is heavily vegetated, the perimeter consists of unvegetated block-like volcanic basalts, almost entirely black in color. d. Guguan Guguan Island consists of two distinct areas. One is the area around the currently active volcanic cone. This area is covered with black gravelly rock, and shows some flow patterns from recent lava flows. The other is the southern portion of the island. This area is less recently volcanically active and more heavily vegetated. e. Sariguan The island of Sariguan has an area of just under 2 square miles and rises to a height of 1,800 feet. The island consists of a large volcanic cone, a plateau, having an elevation of 1,100 feet, on the northern side and block-like basaltic rock surrounding the sea level perimeter. f. Farallon de Medinilla The island of Farallon de Medinilla consists of a narrow, relatively flat limestone platform ranging frora 125 to 250 feet above sea level, the sides of which are steep and heavily eroded. The island is physically a part of the geologically older southern arc of the Mariana Islands, and exhibits the characteristics of Saipan, rather than those of the volcanic islands to the north. Expectedly, it is surrounded by an extensive area of shallow water. 4. Water Resources Saipan Water resources on Saipan, as on the other islands in the Marianas, consist of streams, standing surface water .within marshy regions, ground water, and rain catchments. At present, the streams and standing surface waters are not used to supply potable water. 32 Drainage lines are generally most distinctive in upland ravines where water has cut slots through terrace scarps. A few of these drainage courses exist as well-defined stream beds from source to sea. The Talafofo River is the only stream on Saipan which could be described as perennial. While the Talafofb flows year round in its upper region (except during periods of severe drought), its waters are lost in the lower limestone area (except during heavy rains). Its average flow exceeds 1 million gallons per day on an annual basis, and several times this amount during the wet season. Approximately 73 billion gallons of rain falls on Saipan in an average year, which when distributed over time, amounts to about 200 million gallons per day. Groundwater is of critical importance to Saipan as it is the major supply of potable water for the island's residents. At present, the public water system on Saipan is served by 14 drJL-1_1e.11 wells, (five additional wells will be added in the near future), two infiltration galleries and two flowing springs. Present water withdrawal on SaiDan is between 1.6 and 2.5 million gallons daily. Tinian Tinian Island is composed of permeable limestones, over- laying a relatively impermeable volcanic core or foundation. Surface runoffis almost non-existent due to the rapid percola- tion of water through the soil and limestone. There are no springs or perennial streams. Wells drilled during World War II and infiltration galleries supply 2.3 million gallons per day. Two primary water sources, both associated with the island's wetlands, are available. Hagoi, to the north, has generally provided water of variable quality, with chloride concentrations exceeding 600 ppm when heavily pumped. Sisonyan Magpo and its associated wells (Maui well and the Japanese dug well) has continued to proVide water with less than 150 ppm of chloride since World War II. Available information suggests that the basal fresh water lens in Tinian generally extends two to four feet above sea level, indicating a depth of 80 to 160 feet below sea level at its thickest point. Rota There are several fresh water springs in the higher slopes of the volcanic area in the southern part of the island. The largest, Matanhanom, produces sufficient quantity to supply Songsong Village. Overflow from this spring, and that from a smaller one, furnishes the Sinapalo area on the northern plateau with irrigation water. The only perennial streams on Rota are found in the southern portion of the island. There are no lakes on the island. Additional, although unexplored, basal groundwater occurs on the island. Pagan Surface'water sources include Inner Lake and Laguna Lake. Both lakes are mineralized and not considered potable. Inner Lake, approximately 43 acres in size, with a maximum depth of 75 feet, exhibits a chloride content of between 2,000 ppm and 3,000 ppm and total dissolved solids of about 4,500 ppm. Studies in 1954 showed salinities to be highest near the warm springs, indicating that spring water was being heated at depth and moving upward through vents and dykes, where a mixing with saline water is expected to occur. Water quality and chlorides were observed to improve during the rainy sea- son. Laguna Lake (approximately 40 acres in size) is elongated in a north-south direction and has a maximum depth of about 65 feet. The upper surface of the lake averages about 1/2 foot above mean sea level. A bar, 30 feet above sea level, composed of marine tuffs and basaltic sands, separated the ocean from the lake. Only in the northern caldera is the groundwater lens developed to the extent capable of producing potable water. However,@ even there, convection currents,have disrupted portions of the lens such that the development of freshwater resources is questionable. Good well water may be available from the plains surrounding Mt. Pagan. Most drinking water is obtained through the use of rain catchments which collect water from the tin roofs of the houses for storage in 55 gallon drums. C. Socio-Economic Setting 1. History The economic base of the Northern Marianas has, during the islands' long and varied history, shifted several times. The origi'nal Chamorro (,the traditional inhabitants of the Mariana Islands) population, living along the coasts and in some interior valleys, were primarily subsistence farmers and fishe'rmen. They were also expert outrigger canoe builders and skilled as sailors. For fishing, they used nets, spears, and hooks and lines; they also gathered shellfish from the reefs. As farmers, they raised yams, taro, bananas, bread- fruit, sugar cane, and coconut, palms. In addition, they appear to have grown rice. Whether they had domesticated dogs, pigs or fowl is uncertain (Spoehr, 1957). This style of existence persisted up until the arrival of the Jesuits in 1668, marking the beginning of.foreign occupation and rule in the Marianas and the start of the 'Spanish Period'. 34 In 1698, follwoing a 20-year war between the Chamorro and the Spanish, the entire Chamorro population, except for a few families who escaped to Rota, were moved to Guam by the Spanish authorities, leaving the Northern Mariana Islands virtually un- inhabited, until 1815. At this time, two groups of Carolinians, one led by Chief Aghurubw and the other by Chief Ngischil, migrated to Saipan. Approximately three years later, in 1818, the Chamorros, their population having been decimated, were returned to the islands, where they and the Carolinans have remained. During this Spanish period, natural resources were heavily ex- ploited and the native people were subjected to forced labor. By the period's end, in 1898, very little remained of the original Chamorro life-style. The Carolinian culture, by comparison, was left relatively in tact. In 1898, after the Spanish-American War, Guam came under the control of the United States whereas the remaining Northern Islands of the Marianas became a colony of Imperial Germany. This division of political administration for the Mariana Islands was to have far reaching consequences upon their economic development. The Marianas were too distant and her resources were too limited to arouse much interest in Germany. The Germans, however, did not neglect the islands totally. They imposed health measures, established public schools, extended the road network and organized an agricultural program, based chiefly on copra. Regardless, the German period of occupancy was too short to leave them imprint in either the people or the landscape. Japan seized the Mariana Islands (,except Guam) from Germany in October 1914, and Japanese mandate over these islands was approved by the League of Nations in 1920. For the first time since their discovery, they became easily accessible to a ruling power. Being,situated along the routes of Japanese economic expan- sion, the Marianas were soon brought to their greatest commercial development. Under the Japanese, who were confronted with problems of over-population and food shortages, all arable land in the southern Mariana Islands was cleared and vast sugar plantations were established. It is estimated that more than 50 percent of Saipan, Tinian and Rota were in sugar cane production immediately prior to the war. Few of the natives were caught up wholly into the socio-economic system established by the Japanese. Most of them preferred to sell their labor and to rent their land, retain- ing only enough goods for home use. Prior to the advent of World War II, the Japanese population on the three major islands, Saipan, Tinian and Rota, was in excess of 5.0,000 persons. 35 In June, 1944, the American armies invaded Saipan and followed with the invasion of Tinian several months later. Fighting was fierce and when it was over, Saipan and Tinian were ruins. Garapan, the major city in the Northern Mariana Islands, with a population of more than 29,000, was destroyed. Following the capture of Saipan and Tinian,.Americans moved on the islands and built docks, barracks, airfields, roads and ancil- lary structures. During staging for the anticipated invasion of Japan, military population on the islands may have numbered as many as 250,000. By the war's end, the Northern Marianas were transformed from a highly agrarian community to an area of dislocated popula- tion with a broken economy, from whi.ch recovery has been slow and incomplete. In July of 1947, the Security Council of the United Nations and the United States of America concluded a Trusteeship Agreement granting the U.S. jurisdiction and control over the Japanese Mandate Islands, of which the Northern Mariana Islands were then a part. Out of the agreement, there arose the Government of the Trust Territory of the Pacific Islands with executive, legislative, and judicial power of government vested in a High Commissioner,.a. Congress of Micronesial and a High Court of the Trust Territory, respectively. Due to their strategic importance, the Northern Marianas remained under U.S. military control until the early 1960's. Little was done to encourage economic development, and today, with the phasing out of the Trust Territory government, the economy remains somewhat depressed. 2. Human Settlement Pattern Saipan The population of Saipan, estimated at 14,000 in 1978, is projected to exceed 19,000 by 1985 - the end of the current plan period. The Micron-esian segment is the largest component, comprising 83% of the present total and is esti- mated to comprise 79% of the 1985 total. The non-Micronesian segment of the permanent population has increased from 8% to 15% since 1967, and is expected to reach 20% by 1985. The growth of this segment will be considerably volatile, due to its relationship to overall economic and political factors. Approximately 80/10 of the population live along the sandy western shoreline, in a narrow corridor which averages less than a mile in width. Rota The 1978 population estimate for Rota was 1,300 and is expected to increase to at least 1,700 by 1985. By 1990, the population is expected to be between 2,160 and 2,570 persons. 36 Nearly all of Rota's population is concentrated in Songsong Village on the isthmus connecting Taipingot Peninsula with the main body of the island. A second village area in Sinapalo, adjacent to the airport, is in the planning stages. Tinian The population of Tinian is 900 and is expected to in- crease to at least 1,200 by 1985. By 1990, there will be between 1,300 and 1,800 people, exclusive of any potential military buildup. The population is concentrated in San Jose Village overlooking Tinian harbor. A small segment of the population, mostly employees of the large dairy and cattle operation, lives in the southeastern area of the central plateau. Pagan and the Inhabited Northern Islands Population on Pagan varies considerably as migration to and from Pagan occurs during the school year. Presently, the school system provides education through the seventh grade at which time the junior high school age students are sent to Saipan. Pagan has a reported population of about 85 persons re- presenting nine families; however, this number includes many persons now living on Saipan. In October 1977, there were only 37 persons on the island, distributed among seven families. Population as recorded by the Resident Commissioner's office during December 1977 indicated a total of 51 persons. The existing grade school population was thirteen. The population of Alamagan is 36. Agrihan's population is 56 and Anatahan's population consists of one family which lives there only during school vacation season. On each island, the populations are concentrated in one village loca- tion, with the exception of Alamagan which has a second 11village" consisting of one family. ,3. Contemporary Economic Base Tourism, fishing, agriculture, government employment and -transportation (commercial airlines, shipping and related infrastructure) are the mainstays of the Commonwealth economy. Large increases in construction and smaller increases in .services,trades, and manufacturing are anticipated over the next f ive years. V7 Tourism will remain the leading industry for future de- velopment in the Commonwealth. Currently, it accounts for well over 20% of private employment and wages, and is the largest generator of foreign exchange. This exchange provides a significant stimulus to local private sector development. By 1985, it is estimated that 200,000 persons will visit the Northern Mariana Islands annually, a four fold,increase over existing numbers. Several factors will stimulate the expansion of services and trade in the Northern Mariana Islands between FY 1980 and 1985. The visitor industry will be expanding vigor6rously. Tourist-related enterprises, such as restaurants, tourist agencies, sightseeing buses, sport fishing, car rentals, and sourvenir shops are supported by tourist expenditures. Further, the expenditure of workers employed in the tourist-related trades will benefit all.types of wholesale and retail enter- prises within thelocal economy. Construction and the expenditures supporting services and trade, will also increase sharply. Not only will the construction of hotel and tourist-related facilities increase, but the level of government construction will more than double. Whether condominiums should be permitted or encouraged in the Commonwealth is currently being debated. Government employment has been the largest sector in the Marianas economy for some time. In 1975, government salaries, which are traditionally higher than those paid to private sector workers, accounted for approximately two-thirds of all wages paid. However, with the removal of the Trust Territory government, this component of the conomy is likely to decline, as it appears somewhat doubtful that the Commonwealth govern- ment apparatus will absorb all of the Trust Territory workers. Present employment figures show a total of 6,158 persons employed, with 3,107 of those in government (CNMI Department of Commerce and Labor, February 1980). A breakdown of private industry employment, virtually all of which have a close relationship with the coast either directly, for port facili- ties, or indirectly for the environmental amenities, is shown on Table II. 38 TABLE II: DISTRIBUTION OF MICRONESIAN EMPLOYMENT AND WAGES BY INDUSTRY INDUSTRY EMPLOYMENT(%) WAGES(%) Agriculture and Fisheries 2.8 3.2 Construction 5.4 4.6 Manufacturing 2.9 2.1 Transportation, Communications, Utilities 11.7 18.4 Wholesale/Retail Trade 34.5 32.7 Finance, Insurance and Real Estate 4.6 7.5 SERVICES Business and Repair 10.0 7.9 Entertainment and Recreation 1.3 0.8 PERSONAL SERVICES Hotels - 20.2 15.2 Other Personal 4.1 5.3 Professional and Related Services 1.5 2.3 TOTAL 100.0 100.0 Source: Socio-Economic Development Plan, p. 79. Does not include government employment, estimated at 3,000 persons, or 50% of the labor force. D. Institutional Setting 1. Land-Use Planning For almost thirty years prior to the establishment of the Commonwealth on January 9, 1978, the Northern Mariana Islands were.administered as a district of the Trust Terri- tory of the Pacific Islands (TTPI). The TTPI is a United Nations Trusteeship administered by the United States. During the TTPI's administration, the Congress of Micronesia (COM) passed only a few regulatory laws. Those regulatory laws dealt basically with fishing and endangered species. The COM did, however, pass some environmental legislation and established a board to administer the law and promulgate regulations. Finally, the COM enacted a pTanning,law which provided for each district to have its own planning office. Unfortunately, planning, environmental and resource regula- tory efforts in the Northern Marianas under the TTPI were essentially piecemeal. After March 24, 1976, the date upon which Secretarial Order No. 2989, providing for separate administration of the Northern Mariana Islands, was promulgated by the Department of Interior, and the Covenant to establish a Commonwealth of the Northern Mariana Islands was passed by the United States Congress, the people of the Northern Mariana Islands esta- blished the office of Transition Studies and Planning (OTSP). To prepare for Commonwealth Government, OTSP surveyed social, cultural and physical needs, status and problems in the Northern Mariana Islands. Three major documents resulted. The Socio-Economic Development Plan (SEP), the Government Organization Plan and the Physical Development Master Plan (PDMP). The SEP surveyed the natural, human and economic re- .sources in the Northern Mariana Islands, and established funding targets for development in the following areas: agriculture; fishing; industrial ports; tourism; health; education; housing; and.village homesteads; public safety; public utilities; transportation; and parks and recreation. The Government Organization Plan provided the necessary government structure and organization. This plan coordinated the requirements of the Covenant and Constitution, facilitated efficient delivery of services, and was sufficiently flexible to accommodate and implement the social and economic develop- ment plans and the physical development plans. The Physical Development Master Plan for the Northern Mariana Islands translated the policies, objectives and funding targets developed in the SEP into specific:capital improvement scheduled, zoning, subdivision, building codes and areas re- quiring continued study. 39 The PDMP also referenced a need for a Commonwealth Coastal Management Program. This OTSP plan envisioned the role of coastal zone management as a centralized planning entity which would continue the work of the OTSP and provide an effective coordinating mechanism between the Commonwealth government and the Marianas Public Land Corporation. Resulting from this recommendation, the Commonwealth of the Northern Mariana Islands (.CNMI) Coastal Resources Management Office was developed within the Planning and Budget Affairs Office (PBAO), an office created by Governor's Office to do the overall planning for the CN14I and to handle budget matters. Prior to OTSP planning efforts, long-range master plans had been prepared for Saipan and Rota. Saipan's was completed in 1968 and Rota's in 1972. Each plan consisted of transporta- tion, land-use, environmental constraints, community facilities, utilities, community appearance and implementation elements. Virtually no significant effort, however, was devoted towards careful planning for coastal areas, nor were ecological factors rigorously investigated or considered. At present, efforts are being made, under the auspices of Federal Housing and Urban Development (HUD) and Economic Development Administration (EDA) programs, to expand and update both the SEP and the PDMP. With the support and funding from these programs, efforts also have been made to coordinate the Northern Mariana Islands planning and permitting procedures and to increase their responsiveness to contemporary needs. The Northern Mariana Islands Planning and Budget Affairs Office (PBAO), with assistance from EDA 302 planning funds, has begun, using the framework of the SEP, to develop an Overall Economic Development Plan (OEDP). The thrust of the OEDP will be to promote the area's economic development, improve community facilities and services and to serve as a basis for continued planning @Lnd development. As part of the Government's planning process, the Governor established both the Planning Review Committee (PRC) and the Commonwealth Development Commission (CDC). The PRC, made up of representatives of relevant public agencies, was formed to review and comment on the environmental, social, cultural, health, economic, and other regulatory as- pects of both public and private physical developments in the Commonwealth. It is hoped that this committee will supply critically needed coordination among government agencies and review proposed projects for compliance with agency regulations and permit requirements. It is also intended that the PRC serve as a coordinating body between public agencies and private developers by providing developers with a clear understanding of all government requirements during the initial stages of project planning. 40 The CDC, composed of private individuals representing community interests, was established to review and recommend appropriate executive action on matters related to socio- economic development, including all public and specific private investments that affect or might affect the present or future economy. The Commission also serves to bring together the interests of the general public and government agency activities. Using HUD 701 monies, the CNMI has also begun updating, refining, and implementing the PDMP procedures. Regardless of the extent and scope of the above mentioned planning efforts, none, with the exception of the PRC, established through an Administrative directive signed on September 7, 1979, and the CDC, established through Executive Order No. 14, have yet been enacted by specific legislation. However, the Executive Branch of government and the Marianas Public Land Corporation (MPLC), which administers 82% of the Commonwealth's land mass, have accepted the PD14P on an interim basis and the Second Marianas Legislature is currently con- sidering adopting the Plan by resolution, as well as zoning, subdivision and building codes. This acceptance and considera- tion is important, as the Plan provides a solid base for many of the goals and policies development in the Coastal Resources Management Program (CRMP). 2. Government Framework In addition to the principal agencies as described in Chapter VI (authorities and organization) which are immediately responsible for CRMP implementation, a number of other departments, agencies and other government entities have interests which are affected by the Coastal Resources Management Program. They include: Office of the Governor Planning & Budget Affairs - Centralizes program & Plan development - Administers Federal program- ming - A-95 Clearinghouse - Prepares Budget Proposals - Facilitate program imple- mentation via budgetary process 41 Public Information Office Awareness programs, Media Information Legislative Liaison- Coordinates with Legislature Department of Natural Resources Division of Marine Resouces Protection of wildlife, aquatic resources and the marine environment Fisheries and Aquaculture Development, including statistical work, research, demonstration of infra- structure and training Development and enfo rce- ment of Endangered Species regulations Regulate Fishweirs Seagrant Marine Advisory Program Division of Land Management - Submerged lands management - Management of Public Lands transferred to Government by Marianas Public Land Corporation - Conduct surveys and resolve land claim disoutes Division of Agriculture Forestry, Agriculture Lease of Earthmoving Equip- ment Extension Service Department of Public Works Administrative Division Maintenance control and planning 42 Marianas Public Land Corp. Manage and dispose of public lands Public Land use planning Commonwealth Trial Court Land Registration Land tenure documentation Mayor Saipan, Tinian, Rota and Northern Islands Identify and recommend solutions to local problems Conduct public meetings, advise on island budgets Foreign Investment Board Determine manner in which foreign capital is invested in the Commonwealth Economic Development Loan Fund - Economic Development loans - $500,000 of fund is reserved for farmers, fishermen, and cooperatives Marianas Visitors Bureau - Tourism promotion - Beautification projects - Maintains scenic attractions and historic sites Marianas Islands Housing Housing construction and Authority community development Recreation facility con- struction .Mariana Islands Airport Administers, manages, and Authority plans airport and support services 43 Administers capital improve- ment projects Operation and Maintenance Power generation and distri- tion, water production distribution, sewerage collection disposal, high- ways, oil spill prevention Port Control office Administrates and Manages all harbors and facilities Department of Commerce & Labor Ecoomic development Marine Resources Development Statistical Research Department of Public Health & Environmental Services Division of Environmental Quality Administration and enfoce- ment of Commonwealth and Federal Environmental Quality Sanitation laws, regulations and authorities Erosion and sedimentation prevention, pesticide management Fish quality control, solid waste management Department of Community and Cultural Affairs Historic Preservation Office- Identification and protection of historic, archaeological properties Department of Education Curriculum development Attorney General's Office Legislation, civil and criminal law enforcement, Environment law 44@ E. Problems and Issues 1 Introduction The people of the Northern Marianas, for centuries, have lived in intimate contact with the shoreline. The shoreline is associated with food gathering, recreation, ceremonies, and rituals stretching long into the past. While westernized lifestyles, now experienced to some degree by almost every- one in the Commonwealth, have diminished the need for direct contact with coastal waters, increasing demands made upon the resource by a multiplicity of often competing uses has given new meaning to the coastal area. It is recognized that a balance must be struck between development interests on the one hand and the values and traditional needs of the people on the other. It is also recognized that this balance must be struck while giving full consideration to the need to maintain and preserve the health and natural beauty of the coastal environment. 2. Commonwealth Development Priorities Physical and socio-economic strategies for the Commonwealth are designed to assure that adequate supplies of food, shelter, and clothing are available to even the poorest members of the community. Education opportunities, health and public services in the communities at reasonable cost; productive, reasonably paying jobs for everyone who wants to or must work; and a quality of life that retains the major elements of traditional value systems and social relations are also important goals. While striving to meet these objectives, the government is also promoting economic self-sufficiency in the Common- wealth. Toward these ends, five broad areas of economic opportunity have been identified for development: tourism, agriculture, construction, subsistence and commercial fish- eries, and commerce and industry. a) Tourism The tropical climate and coastal amenities of the Northern Marianas has made tourism one of the largest and fast 'est growing industries in the Commonwealth. This growth is causing a marked increase in the pressure placed upon the local infrastructure and necessitates the construction of new and improved primary facilities and an increase in the quantity, quality, and availability of support facilities. more importantly, this growth and its associated needs is placing a heavy demand on coastal resources and is greatly increasing the possibilities of adverse impacts. Tourist facilities compete for prime coastal locations, discourage 4-5 public access to the shoreline and block view corridors. Tourists themselves are greatly increasing the extent of use of motor boats, sailboats, and jet skies in lagoon area. As a result, conflicts are arising between tese uses and other activities, enjoyed by tourists and locals alike, such as swimming, snorkelling, scuba diving, and fishing. These conflicts which are now occuring as a result of the increased traffic may, in the future, be compounded by oil and gas leakage from the rising number of motorized craft. Tourists, primarily divers, are also resDonsible for the removal of corals in amounts large enough to cause serious damage to reef areas (Technical Report No. 3). b) Agriculture While no longer the foundation of all economic activity in the Northern Marianas, agriculture continues to be an important component of economic growth and a primary occupation for a significant number of individuals, supplementing to a large degree, the incomes and daily diet of many families. Land area currently under regular cultivation in the Northern Mariana Islands is estimated to be about 600 acres. About 22,000 acres are in pasture or grazing land, supporting a herd estimated to be in excess of 7,000 head. During the period of 1978 to 1985, croplands are projected to double. Cattle and small livestock development (goats, pigs, and poultry) are also expected to increase sign if icant ly. 46 Subsistence farming and grazing are principal elements of the local lifestyle. Yet, on the larger islands, these uses must compete with growing pressure to convert grazing and cultural lands to residential/commercial uses. Rapidly rising land values in these areas will have a significant impact on the ultimate fate of agricultural lands. Assuming that the above problems are overcome and agricultural productivity increases, as is the government's intent, great care will have to be taken to ensure that environmental impacts are kept to a minimum. This is especi- ally important with regard to coastal resources, as land areas now under cultivation and significant portions of land suggested as agricultural zones in the Physical Development Master Plan, are in close proximity to shoreline areas. Improper land clearing and grading, failure to replant after harvesting and poor cultivation techniques invariably lead to erosion which ultimately results in sedimentation, turbidity, and a general lowering of coastal water quality. this lowering of quality is very,harmful to coral communities, and directly impacts both the subsistence reef fishery, which depends upon the health of the corals, and tourism, which to a large degree, relies upon water clarity, visual beauty, and the abundance and diversity of fish and corals. The use of pesticides and herbicides is another agri- cultural activity which may cause adverse impacts. Improper application can result in the leaking of these chemical into underground water reserves and wetlands, causing severe public health hazards and wildlife kills. It may also cause the poisoning of sealife as a result of contaminated runoff reaching coastal areas (Technical Report No. 3). c) Construction Road Construction The condition of existing road systems makes improvement and new construction inevitable. Before such activities take place, however, associated adverse impacts such as contaminated runoff, increased erosion and the loss of land for other uses must be carefully studied and mitigated. Existing roads should be maintained or improved before considering the construction of new roads. This will minimize the amount of land used up by roadways and reduce the environmental impacts of road construction. When building new roads, special effort should be made to locate them as far from the coast as is possible. Care should also be taken to construct adequate drainage facilities to minimize run-off and erosion. Where roads must be built in proximity to the coast, provisions to maintain reasonable access to the shoreline must be made (Physical Development Master Plan, 1977; Technical Report No. 3)., 47 Water Systems A large variety of environmental factors affect the quantity and quality of water available for human use in the Marianas. While it would seem that there would be adequate, high quality water due to the large amount of rain which falls upon the islands, there are, in fact, often shortages and quality is low, and in many cases below the standards set by the U.S. Public Health Service for drinking water. Perhaps, the greatest water problem found on the islands generally, is the age of the water distribution systems. It is estimated that nearly one-half of the water which enters the distribution system is lost through leakage from the old pipes. This probleml in turn, causes an unrealistic demand for water which requires that the basal ground-water lenses be pumped at a rate which exceeds the replenishment rate, thus opening up the possibility of salt-water intrusion impacts to wetland regimes. (Technical Report No. 3). Power Due to their remote location and lack of gas and oil deposits, the Northern Marianas are dependent entirely on imported oil for the generation of electric power. Power requirements have been increasing steadily with the increased standard of living. As oil becomes a scarce commodity on the world market, the cost of providing power will increase drastically and ultimately, the Northern Mariana Islands will need to reduce power consumption and find alternate methods of generating energy. Currently, all of the power generators for each of the islands are located quite close to the coastline. While it might be possible to place such facilities inland, this is considered uneconomical due to the need for pipelines (fuel supply, cooling water, outfalls) and other infrastructure which would have to be considered. Since energy facilities are, at this time, dependent upon coastal locations, adequate provisions must be made for their siting and the mitigation of adverse impacts. (Technical Report No. 3). sewers In looking at the segment of the infrastructure concerned with sewerage, it should be noted that this includes individual as well as collective disposal and treatment of human waste products. At the present time, only Saipan has even the beginnings of a collection and treatment system. All of the other islands rely completely on privies and cesspools. On Saipan, approximately 15% of all households are connected to sewer lines. There are two sewage treatment plants, both of which offer primary treatment (basically settling tanks and trick- ling filters) and ocean outfall disposal. For Tinian, Rota, and the inhabited Northern Islands, the PDMP recommends that individual sewage disposal systems @(privies and cesspools) be used until such time as the population would warrant a treatment plant. 48 Residential Housing The on-going increase in human population, especially. on Saipan, creates a need for new residential housing. Additionally, as improved health care lengthens the average life-span of the people, houses which became available to younger members of a family through the deaths of parents and grandparents are not becoming available until later in a younger person's life. Residential expansion may occur in many ways including expansion within existing villages, the majority of which are concentrated in coastal areas, new housing areas and subdivisions, redevelopment programs, and homesteading. There may also be housing provided for .tourists ' such as condominiums and apartments. d) Fisheries Available data indicates that the subsistence fishery in the Northern Marianas, occuring primarily in shallow coastal waters, accounts for considerably higher fish catch than what is supplied by commercial fishing operations. The subsistence fishery is extremely important both in providing a traditional low cost, high protein food source and in helping to reduce local dependence on foreign imports. Due to its economic importance and its close relationship to uses of the shoreline, lagoons and reefs, it is essential that adequate policies are adopted to both protect and promote the local subsistence fishery. Briefly, the following areas need addressing if the subsistence and commercial fishery is to be maintained in a healthy state or improved: - Maintenance of Appropriate Habitat 1. Control of Deleterious Land/Water Use Practices a. dredging/filling b. waste disposal C. runoff d. erosion 2. Control of Deleterious Fish Harvesting Methods a. dynamiting b. poisoning C. gill-netting 3. Control the Collection of Coral for Private and Commercial Purposes - Maintenance of Fish Reproductive Potential 1. Protection of Areas of High Fish Egg and Larvae Concentrations 49 2. Control of Deleterious Fish Harvesting Practices a. mesh size b. overharvesting of key species Promote Fishing Potential 1. Develop cold storage and processing facilities 2. Develop marketing infrastructure 3. Develop dock facilities 4. Control shark populations which consume fish @while hooked fish are reeled in For a more detailed discussion of fisheries, and associated problems, in the Northern Marianas, along with suggested means of regulation and control, see: Johannes, R.E. Improving Shallow Water Fisheries in the Northern Mariana Islands, University of Hawaii. (TeEh-ni-cal-Report No. 5); and Amesbury, Steven S., Lossuy, Myers and Tyndzik, A Survey of the Fish Resources of Saipan Lagoon. University of Guam Ea_r'ine fa-b(CRM Techni-cal Report No. 4). e. Commerce and Industry The development of a strong economic base, which is as independent of imported foreign goods as possible,.is a goal of the Northern Marianas. In order to achieve this, government incentives and capital investments are necessary to develop the appropriate economic infrastructure that would stimulate both local and foreign development of needed facilities. In addition to the physical infrastructure required for the deve- lopment of commercial and industrial enterprises, there are other economic requirements which have a direct bearing on the success or failure of such activities. For instance, a functional port facility, which can expeditiously process incoming and outgoing products, and which accommodates ships of the types necessary to handle such products, is critical in industrial and commercial development. Facility siting in coastal industrial locations must be limited to water dependent industries. It is also necessary for the economy of the Northern Marianas to have sufficient capital and reliable financial institutions which have the ability to make loans for develop- ment of locally-owned business and industry which are keyed to government resources policies. To some degree, the govern- ment has been involved in economic development financing through the Economic Development Loan Fund and the Foreign Investment Board, but past experience is disappointing in terms of success rates of the businesses and repayment of such loans. 50 The labor market is another important consideration in this development. If a business or industry requires specially trained workers who are not locally available, alien workers must be imported or local people trained. While the latter solution is more desirable, the former is often less costly on short term projects. Increasing local wage rates will also affect market decisions about business investment in the Marianas. 3. Island Development Priorities SAIPAN More than any other island, Saipan is expected to be the recipient of the majority of development associated with tourism, agriculture, construction, government services, and fishing. Saipan has the largest population, the most extensive infrastructure, the best port and harbor, the majority of the skilled labor and professional workforce, and the greatest variety af services. TINIAN The people of Tinian find themselves in an unusual situation. As a result of the negotiations with the United States which created the Commonwealth, two-thirds of Tinian's land mass may be leased for use by the U.S. military. Until it is determined whether or not the military will exercise this option, the future of Tinian remains unclear. At this time, the largest cattle and dairy operation in the Common- wealth is situated on Tinian, partly within the military retention area. Improvements are being made to the harbor and airport. The airport improvements, when completed, will allow resumption of major commercial airline service, bringing tourists and the capacity to export agricultural produce to Saipan, Rota, Guam and Japan. Tourism is expected to increase in importance and new facilities will be necessary. ROTA Agriculture and tourism, the two dominant economic activities on Rota, both influence and are influenced by the local lifestyle. Most residents are engaged in sub- sistence farming and approximately 25 to 30 persons are currently involved in commercial operations. With the recent opening of a new resort hotel and the completion of airport facilities, tourism is expected to increase dramatically. Commonwealth and Rota officials have also received a proposal to build a major oil transshipment, storage and refining facility on Rota. 51 THE NORTHERN ISLANDS Pagan is the only island that is targeted for development at this time. There are plans to improve the airstrip so larger planes may be used to transport people and cargo. A refrigeration unit and new electrical generator are also planned. These will greatly ehnhace the potential to expand agricultural and commercial fishing operations. The people of Pagan believe that,the special beauty of their island, the hot water springs and fresh water lake make the island an ideal location for a small resort. For a discussion of the primary coastal development plans and proposals for these island areas, see Section D of Chapter IX. 4. Hazards The islands within the Northern Marianas archipelago are particularly subject to natural disaster as a result of tropical storms, typhoons, earthquakes, tidal waves, fires and floods. The possible construction and operation of an oil transshipment and storage facility in the Common- wealth adds the possibility of major oil spills to this list. The single most predictable and most frequent threat to the Northern Mariana Islands is from the effects of typhoons. - Typhoons Typhoons most commonly strike during the months of August and September. These storms have winds of 60 mph up to 150 or 200 mph. While the occurrence of stremely high velocity typhoons is rare, such storms bring extreme winds and very heavy rain. The CNMI has an average of 28.4 typhoon alerts per year. Earthquakes while there is no record in the Northern Mariana Islands of a recent earthquake exceeding 17' on the Richter Scale, earth tremors are very common and the potential for a major earthquake in the Northern Mariana Islands exists. - Floods Annual precipitation in the Northern Mariana Islands is about 70 inches. Unless unusual conditions bring tropical disturbances of excessively heavy rain storms, the 'limestone 52 and magma' composition of the Northern Mariana Islands normally allows for adequate percolation. Low lying areas with poor drainage have, however, been extensively flooded in the past. Fires In 1972, a major fire broke out in Pagan, Northern Mariana Islands. The fire almost totally devastated the island's coconut trees before it eventually burned itself out. If this same incident had occurred in the more populated areas within the Northern Mariana Islands, a major disaster would have resulted. Brush fires are a common occurrence during the dry season. Often, these fires spread to populated areas and pose a threat to residents. With continuing growth in population, fire becomes a proportionally greater hazard. Water Pollution and Oil Spillage Although the Northern Mariana Islands is not considered a high risk oil spill area, the proposed development of a major oil transshipment facility is cause for a great deal of concern. First, heavy international oil tanker traffic would travel in close proximity to the Northern Mariana Islands. Second, the fragile nature of the reef and aquatic eco-systems around the Northern Mariana Islands would be. continually threatened. The problems associated with the transshipment of oil would be greatly exacerbated during typhoon conditions. WW II Ordnance "Boonie stomping" is currently a popular tourist attraction. This activity includes the searching for, and collection of, WW II artifacts and ordnance. A dozen accidents have been recorded involving persons innocently picking-up grenades or projectiles. On a larger scale, the exportation of unexploded WW-II ordance aboard commercial aircraft departing the Northern Mariana Islands, by tourists, presents a unique and potentially disasterous situation. 53 Tsunami Because the Northern Mariana Islands are the peaks of the tallest mountains in the Pacific Basin, and because no shoal is provided for seismic sea waves to crest upon, there is no historic record of Tsunami occurrence in the Northern Mariana Islands. Nevertheless, the possibility of coastal flooding due to seismic sea waves is possible. Storm Surge Much of the population of Saipan in particular is concentrated in low lying areas in close proximity to the ocean. Storm surge in combination with tropical storm conditions has the potential to inundate these areas with water. This underscores the importance of potential projects in coastal areas being constructed and maintained in such away so as to resist flooding under typhoon conditions. 54 CHAPTER II: THE CRMP MANAGEMENT APPROACH A. CRM Program Development A variety of strageties for implementing the Commonwealth's Coastal Resources Management Program (CRMP) were investigated during the period of program development. Initial consideration was given t placing the program entirely within a line depart- ment, utilizing the regulatory authority which exists within executive departments by Public Law 1-8. This approach was re- jected when it became apparent that no one department, acting alone, had sufficient authority to control all uses subject to the management program. The rejection of this strategy led to the investigation of an independent agency approach. This direction was fostered by the Physical Development Master Plan, which saw the role of the CRM agency as a centralized planning and land use entity. The totally independent agency approach, however, was neither well coordinated nor understood. In the end, this approach was abruptly terminated, when, at the request of key government officials, the independent agency concept was further expanded to require the relocation of resource divisions, from various de- partmental aluthorities, to the CRM agency. Resulting from this and the nature of the program (which was perceived as "too ex- tensive"), a concerted effort to formulate alternative strategies was launched by affected agencies in the Executive Branch. A result of this effort was the creation of the CRM Task Force. The purpose of the Task Force was to determine the most appropriate management strategy, and to bring together, for the purpose of resolving conflicts, those agencies and members of the private sector who would be affected by the program. During the period from July 1979 to January 1980, the Task Force arrived at a consensus as to the program structure, manage- ment boundaries and policies for specific management areas. The Commonwealth-wide boundary of the coastal management area was re- tained and the program's attention was focused on Areas of Parti- cular Concern (APCs) on the three principle islands, and on authority to control major gitings (those activities having the potential to directly and significantly impact coastal waters) anywhere in the Commonwealth (see Figure VII). The authority for the program comes from Public Law 1-8 (the Government Organization Act, see Chapter VII), and Executive Order #15, signed by the Governor, which adopts the government processes, development, andresource policies developed by the Task Force as Commonwealth policies. Further, it directs all departments and agencies to conduct 'their activities in a manner consistent with these policies. This specifically refers to any 55 Figure VII CZM PROGRAM DEVELOPMENT PROCESS OCZM PROGRAM ELEMENTS STUDY PROCEDURES RECOMMENDED MANAGEMENT PROGRAM (REQUIREMENTS) CZM PROGRAM IMPLEMENTATION MECHANISMS BOUNDARY TERRESTRIAL INVENTORY COASTAL GOALS AND REVISED ORGANIZATIONS PERMISSIBLE PSES MARINE INVENTORY POLICIES AND AUTHORITIES MANAGEMENT BOUNDARY PERMIT SYSTEM AREAS OF PARTICULAR PUBLIC/GOVERNMENTAL CONCERN PARTICIPATION ORGANIZATION AND EXECUTIVE ORDER AUTHORITIES REVISION PUBLIC/GOVERNMENTAL AESTHETIC/VISUAL QUALITY REGULATIONS INVOLVEMENT ASSESSMENT EXISTING COMMONWEALTH AND FEDERAL AUTHORITIES FEDERAL INTERACTION ECONOMIC ANALYSIS AND THE NATIONAL LEGAL/INSTITUTIONAL ANALYSIS COORDINATION PROCESS INTEREST FEDERAL INTERACTION SHORELINE ACCESS AND THE NATIONAL INTEREST SITING OF ENERGY FACILITIES COASTAL EROSION fiscal, budgetary, or provision of services by the Commonwealth government. The executive order directs key regulatory agencies to promulgate and adopt joint regulations, creating a coastal permitting system designed to regulate projects in the APC's, as well as major sitings occuring anywhere in the Commonwealth. An Advisory Council, which is charged with advising the program on policy changes, variances, conflict resolution, etc., was also established by the order. The CRM Regulations establish a coordination process which brings certain existing authorities directly into the management program as well. For example -- no.coastal permit may be issued without the applicant first having an earthmoving permit -- a permit, issued by the Division of Environmental Quality (DEQ), which requires an erosion and sedimentation prevention plan to be included in a project's design. Similarly? the issuance of a . business permit, issued by the Department of Commerce and Labor (DCL), may be conditioned upon the approval of a coastal permit, when such a permit is required. This inter-locking mechanism for the issuance of various permits helps to ensure inter-agency co- ordination and adherence with coastal resource management policies, as well as to prevent the issuance of contradicting permits. B. CRM Program Overview The CRMP is a Commonwealth government mechanism which: 1. Articulates Commonwealth policy for the effective management, beneficial use, protection and develop- ment of its coastal resources. WHY (a) to provide an orchestrated statement clearly d6fining the Government's resource policies. (b) to provide leadership in the Government and private sector -- in order to promote the rational balancing of development, resource capability, public need and future opportunity. (c) to provide institutional safeguards which protect decision makers from social and political pressures. HOW (a) The Commonwealth, by Executive Order and Regula- tions, memorialized the goals and policies of the CRMP as developed in coordination with the Depart- ments of Natural Resources, Commerce and Labor, Public Works, the Attorney General, the Divisions of Marine Resources, Environmental Quality, His- toric Preservation, the Marianas Public Land 57 Corporation, the Planning and Budget Affairs Office (Transportation, Energy, HUD 701, EDA), the Technical Advisory Committee, Citizens Advisory Committee, Representatives of the Legislature, Chamber of Commerce, and comments and testimony received at public hearings and workshops. (b) The Commonwealth has, by Executive Order, directed all Commonwealth departments, agencies, offices, and instrumentalities to incorporate CRMP goals and policies into their programs and to conduct their activities in a manner.which is consistent with CRMP policies. (c) The Commonwealth has incorporated, by regulation, those policies, standards and priorities for uses and areas subject to management. 2. Identifies uses and areas in the coastal zone which require management and allows for the inclusion of uses in- and areas which may require management the future. WHY (a) to provide predictability as to what uses are subject to management and under what conditions. (b) the Commonwealth has an affirmative duty to iden- tify the reasons a use or area requires management. HOW (a) The Commonwealth identified areas subject to management by: 1), defining coastal zone boundaries by Executive Order; 2) mapping the coastal zone; 3) mapping Areas of Particular Concern (APC); 4) the phsycial, biological and human environ- ments of these areas have been defined nar- ratively in: Atlas of the Reefs and Beaches of Saipan, Tinian, Rota and Aguijan Beaches, Coastal Environments, and Alternate Sources of Fine Aggregate Natural Resources Study 58 A Survey of the Fish Resources of Saipan Lagoon Improving Shallow Water Fisheries Problems and Issues in the CNMI Coastal Zone Methodology for Analysis of Resources '�@ignificance (b) The Commonwealth identified uses subject to manage- ment by: 1) establishing shoreline, wetlands, lagoon and reef, and port and industrial APCs in which any project, not specifically or generically excluded, is subject to management through the coastal permit process. 2) establishing regulations, requiring a coastal permit for any project outside of the APC's, having the potential to directly and signi- ficantly impact coastal waters. Specific and generic guidelines determine uses subject to management. (c) Formulating criteria and procedures for selecting additional APCs set forth in the regulations. 3. Establishes a method which allows.CommonwealthXesource agencies to participate in management decisions which affect coastal resources. WHY (a) to coordinate the flow of information for open and effective communication. (b) to coordinate review of projects and to assure ap- plication of the CRMP goals, policies and standards by agencies and the utilization of their staff ex- pertise in,that review process. (c) to coordinate the actions of different levels and functions of government so as to unify government action. HOW (a) The Executive Order states that the CRMO will co- ordinate the implementation of the Coastal Resources Management (CRM) policies and shall continually review and monitor Government activities for their consistency. 59 (b) The regulations create a coordination system by: i) designating a lead agency, participating and advisory agencies for.each APC and setting the criteria for selecting parti- cipating and advisory agencies for major sitings. ii) requiring a permit for major Sitings and for projects in APCs. iii) requiring review of permit applications by program agencies. iv) requiring lead and participating agencies, together, to approve, condition or deny, in whole or in part, each permit applica- tion. V) requiring lead and participating agencies reviewing applications to consult with the Coastal Advisory Council (CAC) where such advice may be of assistance. Such advice will be summarized in writing and attached to the coastal permit application. vi) requiring the CRMO to certify applications as complete before their transmittal to relevant lead, participating and advisory agencies. vii) allowing variances to be granted, after review, by any program agency and the CRMO; requiring that the advice of the program agencies and the CAC to be summarized in writing. viii) requiring all plans, programs, CIPs, etc., to coordinate with the CRMP. ix) requiring the CRMP to review Federal projects for consistency (see Chapter 7). 1. projects which require Federal permits or licenses require coastal permits and therefore are reviewed by program agencies, as well as the CRMO, which makes the final decision on consistency (see Chapter 7). 2. certificates of consistency are attached to applications for Federal assistance and are reviewed through 60 normal A-95 clearinghouse procedures (see Chapter 7). 4. Identifies existing Commonwealth Authorities. WHY (a) to identify relevant management authorities so as to facilitate access to legal information both for the public and for Government entities. to utilize existing authorities, where sufficient, in order to avoid proliferation of unnecessary agenciesf laws and regulations. (c) so that unclear existing laws and regulations can be assessed and revised to establish a comprehen- sive and effective management program. HOW (a) Chapter 5 of the Program Document identifies existing Commonwealth and Federal authorities, laws, regulations, and Executive Orders. 5. Promulgates new authorities to broaden the Commonwealth management authority. WHY (a) to coordinate the development,of new resources management controls and amendments which are reflective of Commonwealth policy. (b) to broaden the authority to manage uses and areas subject to the program. HOW (a) using existing authority via Chapters 3,9,12,13 and 15 of P.L. 1-8, and Executive Order 15, the Departments of Natural Resources, Commerce and Labor, Public Works, Division of Environmental Quality and the Attorney General's Office, jointly promulgate CRMP regulations. No one agency generally has sufficient authority to manage inter-disciplinary aspects of coastal. resources management (see Chapter 6). 6. Coordinates the application of Federal authorities, programs and other interests which affect the Coastal Zone. 61 WHY (a) to ensure that Federal involvement in projects within the Commonwealth is consistent with Common- wealth policies for resource management. (b) to ensure that Commonwealth decisions adequately consider national and regional interests. (c) to promote the flow of resource information to the Commonwealth and Federal governments. (d) to avoid duplication of effort. HOW (a) Executive order No. 15 designates the CRMO as the reviewing authority of the Commonwealth to ensure the coordination and consistency of Federal actions or Federally licensed or permitted activities, affecting the coastal resources of the Commonwealth, with CRM policy. (b) the regulations state that any application submitted to the Planning and Budget Affairs Office for any Federal assistance program listed in the Catalog of Federal Domestic Assistance shall include a certification of consistency with the CRMP. If a coastal permit is required for a project carried out with federal assistance, then both applications should be made simultaneously. 7. Identifies new and existing Commonwealth and Federal authorities. WHY (a) to facilitate information dissemination to those individuals and agencies affected by Commonwealth and Federal authorities. (b) to chart inter-agency jurisdictions for a clear understanding of the legal framework by the Commonwealth, Federal government and private sector. (c) to avoid duplication and overlap in future planning efforts.. (d) to disseminate information on legal constraints/pro- hibitions so as to prevent/solve resource problems. 62 HOW (a) A description of Commonwealth and Federal Authori- ties has been included in Chapter 6 of the CRMP document. The document is available to all Common- wealth and Federal entities and to any member of the public. 8. Implements Commonwealth authorities WHY (a) to execute resource management policy. (b) to control uses and areas subject to management. (c) to place public interests above private interests where appropriate. H OWT (a) Executive Order No. 15 declares the goals and policies of the CRMP tobe the goals and policies of the Commonwealth and requires all departments, agencies, offices and instrumentalities of the Commonwealth to incorporate them 'into their programs and to conduct their activities in a manner consis- tent with these goals and policies. (b) Executive Order No. 15 appoints the CRMO to coordi- nate the implementation of CRM policy and monitor Commonwealth government activities for their consistency with CRM policy. (c) Regulations state that any person who violates any provision of the CRM regulations shall be subject to a civil fine, not to exceed ten thousand ($10,000) dollars. 1. enforcement procedures, policies and penalties are detailed in the regulations. 9. Provides broad opportunity to include the public inter- est in government-policy development and decisioH@@m`aIE`g- WHY (a) to institutionalize procedures so as to bring public values into government decision-making, learn of problemsf issues and new ideas, and to prevent conflict and hostility towards necessary government regulations.' 63 (b) to inform the public of what government is doing and how it affects them. (c) to determine the social, cultural and financial impacts of the CRMP. How (a) See Chapter 8 of the CRMP document for a des- cription.and outline of CRMO consultations with the public during program devleopment. (b) Executive order No. 15 1. establishes the Coastal Advisory Council as an advisory body to the departments and agencies which will implement the CRM program and requires that all meetings be open to the public and that the opportunity for public participation be provided for. 2. declares that it will be Commonwealth-wide policy to promote, through a program of public education, the concept of balanced resources management and to promote the participation of the public in conservation and wise development of coastal resources. (c) Section III of the regulations sets the CRMO res- ponsibilities in the areas of public participation and information dissemination. 10. Institutionalizes ongoing Planning and coordinates processes for managing coastal resources. WHY (a) to provide a mechanism to assure ongoing consistency with the management program. (b) to memorialize procedures for looking into the future. Examples of such procedures include, the Shoreline Erosion planning process, Shorefront planning process and the Energy Facility planning process. (c) to coordinate future plans to assure consistency with.coastal policies. HOW (a) Executive Order No. 15 states that there is a clear need to establish an efficient government 64 mechanism to coordinate and wisely manage uses of the land and water resources of the coasts. Based on this heed, the Executive Order declares it to be Commonwealth policy to: i) plan for and manage any use or activity with the potential for causing a direct and significant impact on coastal waters. ii) encourage land-use master planning, flood- plain management and the development of zoning and building code legislation. iii) conduct government business in a manner consistent with the CRMP. 65 CHAPTER III: POLICY GOALS AND OBJECTIVES OF THE NORTHERN PaRIANAS CRMP A. Introduction This chapter discusses the Policy Base for the CNMI CRMP. The policies, goals, and objectives discussed in this chapter flow from the spirit and the intent of the Coastal Zone Management Act. They reflect national goals and national policies, as well as an awareness and an appreciation of the Northern Marianas' unique island environment. Under an approved CRIMP, the overall goals and policies of the Northern Marianas will: (1) be used to measure the consistency of Commonwealth government actions with the CRMP; (2) outline the parameters in which the CRMP is authorized to act; (3) provide resource management guidelines for actions taken by Commonwealth agencies which would affect the coastal zone; (4) provide the basis for APC and major siting policies and standards; (5) after 306 approval, be used to-measure consistency of federal actions which might affect the coastal zone. The authority to implement the goals and Policies, vested in the CRMO, is in Executive Order 15, which mandates that: "The goals and policies shall be the goals and policies of the Commonwealth for the management and development of the Commonwealth's coastal land and water resources. All de- partments, agencies, offices, and instrumentalities of the Commonwealth government shall take action to incorporate these goals and policies into their programs and to conduct their activities in a manner consistent with these goals and policies. This specifically refers to any fiscal, budgetary or other economic activity of, any regulatory activity of, and any provision of services by the Commonwealth government. The CRM Office will coordinate the implementation of the CRM Policies by the Commonwealth government and shall continually review and monitor Commonwealth government activities for their consistency with the CRM Policies and shall regularly report to my office on its findings." 66 B. Goals Commonwealth-wide It shall be the Commonwealth goals to: 1) Provide for the orderly use and development of coastal resources of the Northern Marianas. 2) Protect, maintain and replenish the coastal resources of the Northern Marianas. 3) Provide for governmental coordination in order to implement the Coastal Resources Management program in a manner which is direct and effective. 4) Promote social and economic development and growth while recognizing the need to balance the limited coastal resources. 5) Manage the impacts of human activity on the use and development of renewable and non-renewable resources so as to maintain and enhance the long-term productivity of the coastal environment. 6) Protect, maintain, preserve, and restore, to the extent practicable, the overall quality of the coastal resources, the natural and man-made resources therein, and the scenic and historic resources for the benefit of the residents and visitors to the Commonwealth. C. Policies Commonwealth-wide Under an approved CRMP, the following section would guide government actions in the Commonwealth Coastal Zone. It also articulates the Commonwealth position on government processest development and resources which are related to resource manage- ment. They assist development in the private sector by intro- ducing.a greater degree of stability in resources management and siting predictability. The policies are intended to supplement the Physical Development Master Plan (PDMP) by establishing resource sensitive management approaches. Both are oriented toward supporting CNMI economic development priorities. The CRMP anticipates and seeks to avoid or mitigate adverse impacts arising from such development. Government Processes The Commonwealth shall: (1) encourage land-use master planning, floodplain management and the development of zoning and building code legislation. 67 Rationale Behind Policy Laws pertaining to floodplain management, zoning, and building codes do not exist in the Northern Marianas. The Physical Development Master Plan has been written for the islands of Saipan, Tinian, Rota, and Pagan, but has not, with the exception of the Marianas Public Land Corporation, been formally adopted by any government agency. The absence of such plans and laws has resulted in haphazard development and stress to the islands' fragile ecosystems. Public safety is also jeopardized by uncontrolled development in hazard areas. orderly development is dependent upon resource sensitive planning. Failure to provide proper management stems from the hesitancy of government officials to regulate land use practices -- a concept which is not well understood by the average citizen. Anticipated Activities Under an approved program, CRM would: (a) provide financial support and technical assistance to develop management tools such as research data, mapping, legislation and lobbying support, planningr policy coordination, and public education. (b) monitor planning programs to ensure adequate consideration is given to coastal resources policy, resources capabilities, articulated economic development options, hazards, infrastructure allocation and existing land use. (c) develop port plans and assist in park planning and development for coastal areas. (d) provide a broad based mechanism to coordinate the. development and implementation of land use plans, floodplain management techniques, building codes and zoning. (2) promote, through a program of public education and public participation, concepts of balanced resources management, conservation and wise development of coastal resources. Rationale Behind Policy Ultimately, the success of any government program is dependent on its acceptance and understanding by the public. At one time, the people of the Mariana Islands 68 were much more environmentally sensitive. Today, this sensitivity is lacking. There is a marked need to provide environmental education in the school system. In addition, the people of the Northern Marianas need to be integrated into the decision-making process. Anticipated Activities (a) CRM is currently in the process of instituting a curriculum entitled "Coastal Problems and Re- sources Management." This type of curriculum will be introduced at various education levels after an initial-trial at the high school level. (b) All CRM meetings will be open to the public thereby creating learning opportunities. (c) Assistance will be provided to the Public Informa- tion Office to disseminate relevant information through the various Commonwealth media. Coastal Views, the CRM newsletter, will continue to be published on a monthly basis. (d) CRM staff will be available to make presentations in the schools, legislative sessions, and before civic groups. (3) promote more efficient resources management through (a) coordination and development of resources manage- ment laws and regulations into a readily identi- fiable program; (b) the revision of existing unclear laws and regula- tions; (c) improved coordination among Commonwealth of the Northern Mariana Islands' agencies; (d) improved coordination between Commonwealth and Federal Agencies; (e) educational and training programs for Commonwealth government personnel, and refinement of supporting technical data. Rationale Behind Policy Current administration of existing laws and regulations does not always result in the most effective management of the Commonwealth's resources. Fragmentation of responsibility and lack of coordinated authority create significant confusion among enforcement agencies as to the extent of their jurisdiction. 69 When particular agencies with responsibility for en forcement or regulatory controls do not clearly under- stand the extent of their jurisdiction, alleged violators are allowed, through neglect, to continue and even expand activities which are obviously in direct conflict with the law. Understaffing of regulatory agencies is often cited as a reason for failure to address the violations and enforce or improve the laws, rules and regulations. Ministerial activities consume time which should be devoted to improving enforcement procedures and planning programs required by law. The lack of a sufficient data base, both for projecting population and describing specific characteristics of various land and water areas, hinders effective plan- ning, management and development of the island's resources. Demographic information, especially concerning popula- tion projections, is fragmented and incomplete. Serious data deficiencies exist regarding existing land and water use, property line maps (at least 1:4800 scale), government land maps, and the legal recording of parcel boundaries. Systematic appraoches to the correction of errors in the recording of parcels and land use changes are not developed. Resource data is limtied in such areas as fisheries potential, littoral processes, seismic falut zones, agricultural use impacts (pesti- cides, leachates, etc.) and soil drainage patterns. Anticipated Activities Anticipated activities, under an approved Coastal Resources Management Program, related to the improve- ment of government processes through data collection and coordination of governmental activities will include, in part, the following: .(a) Provide for revision on introduction of legis- lation clarifying relevant aspects of law in- cluding zoning, seashore protection, and use of hazardous lands. (b) Improve coordination among local agencies by fund- ing needed personnel in program agencies including the Department of Public Works, Attorney General, Division of Environmental Quality, Department of Natural Resources and Public Land Corporation. (c) Provide for increased coordination between the Commonwealth government and Federal agencies with identified interests in specific activities rela- tive to the scope of the CRM program. (d) Help agencies achieve consistent and effective ,enforcement programs by developing specific guide- lines on agency responsibilities and limits of 70 jurisdiction under land and water use laws. (e) Provide for the planning and establishment of training programs, seminars, workshops and similar activities to develop the skill levels of key personnel within program agencies. (f) Continue and expand efforts for the expansion and dissemination of technical base data for population, mapping, resource description and use, fisheries, agriculture and other areas. Development Policies The Commonwealth shall: (1) plan for and manage any use or activity with the potential for causing a direct and significant impact on coastal waters. Significant adverse impacts shall be mitigated to the extent practicable. Rationale Behind Policy .The CRMP is designed to regulate projects which may cause direct and significant impacts to coastal waters. Current management tools and resources to consider impacts to coastal waters are insufficient. Anticipated Activities Projected activities under an approved CRM program include: (a) full implementation of the CRMP regulations and Executive Order 15. (b) recruitment of additional professional staff with the knowledge and expertise to make informed siting decisions. (c) development of additional authorities for land management. (d) ongoing planning, and the review of new plans to ascertain that coastal policies are incorporated. (e) development of mitigation strategies for varying types of projects in Areas of Particular Concern. (f) enforcement of Commonwealth and federal statutes. (g) identification of suitable locations for projects likely to cause adverse impacts. 71 (h) coordinated application of coastal policies to infrastructure allocation. (2) give priority for wat'er-dependent development and shall consider the need for water-related and water-oriented locations in its siting decisions. Rationale Behind Poliq@ Land resources adjacent to coastal waters have been used with insufficient consideration of the suitability of such land for development or the water-dependency of the proposed use. Historical development of major transportation routes immediately adjacent to the shoreline,-particularly Beach Road in Saipan, combined withinappropriate shoreline development, has resulted in commercial and industrial activity along Saipan's coastline and, to a lesser extent, along the coasts of Tinian and Rota. Such development, whcih bears no relationship to the adjacent shallow reef flats and sandy beaches, con- tinues despite its detriment to the image of the CNMI and its coastal resources. Geographic accessand public utility constraints to inland development have posed serious impediments to expansion of the villages of Chalan Kanoa, Susupe, Garapan, Tanapag, and San Roque. These villages, while constantly beset by water supply, sewering, ro'ad maintenance, and other infrastructural problems, are, at the same time, blessed with superb natural coastal scenic resources. The historic development of these communities has fostered a closely-knit social structlure and the maintenance of a traditional land tenure system. Antic ipated Activities Projected activities related to shore area development under an approved CRMP will include the following: (a) Improve the coordination and enforcement of the wide range of existing authorities to manage the shore areas of the Northern Marianas for the benefit of entire public. (b) Initiate the development and implementation of land-use mechanisms designed to discourage pro- jects adjacent to the shore which bear no rela- tionship to coastal areas. (c) Provide technical ass istance to the Public Land Corporation to aid in the development of a more 72 effective program for the mapping of public lands so that land trading can become a more workable mechanism for correcting undesirable shoreline land use patterns. (d) Assist the Public Land Corporation in the dedica- tion of shoreline areas for public parks. (e) Actively participate in review of projects pro- posed to be located on or adjacent to the shore- line. (f) Continue and expand activities seeking public participation and involvement in decision-making processes affecting the public shore of the Northern Maianas. National Interest: (3) provide for adequate consideration of the national interest, including that involved in planning for, and in the siting of, facilities (including energy facilities in, or which significantly affect, the Commonwealth's coastal zone) which are necessary to meet requirements which are other than local in nature. Rationale Behind Policy The present development of major poublic facilities has been accomplished with insufficient attention to environmental concerns. While the development of the Commercial Port on Saipan, ports on Tinian and Rota, industrial facilities, energy facilities to.serve local needs, and other major facilities are required and desirable in the CNMI, siting should be accomplished through the coordination of the CRMP and other Commonwealth and Federal agencies. The policy also provides guidance for consideration of the national interest in proposals for any future major facility siting decisions. Anticipated Activities .Under an approved Program, the following activities and efforts are anticipated: .(a) Ascertain the national interest in planning, siting, and construction of major facilities through coordination with relevant Federal agencies. (b) Support Federal and Commonwealth efforts to identify, designate and plan for areas especially suited for economic development which require coastal locations, including but not limited to,:electric power generation, port, airport and other transportation 73 facilities, petroleum storage and refining, commercial fisheries, defense facilities, and major recreation facilities. (c) Assist the Commonwealth Government and private interests in locating major.commercial and indus- trial activities, which are not water-dbpendent, in areas which have adequate Public services and have the least impact on identified fragile resources. (d) Provide technical and financial assistance for the protection and preservation of unique floral and faunal communities within the impact areas of major facility developments. Coastal Hazards: (4) Not permit to the extent-practicable, development of identified hazardous lands including floodplains, erosion-prone areas, storm wave inundation areas, air installation crash and sound zones and major fault lines, unless it can be demonstrated that such develop- ment does not pose unreasonable risks to the health, safety or welfare.of the people of the Commonwealth, and complies with applicable laws. Rationale Behind Policy The CNMI's geographical location and geological struc- ture is such that major natural hazards are a way of life rather than occasional occurrences. Despite this fact, many hazard areas are not yet regulated or pro- tected from over-development. The CNMI lies within both a major typhoon belt and one of the most active areas of the Pacific Ocean Basin's "Ring of Fire," a zone of intensive seismic activity. Despite the fact that, from 1948-1977, over 80 tropical storms and typhoons passing within 180 nautical miles have caused millions of dollars in damage, development has continued in flood hazard areas and coastal areas. Very little information is available relative to areas adjacent to the fault lines in the islands. Research has indicated, though, that the Commonwealth is as . vulnerable to earthquake risk as Southern California. Anticipated Activities Under an approved Program, the following hazard area- related activities are anticipated: (a) Assist in the land-use aspects of periodic up- dating of the Commonwealth Disaster Preparation 74 Plan and provide technical and financial assist- ance to related efforts for the identification of natural hazard areas. (b) Provide assistance in the study of seismic fault zones which could pose a threat to urban development and prepare rules and regulations to promote safety in coordination with appropriate government agencies. (c) Coordinate closely with planning agencies and the Public Land Corporation in the zoning of identi- fied hazard areas (seismic fault zones, flood hazard areas), in which certain uses should be limited. (d) Develop management plans in compliance with the requirements of the National Flood Insurance Pro- gram and continue to update the official flood hazard area maps. (e) Study and assist in the implementation of building standards for flood, typhoon and earthquake resist- ant construction of residential, commercial and industrial structures or facilities. (f) Conduct an educational program on natural hazards and the ways in which the public may reduce these hazards to property and person. Coastal Transportaton: (5) While developing an efficient and safe transportation system, including waterborne, mitigate to the extent practicable adverse environmental impacts, including those on aquifers, beaches, estuaries and other coastal resources. Rationale Behind Policy Alternative means of transportation to the automobiles, such as public bus lines, do not exist. One bicycle path parallels Saipan's Beach Road, but generally poor conditions of road shoulders and lack of driver recog- nition of the limitations of the bicycle make bicycling dangerous. These conditions have made the use of private motor vehicles virtually the sole means of transport. Future expansion of the road system, especially Beach Road in Saipan and the main road east of the village in Rota, will pose a threat to the shorelines in these areas. Recently, a private company has initiated inter-island ferry service for pedes- trians and automobiles. While this is seen as a boon 75 to commerce and tourism, it adds a new dimension to the potential for transportation related impacts. AnticipatedrActivities (a) Review all proposed highway expansion plans for consistency with the Coastal Resources Management Program. (b) Support research and development of mass transit systems and alternative modes of-transportation. (c) monitor various transportation systems for coastal related advantages and disadvantages. Erosion and Land Runoff: (6) Require any development to strictly comply with erosion, sedimentation, and related land-use districting guide- lines, as well as other related land and water use policies for such areas. (7) Maintain or increase coastal water quality through con- trol of erosion, sedimentation, runoff, siltation, sewage and other discharges. Rationale Behind Policies Onshore construction practices in areas of overburden and steep slopes have created serious erosion problems. Development in areas having a substrate of clays and unconsolidated weathered volcanics has caused erosion and subsequent siltation of reef flats. Project de- signers often do not consider erosion as a constraint to development and thus propose grading and clearing of clay-qovered slopes without proper erosion prevention safeguards. Application of erosion management practices via earthmoving permits have been uneven and inconsistent. Anticipated Activities (a) Designation of areas with excessive slopes as Conservation Districts. (b) Coordinate the uniform application of Earthmoving Regulations to control damaging erosion and siltation. (c) Research effective erosion management programs to reduce adverse effects. 76 'Cultural-Historic Resources: (8) Recognize and respect locations and properties of his- torical significance throughout the Commonwealth, and ensure that development which would disrupt, alter, or destroy these, is subject to Commonwealth and any ap- plicable federal laws and regulations. (9) Recognize areas of cultural significance. Development which would disrupt the cultural practices associated with such areas shall.be subject to a consultation process with concerned ethnic groups and any applicable laws and regulations. Rationale Behind Policies Laws which regulate development with the potential to disrupt locations where historic properties exist or. where traditional cultural activities, practices and uses occur are applied disparately or not enforced. In the past, certain developments have used lands exclusively, reducing the areas available for cultural practices. Additionally, as development increases and the economy expands, it will be increasingly difficult to maintain a traditional lifestyle for those who wish to do so. Anticipated Activities Under an approved management program, the CRMP would: (a) Study traditional cultural practices and determine any location critical to the practice in order to provide management solutions. (b) Coordinate with appropriate agencies to enhance the viability of traditional cultural practices. (c) Assist relevant agencies to protect and maintain important historic properties, and assess their potential need for designation as APC's. (d) Provide adequate consideration of cultural con- cerns in Commonwealth decision-making processes. (e) Coordinate the application of Commonwealth and Federal authorities. Resource Policies The Commonwealth shall: Air and Water Quality: (1) require compliance with all local air and water quality laws and regulations and any federal air and water quality standards. 77 Rationale Behind Policy The high overall quality of the Northern Marianas' coastal waters is threatened by polluting discharges from various sources. The islands' major aquifers could be polluted from uncontrolled development, lack of functioning sewers or extensive use of pesticides or herbicides. Saltwater intrusion is evident in many drinking water wells. Development standards are needed to reduce erosion and sedimentation. Air quality is generally high, but open burning, unregulated industrial pollution and automobile exhaust contribute to problems locally. Anticipated Activities Under the approved management program, the following activities would be pursued: (a) Ensure that all proposed projects affecting water quality meet federal water quality standards. (b) Support and provide financial assistance for re- search, public awareness programs and enforcement of water quality standards. (c) Assist in determining the applicability of certain Federal air and water quality standards to the CNMI. (d) Assist in development of standards to better control particulate emissions during construction activities. (e) Assist in developing alternatives to those acti- vities which contribute most to air pollution, particularly automobile transportation and burning of solid waste. (f) Assist in the establishment of construction standards to reduce erosion and sedimentation. (g) Link the issuance of coa stal permits to compliance with federal air and water quality standards. Sensitive Areas: (2) Not permit, to the extent practicable, development with the potential for causing significant adverse impact in fragile areas such as designated and potential historic and archaeological sites, critical wildlife habitats, beaches, designated and potential pristine marine and 78 terrestrial communities, limestone and volcanic forests, designated and potential mangrove stands and other wetlands. (3) Manage ecologically significant resource areas for their contribution to marine productivity and value as wildlife habitats, and preserve the functions and integrity of reefs, marine meadows, salt ponds, man- groves and other significant natural areas. Rationale Behind Policies Development within or impacting upon unique terrestial ecologic communities has seriously threatened certain unique animal and plant life. Residential, commercial, and industrial activities often fail to develop in a manner complimentary to the characteristics of the terrain. Wetlands, reef flats, clifflines, ravine forests and historic archaeologic sites are increasingly being threatened by development. Programs for the protection of unique marine habitats are undeveloped. Effects from thermal effluents, sewage, runoff pollutants, and erosion mandate the development of programs which monitor and strictly regulate such discharges in order to protect marine environments. - Anticipated Activities Activities which would be pursued under an approved Coastal Resources Management Program include: (a) Provide financial and technical support for the study of unique ecological communities of the Northern Marianas. (b) Assist the Department of Natural Resources and Division of Marine Resources in developing a public awareness program on the fish and wildlife resources of the Marianas. (c) Encourage and support activities and programs designed to protect or restore fragile areas including historic sites, pristine ecological communities, wildlife refuges, marine sanctuaries and reserves, and critical habitat through the provision of technical and financial assistance. (d) Through cooperative agreements, assist the U.S. Fish and Wildlife Service, Coast Guard, National 79 Marine Fisheries Service and any other agencies in the enforcement of conservation laws. (e) Carefully manage development which would affect fragile areas. Fisheries: (4) Manage the development of the local subsistence, sport and commercial fisheries, consistent with other poli- cies. (5) Protect all resources within the coastal waters, particularly sand, corals, fish and habitat from taking beyond sustainable levels and in the case of marine mammals and any species on the Commonwealth and Federal Endangered Species list, from any taking whatsoever. Rational Behind Policies To date, a comprehensive program has not been developed for exploitation of Commonwealth fisheries resources. Illegal fisheries techniques are utilized in catching reef fish, despite laws prohibiting their use. Lack of sufficient enforcement personnel allows such practices to continue. Without effective management programs, overharvesting of certain species, underutilization of others and habitat destruction result. Development activities often conflict with traditional fishing practices. Anticipated Activities The CN14I Coastal Resources Management Program will assist in the: (a) Provision of technical and financial support for the planning and implementation of a Fisheries Development and Management Plan.. (b) Provide adequate consideration of the relationship between development and traditional fishing practices. (c) Development of legislation or rules and regula- tions for the protection of marine mammals and endangered species of plants and animals, and important habitat. (d) Press for resolution of FCMA issue and/or waiver from constraints. (e) Encourage aquaculture and mariculture development and production consistent with CRM policies and environmental protection standards. 8D (f) Encourage the development of viable, responsive regional cooperation. Aesthetics: (6) Encourage preservation and enhancement of, and respect. for, the Commonwealth's scenic resources through the development of, increased enforcement of, and compli- ance with, sign, litter, zoning, building codes, and related land-use laws. (7) Discourage, to the maximum extent practicable, visually objectionable uses so as not to significantly degrade scenic views. Rationale Behind Policies The scenic quality of Saipan's shoreline is deterio- rating in urban areas. Inadequate or non-existent zoning, sign, and subdivision laws lead to general degradation of the Commonwealth's scenic qualities. General public apathy toward refuse disposal despite intensive public education efforts by government agencies and private groups, has led to a proliferation of park and beach littering, abandonment of junk vehicles, and illegal dumping. Inadequate funding in the area of park maintenance further compounds the problem. Anticipated Activities The Commonwealth will, through an approved CRMP: (a) Vigorously apply water-dependent criteria to the development of shorefront lands. (b) Provide technical and financial support to those agencies involved in the planning, management and restoration of scenic areas, including such island beautification activities as litter clean-up,-, re- moval of abandoned vehicles and structures, adop- tion of zoning and sign laws and development of parks, scenic highways, overlooks and trails. (c) Assist in developing alternative solid waste management programs such as artificial reefs. Recreation: (8) Encourage the development of recreation facilities which are compatible with the surrounding environment and land-uses. Rationale Behind Policy Recreational facilities and parks are underdeveloped 81 throughout the Northern Marianas. Use of existing facilities is heavy, and some sites are being damaged due to overuse. Anticipated Activities (a) The CRMP will coordinate with the Department of Natural Resources and Public Land Corporation in the implementation of a Parks and Recreation Master Plan. (b) The CRIMP will identify potential sites for in- clusion within the Park system, and to assist in their acquisition and development. (c) Assist the Public Land Corporation to dedicate shorefront properties for recreational uses. (d) Coordinate the development of American Memorial Park. (e) Coordinate the development of underwater parks. Coastal Access: (9) Encourage the preservation of traditional rights of public access to and along the shorelines consistent with the rights of private property owners. (10) Pursue agreements for the acquisition and/or use of any lands necessary to guarantee traditional public access to and along the shorelines. Rationale Behind Policies Access to certain beach and reef areas, particularly along the urban waterfront areas, is impeded by strip commercial development. In other areas, private resi- dents restrict access to beaches from the main highway by posting signs alleging ownership of the beach. However, access is usually attainable from adjacent beach areas, approaching along the shoreline itself. Anticipated Activities Under the approved CRIMP, the CRMO will: (a) Encourage the application of existing law relative to public rights of access to coastal and inland recreational areas and promote increased provision of public access through private properties by planning access routes through new developments, and pursuing easements through major blocks of restricted beachfront areas. 82 (b) Provide assistance for development and maintenance of structures which enhance access such as picnic shelters, boat launch ramps, trails, etc. (c) Provide technical assistance and support for the development of cooperative use agreements with the military for joint use of coastal recreation areas adjacent to military land. Agricultural Preservation: (11) Encourage agricultural development and the preservation and maintenance of critical agricultural lands for agricultural uses. Anticipated Activities The CRMP will: (a) Assist in establishing agricultural land use districts. (b) Consider projects on critical agricultural land as major sitings, subject to program management. (c) Encourage the designation of special management techniques to preserve or utilize prime agri- cultural land. (d) Support the government's Agricultural Homestead Program directed toward improving the island's level of agricultural production and increased self-sufficiency. (e) Study the effects of fertilizer, pesticide and herbicide runoff into aquifers and coastal waters. 83 CHAPTERIV. AREA SUBJECT TO THE IIANAGEMEI@t j?ROGRAM- A. THE COASTAL BOUNDARY Section 923.30 of the Final Regulations for Coastal Zone Management Programs, cites the following statutory section of the Federal Coastal Zone Management Act, as guidance for boundary definition: "Subsection 302(l): The term "Coastal Zone" means the coastal waters (including the lands therein and thereunder), and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other, in proximity to the shore-lines of the several coastal states, and included islands, transitional and inter-tidal areas, salt marshes, wetlands and beaches. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents." Several alternative definitions of the Coastal Boundary were discussed with members of the CNMI Technical Advisory Committee. The Committee took cognizance of the fact that land use almost anywhere in the Commonwealth has the potential to directly and significantly impact Coastal waters. Thus, the Committee concluded that the entire land area of the Commonwealth should be included in the definition of Coastal Zone. The application of the Area of Particular Concern (APC) device (see Section D.) in the Commonwealth creates, on the islands of Saipan, Tinian and Rota, a two-tiered coastal management boundary. The APC, as the direct type of boundary, establishes (with the exception of the Shoreline APC, which is uniformly described for.each island) specific delineations' within which all activities are made subject to the Management Program. Regulations adopted pursuant to the Governor's Executive Order create a joint permitting program and bind Commonwealth regulatory agencies into conformance with the policies, standards, and priorities of the CRM program. The second-tier boundary, which in the case of all the remaining islands, is the only boundary, includes all the remaining land and water,areas that are subject o Commonwealth laws. Within these areas, only those proposed projects that, 84 have been identified as having potentially direct and significant impacts on coastal waters will be managed (see Chapter V, "Major Sitings"). B. SEAWARD BOUNDARY Pursuant to Section 923.32 of the Final Regulations for CZM programs, the seaward boundary of the coastal zone is the outer limit of the United States territorial sea as defined in 19TTC 101(3). This definition does not alter other claims on ocean areas, nor is it affected by Federal statutes such as the Fisheries Conservation and Management Act. In the Northern Marianas, the seaward boundary forms a strip around each of the 14 islands. C. EXCLUDED AREAS CZM Rules and Regulations state that pursuant to the CZMA all lands under the direct control of the Federal Government shall be excluded from the Coastal Zone Management Plan. However, spill-over effects from federal activities an lands which are under Federal control are considered in this document. In addition, the CNMI CRMP recognizes that several large areas (Farallon de Medinilla and much of Tinian) are under direct or potential Federal control. D. AREAS OF PARTICULAR CONCERN The Federal Coastal Zone Management Act recognizes the fact that while the entire coastal area is important, certain areas because of their unique values require special manage- ment attention. The CZMA requires as a prerequisite to program approval.that each state or territory include in its management program "an inventory and designation of areas of particular concern within the coastal zone." While designa- tion does not carry with it any commitment to a specific management action within these areas, sufficient authority must exist to protect these areas and to encourage and promote uses for which they are most suited. The Act additionally provides for the establishment of guidelines for assigning priorities to proposed projects (including those of lowest priority) within designated areas of particular concern. For the purposes of program significa- tion, the term "area of particular concern" shall include "area for preservation or restoration" as described in Section 306(c)(9) of the CZM and in regulations at 15CFR 923.22. 85 CRITERIA FOR SELECTION In addition to those suggested in 15CFR 923.21, the following criteria were developed for identifying potential areas-of particular concern in the Commonwealth: (1) areas where there are or might be competing use demands, (2) areas of unique or significant natural resources, recreation opportunities, geological phenomena, or other exemplary natural characteristics, or (3) areas that contribute to the health, safety, and welfare of the general public. The four areas of particular concern which thus far have been established are: (1) the Shoreline APC, (2) the Lagoon and Reef APC, (3) the Wetland and Mangrove APC, and (4) the Port and Industrial APC. NOMINATION PROCESS FOR ADDITIONAL APC'S CRM P implementing agencies, with the advice of the CRMO and the CAC, in addition to considering APC boundary changes, shall also consider the designation of additional APC's upon the written request of any person. A written decision of such a request shall be issued with 90 days by the CRMO and the CRMP agencies. The criteria and procedure requirements for selection is contained in the CRMP Regulations (see Appendix). DESCRIPTION OF AREAS OF PARTICULAR CONCERN Shoreline APC Location: The Shoreline zone is that area between the mean high water mark and 150 feet inland on the islands of Saipan, Tinian and Rota. The Shoreline zone for these islands is delineated on the Areas of Particular Concern maps which are on file in the offices of CRMP agencies. In certain areas, the boundaries of other APC's overlap the shoreline zone APC. Physical Environment: The Physical environment of this APC is dominated by the sea. Within this narrow strip, the energy of the ocean is absorbed by the land. It is a constantly changing area where waves pound rock into sand and sand is transported along the shore. Coral reefs, seagrass beds, sandpatches, and other deep and shallow water habitats exist along the shoreline zone. 006 Rocky shorelines consist of sea cliffs and steep slopes developed along the seaward margin of high plateaus, raised terraces, and rocky headlands. Patches of raised, pitted and pinnacled limestone a few meters high are interspersed among beach deposits. Benches cut in limestone or volcanic rocks are also found along the shoreline. In many areas, particularly along sea cliffs, and steep slopes bordering limestone terraces and bench platforms, various sized blocks and large boulders buttress the shorelines. Most of the beaches on Saipan and Rota and all those on Tinian are composed of biogenic slumping of the adjacent coastal shoreland area and bioclastic (fragmented skeletal remains) detritus of reef origin. Most of the exposed surface rocks are composed of rather porous limestone, through which rainwater percolates very rapidly. Exceptions to this compositional pattern are found at a few places on the east coasts of Saipan and Rota. Some of these areas are characterized by exposed volcanic rocks which provide erosional detritus to the beaches. other areas are characterized by volcanic detrital material formed by surface drainage systems developing on top of exposed inland volcanic rock. Most of these drainage systems pass through limestone which adds detrital matter to the sediment load. Where this water drains at the shore, or where volcanic rocks are eroded by mass wasting, slumping, and wave action along the coast, sediments are intermixed with varying amounts of bioclastic materials that have been transported shoreward by waves from the adjacent subtidal reef and beach areas. The few beaches developed between these drainage mouths and the coastal exposures of volcanic rocks along the east- ern coasts, are bordered at the shore by limestone rocks and contain a considerably smaller fraction of volcanic detrital material indicating that there is little longshore transport of the detrital volcanic sediments. Biological Environment: The ecology of the shoreline APC is one of adaptation and response to change. Plants are hardy, salt-tolerant, and often low-growing. Animal species are comprised of both terrestrial and marine organisms. On beaches there are numerous species of crabs and molluscs which spend a portion .of their time in the water and a portion of their time on land or buried in beach sand. Further from the water, the species of upland areas begin to occur, increasing in frequency as distance from the shoreline increases. 87 Human Uses: The earliest settlements were along the shores of the islands. Within the shoreline zone on Saipan, there are residences, hotels, a shopping center, public buildings, stores, restaurants, and numerous recreation areas. Harbors and ports are also located within the shoreline zone. on Tinian and Rota, port facilities, public buildings, houses, and recreational facilities occur within the shoreline zone. (i) Introduction: One of the major reasons for implementing a Coastal Management Program is to properly protect and manage the immediate shoreline area. This area is most critical in that it has the greatest pressure for human use. The shore- line for is also a very fragile ecosystem. (ii) Conflicting Beach Uses: At existing hotel sites, heavy beach use is experienced. Sunbathing, swimming, sailing, snorkelling, and other recre- ational activities are practiced both by tourists and by local residents. Generally, the hotel management cleans these beaches of debris and organic material and keeps vegetation from encroaching on the beaches. Also, use conflicts are seen between boating activities and swimmers. (iii) Sand Mining: In Saipan, sand mining on beaches appears to be on a small scale, mostly by individuals, for domestic uses of concrete, such as house additions, patios, and repairs. The Beach and Coastal Environment report (Technical Report #8) documented evidence of beach mining on nearly every beach in Saipan, Tinian and Rota. On Tinian and Rota, there appears to be more beach mining occurring than in Saipan. Government officials state that it is being done by local construction companies. Rota presently has a rock crusher for making sand, and two quarries. The crusher is operated by the constructlon firm 'which is constructing the airport improve- ments. They will, however, sell sand to other firms. one beach in Rota, near the pre-War Chamorro settlement area, has been extensively mined and is still being mined for sand for housing construction in the government housing area. On Tinian, an area of backshore beach, south of Taga Beach, is being mined to some degree. Tinian's Mayor has requested a crushing plant, to put a stop to beachmining. On Saipan, there are some construction firms which are mining sand on the beach near the White Sands Hotel in San Antonio. All of these activities are occuring despite the fact that beach 88 sand is a poor source of sand for construction unless it is volcanic in origin. (iv) Shoreline Access: On Saipan, there appears to be no restrictions on beach access by land owners. There are a few areas of beach on the eastern side (Jeffries, Talofofo, Old Man by the Sea) where access is sometimes difficult due to poor road conditions. On Tinian, there is one major and at least one moderate sized beach to which access is presently restricted. Both of these beaches are located on the eastern side of Tinian in lands leased for cattle grazing by the Micronesian Development Corporation. There are gates across the access roads to these beaches. Local people do, however, use these beaches to a limited extent, and MDC has not objection to their doing so provided users close the gates after entering and exiting, so that livestock do not wander off. With the limited population of Tinian, this is not a serious problem. However, if the population should increase, either naturally or due to a military development, these beaches would be in much greater demand. Some of the existing beaches on the west side of Tinian are within military retention areas and could potentially be closed to the civilian population of Tinian when military development occurs. There are several beaches in the non- military area, and these appear adequate for the present population of the island. There would be intense pressure on these beaches, however, if military development caused a growth of the civilian population. On Rota, many private landowners are claiming owner- ship of beach areas and areas between the beach and the road. At present, the Commonwealth Government is awaiting the final cadastral survey maps for Rota, which will assist in determining the validity of such claims and the extent of the beach access problem. It appears, however, that approxi- mately one-fourth of the beach areas between Songsong Village and the point where the main road turns inland are presently posted as private. If a significant number of land claims can be proven, beach access will become a problem on Rota. The largest beach area on Rota is also within a private land-holding. While the owner has not previously denied access, the possibility does exist. The road leading to the beach is posted as private which undoubtedly discourages many from entering the area. The beach is accessible at the most easterly end on public land. 89 (v) Beach Erosion: On the reef-protected beaches of Saipan, Tinian, and Rota, the normal littoral processess of beach erosion and accretion occur relatively slowly. However, concern has been expressed about beach erosion along Beach Road near the Hafa Adai Hotel and in the San Jose Village area in Saipan. There are several explanations for this problem. These include blockage of sand movement by construction activities and the removal of vegetation near the store. Also, reef destruction by dynamiting exposes the lagoon to the direct force of-large waves and reduces the amount of coral material available for eventual breakdown into sand. On Tinian and Pagan, there are beaches which are regularly depleted of sand by storm or typhoon waves. This is a natural process and does not create a hazard to either structures or human land uses. (vi) Shoreline Hazards: There appear to be several types of hazards associated with the shoreline of Saipan, Tinian, and Rota. In all of the islands, a large percentage of development is close to the shoreline, and is not well protected from the effects of typhoons and storm surge waves. There is little record of exactly how far inland storm waves and typhoon damage extends, but it would appear that much of it is concentrated within the 150 foot designated zone. Wind damage from typhoons occurs in all parts of the islands, and is not concentrated in any area. Typhoon hazards include inundation by waves, flooding from upland runoff, blowing sand and debris, falling trees, beaching of boats and other debris, destruction of peirs and moorings, and destruction of houses and other structures. In many areas, there are still large amounts of debris (metal, wood, ordnance) which are left from W.W. II. Much of this debris is rusted and sharp edges are of concern to users of the beach. There may also be unexploded ordnance on some beaches. On Rota, portions of the beach near both harbors is littered with rusted metal debris. On Saipan, areas of beach in the American Memorial Park area have large chunks of metal debris which pose a serious hazard to users. Because of heavy shoreline development, sanitation services (sewering, garbage pickup), regular shipping traf- fic and heavily used highways close to the shoreline, a significant potential for beach pollution is present on Saipan, and to a lesser extent on Tinian and Rota. On Sainan portions of the villaqes of San Antonio.are located 90 within the 150 feet shoreline zone. In these areas, inten- sive human activity creates potential polluted conditions of nearshore waters-as well as trash and debris on the shore- line. MANAGEMENT POLICIES FOR THE SHORELINE APC The lead agency shall, with the assistance of any participating or advisory agency, determine the impact of existing uses and activities on coastal waters and shall determine whether the added impact of a proposed project would result in a significant and permanent degradation of coastal waters. The lead and any participating agency shall not grant a coastal permit for any proposed project which significant- ly degrades the quality of coastal waters. The proponent of the proposed project shall demonstrate that no feasible and prudent alternative location is avail- able for the proposed project prior to the issuance of a coastal permit. Projects shall be compatible with adjacent shoreland uses and designated land uses to the maximum extent practic- able. The Commonwealth shall: 1. Recognize and use as a basis in its shoreline development decisions the impact of onshore activities upon the productivity and natural processes of coastal resources. Comment: The people of the Commonwealth have always lived in close proximity to the shoreline. Today, with the emerging growth of the Northern Marianas, development is resulting in impacts to the coastal zone. This situation is exacerbated by the lack of a resource sensitive decision- making process. This policy mandates the government, through the CRMP, to develop such a process. 2. Continue its planning process to reduce beach erosion. Comment: Chapter IX provides a description of the beach erosion planning process. In certain parts of the shoreline areas, development.too close to the beaches has caused an erosion problem. This policy mandates the utilization of a planning pro- cess coupled with the operation of an obligation 91 to implement measures to reduce beach erosion. Activities related to the prevention of beach erosion will receive high priority. 3. Strictly regulate the taking of beach sands, gravel, other aggregates, minerals, etc., for any purpose. Sand mining is a small but growing problem in the Comm'onwealth. The major impact of this practice includes the scarring of beaches and the removal of stabilizing vegetation. The result is the exposure of the erosional forces of near-shore littoral processes. The mining of sands from public beaches is prohibited by law; however, this prohibition is not enforced. The Department of Public Works, in an attempt to halt the mining of random beach areas, will issue permits to mine sand only from designated areas near the shore within the Port and Industrial APC. The CRMP regulations rate sand mining in the shoreline APC as a lowest priority. The CRM program will attempt to locate and designate inland sites for construction aggregate, and to require vehicles transporting sand to display a valid sand mining permit. Operators of vehicles without a valid permit.will be subject to penalties. An exception to this rule relates to the customary tradition of taking beach sands to decorate cemetaries in memory of certain religious holidays. The CRMP will not interfere with this traditional practice. 4. Cause the removal of hazardous debris and litter from beaches and coastal areas. Comment: The war in the Pacific ended shortly after the Marianas were taken from Japanese forces. Much of the debris from the subsequent U.S. Military buildup remains to this day. Sharp spikes and rusting steel debris are both hazardous and unsightly. The CRMP will research methods and resources to remove hazardous debris. Littering is rampant in the Commonwealth. The CRMP will assist in an educational program aimed at identifying the impacts of littering on marine and other resources. 5. Increase and maintain public land holdings along the shore for purposes of access and hazard mitiga- tion through land trades with Mariana Public Land 92 Corporation (MPLC), land purchases, creation of easements and where no practicable alternative exists through the constitutional authority of eminent domain. 6. Attempt to alleviate the adverse effects on private property owners as a result of government policies by negotiating, on behalf of the affected private property owners, free title land exchanges with MPLC. Comment: 82% of the Commonwealth is public land. The Marianas Public Land Corporation is a constitu- tionally-created organization charged with the management and disposition of public land. It is the policy of the CRM program to work in close conjunction with the MPLC to ensure that public land is managed in an environmentally sensitive manner. The above policies mandate the Commonwealth through the CRMP, to establish a coordinated process for the purpose of increasing, by sale or transfer, public land holdings along the shoreline. This role places responsibility with the program to advocate land transfers and trades of private land with a view towards increasing resource protection and increasing public access to the shoreline. 7. In addition to assuring the consistency of a pro- posed project with the standard set out above, the lead and participating agencies shall consider the following project specifi'c criteria in its review of an application for a coastal permit. (a) Whether the proposed project is water depend- ent in nature. (b) whether the proposed project is predominately to facilitate or enhance coastal recreational, subsistence or cultural opportunities (i.e., docking, fishing, swimming, or picnicing). Comment: The intent of the program in this regard is to facilitate development which is highly prioritized. This policy does not excuse a pr03ect from meeting program stand- ards. (c) Whether the existing land use including the existing use of roadways, has irreversibly committed the area to uses compatible to the proposed project, provided that the proposed project would be constructed in a way to cause minimal adverse impact. 93 Comment: Included in the 150 foot shoreline APC are villages, commercial districts, and resorts. Projects which are favorably prior- itized and which would.not result in cumulative or individual adverse impact on coastal waters are permissible. Roadways which intersect the shoreline APC in certain areas result in space inland of the road, yet within the shoreline APC. Since it is not the intent of the program to cause undue hardship, this consideration provides the flexibility to permit projects inland of' road areas. (d) Whether the proposed project is a single family dwelling in an existing residential area and would occur on private property owned by the same owner as of the effective date of the program, of which all or a significant portion of which is located in the Shoreline APC, provided no reasonable alternative is open to the property owner to trade land, relocate, or s-ell to the government. Comment: Coastal private property is often orient-ed parrallel to the shoreline and the boundaries of such property may be mostly within the APC boundary. The intent of the above consideration is to provide flexibility in a situation where a private owner wishes to build a house to live in and would be exposed to undue hardship if the project were not permitted. Residential uses generally produce only minor impacts. Consideration of the above policy would improve the residential owner's ability to compete with proponents of other kinds of projects which are more likely to result in adverse impact. (e) Whether the proposed project would be safely located on a rocky shoreline and would not cause significant adverse impacts to wildlife or marine or scenic resources. Comment: Most of the Commonwealth's shoreline is comprised of rocky cliffs with extremely deep water and good water circulation imme- diately offshore. Projects located on these rocky shorelines normally do not result in significant adverse impact to coastal waters because of the dissipation caused by the 94 deep, well circulated waters immediately offshore. Erosion is also not normally a significant problem in such cases. (f) Whether the proposed project is designed to eliminate or mitigate shoreline erosion. Comment: Applicants who can demonstrate to the satisfaction of the program that the proposed project is designed to eliminate or mitigate shoreline erosion will be viewed more favorably. Use Priorities: 1. Use Priority Categories for the Shoreline APC's of Saipan, Tinian and Rota are as follows: (A) Highest (i) Public recreational use of beach areas, including structures enhancing access and the creation of public shoreline parks. (ii) Compatible water dependent development which cannot be reasonably accommodated in other locations. (iii) Traditional cultural and historic prac- tices. (iv) Preservation of fish and wildlife habitat. (v) Preservation of natural open areas of high scenic beauty. (vi) Activities related to the prevention of beach erosion. (B) Moderate (i) Agriculture (including aquaculture) of a scale enhanced by or which requires conditions inherent in this APC. (C) Lowest (i) Projects which result in growth or improvement to existing commer- cial, non-recreational public, and multi-unit residential uses. 95 (ii) uses in an area where existing historical land use has irreversibly committed the area to uses compatible with the proposed use. (iii) Mining or other taking of sand, gravel, or other aggregate, and extraction of minerals, oil and gas, and other extractive uses. (D) Unacceptable (i) New commercial, industrial, nonrecreational public, and residential structures which are not water dependent. (ii) Disposal of wastes, garbage, litter, refuse. B. LAGOON AND REEF APC Location: The boundaries of this APC extend from the mean high water mark seaward to the outer slope of the barrier or fringing reef. The major lagoons of Saipan, Tinian, and Rota are located on the western or leeward side of these islands. Reef protected coastal waters, considered to be lago ons for management purposes, are found on both the leeward and wind-ward parts of the islands. Important reef islands are subject to CRM program management and are included in this APC. Maps delineating the features of the lagoon and reef APC are contained in Atlas of the Reefs and Beaches of Saipan, Tinian, Rota and Aguigan (CRM TechF.1-cal Report Number 1). Lagoons: A lagoon is a relatively shallow body of water having a restricted exchange with the sea and no significant.fresh water inflow. Within a lagoon, water depths range from a few centimeters to about 10 meters. Bottom conditions include sand, mud, coral, seagrass and-limestone rocks. Some areas have extensive vegetation while others are barren. Wave and tidal action in the lagoons of the CNMI are limited by the reef which is at the water surface during high tide and just above the water surface at low tides. only during major storms do large waves breach the reef and enter the lagoon. Water temperatures range from 75 to 90 degrees F., and water clarity is, with few exceptions, excellent. A shipping channel crosses the Saipan lagoon from Lower Base 96 to a point south of Managaha Island. There are two other channels, Sugar Dock Channel and Lighthouse Channel, which are adequate for small boats only. Relatively short shipping channels pass through the lagoons at Rota and Tinian harbor areas. The biological environment of Saipan lagoon has been the subject of two major studies conducted by the CRM Program: Atlas of the Reefs and Aguigan (University of Guam Marine Lab; CRM Technical Report #1); and, A Survey of the Fish Resources of Saipan Lagoon (University of Guam Marine Lab; CRM Technical Report #4). Reefs: The reef platforms of Saipan, Tinian and Rota are pre- dominantly of two principal types. Type one is that formed by erosional truncation. Type two is more dominantly characterized by recent organic growth. A complete descrip- tion of reefs and reef building processes in the CNMI is available in the above referenced technical reports. Managaha Island: Managaha Island is a small coral based island located 13-2 miles offshore on the barrier reef of Saipan's west coast. Managaha has an areas of approximately 10 acres with a mean elevation of 8-10 feet above sea level. The rim of the island is composed of sand beaches. Inland there is a fairly well developed coastal strand forest on both limestone and sandy soils. The biological environment is rich in plant species, but relatively limited in animals. Numerous plants used in traditional Carolinian medicine are found on Managaha. Anjota Island: Anjota Island is a small coral based island located 450 feet offshore on the fringe reef along the western side of Rota's Tapingot Peninsula. Anjota has a land area of approximately 6 acres and a mean elevation of 12 feet above sea level. A fairly well developed coastal strand vegeta- tion covers the island. The cardinal honeyeatee, a candidate for Guam's rare and endangered species list, was sighted on the island in 1979 by U.S. Fish and Wildlife Service biologists.. Human Uses of Lagoons and Reefs: Human use of lagoons and reefs in the CNMI is exceed- ingly diverse. The lagoons are used for fishing, boating, swimming, gathering of marine organisms, and other activi- ties. In addition, the reefs provide necessary bilogical 97 habitat and protection from storm waves. They constitute a major scenic resource,.and most of the Commonwealth's inhabitants live in close proximity to them. In recent years, lagoons and reefs have been greatly damaged by human activities. The use of dynamite and clorox for fishing, the gathering of corals by tourists and the dredge and fill,operations associated with harbor development have degraded the natural environment. There is presently one sewage discharge (Northern Plant) and one thermal discharge (from the Power Barge) into Saipan lagoon. Managaha: Constitutionally, use of Managaha Island is limited to conservation, recreation, and cultural use. As the site of the first landing of the Carolinian settlers, and burial place of Chief Agrub, the island has immense cultural signi- ficance to the Carolinian community. Medicinal plants which are not generally found on Saipan grow on Managaha. The island is also used for recreation. Many local people go there for picnics, snorkelling, spear fishing, and sightsee- ing. Tourists are also taken to the island in glass-bottom boats. Finally, there are numerous historic sites on the island, including several cannons and remnants of concrete structures from Japanese times. Anjota Island: The now defunct Rota Planning Council established Anjota Island as a wildlife sanctuary, however, exisitng use of the island for picnicking and recreational use has tended to blur the sanctuary distinction. A small part of the island is used for harbor protection. Recently an exten- sive breakwater has been constructed from the northeast end of the island for use as a temporary causeway. A permanent causeway is planned by the Corps of Engineers as part of the Rota Harbor Improvement Project. Concerns: (i) Inappropriate Development Inappropriate development along the shoreline of the Saipan Lagoon has resulted in water quality degradation and conflicting water uses. In some areas, residential develop- ment close to the shore allows seepage from septic tanks and privies to enter the lagoon. Garbage, litter, and other debris are often evident along the shore or in the water. The Saipan landfill is located right.on the shore creating a most unsanitary condition. At present, the hotels of Saipan are also allowing several conflicting activities to occur 98 simultaneously along their beachfront areas. Swimmers and snorkellers must compete with sail and motor boats and jet- ski craft for water space. (ii) Dynamite and Clorox Fishing In a report prepared for CZM on the lagoon fishery and on the attitudes of fishermen, the prevalence of dynamite and clorox (sodium hypochlorite) use in fishing was identified as being of major concern. Dynamite and clorox destroys coral and juvenile fish and other species of marine life. Thus the productivity of the reef and lagoon is severly reduced. (iii) Lagoon Sedimentation Increased upland development and land clearing has recently been causing sedimentation in the lagoon on Saipan. Sediments covering coral communities cause these communities to be smothered. Managaha Island: As the only offshore reef island in Saipan, Managaha is a unique physical feature. The island's composition, large- ly sand on top of an ancient coral reef, renders it very fragile, and subject to erosion and other damage as a result of overuse or improper management. W overuse of Island At present, many tourists use Managaha Island on a day- trip basis. Tour operators bring a variety of soft-drinks, beer, and other food to the island to sell to tourists. As a result of this acitivity, litter has become a concern. The various tour operators appear not to be removing the garbage and litter, and little government service is currently provided. Also, there is no running water or restroom facilities on the island. Local people using the island also contribute to the litter problem. (ii) Destruction of Corals Many tour operators and tourists appear to be breaking off coral colonies (primarily Porite and Acropora) in the shallow waters around the island. (iii) Rats and Insects Recently, the rat population on Managaha has become very large. Flies have also reached the nuisance level. This is a direct consequence of the lack of garbage removal and the deposition of human waste on the island. 99 (iv) Inadequate Facilities and Service for Recreational Use There is no running water, no restroom, no garbage removal, and the dock is in poor condition on the island. .(v) Lack of Knowledge of Medicinal Plants and Cultural Values of the Island by Government Officials There is no awareness of the need for preservation of plant species on certain areas of the island., More study is required. (vi) Conflicts Between Cultural Values and Use by Foreign Tourists Are Increasing. (vii) Pressure for More Intensive Recre.ational Use by Tourist Tg-e-ncly-es Several groups have requested franchises to have sole use of the island, and to charge admission fees. Anjota Island: Anjota Island is immediately adjacent to Rota's Port and Industrial APC. Harbor facilities are directly con- nected to the island. The planned addition of a permanent causeway will increase access to the island. MANAGEMENT POLICIES FOR THE LAGOON AND REEF APC The lead agency shall, with the assistance of any participating or advisory agency, determine the impact of existing use and activities on coastal waters and shall determine whether the added impact of a proposed project would result in a significant and permanent degradation of coastal waters. The lead and any participating agency shall not grant a coastal permit for any proposed project which creates a significant degradation in the quality of coastal waters. The proponant of a proposed project shall demonstrate that no feasible and prudent alternative location is avail- able for the proposed project prior to the issuance of a coastal permit. Projects shall be compatible with adjacent shoreland uses and designated land uses to the maximum extent practic- able. 100 The Commonwealth shall: 1. Manage the development of the reef fishery and mariculture within productive renewable marine resource areas. 2. Where appropriate, designate underwater preserva- tion areas for non-extractive recreation purposes in areas representing the richness and diversity of the reef community. 3. Balance economic development with the conservation and management of living and non-living resources of the Lagoon and Reef APC. Comment: These policies provide the CRM program @@@itha basis to establish water use districts,. including those for the development of edible marine resources, recreational opportunities, and conservation. 4. Prevent significant adverse impacts to reefs and corals. 5. Investigate the historical.and habitat values of war relics in the lagoon and cause the removal of relics which are considered hazardous debris rather than valuable habitat or historic property. Comment: This requires an analysis of the bio- logical and historical benefit of the relics against the aesthetic and public safety benefit of their removal. 6. Use as a basis in its decisions the effect of any proposed project on the subsistence fishery. Comment: Fishing is in a state of transition away from the subsistence ways of the past. Nevertheless, many people still depend on fishing for daily subsistence. This policy requires an analysis of the project and any effects it may have on the subsistence fishery before a permit decision is made. Use Priorities: 1. The use priority categories for the Lagoons of Saipan, Tinian, and Rota shall be as follows: 101 (A) Highest (i) -Conservation of open space, high water quality, historic, and cultural resources. (ii) Public recreation use including struc- tures enhancing access. (iii) Water dependent projects which are compatible with adjacent uses. (iv) Preservation of fish and wildlife habi- tat. (v) Sport and small scale taking of edible marine resources within sustainable levels. (vi) Activities related to the prevention of beach erosion. (vii) Piers and docks which are constructed with pilings and floats. (B) Moderate (i) Commercial taking of edible marine resources within sustainable levels. (C) Lowest (i) Point source discharge of drainage water which will not result in a significant permanent degradation in water quality of the lagoon. (ii) Dredge and fill acitivity designed to prevent or mitigate adverse impacts for the purposes of constructing Piers, launching facilities, infra- structure, and boat harbors. (D) Unacceptable (i) Discharge of untreated sewage, petro- leum, or other hazardous materials. (ii) Taking of aggregate materials not associated with permitted activities and uses. (iii) Destruction of coralline reef matter not associated with Permitted activi- ties and uses. 102 (iv) Dumping of trash, litter, gargage, or other refuse into the lagoon or at a place on shore where entry into the lagoon is inevitable. (V) Placement of fill not associated with the permitted construction of piers, launching facilities, infrastructure, and boat harbors. 2. Use Priority Categories for Managaha Island shall be as follows: (A) Highest (i) The maintenance of island as an unin- habited place to be used only for cultural and recreational purposes. (ii) Improvements for the purpose of sani- tation and navigation. (B) Lowest (i) Commercial acitivty situated on the island unrelated to cultural and passive recreation pursuits. (C) Unacceptable (i) Development, uses, or acitivities which preclude, deter, or are unrelated to the use of the island by residents of the Commonwealth for cultural or recreational purposes. 3. Use Priority Categories for Anjota Island shall be as follows: (A) Highest (i) Continued maintenance of that part of the island known as Anjota Wildlife Preserve as a wildlife sanctuary. (B) Unacceptable (i) Expansion of the Port and Industrial section of Anjota Island which would encroach or cause significant adverse impact to the wildlife preserve. 103 4. The Use Priority Categories for the Coral Reefs of Saipan, Tinian, and Rota shall be as follows: (A) Highest (i) Maintenance of highest levels of primary productivity. (ii) Creation of Underwater preserves in pristine areas. (B) Moderate W Dredging of moderately productive corals and reefs associated with permitted uses and activities. (C) Lowest (i) Taking of corals for commercial fisheries below substainable levels. (D) Unacceptable (i) Destruction of reef and corals not associated with permitted projects. WETLANDS AND MANGROVE APC Location: There are two wetland areas on Tinian and seven on Saipan. These wetland areas include mangrove areas near Lower Base in Saipan, and near American Memorial Park. Rota has no known wetlands. All of the above named areas are shown on the Area of Particular Concern Maps. Environment: Saipan Site 1 includes Lake (Hagoi) Susupe and its marshes, which extend from Afetna to Chalan Kiya (north-south axis), and Chalan Kanoa and the rise to the southern limestone plateau (west-east axis). The entire site is probably the unfilled portion of a lagoon uplifted by geological pro- cesses. Lake Susupe is located in the north-central portion of site 1 and is approximately 1000 m. wide. The marshes north and south of the lake vary in width between 500 and 800 m. 104 Parts of the marsh are being used for small gardens. Under the Japanese, these marshes were used for rice culti- vation, and a canal existed between the lake and the reef to provide for operation of a sugarcane mill. The canal is now blocked by several roads. There have been recent attempts to use water from Lake Susupe for irrigation, but its high salinity makes this undesirable except during extensive droughs. Site I is crossed by three access roads, and houses of Chalan Kanoa Village extend along much of its western edge. The dominant marsh vegetation is Phragmites karka. T.he lake itself is fringed with Scirpus littoralis var. thermalis. Along the lake edges are Casuarina equisetifollo, Acrostichum aureum. and Hibiscus tiliaceus. A few Bruguiera gymnorrhiza are also present. Although there is a wide ecotone between the lake and and its marshes, the brackish nature of the lake is indicated by its salt-tolerant vegetation. As the marshes are dominat-ed by Phragmites, it seems obvious that the marshes feed into the lake, rather than serving as an overflow for lake excess. Rainfall may be sufficient to maintain the marshes, but it is likely that this is augmented by seepage from the Ghyben-Herzberg lens. Several authors (Bowers, 1950; Owen, 1975) have recom- mended that Susupe Lake be preserved as a conservation area. It is one of only two natural lakes in the Marianas, and it is one of only two known habitats for the nearly extinct Anas-outstaleti (Salvadori), the Marianas Mallard. Site 2 lies north of Susupe on the west coastal low- lands. It.is bordered by the West Coast Highway near the Whispering Palms Golf Club, and at one time extended across the road. The area presently consists of a 500 m by 250 m marsh wholly located west of West Coast Highway. The marsh is dominated by Phragmites karka and bordered by a tangle of Hibiscus tiliaceus and Leucaena leucocephala. Site 3 is about 250 m in diameter and is bordered on three sides by roads. It lies in the coastal lowlands along the west side of Middle Road, just south of its junction with Navy Hill Road. School grounds are located along its western edge. The marsh is poorly defined, and occupies lower areas of a rather "lumpy" terrain which has several seldom-used and ill-defined roads. The dominant plant species at Site 3 are grasses, including Panicum maximum. Phragmites karka is absent, but the pre- sence of duckweed (Lemma cf. m`1nor) indicates that the 105 wetland is permanent. Duckweek was not found at any other site in the CNMI though it is known from taro patches on Yap. Site 4 is about 200 m.in diameter and is located between Beach Road and West Coast Highway appr'oximately 1000 m north of Navy Hill Road. The area was once part of an airfield and is crossed by overgrown asphalt roads. It is likely that the entire area was poorly-drained and marshy, and that the fill and asphalt for the airstrip left this site as a convenient catchment. This region is now filling in. A small drainage extends westward from Site 4 emptying into the lagoon at American Memorial Park. The dominant vegeta- tion at the mouth of this drainage is Brugviera gymnorrhiza. Generally, the dominant vegetation is grass. Panicum maximum is the most abundant variety. Hibiscus tiliaceus and Leucaena leucocephala are also common. Wetland and Mangrove Site Number 5 is oriented in a northeast to southwest direction and is located at the north end of the Commercial Port area where a small stream empties into Tanapag Harbor. It is likely that at one time the entire wetland was a small bay which opened into the harbor. Now, with the placement of roads and fill, this outlet has been narrowed to a streambed. The stream probably once had its mouth about 600 m from the harbor, and drained a large area presently occupied by buildings. Drainage from this area is presently via a Phragmites-choked ditch. .Between the ditch and the former embayment, the stream runs between relatively high banks, and wetlands do not exist. The embayment, and the area along the harbor, is completelydominated,by the mangrove Bruguiera gymnorrhiza, and the stream in this area is tidal. Site,6 is dissected by roads. Marpi Road separates the northeast protion, and a diagonal road running almost true north-south divides the site east and west. The portion between Marpi Road and the beach at Tanapag is a Phragmites karka marsh with the usual complement of edge species. The northeast portion, across Marpi Road, is much more open and dominated by ludwigia and cultivated Impomoea aquatica. Phragmites alld 'Hibiscus tiliaceus form the back boundaries of this part of the site. Site 7 is divided into two portions by West Coast Highway and occupies an area of approximately 200 m located southeast of Tanapag Point. The vegetation is an almost pure stand of Phragmites karka. 106 Tinian: Wetland and Mangrove Site 1 on Tinian is located inland between the second and third limestone terrace on the north- west side of the island. The word "hagoi" means "lake" in Chamorro and the site has no other name. This lake is discussed in several references, but the nature of its forma- tion is not clear. It.is possible that it was a depression in one of the terraces which, when raised above sea level to its present location, became a small lake. Something clearly prevents the drainage of the Hagoi through the porous limestone of which the plateaus of Tinian are formed. Either the lake rests upon an impervious layer, or else it may be above a perched water table. Like Lake Susupe on Saipan, Lake Hagoi does not drain into the sea but has an internal drainage basin. Unlike Susupe, it is a freshwater lake and its adjacent marshes are heavily farmed. Open water is confined to small patches within a solid screen of Pharagmites karka. There are sedges bordering these open water areas. Site 2 on Tinian is located at the head of Magpo (Marpo) Valley, a medial valley with a northeast-southwest axis which separates the two plateau areas of Tinian and opens onto the east coast of the island. According to Bowers (1950) this area was under rice cultivation during Japanese times. It must once have been an extensive swamp. Owen (1975), states that standing water can be found only under Hibiscus tiliaceus, which is the dominant natural species. Two factors are of critical importance in consideration of this area. First, the area has rich soil and is exten- sively cultivated. Rice is no longer grown, but melons, peppers, tomatoes and other truck crops are. Secondly, there are at least three pumping stations in this small area. As the wetland area is smaller than it was previously, it is likely that water removal has been greater than its replacement. Concerns: (i) Inappropriate development has allowed housing and commerical structures to encroach on wetland areas. These are periodically flooded, causing damage to property. Further, such development, and the associated disposal of sewage and garbage within these areas, creates a hazard to public health and a hazard to rare and endangered species. (ii) Sadog Tasi's Mangrove area is surrounded by the Port and Industrial APC and is thus very subject to damage by oil and chemical spills as well as normal port and industrial activities. 107 (iii) Wetlands on Saipan (especially Lake Susupe) and Tinian (Lake Hagoi) are the habitat of the endangered Marianas mallard and nightingale reedwarbler which are protected by Federal law. (iv) Wetland habitat is very restricted in area in the Northern Marianas, and until the relationship of wetland to the population-and life cycle of various birds, fish., and animals is better understood, alteration of wetland should not be undertaken. Management Policies: The lead agency shall with the assistance of any part- icipating or advisory agency, determine the impacts of existing uses and activities on coastal waters and shall determine whether the added impact of a proposed project would result in a significant and permanent degradation in coastal waters. The lead and any participating agency shall not grant a coastal permit for any proposed project which.creates a significant degradation in the quality of coastal water. The proponant of a proposed project shall demonstrate that no feasible and prudent alternative location is avail- able for the proposed project prior to the issuance of a coastal permit. Projects shall be compatible with adjacent shoreland uses and designated land uses to the maximum extent practic- able. The Commonwealth shall: 1. Manage wetlands and mangrove areas so as to assure adequate water flow, nutrients, and oxygen levels and avoid adverse effects on natural.drainage patterns, the destruction of important habitat, and the discharge of toxic substances. 2. To the maximum extent practicable, preserve the integrity of the mangrove community through strict management, including vigorous enforcement of legal sanctions upon any project which threatens the ecology of the mangrove community. 3. Identify and maintain critical wetland habitat so as to increase the potential for survival of known rare and endangered flora and.fauna. 4. Manage development and infrastructure in such a way as to preclude significant adverse impacts to the normal hydrological process of wetlands and mangroves. 108 5. To the maximum extent practicable, increase and maintain public land-holdings in and adjacent to the Wetland and Mangrove APC. 6. Attempt to utilize wetland resources for appro- priate agriculture, compatible recreation, public open space, and similar uses which are managed so as not to result in decreased product- ivity of natural resources. 7. Evaluate the capability of wetlands to withstand the impact of development. Use Priorities: 1. The use priority categories for the Wetlands and Mangrove APC shall be as follows: (A) Highest (i) Preservation and enhancement of mangrove and wetlands area. (ii) Preservation of wildlife, primary pro- ductivity, conservation areas, and historical properties in both mangrove and wetland areas. (B) Moderate (i) Agriculture benefitted by inundation and low density grazing in non-mangrove areas. (ii) Infrastructure corridors which are designed to result in no direct sign- ificant impact to the normal hydrolo- gical processes of wetland and mangrove areas. (C) Lowest (i) Development which is floodproof and designed to cause the least adverse environmental impact to wetland regimes. (D) Unacceptable (i) Land fills and dumping not associated with flood control, utility corridors, and other non-permitted activities and uses. 109 (ii) Development which would result in extensive sedimentation of wetland, mangrove areas and coastal waters. (iii) Significant changes (i.e. grading) to natural land forms in areas adjacent to Wetlands and Mangroves which would result in hydrological/sedimentational damage. PORT AND INDUSTRIAL APC Location: The Port and Industrial APC includes the land and water area surrounding the commercial ports of Saipan, Tinian, and Rota and is shown on the APC maps for each island. Physical Environment - Saipan Harbor and Charlie Dock: Saipan Harbor, which consists of the outer anchorage, Garapan Anchorage, and Puetton Tanapag, is the Commonwealth's port of entry. The harbor is formed by the waters within a 2'-2 mile radius of the landing at Garapan. The entrance channel of Puetton Tanapag is about 300 feet wide and has a shallow depth of 8.8 m (29 feet). The harbor is sheltered by the barrier reef and is partially protected from winds. Anchorages: The outer anchorage affords shelter during prevailing easterly winds, but none during infrequent westerly storms. The anchorage from 3 to 5 miles offshore is suitable only as a temporary anchorage for large vessels. The inner anchorage, which includes Garapan Anchorage, contains numerous berths ranging in depth from 14.6 m (50 ft.) to over 54.9 m (180 ft.). This anchorage lies from 1 mile to 2 miles offshore. The anchorage area in Puetton Tanapag has been dredged to a depth of 9.1 m (30 ft.). A seaplane landing area is located northward of the anchorage area. Navigation Aids: Tanapag Harbor is equipped with range lights and some lighted buoys. There is also a U.S. Coast Guard Loran "C" Station located on Saipan. 110 Charlie Dock (Pier C): Saipan's harbor complex consists of a commercial port plus a small boat quay and a pier at which the power barge "Impedence" is currently docked. Drawings or plans for Charlie Dock as it was built are not available. The dock was originally constructed by the Japanese prior to World War II and was subsequently expanded. Inspection of the dock in 1972 indicated that the face of the dock is a masonary wall consisting of 4' x 4' x 5' concrete blocks. Charlie Dock is L shaped, and has 530 feet of berth- ing space along its north side. Berths of 7.6 m (25 ft.) to 6.1 m (20 ft.) depth are available.along the north and west sides of the pier. Depths of 2.4 m (8 ft.) are found alongside the south side of the pier. The channel to the dock, running more or less on a southwesterly line, is 457.2 m (1,500 ft.) long, 91.4 m (300 ft.) wide and 8.8 m (29 ft.) deep. It is marked with lighted and non-lighted buoys set by the U.S. Coast Guard. Dockside facilities include a 1,115 m2 (12,000 ft.2) Warehouse (Prefab type) constructed by the Trust Territory and presently used as a break-bulk warehouse. For cargo handling, the port has some heavy forklift equipment and trucks available, and access to heavy cranes (50 ton mobile and 30 ton crawler) owned by NMI Public Works. A second prefab type warehouse owned by the NMI Government is also located at the port and is presently occupied by port operations and maintenance. Tinian's San Jose Harbor is located on the south- southwest shore of Tinian and was built by the military as the major staging area for U.S. Forces in the Marianas. The south and west limits of the harbor are delineated by a 1-1/4 mile long seawall enclosing roughly 100 acres of harbor. Docking facilities line the northern shore. The harbor is formed into two basins approximately equal in size and separated by an F-shaped system of finger piers. The inner basin is used by smaller craft, i.e., ferries, workboats and pleasure craft. The outer harbor is the primary harbor in which all heavy commercial opera- tions take place. One-a-week barges unload supplies at the west end of the north quay. A fuel off-loading facility is located just east of the barge facility. The paved areas on the piers and quays are used as cargo storage and distribution areas. The depth of water at the pier and quay pilings is about 24 feet and increases towards the basin center. The seawall is built on a shoal or reef in about three feet of water. Much of the seawall, along the west limits and at the tip, has been almost completely removed by storms. Prior to typhoon Pamela, in May of 1976, about 900 feet of the North Quay and all of the finger piers were actively used. Minimal maintenance work had been performed on the facili- ties since abandonment by military forces shortly after World War II. Disaster Relief Funds have been used to repair only a portion of the damage caused by Typhoon Pamela. The backshore area comprised of 9 acres of land is designated for harbor and port-oriented uses. Presently, the area is not extensively used. Rota harbor has an area of roughly 50,000 square feet. Its existing dock was originally 200 feet long, but storm action and lack of maintenance have eroded this Japanese- built facility to approximately 140 feet. The entrance channel extends across.1,000 feet of partially exposed fringing reef. The channel has been ex- cavated by blasting and periodic dredging since World War II. The harbor channel entrance has a controlling depth of 9 feet. The narrow entrance channel combined with the pre- vailing crosswinds and variable currents preclude navigation except for motor boats and other small craft. The turning basin diameter of 200 feet also imposes a severe limitation on the size of vessels that can enter and use the harbor. Cargo must therefore be transferred from sea-going vessels to the dock by shallow-draft lighters. When high seas prevent entry through the reef fronting this harbor, the cargo is brought around to the East Harbor. Other than a light which shines from the wharf on the southeast shore of Sosanlagho Bay when cargo is being handled at night and a few unlighted channel markers on the edge of the reef, no navigational aids have been provided for the harbor at Rota. The backshore area of the Rota Harbor is comprised of 18 acres of land designed for port-oriented and industrial uses. Current land use consists of a power plant, offices, 112 and a slaughterhouse and reefer plant. Dredge spoils from the harbor improvement projectare stockpiled. A historic Japanese sugar mill is also within the APC boundary (Appen- dix B summarizes data on Commonwealth Ports). Biological Environment: The Port and Industrial APC's generally contain a lower quality biological environment than is found elsewhere in the CNMI. Waters in the harbor areas are of lower quality than those found in other areas. They are characterized by high turbidity due to dredging and the churning action of ships propellers as well as higher pollutant levels due to the spillage of oily materials, sewage, and trash. Human Uses: The Port and Industrial Area is one of intense human activity. All materials which are imported or exported by ship enter and leave the islands at this point. Included in this area are docks, warehouses, storage areas, power generating stations, public works shops, manufacturina activities and oil storage tanks. In addition, ship repairs and maintenance are carried out while ships are docked in the Area. Concerns: Because they.are the lifeline of the Northern Marianas' economy, development of viable port and harbor facilities on each of the islands is essential. At present, these facilities are very much below the standard necessary for efficient operation. Two of the criteria listed in the Federal Regulations pertaining to the designation of Areas of Particular Concern are especially relevant to the Port and Industrial Areas of Saipan, Tinian and Rota. They are (1) Areas where developments and facilities are dependent upon utilization and/or access to coastal waters; and (2) Areas of unique hydrologic, geologic or topographic significance for industrial/commercial development or for dredge spoil disposal. All three of the ports are presently operating below their capacity. The need for port facilities and their dependence upon the utilization of and access to coastal waters is obvious. The opportunity for centralizing each island's major industrial and wholesale commercial facilities within the Port and Industrial APC, to provide ready access 113 for both incoming and outgoing goods and materials, makes these areas even more critical. Further, from an aesthetic point of view, keeping all of these activities in one small area reduces impact on other portions of the CNMI. On Tinian and Rota, ports are located on the waterfront adjacent to the village, and to natural channels. Rota's channel and harbor are presently being dredged and improved to allow water supply barges to enter and dock during most conditions. Formerly, the channel was so narrow and shallow that the barge would remain outside the harbor and goods would be transported ashore by very small vessels. Tinian's port facility, built to accomodate large ships during WW II, has fallen into disrepair. The breakwater which was made of huge metal drums and metal sheeting is badly rusted in places. Saipan's port facility is located adjacent to a channel dredged after the war to a depth of 54 feet. The channel follows a southwest course from Charlie Dock to the reef. Water in the channel is quite turbid, especially near the port. Visibility is less than 1 meter. Although three docks, Able, Baker and Charlie were built during the War, only Charlie Dock is currently in usable condition. There is a warehouse on the dock and some unfenced area near the dock for storage of inbound and outbound materials. Often lumber, crates, pipes, and other objects crowd the dock itself. There is no village adjacent to the Port, and the APC policies should prevent residential/commercial development. Included within the Port and Industrial APC of Saipan are the existing sanitary landfill, several ware- houses, the Power Barge and Standby Facility, the Tanapag (or Northern) Sewage Treatment Plant, the Marianas Public Works Facilities, Coca-Cola bottling plant, Mobil Oil Tank Farm, and other miscellaneous industrial uses. A small area surrounded by this APC contains mangroves and is being designated as a separate APC. Management Policies: The lead agency shall, with the assistance of any parti- cipating or advisory agency, determine the impacts of existing uses and activities on coastal waters and shall determine whether the added impact of a proposed project would result in a significant and permanent degradation of coastal waters. The lead and.any participating agency shall not grant a coastal permit for any proposed project which creates a significant degradation in the quality of coastal waters. 114 .The proponant of a proposed project shall demonstrate that no feasible and prudent alternative location is avail- able for the proposed project prior to the issuance of coastal permit. Projects shall be compatible with adjacent shoreland uses and designated land uses to the maximum extent practic- able. The Commonwealth shall: 1. Use the Port and Industrial APC efficiently, and with the recognition that economic and social development of the Commonwealth is dependent on suitable port facilities. 2. Plan for the wise use and redevelopment of the limited geographical areas comprising the Port and Industrial APC's. 3. Assure that development in Port and Industrial APC's is done with respect for the Commonwealth's inherent natural beauty and the people's constitu- tionally protected right to a clean and healthy environment. 4. Plan and implement improvements to infrastructure in the Port and Industrial APC. 5. Direct its policies to provide for adequate resources for water-dependent port and industrial uses. 6. Not permit port and industrial projects which would result in significant adverse impacts, including cumulative, on coastal resources outside the Port and Industrial APC. 7. Study the possible conflicts between the need for water resources for industrial projects and the limited availability of coastal locations. 8. Request early identification of military land water use plans in the Commonwealth and plan for the potential exercise of Military Retention Area options affecting port resources. 9. Plan for and locate, to the maximum extent practic- able petroleum based coastal energy facility siting within the Port and Industrial APC. 115 10,. Develop regular communication and monitoring of federal port related opportunities and constraints which are applicable to the Commonwealth. 11. Investigate the concept of creating duty free zones, customs-free zones and a port authority to enhance economic development. Use Priorities: 1. Use Priority Categories for the Port and Industrial APC of Saipan, Tinian and Rota are as follows: (A) Highest (i) Water dependent Port and Industrial activities and uses. (ii) Conservation of coastal locations for water@dependent uses. (iii) Industrial uses which are not water dependent but which would cause adverse impacts if situated outside the Port and Industrial APC, but which would not be sited directly on the shoreline of the APC, and would not preclude the opportu- nity for water dependent activities and uses. (iv) Development and maintenance of infrastruc- ture to facilitate industrial and water dependent opportunities for Port and Industrial growth. (v) Redevelopment, Historic Preservation, and Restoration. (B) Moderate (i) Aquaculture and mariculture which is compatible with Port and Industrial environmental constraints. Lowest (i) Recreational boating. (ii) Clearing, grading, blasting which does not have long term adverse effects on environmental quality, drainage patterns, or adjacent APC's. 116 (iii) Industries and services which support water dependent industry and labor. (D) Unacceptable (i) Long-term storage of in-transit hazardous materials in the Port and Industrial APC. (ii) Activities and uses which would place excessive pressure on existing facilities to the detriment of Commonwealth interests, plans, and policies. (iii) Uses or activities which are acceptable in,other APC's and which do not enhance or are not reasonably necessary to permissible uses, activities and priori- ties in the Port and Industrial APC. (iv) Non-Port and Industrial activities and uses which if permitted would result in conversion to other uses at the expense of Port and Industrial related growth, or would induce Port and Industrial related growth into other APC's areas. (v) uses including but not limited to those activities which would cause adverse effect on either APC's, American Memorial Park, Anjota Preserve, historic properties, and other significant coastal resources. 117 CHAPTER V: USES SUBJECT TO THE MANAGEMENT PROGRAM Section 305(b)(2) of the Federal Coastal Zone Management Act (CZMA) specifies that the management program for a state (or Territory) include a "definition of what shall constitute permis- sible land and water uses which have a direct and significant im- pact on the coastal waters." 15 CFR 923.31(a) of the CZMA regulations further requires that OCZM find that all uses which engender direct and significant impacts on coastal waters are addressed by the Program. The Commonwealth's success in meeting these requirements is inextricably linked to the ability of the CRMP to exact control over the land and water areas, the uses of which might constitute direct and significant impacts. Consequently, the CRMP established a two- tiered coastal management boundary (see Chapter IV) and created the additional authority necessary to manage uses meeting the "direct and significant" test. A. Uses within designated APC's Any proposed activity (with the exception of those specific- ally excepted by Section VII(b) of the CRMP Regulations) is sub- ject to the management program vis-a-vis the requirements of the coastal permitting program and other existing coastal authorities, as applicable. The CRMP,Regulations establish standards and priorities for permit issuance and the procedure for ensuring a coordinated and substantive review of permit applications. In their review, the Commonwealth agencies assigned the res- ponsibility for CRMP implementation must make findings on: (1) the impacts associated with the proposed project; (2) the availability of feasible and prudent alternatives; (3) the compatibility of the proposed project with adjacent (existing) shoreland uses and designated land uses; and (4) the proposed project's compliance with all applicable Federal and Commonwealth air and water quality standards, and other applicable authorities. After this evaluation, the lead and participating agencies may act to grant, grant with conditions, or deny the permit request. Where certifications for consistency are necessary, the Coastal Resources Management office (CRMO) shall review the applications and ultimately be responsible for compliance with federal consistency requirements. In the event that a proposed activity overlaps more than one APC, the permit applications may be consolidated for administra- tive purposes. Such actions, however, do not exempt any portion 118 of an activity from the standards and priorities applicable to the APC within which it is located. B. Major Sitings Located Outside the APC's Any proposed project not located in an APC but which, in the, opinion of the CRMP, has the potential to directly and signifi- cantly impact coastal waters will be identified as a major siting and as such will be subject to CRMP review. (See CRM Regulations, Section V(f)). The Department of Public Health and Environmental Services - Division of Environmental Quality, will act as the lead agency for any project determined to be a "major siting". The CRM Office will determine on a case-by-case basis, which other agency(ies), if any, should act as a participating agency in the permitting process. The criteria for determining a "major siting" are as follows. A major siting may include: (1) any project which requires a federal license, permit, or other authorization from any regulatory agency of the U.S. Government. (2) energy related facilites, wastewater treatment facili- ties, transportation facilities, pipelines, surface water control projects, or harbor structures. (3) sanitary land fills, dredge disposal sites, mining activities, quarries, or basalt extraction. (4) dredging and filling in marine or fresh waters; dis- charge of wastewater, sewerage, silt or dredged materials; shoreline modification, ocean dumping, or artificial reefs. (5) those proposed projects with potential for significant adverse effects on: Submerged lands; groundwater re- charge areas; historic, archaelogical sites and proper- ties; important cultural areas; designated conservation and pristine areas, or uninhabited islands; sparsely populated islands; mangroves, reefs, wetlands, beaches, and lakes. Areas and species of scientific interest; recreational areas; limestone, volcanic and cocos forest. (6) major recreational developments; or major urban develop- ment. (7) government buildings, highways, or infrastructure development. (8) those proposed projects which, in the opinion of the program agencies, have the potential for causing a direct and significant impact on coastal waters. 119 C. Uses of Public Lands Proposed projects on public lands within APC's or which are identified as major sitings-are projects under the legal juris- diction of the CRM Program. Article XI, Section 5(f) of the CNMI Constitution, provides that..the MPLC shall prepare a comprehensive land use plan includ- ing the priority of uses for public lands. The MPLC is responsible for themanagement and disposition of CNMI public lands. The Legislature consequently may not regulate the uses of public land nor may it zone public land. However, once that zoning or the land use plan is adopted by the MPLC, the police power of the CNMI Government vested in the Department of Natural Resources to protect marine resources, attaches to the conduct of any activity on public land. The MPLC is a public corporation and does not haveindependent police power beyond the authority granted to it by the Constitution. Its authority is clearly prescribed to the management and disposition of public lands for the benefit of the people of CNMI descent. The CNMI police power applies to both leaseholders of public land and to government projects on public lands. D. Uses of Coastal Waters and Submerged Lands Proposed projects occuring in coastal waters or submerged lands, which have the potential to directly and significantly im- pact, in any adverse manner., the coastal waters of the Common- wealth, are subject to management by the CRMP. Such projects are subject to the land and water use policies, authorities, regula- tions, and resolution mechanisms discussed in this document. Proposed projects with the potential to cause significant adverse effects on submerged lands are specifically subject to the CRMP under the major siting criteria. (CRMP Regulations VI(f)(5)). Leases of submerged lands for purposes of petroleum and/or mineral extraction are required bv the Department of Natural Resources (DNR) (P.L. 1-23) DNR is mandated by Executive order 15 and the memorandum of understanding between it and the CRMP to issue leasing decisions and a manner consistent with CRM goals and policies. E. Uses of Regional Benefit (URB) Section 306(e)(2) of the CZMA requires: (1) "Prior to granting approval, the Secretary shall also find that the program provides ... a method for assuring that the local land and water use regulations within the coastal zone do not unreasonably restrict or ex- clude land and water uses of regional benefit." 120 Because of the Commonwealth's size and geographic isolation, many of the major land and water uses that are subject to the . Coastal Resources Management Program are of regional or island- wide benefit. The CNMI currently has no local government wi th regulatory authority. Therefore, there is no danger that local land and water use regulations will unreasonably exclude uses of regional benefit. Decision-making in the Commonwealth is centralized on Saipan. This further precludes URB problems from occuring. Guam is.the nearest neighbor to the Commonwealth with the potential to be affected by Commonwealth actions. Continued coordination between the CNMI CRM program and the Guam CZM program will permit the resolution of regional conflicts, should any arise. F. Adequate Consideration of the National Interest in Siting Facilities that are Necessary to Meet Other than Local Requirements Section 306(c)(8) of the Federal Coastal Zone Management Act provides: "Prior to granting approval of a management program by a coastal State, the Secretary shall find that... the manage- ment program provides for adequate consideration of the national interest involved in planning for, and in the siting of, facilities (including energy facilities in, or which significantly affect, such State's coastal zone) which are necessary to meet requirements which are other than local in nature. In the case of such energy facili- ties, the Secretary shall find that the State has given such consideration to any applicable interstate energy plan or program." The major facilities serving greater than local needs, in which there may be a national interest, that were considered during development of the CNMI Management Plan include: (1) Transportation Systems. (2) Seaports, airports, oilports, and oil transshipment facilities. (3) Energy production and transmission facilities. (4) Military Retention Areas including portions of Tinian, all of Farallon De Medinilla and joint use areas on Tinian and Saipan. (5) Major recreation areas. 121 The selection of these facilities for consideration was guided by 15 CFR 9923.52. In addition, some federal agencies, such as the United States Fish and Wildlife Service, interpret the "national interest" requirements of the CZMA to include important natural systems. Pursuant to Section VI(f)(5) of the CRMP Regulations, coastal permit standards may be invoked, thus providing an opportunity to,consider.national interest issues involved in: Those proposed projects with potential for significant adverse effects on submerged lands; groundwater recharge areas; historic, archaeological sites and proporties; im- portant cultural areas; designated conservation and pristine areas, or uninhabited islands; sparsely populated islands; mangroves, reefs, wetlands, beaches, and lakes. Areas of scientific interest; recreational are limestone, volcanic and cocos forest. With the exception of those located on excluded Federal lands proposed projects, are subject to the land and water use policies, authorities, and conflict resolution mechanisms discussed in this document. In addition, opportunities are provided for any interested person including Federal agencies and interest groups to present what they believe to be national interest considerations involved in any proposed project. In making a decision on whether to grant, condition, or deny a coastal permit for a proposed project, program agencies will be bound by Development Policy.#3, incorporated in Executive Order 15 which states: "The Commonwealth shall provide for adequate consideration of the national interest, including that involved in plan- ning for, and in the siting of, facilities (including energy facilities in, or which significantly affect, the Common- wealth's coastal zone) which are necessary to meet require- ments which are other than local in nature." These considerations, coupled with the general policy of the Commonwealth CRM program to identify and appreciate national -interests, provide the judicially and administratively enforce- able requirement that identified national interests, including the types of facilities and natural systems listed above, will be -properly weighed by Commonwealth agencies in the decision-making process. 122 CHAPTER VI: AUTHORITIES AND ORGANIZATION Overview This chapter describes the mechanisms by which the CRMP will be implemented and the organization proposed to carry out the administrative, regulatory, enforcement, and monitoring respon- sibility under the Coastal Resources Management Program. Discussed in detail are the legal authorities which provide the necessary powers to administer coastal land and water use regulations, control development in accordance with policies and standards of the management program, resolve conflicts arising from the permit- ting process and among competing uses, and acquire interests in land, water and other property as necessary to achieve management objectives. The Commonwealth's CRMP creates an organizational network within the Executive Branch of government linking the functions of the Coastal Resources Management Office (CRMO) with the regula- tory programs administered by the Department of Natural Resources (DNR), Division of Environmental Quality (DEQ) of the DPHES, Department of Public Works (DPW), and Department of Commerce and Labor (DCL). The functions of the Marianas Public Land Corporation (MPLC) are linked to the program through paragraphs 1,6 and 7 of Executive Order 15 and a Memorandum of Understanding between the MPLC and the CRMO. In addition, a seventeen-member Coastal Advisory Council (CAC), which has no regulatory authority, is created as an advisory body to both the agencies responsible for program implementation and the Governor. A coastal permitting program is established which ensures the substantive review of all development activities within Areas of Particular Concern (APC's) and major sitings outside of the APC's but within the program management area. The permit system is jointly administered by designated lead and participating program agencies responsible for program implementation in accordance with the standards and priorities set forth in regula- tions promulgated pursuant to the Governor's Executive Order 15. The agencies designated as lead and participating program agencies grant, conditionally grant, or deny coastal permits. Well- defined mechanisms are set forth in the regulations that provide for administrative and judicial appeals of permitting decisions, variances, and a timely review of permit applications. Essentially, the Coastal Permit is a certification that a particular project conforms to: 1. The goals and policies of the Commonwealth's CRMP, and 123 C0 > @-3 t2l n n 0 0 C t-i t2@ w 0 0 (-@ t@Pli 0 w @-q 0 (::@ @-3 I rn I co @Ili L-1 txj cn 0- ;-3 o -1 @:Ii tZ t, 1-3 0 m t%j @Dd U) Id C) @-4 0 >. w > ol M Cf) !2@ > Cf) cn 00 t3d Cf) t-3 t-i t7l co @A 0 cn tt L-j cn 0 tri > " @l @-i td n t-j > 0 > d 1-3 3 ::[@ Z@ 0 0 -3 0 co @)j 'd t7' C-) 0 l7i> = w @-3 @-3 0 CI 3 t-j Id tz@ .z @-3 (D co r")Io > (D 1@ 0 cn > > -3 0 3 CO @j @-3 C@ Ll 0 M 0 >@ M @-3 NJ @:j @d Cf) CO @-4 > t2@ @-4 0 o -,a -c@ w C4 td L-1 t, M @@o t-J F-3 1--j @-3 r-3 > 0 > 13 -3 (7) z @71H C@ -@4 C) 0 L@@ -i @-3 -z@ > -3 tt i-I M I-j I-j r-) "d L@ @-A > 0 0 tt -J @z 'I !Z 1-1 0 ci 0 Cf) I-j @:d m Id > @-j @-l n CD 0 0 lx@ Ixi > It -j 0 3;: n Cf) cn > M Cf) L3 F-i .> I-j 71 C-j n C7, > > t7' L, ,-< > @-3 0 V-4 H -i C@ -rl td t7l -3 0 @-3 > U0,00 cn @-3 W IIIA adnOIJ 2. Applicable rules, regulations, priorities and standards which are administered by the agencies responsible for CRMP implementation. Policies of the Program Cons istent with the findings of Sections 302 and 303 of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended, the management program must provide for the management of those land and water uses having a direct and significant impact on coastal waters and must contain three broad.classes of policies related to resource protection, coastal development, and the improvement of government processes. In addition, the policy base must address the management needs of wetlands and flood- plains in accordance with the purposes of Presidential Executive Orders 11990 and 11988. The policies set forth in the CRMP, which are found in Chapter III of this document, provide a clear and predictable basis for making future program decisions. Mechanisms for Implementation Section 305(b) of the Federal CZMA and Subpart E (15 CFR Section 923.40 et. seq.) of its implementing regulations require that the Commonwealth describe the agencies responsible for ad- ministering the CRMP and the functional relationships between them. The Commonwealth also is required to identify the "means by which it proposes to exert control" over the land and water uses subject to its program. Since the Commonwealth Government is the only level of government authority in the Northern Mariana Islands, the'CRMP will be implemented using the control technique cited in Section 306(e)(1)(B) which provides for direct state (Commonwealth) land and water use planning and regulation. This approach will rely on the ability of the Commonwealth'to network its existing authori- ties into an integrated comprehensive program for managing its coastal land and water resources. Additionally, the Commonwealth must be able to legally bind those of its agencies which exercise statutory authority over coastal resources to conform with the policies and standards of the program. This requirement is met by Executive Order 15 which, in paragraphs 1 and 7, describes how the agencies will conform with the policies and standards of the CRMP. Organization Sections 305(b)(6) and 306(c)(6) of the Federal CZM Act establish as a requirement and condition for program approval, the stipulation that the Commonwealth demonstrate its organiza- tional capability for implementing the CRMP.' Part Two of this document, Chapter I, names the agencies within the Commonwealth government that are either affected by, .or-exercise control over activities within the coastal zone. 125 JUDICIAL PROGRAM AGENCY RESPONSIBILITIES REVIEW T GOVERNOR x COMMONWEALTH & FEDERAL REQUIREMENTS PROJECT PUBLIC PARTICIPATION COASTAL COASTAL ADVISORY COUNCIL ADVISORY APPLICANT' CONFLICT RESOLUTION COUNCIL L FLICT A P C qM)IV LAND RMO LEAD PARTICIPATL- ADVISORY LEAD PERMIT CRMO APPLICANT ANAGEMENT AGENCY ING AGENCY AGENCY DECISION (D) MAJOR SITING PUBLIC HFARING SL DQL DNR-DEQ REMAINING ABBREVIATIONS PROGRAM AGENCIES L&R DNR DEQ If SL - Shoreline APC L&R - Lagoon & Reef APC P&I DCL DPW-DEQ T I P&I - Port & Industrial APC W&M DNR DEQ 11 W&M - Wetland & Mangrove APC if MS - Major Sitings MS DEQ Case by Case DCL - Dept., Commerce & Labor DNR - Dept., Natural Resources DEQ - Div. of Environmental Quality A. Application receipt (day application taken) DPW - Dept., Public Works B. Application receipt notice (*10 days time limit from A.) CRMO- Coastal Management Office C. Notice of complete application (*45 days time limit from B.) APC - Areas of Particular Concern D. Permit decision - Automatic approval *90 days from C. @R AD VISC TIC Y @ H, MS.I @OT. EAPPI G Al AGE.C Federal approval 180 day from C. Subject to set aside provisions 126 Table III Coastal Permitting Agencies Shoreline APC Lead Agency - Department of Commerce and Labor Participating - Department of Natural Agency Resources Participating - Division of Environmental Agency Quality of the Depart- ment of Public Health and Environmental Services Lagoon and Lead Agency - Department of Natural Reef APC Resources Participating - Division of Environmental Quality of the Department of Public Health and Environmental Services Wetland and Lead Agency - Department of Natural Mangrove APC Resources Participating - Division of Environmental Agency Quality of the Department of Public Health and Environmental Services Port and Lead Agency - Department of Commerce Industrial APC and Labor Participating - Department of Public Works Agency - Division of Environmental Quality of the Department of Public Health and Environmental Services Major Sitings in Lead Agency - Divisi'on of Environmental Areas Outside of Quality of the Department APC's of Public Health and Environmental Services .Participating Case-by-case basis Agency 127 Those that are empowered by the statutory authority of the Executive Branch Organization Act (P.L. 1-8) to establish regula- tionst standards, and procedures for "coastal" permitting have been brought into a management network, (as a lead and/or participating agency) the function of which is to ensure intergency coordination and compliance with the goals and policies of the Program. The following lists these agencies and describes their functional responsibilities for program implementation: Planning and Budget Affairs Office The Planning and Budget Affairs office (PBAO), within the Office of the Governor, includes the responsibioity for the administration of the A-95 process. As such, it acts as a clearinghouse for federal grants, contracts, and programming. It is also charged with the responsibility of coordinating the implementation of the planning and budgeting functions of the Commonwealth Government. Coastal Resources Management Program The CRMO, which has borne the primary responsibility for coordinating and developing the Commonwealth's Coastal Resources Management Program, is housed within the PBAO. The CRMO will serve to coordinate the implementation of the CRMP. Executive Order 15 designates the CRMO, the single Commonwealth agency, to administer all programs and receive all funding provided by the CZMA. (See Chapter 7 for Federal Consistency requirements.) Division of Environmental Quality The DEQ is an agency of the Department of Public Health and Environmental Services (DPHES) and is responsible for the adminis- tration and enforcement of Commonwealth and Federal environmental quality and sanitation laws. The Division is authorized to administer programs relating to pesticides, solid, liquid and hazardous waste management, safe drinking water, energy matters and air and water pollution control. The agency also serves as the permitting authority for the Commonwealth's Earthmoving Permit program which brings into its purview essentially all development activities on surface and submerged lands. Department of Natural Resources The DNR, through its Division of Marine Resources and Division of Land Management and Agriculture, is charged with the responsibi- lity for the protection and enhancement of the natural resources of the Commonwealth. Its scope and functions include regulatory authority over fish and wildlife habitat protection, fisheries and aquaculture development, enforcement of the Federal Endangered Species Act, and the management of petroleum and mineral resources in the Submerged Lands and the Public Lands transferred to the Commonwealth Government by the Marianas Public Land Corporation. 128 Department of Public Works The DPW is assigned the duties and responsibilities for the operation and maintenance of public utilities such as power generation and transmission facilities, water distribution systems, sewage and solid waste collection and disposal programs. In addition, it performs'functions relating to the maintenance of harbor facioities, roads, drainage projects, public safety devices, and public buildings, and plans for and administers Capital Improvement Projects (CIP). Department of Commerce and Labor The responsibilit ies of the DCL involve the promotion and regulation of private investment in.order to stimulate economic growth, administration of labor practices and laws, licensing and .regulation of buisnesses, and the establishing of policies and administration of laws concerning commercial fishing and marine and agricultural resource development. The Department is also required to collect and analyze statistical data needed for economic development planning and program implementation. Marianas Public Land Corporation The MPLC, which was established under Article XI, Section 4 of the Constitution of the Northern Mariana Islands, consists of a nine-member Board of Directors who are appointed by the Governor. They represent the interests of Saipan, Rota, Tinian, and the Northern Islands in the management and disposition of public lands within their jurisdiction. The Corporation's interests involve the administration of a homestead program, the leasing and transfer of interests in' public lands and the development and adoption of a comprehensive land use plan for public lands. Noteworthy in its implications for CRMP implementation is the policy (Article XI, Section 5(e)) governing the actions of the MPLC which prohibits any transfer of interest in any public land located within one hundred fifty feet of the high water mark of a sandy beach. As provided for in the Commonwealth Constitution, the MPLC can be dissolved by the Legislature after the Constitution has been in effect for ten years. Coastal Advisory Council The CAC was established by the authority of Executive Order 15. Its membership includes the Directors of the Departments of Natural Resources, Commerce and Labor, Public Works, the Attorney General, Historic Preservation Officer of the Department of Community and Cultural Affairs, the Administrator of the Division of Environmental Quality of the Department of Public Health and Environmental Services, the mayors of Saipan, Tinian, Rota, and the Northern Islands, the Planning and Budget Affairs Officer, 129 representatives from the Marianas Public Land Corporation, the Commonwealth Legislature House and Senate Committees for Resources and Development, the Commonwealth Chamber of Commerce, Marianas Visitors Bureau and the Coordinator of the Coastal Resources Management Office. The CAC serves as an advisory body to the departments and agencies which have implementation responsibilities for the CRMP. It may act to recommend changes to the.CRMP or its policies and regulations, as well as advise on actions involving competing uses, appeals from permitting decisions, the identification of major sitings, and requests for permit variance. The CAC further provides a forum for resolving conflicts among the CRM regulatory agencies. Authorities The CZMA sets forth in Sections 305(b)(4), 306(c)(7), 306(d) and 306(e)(1), the basic authorities that, at the time of program approval, the Commonwealth must have in place. These provisions of the Act require that the Commonwealth have the authority, and its agencies responsible for CRMP implementation be legally bound, to enforce the policies of the program through techniques such as land and water use regulations, mechanisms for controlling development and resolving conflicts among competing uses, and where necessary, powers of acquisition over interests in lands, waters, and other property. The goals and policies of the CRMP will be satisfied through a coastal permitting program which requires program agencies with regulatory authority over coastal resources to exercise that authority in a manner consistent with the joint regulations promulgated and adopted pursuant to'Executive Order 15 and the goals and policies contained in Executive Order 15. This mechanism will assure that any land or water use directly and significantly affecting coastal waters will be subject to review by at least two agencies for conformance with CRMP policies. The following citations identify and describe the legal authorities upon which CRMP implementation is based: The Constitution of the Northern Mariana Islands states in Article I, Section 9 that "each person has the right to a clean and healthful public environment." In order to preserve that right, the Constitution describes the powers and limitations of the three branches of Government, and provides for the management and disposition of submerged, surface, and public lands. Article XI, Sections 4 and 5 of the Constitution establishes the Marianas Public Land Corporation and policies governing its actions. The authority to issue executive orders prescribing substan- tive policies and mandating conformance is derived from the Commonwealth Constitution, which provides in Article III, Section 130 "The executive power of the Commonwealth shall be vested in a governor who shall be responsible for the faithful execution of the laws." (The extent of "executive power" referred to above is clarified in the Official Analysis of the Constitution which states that it "...includes the power to promulgate executive orders, rules and regulations.) The second constitutional provision upon which the authority of the Governor to issue executive orders is based, is contained in Article III, Section 14, which reads: "Each principal department shall be under the supervision of the Governor and, unless otherwise provided by law, shall be headed by a single executive. The Governor shall appoint the heads of executive departments, with the advice and consent of the senate. The Governor may remove the heads of executive departments." on the basis of this provision, it has been concluded that without the approval of the Legislature, the Governor can law- fully require'adherence by agency heads to substantive policies and executive orders that do not conflict with existing statutes as a condition of continued employment. In order to meet Section 306(d)(2) of the CZMA, Article XIII of the Constitution provides the Commonwealth Government with the power of eminent domain vis- a-vis authority to acquire private property when necessary to meet a public purpose sluch as the CRMP which requires that the authority available to the Commonwealth for the implementation of its program include authority: "To acquire fee simple and less than fee simple interests in lands, waters, and other property through condemnation or other means when necessary to achieve conformance with the management program." The Constitution of the Commonwealth of the Northern Mariana Islands also contains the following article which establishes certain rights in the people of the CNMI: ARTICLE XIV: NATURAL RESOURCES Section 1. Marine Resources. The marine resources in waters off the coast of the Commonwealth over which the Commonwealth now or hereafter may have any jurisdiction under United States law shall be managed, for the benefit of the people. Section 2: Uninhabited Islands. The island of Managaha shall be maintained.as an uninhabited place and used only for cultural and recreational purposes. The islands of 131 Sariguan and Maug and other islands specified by law shall be maintained as uninhabited places and used only for the preservation of bird, fish, wildlife, and plant species except that the legislature may substitute in place of Sariguan another island as well suited for that purpose. Section 3: Places and Things of Cultural and Historical Signi icance. Places of importance to the culture, traditions and history of the people of the Northern Mariana Islands shall be protected and preserved and public access to these places shall be maintained as provided by law. Artifacts and other things of cultural or historical significance shall be protected, preserved and maintained in the Commonwealth as provided by law. In addition, Public Law 1-8 provides that: "For a period of five years, beginning on the effective date of this Act, no person may take, hunt, kill or other- wise destroy the natural habitat of goats, fruitbats, birds, coconut crabs and all other edible organisms on the island of Aguiguan, except that scientific research or other educational activities may be conducted upon being licensed by the mayor of Tinian and Aguiguan." The Executive Branch Organization Act of 1978 (P.L. 1-8) establ@ishes the executive offices of the Commonwealth government and provides for staff and assistants as may be required to carry out their funcitons and responsibilities. The Act re- affirsm the powers a.nd duties of each office described in the Constitution of the Northern Mariana Islands, assigns additional responsibilities to those entities, and establishes and decribes the functions of other executive agencies. The Act also establishes separate administrative provisions to govern the appointment of members to Departments, Boards, and Commissions, and reinforces the constitutional provision giving power to the Governor to remove appointees. See figure VIII. The Submerged Lands Act (P.L. 1-23) directs the Commonwealth Department of Natural Resources (DNR) to manage the use and dis- position of submerged lands aof the Commonwealth. The Act pro- vides the DNR power to grant exploration licenses and development leases for the purposes of petroleum and mineral extraction. The Act also establishes a permitting program and directs the DNR to promulgate and adopt rules and regulations establishing the qualifications and conditions under which licenses, leases, and permits will be issued. The regulations also recognize the need for protecting and preserving marine resources as well as for ensuring that the Commonwealth is adequately compensated for petroleum and mineral deposits extracted from submerged lands. 132 Executive Order Number 15 (Appendix E), signed into effect on February 1, 1980, establisFes the Commonwealth of the Northern Mariana Islands Coastal Resources Managemnt Program (CRMP) and adopts the goals and policies, which are appended to the order, for the management of the Commonwealth's coastal land and water resources. The Governor's order identifies the Coastal Resources Management Office's (CRMO) role in program coordination and man- dates that government agencies conduct their fiscal, regulatory, and service activities in a manner consistent with CRM goals and policies, and further orders them to promulgate regulations to implement their responsibilities. The Executive Order also authorizes the designation of four initial Areas of Particular Concern (.APCs), provides for joint coastal permits, and creates the Coastal Advisory Council (CAC) to serve in an advisory capacity to the regulatory agencies, the CP240 and the Governor. CRMP Regulations (Appendix F), promulgated and adopted on March 26, 1980, pursuant to Executive Order 15 by the executive agencies under their existing rule-making authority (Public Law 1-8, Executive Branch organization Act of 1978), provide for public participation in the decision-making process, public in- formation and education, the creation of the four APC's, proced- ures for designation of future APCs and the designation of lead and participating agencies for each APC and for major sitings outside the APC's. The regulations also create a coastal permitting program which establishes a coastal permit issuance process, the standards and priorities for reviewing coastal permit applications, procedures for conflict resolution, and penalties for violations. Memoranda of Understanding (Appendix H). Memoranda of Understanding between the CRMO and the Department of Natural Resources, the Division of Environmental Quality of the Depart- ment of Public Health and Environmental Services, and the Marianas Public Land Corporation, constitute an agreement with these organizations to subscribe to the goals, policies, standards, and priorities of the CNMI CRMP. In addition to designating DNR as the agnency with primary regulatory authority for certain areas of particular concern, the memorandum of understanding with DNR networks the administration of the submerged lands act with CRMP Policy. The Memorandum of Understanding between the CRMO and the Division of Environmental Quality of the Department of Public Health and Environmental Services details the manner in which DEQ and CRM will coordinate the issuance of permits, including coastal permits, earthmoving permits, and any air and water quality permits administered by DEQ. The Memorandum of Understanding between the CRMP and the Marianas Public Land Corporation details the manner in which the MPLC will execute leases of public lands which are located in APC's or which are located in areas identified as "major sitings". 133 Each Memorandum of Understanding outlines the role each agency will assume in the administration of the CRMP. In addi- tion, each memorandum of understanding outlines the manner of assistance which will be provided by the CRMO to each agency in return for their cooperation in administeri,ng the CRMP. The administration and policy supervision of Coastal Coordinators in each agency is delineated and a reaffirmation of the basis for permit decision-making is also included in each memorandum of understanding. Coastal Permit Program As described earlier in this section, a coastal permitting process has been provided for by executive order and enacted in the CRMP regulations. The coastal permit provides an effective means for managing land and water uses which may directly and significantly affect the coastal resources of the Commonwealth. Requirements and procedures for the granting, conditional granting, or denial of coastal permits are set forth in Section VII of the CRM Regulations. See figure X. Uses Subject to Permitting A coastal permit is required prior to commencing any work on any project, except as exempted or excluded by Section VII(a)(2) of the regulations, if that action takes place: (1) wholly or partially or intermittently in an APC, or (2) anywhere in the Commonwealth outside an APC if it is determined by the CRMO or any lead or participating agency, that the project constitutes a major siting, as determined pursuant to Section VI(j)(1) of the regulations. Variances Subject to the provisions of Sections VII(e)(6) and (h), variances from the requirements of a coastal permit may be granted under certain conditions. The applicant requesting a variance must justify the need for seeking relief from the coastal permit provisions. Variances may be granted if the applicant can demons- trate that the proposed action is in the public, regional, or national interest, constitutes an emergency repair or, to the satisfaction of reviewing authority(ies), that it will mitigate any direct and significant impact on coastal waters. Administrative Procedures Upon submission of a completed standardized Coastal Permit Application (certified as complete by the CRMO), Section VII(e) of the regulations require that the lead agency, any participa- ting agency, and the CRMO review the application. In the event 134 PUBLIC HEARING OPTIONS CRMP REVIEW PROPOSED STANDARD CONSISTENT PRIORITY CONDITIONAL ISSUE CONSISTENCY NON PERMIT PROJECT OTHER PERMIT REQUIREMENT CONSIS y REMAND IN ENFORCE- MENT DENY PERM T ISSUE PERMIT APPEAL VARIANCE GOVERNOR REMAND DENY DENY OURT DENY PERMIT F CON @_@DE 135 where a determination is made that an application is incomplete, the applicant is notified of the deficiency within 45 days of the date that the applicant was notified of the receipt of the appli- cation by the CRMO. The CRMO is also responsible for the deter- mination of consistency of any proposed project with the policies of the CRMP, and where required, with Section 307 of the CZMA dealing with federal consistency (.see Chapter 7). Decision The lead and any participating agencies together will either approve, conditionally approve, or deny the application in whole or in part, including any bonding requirement recommended by the lead agency as a condition to permit approval. The written deci- sion is then transmitted to the CRMO. The CRMO is the issuing authority for coastal permitting decisions. (See CRMP regulations, Sections VI (e) (3) (4) (5) ) . When denying a permit, the CRMO must make findings of fact in support of conclusions that the proposed action would be inconsistent with the policies of the CRMP and the standards and priorities applicable to the areas subject to the management program. Time to Act Pursuant to Section VII(e)(2)(B) of the regulations, the CRMO is required to issue a decision within 90 days after receiving a certified complete permit applicaton or, in the case where federal consistency certification is also requried, 180 days. If a decision is not issued within the prescribed time periods, or an extentsion is notmutually agreed upon, or if not set aside in the public interest, the application will automatically be deemed approved. Appeal Pursuant to Section VII(f) of the regulations, any applicant or person aggrieved by a permitting decision may, within 30 days of the date of the decision, appeal in writing directly to the Office of the Governor. With the consultation of the CAC, CRMO, lead or any participating agency, or office of the Attorney General, the Governor may either issue a final administrative decision or remand the appeal to the lead agency specifying issues for further consideration. Judicial Review Any applicant or person aggrieved by any coastal permit de- cision of the governor may appeal to any court of competent jurisdiction. (.CRMP regulations, Section VII(f)(2)). 136 Trust Territory Code Title 45, 61, 67 The following Trust Territory Code Sections are applicalbe to the Commonwealth by the Continuity of Laws section of the Covenant to establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States. Title 45, Fish, Shellfish and Game laws: Chapter 1: "Fishing with explosivesl chemicals and other sub- stances prohibited." "Limitations on taking of hawksbill turtles." "Control of Pintada margarita (black mother of pearl oyster shell)." "Trochus season to be designated -- rules and regula- tions for harvesting." Chapter 5. Endangered Species Act "Policy. The indigenous plants and animals of the Trust Territory of the Pacific Islands are of esthetic, ecological, historical, recreational, scientific, and economic value and it is the policy of the Government of the Trust Territory of the Pacific Islands to foster the well-being of these plants and animals by whatever means necessary to prevent the extinction of any species or subspecies from our islands or the water surrounding them." "Prohibitions. It is prohibited for any person to take, engage in commercial activity with, hold pos- session of, or export any threatened or endangered species of plant or animal or parts thereof." "The administration of this Act will include the authority to set up conservation programs aimed at conserving endangered and threatened species, including research programs to adequately define which species are in fact endangered or threatened, land or aquatic habitat or interest therein for the conservation of resident endangered or threatened species." Title 63. Public Health and Welfare Chapter 13. Air, Land and Water Pollution Environmental Quality Protection Act. "Public policy. The people of the Trust Territory of the Pacific I-slands are dependent upon the air, land and water resources of the islands for public and 137 private water supply, for agricultural, industrial, recreational uses, and as a basis for tourism. There- fore, it is declared to be the public policy of the Trust Territory of the Pacific Islands, and the purpose of this Subchapter to achieve and maintain such levels of air, land and water quality as will protect human health, welfare and safety and to the greatest degree practicable prevent injury to plant and animal life and property, as will foster the comfort and convenience of its people and their enjoyment of health, life and proporty and will promote the economic and social development of the Trust Territory of the Pacific Islands and facilitate enjoyment of its attractions." "All earthmoving activities within the Trust Territory of the Pacific Islands shall be conducted in such a way as to prevent accelerated erosion and acceleration of sedimentation. To accomplish this, all persons engaging in earthmoving activities shall design, implement and maintain erosion and sedimentation control measures which effectively prevent accelerated erosion and accelerated sedimentation." Title 67. Public Lands and Resources Chapter 1. Rights in Areas Below High Water Mark "The owner of land abutting the ocean or lagoon shall have the right to fill in, erect, construct and maintain piers, buildings, or other construction on or over the water or reef abutting his land and shall have the ownership and control of such construction; PROVIDED, that said owner first obtains written permission -- before beginning such construction." "The Government -- shall create no right in the general public to misuse, abuse, destroy or carry away mangrove trees or the land abutting the ocean or lagoon, or to commit any act causing damage to such mangrove trees or abutting land." "Public Lands abutting sea or tidal areas--Conditions to subdivision. Before offering for sale, lease, homestead, exchange, or allocation for any other purpose any parcel of public land abutting the sea or tidal areas, the Chief of Lands and Surveys shall first lay out and establish, or cause to be laid out and established, over and across such public lands, a reasonable number of public roads and paths from existing or established public roads to insure public access to the sea and tidal areas." 138 Marianas District Code The following District Code sections are in fullforce and effect in the CNMI. Prohibition for removal of sand from public beaches on Saipan, P.N. 1-70. "The Mariana Islands District Legislature at its Fifth Regular Session, February, 1965, adopted Resolution No. 14- 1965, discouraging the indiscriminate removal of sand, for construction or other purposes, from public beaches. The resolution was considered a worthy one and received the endorsement of the District Administration. Therefore, in the interest of preserving the beauty of our public beaches and for the prevention of hazardous conditions, this Public Notice is issued, prohibiting anyone from removing sands from any public beaches on Saipan, Mariana Islands District. In order to properly control the taking of sands, to preserve the appearance of our beaches, and to enable the public to enjoy leisure comforts of the beaches, the District Department of Public Works will be the sole authorized agency to haul, stockpile, and distribute sand from public beaches." The Mariana Islands District Code, Title 9, Chapter 9.24 prohibits littering anywhere in the Mariana Islands and provides a fine of $100 or 30 days for conviction under this Chapter. 139 CHAPTER VII: FEDERAL CONSISTENCY Sections 307(c) and (d) of the Federal Coastal Zone Management Act are termed the "Federal Consistency" provi- sions, and reflect the interest of the United States Cong- ress in improving coordination among the various levels of government with respect to coastal resource protection, planning, and development. In the Northern Marianas, these provisions assure that Federal activities, development projects, licenses, permits, and financial assistance pro- jects will be consistent with the Commonwealth's Coastal Resources Management Program to the extent defined by law. Standards for Determining Consistency The Coastal Resources Management Office (CRMO) (which is designated the lead agency pursuant to Section 306(c)(5) of the CZMA) shall have the following enforceable standards available to it in making its consistency determinations: (1) The goals and policies accompanying Executive Order Number 15; (2) The standards and priorities set forth in the Regulations and promulgated pursuant to Executive Order 15; (3) The Federal air and water quality standards and regulations, to the extent practicable to the Commonwealth of the Northern Mariana Islands, adopted by reference in the CRMP and regulations; and, (4) Any additional policies, regulations, stand- ards, priorities and plans that are incorporated into any amendment of the Program in the future. Federal Activities and Development Projects Sections 307(c)(1) and (c)(2) of the CZMA require that Federal activities, including development projects directly affecting the coastal zone "shall be conducted in a manner which is, to the maximum extent practicable, consistent with approved state management programs." Although the issuance of a license or permi't to a non-federal applicant or the granting of assistance to an applicant agency does not constitute a "federal activity", a permit issued to another federal agency is included in that definition. Federal agencies initially determine themselves which of their activities directly affect the coastal zone (15 CFR 930.33). Should a federal agency decide that its proposed action directly affects the coastal zone, it must notify the Commonwealth of its proposed action and submit a consistency determination (9930.34(a)). 140 CONSISTENCY CERTIFICATION PROCESS C-1 COASTAL PERMIT APPLICANT APPLICATION FOR PROCESS FEDERAL ASSISTANCE CERTIFICATE ALL FEDERAL OF A-95 COMMONWEALTH A-95 GRANTOR CONSISTENCY AGENCIES /11 CONSISTENT COASTAL RESOURCES MANAGEMENT NOT CONSISTENT V SS NT 141 rrl --- i =EC 0 CD U) @:l cin :D, a -C:l 0 C: (D rt CD C) C) r) C) 0 t7' > m z 11 M z 11 tZI t7i r-I @-3 r-I @-3 n q 51 @[: =: C-4 C4 10 q 0 0 L-1 C) > @j 0 0 > ij n @o lc@ n n < - u m 0 @g C@o 0 0 tri H Z z h n 3 0 @j @-3 @_3 0 n Ili n @< O@a @< C4 C4 0 C-4 tri N n @A C) z n 0 t-I t7, > n c) > i,,:) c) ij n :i: t-I :2 u 0 c) n 0 21 (D :i: @o n to @o 2 t-I w rlr 0 n 0 0 0 @l 0 @lj t7i x > p n x @y n > y to p c) "7 c) p p @p n z (D ::I' W tl 0 rt (D C: Fl- (D (D Qj0 0 (D 0 cr 4 o " m 0 ct 10 w 10 110 @l< p w LQ 0 Fl. H_ 0 m F, co 0 rt' Fl- rt ri' Fl- (D @l (A (D Fl- (D @l n & W (D o P. (n pj rt C) cn > H@ rt (D (t H@ z w rt 0 M 0 " (D 0 0 0 0 W 0 :1 F- _Q rt rt U) W (D @:l (n ti 4 > " z @l 0 rt w @o (D rt 0 0 w t--h < Fl- F- C) n 0 z ro a Ql (D td H- M < (D cr H_ o (t (D 0 @lh W r_ U) p 0 0 " (D 0 n cn 5 E:i cr 0 ct > :@ H 0 Fl- (D tI- r@ r_ H_ I:: z > (t 0 P. 0 rt H a 0 t-h w n 0 :j @3' @_3 (D U) H n (D (D 0 H rt (D rr In 0 0 0 0 @j 0 il) (D tO (D @l (D rt (D 0 (D @l r_ n rt 0 0 IIX ajnBTJ U) Although Federal lands in the Northern Marianas are excluded from the coastal zone pursuant to Section 304(l) of the CZMA, federal activities occuring on federal lands which result in spillover impacts which directly effect the Commonwealth's coastal zone must be consistent, to the maximum extent practicable, with the CRMP. (See figures XI and XII) Federal Licenses and Permits Section 307(c)(3) of the CZMA provides that any Federal agency issuing licenses or permits to non-federal applicants for proposed activities affecting the coastal zone, do so only when it can be demonstrated that such activities will be conducted in a manner consistent with the Commonwealth's management program. The applicant's consistency certification statement, which will be then reviewed along with the application by the CRMO, and must be accompanied by sufficient information to support the applicant's consistency determination. Within six months after the date of receipt, the CRMO will notify the issuing Federal agency of its concurrence or objection. If the CRMO fails to respond within the prescribed period of time, the Commonwealth's concurrence with the finding will be presumed. A Federal license or permit may not be issued by the Federal agency if CRMO objects to the applicant's certification statement, provided that the objection is not resolved through mediation pur- suant to 15 CFR 930.55 or overturned on appeal to the Secretary of Commerce under the provisions of Section 307(c)(3)(B)(iii) of the CZMA. The issuance or denial of a Commonwealth coastal permit, as provided for by joint regulations, will indicate consistency or lack of consistency with the CRMP and the CRMO shall notify the federal agency of the permitting decision for its use in its federal permitting decision. The federal licenses and permits that the CRMO will review for consistency with the CRMP include: Federal Agency License or Permit Citation DEPARTMENT OF COMMERCE National Marine taking or importing marine 16 U.S.C. 1374 Fisheries Service mammals endangered species permit 16 U.S.C. 1538-43 for marine species DEPARTMENT OF DEFENSE U.S. Army Corps of construction of dams or River and Harbor Engineers ditches across navigable Act of 1899: waters Section 9, 33 U.S.C. 401 143 obstruction or alteration Id. Section 10, of navigable waters '5_3 U.S.C. 403 establishr,.ient of harbor Id. Section 11, lines 33 U.S.C. 405 temporary occupation of Id. Section 14, seawall, bulkhead, jetty, 33 U.S.C. 408 dike, levee, wharf, pier or other work built by U.S. discharge of dredge spoil Federal Water into waters of the U.S. Pollution Control Act of 1972: Section 404, 33 U.S.C. 1344 approval of plans for im- River and Harbor provements made under Corps Act of 1902: supervision at private 33 U.S.C. 565 expense transportation of dredged Marine Protec- spoil for the purpose of tion, Research, open ocean dumping and Sanctuaries Act of 1972: Section 103, 33 U.S.C. 1413 DEPARTMENT OF ENERGY prohibition and construc- Energy Supply tion orders and Environmental Coordination Act: 15 U.S.C. 791-. 798; 42 U.S.C. 1857b-1-1857L DEPARTMENT OF THE INTERIOR Fish and Wildlife. endangered species permit Endangered Species Service terrestrial species Act: 16 U.S.C. 1538-1543 National Park construction of visitor 16 U.S.C. 3 Service centers on National Park Service land construction of electric 16 U.S.C. 5 and communication lines across National Park Service land 144 DEPARTMENT OF TRANS- PORTATION U.S. Coast Guard private aids to navigation 14 U.S.C. 83 construction or modifica- 33 U.S.C. 401, tion of bridges or cause- 491, 525 ways in navigable waters authorization for handling 46 U.S.C. 391(a) combustible or flammable liquids by bulk in U.S. ports deepwater port permits Deepwater Ports Act of 1974: 33 U.S.C. 1501 Federal Aviation airport development pro- 49 U.S.C. 1716 Administration jects ENVIRONMENTAL PROTEC- underground injection Safe Drinking TION AGENCY Water Act: Section 1421 (c) (1) 42 U.S.C. 300h ope ration of underground Resources Recov- injection wells in designa- ery Conservation ted areas Act of 1976: 42 U.S.C. 300h-3 handling and disposal of Id. 42 U.S.C. hazardous substances prevention of significant Clean Air Act of deterioration (PSD) 1976: Section 110, 42 U.S.C. 74-10 new source construction/ Id. Section 111, operation T-2 U.S.C. 74-11 National Emission Standards Id. Section 112, for Hazardous Air Pollutants '42 U.S.C. 74-12 (NESHAPS) NPDES permits for federal Federal Water installations Pollution Control Act of 1972: Sections 401, 403, 33 U.S.C. 1341-134@' 145 NPDES permits for discharges Id. Section 402, into the contiguous zone and TO-3, 33 U.S.C. ocean water 1342-1343 sludge runoff permits Id. Section 405 33U.S.C. 1345 If in the future it is found that the issuance of other kinds of Federal permits and licenses causes direct and significant impact on coastal land and water resources, the above list will be expanded as necessary. Federal Assistance Section 307 (d) of the CZ14A establishes -consistency requirements for federal program assistance to the Common- wealth which includes grants, loans, contracts, subsidies, guarantees, insurances, or other forms of financial aid for coastal zone activities. Applications for such assistance for activities affecting the coastal zone must include a certification of consistency with the CRMP. Applications submitted to the Planning and Budget Affairs Office for federal assistance for activities affecting the coastal zone must go through the A-95 notification and review process to ensure the CRMO an opportunity to review the proposed action for consistency with the CRMP. If the CRMO finds that the proposed federal assistance is not consistent with the CRMP, the application cannot be approved unless the CRI%,10's finding is resolved through mediation pursuant to 15 CFR 930.99 or is overturned on appeal by the Secretary of Commerce. Among the federal assistance programs subject to review for consistency are all those listed in the Catalog of Federal Domestic Assistance (see CRMP Regulations Section VII(d)(2)) in addition to applications to the office of Coastal Zone Management for CEIP grants (see 9930.90 comment). 146 CHAPTER VIII: CONSULTATION A. Introduction This chapter outlines the ongoing role of the CRM Office in coordinating the coastal resources management program development process with representatives from government, the private sector, and members of the public. Executive Order 15, Paragraph 2, specifically directs that.- "The CRM Office will coordinate the implementation of the CRM Policies by the Commonwealth government and shall continually review and monitor Commonwealth government activities for their consistency with the CP14 Policies and shall regularly report to my office on its findings-." CRM regulations (Chapter III Public Participation and Infor- mation) explicitly state that the CRMP shall: "Provide adequate, effective, and continuing oppor- tunities for public participation in the Coastal Management Program," The CRM Office is further ordered by the CR.%-1 regulations to make available to the public and the agencies participating in the CRMP information and educational materials. Such material is to be made available to the public or other affected parties with a view towards both having them understand the need for Coastal Resources Management and to have them clearly comprehend the requirements for the issuance of coastal permits. Finally, the CRM regulations direct the CRIA office to prepare an annual report to the Governor on the operation of the CRM pro- gram. This report is to be in the public domain and distributed as widely as practicable. B. Citizens Committees Three major committees of concerned citizens were formed in the CNMI in order to catalyze the Coastal Resources Management public participation process. These are the Technical Advisory Committee, the Citizens Advisory Committee, and the Coastal Re- sources Management Task Force. The various functions of each of these groups are outlined in Chapter I and a complete list of the members of these groups is found in Appendix C Paragraph 6 of Executive Order 15 created the Coastal Advisory Council which supercedes the three committees named above and which will con- tinue to provide a mechanism whereby citizen input is received at the highest levels of policy and decis'ionmaking. 147 C. Media Contact Awareness of Coastal Resources Management Philosophy has also been disseminated throughout the CNMI via newspaper publications, radio announcements, television spots, and environmental awareness workshops. In addition, the CRMP publishes a monthly newsletter entitled "Coastal Views" which has a distribution of over 1,000 copies. Among those receiving Coastal Views on a regular basis are private citizens, public interest groups, federal and Common- wealth government agencies, and commercial establishments. Public meetings are also held periodically throughout the Commonwealth with the objective of sensitizing people to environmental concerns and to provide a forum to discuss the CRMP. These public meetings are advertised in advance in the local newspapers and announced on the radio. A wide variety of literature describing the CNMI CRM program has also been made available in places of public congrega- tion such as the local libraries, government buildings, stores, and schools. A comprehensive mailing list of government agencies, regional organizations, port authorities, and public and private organizations likely to be affected by or to have a direct interest in the development and implementation of the management program and the correspondence that has been conducted with these entities is found in Appendix C . D. Continuing Consultation Mechanisms Pursuant to 15 CFR 8923.57, the CNMI CRMP has established a mechanism which will provide for continuing consultation and co- ordination with affected local government, area-wide, government regional groups, and members of the general public after program approval. More specifically, the CRMP will continue to actively support the councils, committees, and task forces currently con- cerned with coastal resources management in the CN14I and to sche- dule meetings with these groups as often as is practicable. In addition, CZM issues will be addressed on a regional basis through the Pacific Basin Commission. At this juncture, regulatory authority over the land and water resources of the CNMI is concentrated in the hands of the central Commonwealth government. Should zoning authority at some future date be delegated to local government, procedures will also be developed whereby local governments with zoning authority are notified of State management program decisions. Coupled with this, procedures will be developed to consider comments by local governments having zoning authority. Already, the CRMP regulations establish a procedure in which all Commonwealth regulatory agencies with authority over aspects of Coastal Resources are required to review and comment on projects affecting the Coastal Zone (CRMLP regulations Section VII). Additionally, Section VII(d)(10) of the CRM regulations outlinef--the ongoing process involved in coordinating coastal re- lated federal projectsand assistance in the Commonwealth, as well 148 as the process for achieving consistency of the Commonwealth pro- jects funded from.Commonwealth monies. The vast geographical distance between the Northern Marianas, Hawaii, and the Mainland preclude closer contact with federal agencies. There is a great need in the CNMI to improve communication facilities between the Marianas, Hawaii and the Mainland. Coordination will, however, continue to be conducted by mail, telephone, telex with federal representatives and representatives of regional interest groups. 149 CHAPTER IX: ADDITIONAL PLANNING REQUIREMENTS This Chapter deals with shorefront access and protection planning; energy facility planning; shoreline erosion and miti- gation planning; and future issues. A. Shorefront Access and Protection Planning 1. Introduction 15 CFR 923.24 requires the following elements to be present in a shorefront access planning process: - A procedure for assessing public beaches and other public areas requiring access or protection. - A definition of the term "beach" and an identifica- tion of public areas meeting that definition. - An identification and description of enforceable policies, legal authorities, funding programs and other techniques that will be used to provide such shorefront access and protection as the State's planning process indicates is necessary. The following section addresses the questions enumerated in the Federal CZMA program regulations and describes the Commonwealth's coastal planning process. This process is one which assures that public access to coastal resources is adequately considered. 2. Assessing Beaches and Other Areas Requiring Access and Protection The key Commonwealth regulation governing shoreline ac- cess and protection is contained in the CRMP regulations "Standards for Permit Issuance for the Shoreline APC." (CRMP regulations VI(C)(1)(e). This regulation provides that: "The Commonwealth shall increase and maintain public land holdings along the shore for pur- poses of access and hazard mitigation through land trades with the MPLC, land purchases, creation of easements and where no practicable alternative exists, through the constitutional authority of eminent domain." The following section of the Trust Territory Code is .also in full force and effect in the CNMI: 150 67 TTC 9152 - Public lands abutting sea or tidal areas - conditions to subdivision. "Before offering for sale, lease, homestead, ex- change, or allocation for any other purpose any parcel of public land abutting the sea or tidal areas, the Chief of Lands and Surveys shall first lay out and establish, or cause to be laid out and established, over and across such public lands, a reasonable number of public roads and paths from existing or established public roads to insure public access to the sea and tidal areas." The CRMP approach which has been developed for assess- ing shoreline areas requiring management attention includes the following elements: a. An exhaustive analysis of available date relating to the shoreline, reef physio- graphy, and shoreline use. b. Data-base development including on-site physiographic study of all shore and reef areas in the Commonwealth located within the boundaries of the principal islands of Saipan, Tinian, and Rota. C. An analysis of existing legal authorities for the provision of public access and shoreline protection. (See Part 2, Chapter VI). This planning approach resulted in two comprehensive studies on behalf of the Commonwealth CRM office entitled: Beaches, Coastal Environment, and Alternative Sources of Fine Aggregate in the Northern Mariana Islands; and Atlas of the Reefs and Beaches of Saipan, Tinian, Rota, and Aguijan. These publications will hereinafter be referred to as Technical Report #2 and Technical Report #1, respectively. 3. Definition of "beach" and Identification of Public Areas. In the context of shoreline access and protection, "beach" has been defined to mean: "An accumulation of unconsolidated deposits along the shore with their seaward boundary being at the low-tide or reef flat platform 151 level and extending in a landward direction to the strand vegetation or first change in phy- siographic relief to topographic shoreline." (See CRM regulations Section X). Those public areas in the CNMI which meet the definition of beach are contained in Technical Report #2. Individual beach descriptions in this technical report contain notes on accessability and recommendations for a beach protection stragegy. 4. Enforceable Policies and Legal Authorities for Shore- line Access and Protection in the CNMI are DetaileJ in the authorities section of this document. Briefly, Executive Order 15 explicitly states that it is the policy of the "Commonwealth to encourage the preser- vation of traditional rights of public access to and along the shorelines consistent with the rights of private proper- ty owners." At the same time, the CNMI Constitution declares that: "The Corporation (MPLC) may not transfer an interest in public lands located within one hundred and fifty feet of the high water mark of a-sandy beach" More specifically, this latter provision constitutionally provides for the protection of the shoreline by proscribing the acquisition of waterfront public land, thus precluding significant problems of beach access. B. Coastal Energy Facilities 1. Section 305(b)(8) of the Coastal Zone Management Act requires that the management program for each state and territory include: "A planning process for energy facilities likely to be located in or which may significantly affect the coastal zone, including but not limited to a process for anticipating and managing the impact from such facility." Pursuant to this statutory mandate, NOAA regulations at 15 CFR 923.13 contain five district requirements, as follows: Identify energy facilities which are likely to locate in or which may significantly affect, the coastal zone. All existing energy production facilities now lo- cated on the islands of Saipan, Tinian, Rota, and Pagan, as well as all proposed generating facilities are listed in Table which lists equipment, dis- cusses existing and projected demand, capacity, back up facilities, fuel type, and distribution systems. Table lists the existing and proposed fuel stor- age facilities in the major islands of Saipan, Tinian, 152 and Rota by location, capacity, and fuel type. Table lists and describes major energy facilities that have been proposed to date. Tables are located in Appendix D. Describe the procedure for assessing the suitability of sites for such facilities. The CRM program regulations require comprehensive review of all projects in the Coastal Zone with the potential to be: (1) identified as major sitings or (2) located in an APC. Energy facilities are by definition major sitings and thus automatically sub- ject to the CRM. program review mechanism. It is Commonwealth policy to plan for and site petroleum based energy facilities in the Port and Industrial APC. In the case of new energy facilities which may not be reasonably sited in the Port and Industrial APC, the CRM program has the authority to amend existing APC designations with a view towards creating an additional special management'area for energy production. Applicants contemplating the construction of energy related facilities will be required to obtain the same coastal permit required of any applicant contemplating a project which has the potential to directly and significantly adversely effect coastal waters. Such applicants will be required to submit suffi- cient information as is required for the CRM program decision-making process to operate effectively. This information will include such data as a description of existing environmental conditions and the probable effects both beneficial and adverse, which the proposed project may have on the general environment. Further, the applicant will be required to provide the Coastal Resources Management program with necessary information to evaluate a proposed project in accordance with the CRMP regulations VII(d)(1). A written statement discussing alternatives to the proposed project is also required. This information will be evaluated by program agen cies and the CRM program office which will then make a determination regarding the issuance, denial, or conditioning of a coastal permit. In addition, applications for federally funded energy facility projects will require a comprehensive environmental review pursuant to the National Environmental Policy Act. The consistency provisions of the CZMA will not allow federal permits to be issued which are inconsistent with the Commonwealth CRM program when approved. (See Chapter 7.) 153 Articulate the State policies for managing energy facilities and their impacts,_@@nd include a clear articulation of policies that may be posed on site location and facility development. Recently, Governor Carlos S. Camacho stated before the U.S. Senate Subcommittee on.Energy Resources and Development, the following message: "The Commonwealth of the Northern Mariana Islands is presently totally dependent on imported oil for its electrical generation. Our economic development is contingent upon an electrical system of increased capacity and stability. We feel that the technology now exists which would enable us to become more independent and self-sufficient in our energy supply." This ethic has resulted in the creation of the Commonwealth Energy Office which will be the clearinghouse for the planning and implementation of energy related programs. The major thrust of the office will be to establish a conservation program, demonstration projects, and a public education pro- gram; administer Federally-funded energy programs, and to advise the office of the Governor on energy related matters. Identify how interested and affected public and private parties may be involved in the planning process, and identify a means of continued consideration of the national interest in the planning for the siting of energy facilities after program approval. The CRM program permit procedure requires the public advertisement of all coastal permit applica- cations including those for energy facilities. Public hearings are also required by the CRM program regulations in the event that such hearings are reasonably requested. The on-going consideration of the national interest in the decision-making process of energy facility planning and siting is contained in the following goal delineated in Executive Order 15: "It is the Commonwealth's goal to provide for adequate consideration of the national interest, including that involved in planning for, and in the siting of, facilities (including energy facilities in, or which significantly affect, 154 the Commonwealth's coastal zone) which are necessary to meet requirements which are other than local in nature." Identify the legal authorities and other management techniques that will be used to accomplish state policies and procedures. Federal agencies and departments with regulatory authority affecting the CRMP include but are not limited to the following: Coast Guard (oil spill prevention plans); Environmental Protection Agency (Discharge Permit); U.S. Army Corps of Engineers (Dredge, Fill and Spoil Disposal Permits); Department of Interior (U.S. Geological Survey); and the Federal Energy Regulatory Commission. Additionally, the Council on Environ- mental Quality will monitor Environmental Impact Statements for major Federal projects pursuant to the National Environmental Policy Act (NEPA). These agencies will be consulted on a regular basis via correspondence, off-island travel, and consistency procledures. Commonwealth CRM program regulations mandate that petroleum based coastal energy facility siting shall be planned for within the Port and Industrial APC and that energy related facilities be included in the definition of major sitings and thus subject to control by the CRM program. A complete discussion of authorities is contained in Part 2 in Chapter VI of this document. 2. Alternative potential energy production by non- fossil fuels. The CNMI Energy Office is responible for the development of an Energy Conservation Program and an Energy Information Outreach Program. Alternative energy sources identified by the CNMI Energy Office include the following: wind Power - the velocities of the island's prevailing northeast tradewinds vary seasonally, reaching 15 to 20 miles per hour, with an annual average of 10.5 miles per hour. Major tropical storms common to the area may preclude extensive implementation-of wind driven technology. Nevertheless, wind is seen as having the potential to produce electricity, to pump water and produce hydrogen through electrolysis. 155 Solar - Data concerning average annual cloud cover and other important meteorological conditions is not generally available. But because of the tropical location of the Northern Marianas, insolation is considered ample, and the average temperature is a constant 80 degrees the year round. Solar energy will be utilized for heating water and air conditioning. Passive solar architecture is also under consideration and studies are underway at Guam and Hawaii regarding the electricity-producing potential of ocean thermal energy conversion (OTEC) techniques. Biomass - The Commonwealth's vast biomass resources are virtually untapped, and new species of fast-growing trees, i.e., the giant "Hale Koa" from Hawaii, are being considered for local introduction. With such stores of and additions to available organic materials, possibilities for the production of electricity from biomass exist. Biomass should also be investigated to determine potentials for the production of alcohol and/or gasohol which could be used as an alternative fuel for the island's automobiles. Biogas or methane gas could be produced from animal or plant waste, thus solving a pollution problem while at the same time creating a renewable energy source which could be utilized to cook, light, and run a variety of machines. Geothermal - Northern Islands - Geothermal resources would appear to be an abundant potential source of power in the volcanic Northern Islands of the Commonwealth. Tapping the natural heat from the interior of the earth, where it occurs sufficiently close to the surface is considered relatively economical and, having only mild environmental effects. The heat is used to produce steam for electric generators. A complete inventory of Energy Office plans is included in Appendix D. C. Shoreline Erosion/Mitigation Planning 1. Introduction Section 305(b) of the CZMA requires: "The Management Program for each coastal state shall include ... A planning process for (A) Assessing the effects of shoreline erosion (however caused), and a planning process for (B) Studying and evaluating ways to control, or lessen the impact of, such erosion, and 156 to restore areas adversely affected by such erosion. The CZM program regulations (15 CFR 923.25) require the inclusion of the following elements in the planning process for managing shoreline erosion: - Methods for assessing the effects of shoreline erosion coupled with methods for evaluating techniques for mitigating, controlling, or restoring areas adversely affected by erosion. - Identification and description of enforceable policies and legal authorities that will be used to manage the effects of erosion as the Commonwealth's planning process indicates are necessary. Methods for Assessing Shoreline Erosion Erosion is the wearing away of land by the action of natural forces. For the purposes of this planning process, these forces are water related: wave action, tidal action, and longshore transport. Fortunately, natural shoreline erosion is not considered to be a significant problem throughout most of the Commonwealth. Briefly, the physical nature of the Saipan, Tinian and Rota shoreline is pre- dominantly rocky clifflines. Beaches of these islands are largely protected by coral reefs. As a consequence, the shorelines are not generally subject to damaging wave action and subsequent shoreline erosion. a. Shoreline Classification To address existing or potential shoreline erosion problems, the immediate coastline or ocean-land interface of the Commonwealth has been classified. These classifications are contained in Technical Reports 1,2,3,6,7 and 8 (see Appendix A). Particularly in Technical Report #2, an attempt has been made to assess the vulnerability of CNMI beaches to storms. Also, beach dynamics at each individual beach have been identified and an analysis conducted. This information will be used as a basis for assessing the effects of shoreline erosion and in evaluating techniques for miti- gating, controlling, or restoring areas adversely affected by erosion. b. Classification of Beaches in the CNMI with a view towards managing shoreline erosion. Saipan Saipan beaches are well developed on the western margin where they are bordered almost continuously by fringing and 157 barrier reefs. Beach sand is generally continuous although occasional outcroppings of limestone rock occur locally to the north. Generally, Saipan beaches are composed of fine calcareous sands composed of foraminifera, small mollusk sheJ-ls, and bioclastic materials. South and east of Agingan, on the southern coast, the beaches are protected by a fringing reef 50 to 300 feet in width. Beaches are irregular with several long stretches of coarse sand or gravel and cobble beaches such as those that exist at Unai Dangkulo and Unai Obyan. Small pocket beaches of sand and gravel such as that at Unai Poe (Ladder Beach) dot the coastline. On the east coast, Laulau Bay has provided enough protection to allow the development of Unai Laulau, a beach composed of gravels and sands with a fringing reef extending to a maximum width of about 550 feet. On the coastline north of Kagman, the fringing reef is narrow and beaches are generally less than 500 feet in length. Many of these beaches are small pocket beaches formed at the mouth of intermittent streams, Unai Tolofofo, and Unai Hailaihai (Marine Beach) are notable examples of such pocket beach development. Unai Fanunchuluyan (Bird Island) is a sand and gravel pocket beach with a developed beach area 20 feet to 100 feet wide with a fringing reef between 250 to 1100 feet wide. Tinian With one or two exceptions, the beaches of Tinian are relatively small and rocky, and unlike the broader and better developed beaches of Saipan. There are two principal beaches at Unai Dangkulo and at Tachungya which are 900 and 1400 feet long, respectively. All other beaches on Tinian are considerably smaller. Tinian beaches are composed of medium to coarse calcareous sand and in some places gravel and cobble. Several beaches along the southwest coast have been formed as the result of wave deposition of sediments above the waterline of broad sloping terrain inclining gently into the water. The beach at Unai Chigit is rather unusual. The inlet, roughly 80 feet wide and more than 300 feet long, is a slot eroded into a major fault zone in the Marianas Limestone. Sand caught or trapped in the slot is thrown onto the beach during typhoons. 158 Rota The coastline of Rota is well developed with a fringing reef, extending along its northern shoreline from Taipingot to As Matmos. Generally, the fringing reef is less than 600 feet in width. Near Taipingot, in the west harbor areas, the fringing reef is 800 to 900 feet offshore. At the eastern end of Rota, near As Matmos, the fringing reef narrows and the coastline grades into rugged steep bluffs with.a raised platform. On the southerly or southwesterly facing coastlines, the fringing reef is generally undeveloped and of limited width. In that segment of coastline between Songsong Village and Puntan Pona (Pona Point), there is one major beach (Teneto) and several small pocket beaches utilized by local residents for picnicking and swimming. Small boats are also launched and retrieved along this shoreline near the east dock. East of Pona Point, Tomag Beach and Babao-Afa Beach, are the only sizeable sandy to cobbly beaches with a fringing reef. Generally, the northern shoreline is boulder strewn or exhibits areas of pinnacle limestone rock outcroppings and localized areas of beach rock. Although much of the shoreline is suitable for picnicking, wading, and shelling, few good swimming areas exist. Three potential swimming beaches are the Teneto beach area with a length of 1800 feet and two small pocket beaches, Uyulan and Sonton. The best developed sandy beaches are Mochan and Maja Beach at the extreme north- ern end of the island. Uyulan and Sonton Beaches have the potential for being developed into better swimming and picnicking beach areas. Teneto, the longest stretch of beach, could also be developed for picnicking and swimming. Pagan Pagan has approximately 27 miles of coastline, most of which is very rugged. Low plateaus and high sea cliffs interspersed with small pocket beaches and a few longer basalt or calcareous sand and cobble beaches form the shoreline. Some 22 beaches comprise about 7.5 miles of shoreline on Pagan. Only 11 of these are included in the following beach survey. Beaches bordering South Volcano and several beaches on the east and northeast coast are pocket beaches of limited size and are generally inaccessible, and are therefore excluded. 159 Immediately north and west of the Bandeera Peninsula are approximately 3600 feet of smooth, steep, soft black volcanic sands in three distinct beach developments separated by lava flows or pyroclasitc deposits. There is no reef margin developed adjacent to these beaches and they are subject t'o rapid erosion or accretion during typhoons or major storms. Continuing southward along the west coast of the isthmus are 7500 feet of more or less continuous beach deposits separated locally by rock outcrops or talus. Generally, the shoreline is bounded by a rough flat raised reef. qeposits here are principally volcanic with a gravel and pebble beach to the north and smooth, steep, soft volcanic sands to the south. The beach surfaces are between 20 and 45 yards in width and the reef flats are up to 150 feet wide. Accessi- bility is limited to either small boats or persons on foot. The coastline bordering The South Volcano is extremely rugged and the beaches are small localized gravel and cobble beaches. Along Pagan's east coast are two fairly extensive bea- ches composed primarily of coral sand. The southern-most beach is about 3,000 feet long and consists of sands and gravel with occasional outcroppings of beach rock. The northern-most beach is more sandy and flat lying. Both beaches are protected seaward by a fringing reef generally less than 150 feet wide. North of Sengan Peninsula is a small pocket beach of coarse sand and gravel. Cobbles and boulders or volcanic material are evident on the high portions of the beach. The fringing reef is slightly raised. On the extreme northern coastline of Pagan, there exists one major beach approximately 2300 feet long. It is a smooth sand beach bounded by a raised frining reef. Other beaches on the northern coastline are of limited extent and consist generally of coarse cobble or boulder beaches. 3. Identification and Description of Enforceable Policies The legal authority for assessing, studying, and evaluating the effects of shoreline erosion originates in the following documents: - Commonwealth Executive Order No. 15 - The Constitution of the Northern Mariana Islands Public Law 1-8 CRMP Regulations 160 Among the goals and policies accompanying Executive Order No. 15, are the following: "The Commonwealth shall not permit, to the extent practicable, development of identified hazardous lands including floodplains, erosion-prone areas, storm wave inundation areas, air installation crash and sound zones and major fault lines, unless it can be demons- trated that such development does not pose unreasonable risks to the health, safety, or welfare of the people of the Commonwealth, and complies with applicable laws. The Commonwealth shall maintain or increase coastal water quality through control of erosion, sedimenta- tion, runoff, siltation and sewage and other discharges. In addition, the regulations pertaining to the Coastal Resources Management Program published in the Commonwealth register explicitly state: The Commonwealth shall continue its planning process to reduce beach erosion. The Commonwealth shall strictly regulate the taking of beach sands, gravel, other aggregates, minerals, etc., for any purpose. The lead and participating agencies shall consider ... in its review of an application for a coastal permit whether the proposed project is designed to eliminate or mitigate shoreline erosion. Finally, in addition to Federal Coastal Zone Management Program interests in shoreline erosion, the U.S. Congress enacted the Shore Erosion and Control Demonstration Act (P.L. 93-251, Section 54) in 1974. This act gives the U.S. Army Corps of Engineers authorization to initiate a shore erosion control demonstration program. It is anticipated that this may provide an additional source of funds which can be utilized by the Commonwealth to assess the effects of shoreline erosion. A complete summary of legal authorities for shoreline erosion planning is contained in Part 2, Chapter VI of this document. D. Future Issues 1. Introduction Section 923.71(c)(2) of the CZM program regulations re- quires that there be: "a brief discussion of those issues and problems ... which will be taken into consideration during program implementation and/or future program refinements." 161 The following future issues are considered as having marked potential to significantly impact the coastal environ- ment: 2. Marine Fisheries Development and Management Exploitation of sustainable yields of fishery resources in CNMI territorial waters represents an economic sector with high growth potential. Presently, commercial and recreational fishing is carried out on a very small scale. This is primarily due to,legal and infrastructural constraints on industry development. Activity in this sector of the economy can, however, be expected to increase greatly in the years ahead. Such growth will require the Commonwealth to become more involved in planning for responsible management in the development of fishery resources. 3. Possible Designation of New Areas of Particular Concern (APC's) Areas of Particular Concern (APC's) arespecifically designated geographic areas where the presence of unique or significant natural resources, geological constraints, developmental pressures, hazards or other exceptional geographic characteristics warrants and requires the appli- cation of extraordinary regulatory or management measures in order to ensure the retention of such exceptional qualities or to insure the health, safety, and welfare of the general public. Currently, four areas of particular concern have been designated in the Commonwealth of the Northern Mariana Islands. In the future, other areas of particular concern may be identified. Among those areas potentially warranting consideration for future APC status, are the following: - Northern Islands APC - Fresh Water Streams APC - Groundwater Recharge APC - Historical/Archeological APC - Oil Port Development APC 4. Oil Port Development APC The Commonwealth's consideration of one or more oil port development proposals will require the acquisition of a great deal of baseline environmental data. Such baseline data as a minimum, should contain the following information: 162 a. Complete site-specific environmental information, including information on wave action, currents, hydrography, seismic conditions and storm history plus a geological and a biological inventory. b. An estimation of the socio-economic and cultural impact of any projected oil port facility on the Commonwealth. C. A strategy for accommodating the growth-inducing aspects of an oil port development. 5. Garapan and Susupe Flood Control Projects Control of runoff water in the Commonwealth of the Northern Mariana Islands, so as to prevent flooding, cons- titutes another area of potential future significance. The Susupe-Chalan Kanoa area has been identified by the U.S. Army Corps of Engineers as being in particular need of a coordinated flood control strategy. It is imperative that wise flood plain management practices be observed while coordinating CRM activity in this area. Should development be initiated in this sector, the CRMP will be extensively involved in planning and management. 6. Garapan Small Boat Harbor and Fisheries Complex The U.S. Army Corps of Engineers is presently examining the f-easibility of constructing a small boat harbor coupled with a fisheries complex on Saipan Island. Currently, there are no improved harbors on Saipan with facilities for light draft boats. Nor is there a fishing center on Saipan which would act as a catalyst for fisheries development throughout the Commonwealth. A number of potential sites on the west coast of Saipan have been identified and examined, of which Garapan and Tanapag harbor seem most suited for marina development. 7. Ocean Thermal Energy Conversion (OTEC) Electric Power Generation Construction of an OTEC plant in the Commonwealth of the Northern Mariana Islands would potentially involve significant environmental impacts. However, the Common- wealth would be an ideal location for such a development, as OTEC sites require marked thermal gradients in off-shore marine waters such as exist off of Saipan, Tinian, and Rota. The desirability of OTEC type power generation will increase as the economic hardship of total dependency on petroleum 163 fuel for power generation becomes manifest. OTEC offers a potentially economically attractive alternative for the provision of energy. 8. Rota Harbor Improvements The Commonwealth is presently contemplating the develop- ment of improved port facilities in Rota Harbor. Such a project would catalyze the expansion of tourist facilities, as well as provide impetus.to economic development on Rota. The Coastal Resources Management Office of the Commonwealth of the Northern Mariana Islands will continue to provide direction and-guidance so as to ensure that the potential improvements to Rota Harbor are done in a rational and environmentally sensitive manner. 9. Military Option Area Presently, all of Farallon De Medinilla is under U.S. military jurisdiction. In addition, the military holds an option over a large portion of Tinian and parts of Saipan. These areas, thus fall outside the jurisdiction of the Commonwealth of the Northern Mariana Islands Coastal Resources Management Program, except in respect to spill- over impacts on non-federal property. Should such lands again be acquired.by the Commonwealth, the resource base under management of the Commonwealth could significantly increase, necessitating further assessment of resource characteristics. This would compel the further development of ecologically sound resource management strategies. 10. Marine Education and Technical Training and Assistance Education is viewed as a major component in an approved CRMP. Education will take two directions. Thefirst, is a program of public education geared toward increasing the general perception of coastal problems and issues. This will take place through curriculum-introduced into the school sytem and through the media. The second aspect involves the training and education of individuals who will assume CRIAP and other resource related job respon- sibilities in the future. 11. Regional Coordination The recently formed Pacific Basin Development Commission, of which Guam and the Northern Mariana Islands are members, rated regional coordination as the highest priority issue for Coastal Zone Management in the Pacific. Under an approved CRM program, regional resources management will be an important element. 164 APPENDICES 165 LIST OF APPENDICES A. TECHNICAL REPORTS B. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS SEAPORT INFOR14A- TION SHEET C. CONSULTATION/CORRESPONDENCE 1. CONSULTATION WITH INDIVIDUALS AND AGENCIES CHRONOLOGICAL LISTING FROM JANUARY 1978 FEBRUARY 1980 2- FEDERAL CONTACT LIST 3. COMMITTEE AND MEMBERSHIP LIST D. ENERGY FACILITIES IN THE CNMI E.. CNMI EXECUTIVE ORDER #15 F. CRMP REGULATIONS PROMULGATED 26 MARCH 1980 G. PROPOSED AMENDMENTS TO THE CRMP REGULATIONS H. MEMORANDA OF UNDERSTANDING I. EXERPTS FROM CNPII PUBLIC LAW 1-8 J. APC 14APS -K.. ADDITIONAL REFERENCES 166 I APPENDIX A TECHNICAL REPORTS APPENDIX A - TECHNICAL REPORTS Atlas of the Reefs and Beaches of Saipan, Tinian, Rota and Aguijan. L.G. Eldrege, R.H. Randall et Al, University of Guam Marine Lab 1979. CRM Technical Report #1. Beaches, Coastal Environments, and Alternative Sources of Fine Aggregate in the Northern Mariana Islands. D.B. Doan, H.G. Siegrist; 1979. CRM Technical Report #2. Bibliography of Coastal Planning Materials. Prepared by Coastal Resources Management Staff, PBAO, Office of the Governor, CNMI; 1979. CRM Technical Report #3. A Survey of the Fish Resources of the Saipan Lagoon. S.S. Amesbury, D.R. Lassuy, et Al; University of Guam Marine Lab, 1979. CRM Technical Report #4.' Improving Shallow Water Fisheries in the Northern Mariana Islands. R.E. Johannes 1979. CRM Technical Report #5. Methodology for Analysis.of Resource Significance. Prepared by CRM Staff, PBAo, Office of the Governor, CNMI 1979. CRM Technical Report #6. Natural Resources Study of the Northern Mariana Islands. Prepared by CRM Staff, PBAO, Office of the Governor, CNMI 1979. CRM Tech- nical Report V. Problems and Issues of the, Coastal Zone. Prepared by CRM Staff, PBAO, Office of the Governor, CNMI 1979. CRM Technical Report #8. A-1 APPENDIX B COMMONWEALTH OF THE NORTHERN MARIAM ISLANDS SEAPORT INFORMATION SHEET APPENDIX B COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS SEA PORT INFORMATION SAIPAN: - Commercial dock-L shaped .780' of berthing space. - Depth alongside dock-23' M.,L.W. - Two warehouses (50'xl2O' & 100'xl20') Butler-type - The entrance channel is marked with lighted buoys and non- lighted buoys. - There is no dock under construction at this date. - 300' width channel. - 1,500' length channel. - 29' depth channel. - Anchorage availability: inside harbor - Ferry service: M-Boat or Rescue Boat upon request. - Distance from anchorage: 1 mile to 2 miles offshore. - Water supply: alongside dock. - Pilotage: available. ' - Crane lift capability 50 Tons P&H Crane. - Dock elevation: 41 M.L.W. - Turn Basin: 1,5001 - Turning basin depth: 401 TINIAN: - Commercial dock-1,000' length. - Depth alongside dock-28' M.L.W. - No warehouse. - Channels are marked with can and nun buoys. - Dock new (re-build 1979). - 300' width channel. - 1,200' length channel. - 35' depth channel. - Anchorage availability: alongside dock. - Ferry service: None - Water supply : Alongside dock - Pilotage: available - Crane lift capability 25 Tons Bay City Crane. - Dock Elevation: 10' M.L.W. ROTA: - Commercial dock-100' length. - Depth alongside dock-20' M.L.W. - No warehouse. The entrance is marked beacons type. New dock under construction. 150' mouth entrance. 1,000' length channel. 201 16.5" depth channel B-1 - Anchorage availability: channel entrance & alongside dock. - Ferry service: M-Boat upon request. - Distance from anchorage: 3,500'. - Water supply: alongside dock. - Pilotage: Available - Crane lift capability 15 Tons Mobile. - Dock elevation: 5'7" M.S.L. B-2 APPENDIX C CONSULTATION/CORRESPONDENCE COORDINATION DATE SUBJECT January 9, 1978 First year grant awarded May 1978 Program coordinator hired May-June Orientation to Commonwealth Agencies June 20-24, 1978 Meetings with Rota, Tinian officials, orientation July 7-17, 1978 Meetings with Northern Island residents, orien- tation July 24-August 4, 1978 Meet with Guam CZM, University of Guam Officials, Corps of Engineers August 14-September 4, 1978 Meet with Federal Officials in Honolulu, San Francisco, Washington, DC September 25, 1978 Technical Advisory Committee September 29, 1978 NOAA General Counsel to Saipan September First Coastal Resources Management Newsletter October 30, 1978 Technical Advisory Committee October 13, 1978 Coastal Resources Management Newsletter published November 2, 1978 Technical Advisory Committee November 16,17, 1978 Tinian, Rota Workshop November 17, 1978 Coastal Resources Management Newsletter published December 1978 Meet with Federal officials in Guam, Honolulu, San Francisco and Washinaton.DC December 5, 6, 1978 Public Information Display December 8, 1978 CRM Newsletter published December 12, 1978 Island Cleanup Task Force Meeting January 1979 Public Draft Technical Reports January 1979 Meet with Corps of Engineers on Saipan February 4-7, 1979 Meet with National Park Service on Saipan February 6, 1979 Public Hearing - American Memorial Park February 16, 1979 CRM Newsletter Published March 2, 1979 CRM review by Federal Agencies March 15, 1979 CRM. Newsletter Published March 22-29, 1979 Meet with Northern Island residents April 1979 Second Year Grant Applica- tion, A-95 review April 9, 1979 Technical Advisory Committee Meeting April 13, 1979 CRM Newsletter Published April 22, 1979 CZM representative on Saipan April 24, 1979 Technical Advisory Committee Meeting May 1979 Draft leqislation circulated C-1 June 1979 NOAA General Counsel on island June 1979 Draft 306 and land and water use plan Document to Washing- ton June 22, 1979 CRM Newsletter published June 25, 1979 Travel to meet with federal officials in Guam, Honolulu, San Francisco and Washing- ton, DC July 18, 1979 Island Clean-up Task Force July 25, 1979 CRM Task Force Meeting August 1, 1979 CRM Task Force Meeting August 3, 1979 CR1,,1 Task Force Meeting August 9, 1979 CR14 Task Force Meeting August 10, 1979 CRM. Task Force Meeting August 23, 1979 CRM Task Force Meeting August 27, 1979 Susupe Flood Control Meeting August 30, 1979 CP14 Task Force Meeting August 22, 30, 1979 Northern Islands Field Trip September 6, 1979 CRM Task Force Meeting September 6, 1979 Susupe Flood Control Meeting September 7, 1979 Planning Review Committee September 7, 1979 Citizens Advisory Committee Meeting September 10, 1979 CRM. Task Force Meeting September 13, 1979 Susupe Flood Control Meeting September 14, 1979 CRM Newsletter Published September 21, 1979 Susupe Flood Control Meeting January 8, 1980 Policies Published in local newspapers January 15, 1980 Planning Review Committee January 18, 1980 Citizen Advisory Committee Meeting January 22, 1980 NOAA General Counsel, CZM reprsentatives on island February 1, 1980 Executive Order Signed February 8, 1980 Notice of Public Meeting Published February 15, 1980 Regulations Published Common- wealth Register February 15, 1980 Meet with Federal official, Honolulu February 15, 1980 306 submitted for CZM review March 11, 1980 Public hearing - Saipan March 12, 1980 Public hearing - Tinian March 13, 1980 Public hearing - Rota C-2 CORRESPONDENCE DATE' TO SUBJECT May 24, 1978 USGS Reston VA Mapping May 24, 1978 CZM, Honolulu Federal Contact List CZM Guam Mapping June 13, 1978 USCG, Honolulu Introduction June 20, 1978 All Commonwealth- Agencies Formation of Technical Advisory Committee Defense, Washington, DC Mapping June 23, 1978 Army COE, Honolulu Sand Resources June 30, 1978 Mayor, Rota Introduction Governor's Rep.- Tinian Introduction Mayor, Tinian Introduction July 19, 1978 Army COE, Honolulu Sand resources August 9, 1978 Army COE, Honolulu Sand resources September 6, 1978 Secretary of State, Introduction NY September 8, 1978 USGS, Menlo Park Literature September 8, 1978 USGS, Menlo Park Mapping September 8, 1978 Defense Mapping September 13, DOI, San Francisco Coordination Meeting 1978 September 27, 1978 USGS, Reston Volcanic geology October 16, 1978 OCZM Washington, DC Literature September 26, 1979 Susupe Flood Control Meeting September 27, 1979 CRM Task Force Meeting October 2, 1979 CRNA' Task Force Meeting October 3, 1979 Oilport Task Force Meeting October 4, 1979 White House Task Force Report Meeting October 11, 1979 CRM Task Force Meeting October 16, 1979 CRM Task Force Meeting October 18, 1979 CRM Task Force Meeting October 19, 1979 Citizens Advisory Committee Meeting October 19, 1979 C1ZM Newsletter published October 24, 1979 C-R.N1 Task Force Meeting October 29, 1979 Pacific Basin Development Conference November 5, 1979 Island Clean-Up Task Force Meeting November 7, 1979 Island Cleanup Task Force Meeting November 8, 1979 Planning Review Committee November 1979 Meet with Federal officials in Guam, Honolulu, Los Angeles, Washington, DC November 9, 1979 Meet with CNMI Education re: Curriculum November 9, 1979 Fisheries Task Force Meeting November 14, 1.979 CRM Task Force Meetinq C-3 November 211 1979 CRM Task Force November 26, 1979 Oilport Task Force November 28, 1979 Public Awareness Work shop - Tinian November 29, 1979 Public Awareness Rota December 5, 1979 CRM Task Force Meeting December 6, 1979 Oilport Task Force December 1979 Susupe Flood Control Meeting December 1979 Public Awareness Workshop Saipan December 10, 1979 American Memorial Park Task Force December 12, 1979 CRM. Task Force December 17, 1979 Fishery Task Force December 18, 1979 American Memorial Park December 1979 Fishery Task Force December 19, 1979 CZM Curreculum Development Meeting CRY, Task Force Meeting December 26, 1979 CRM Task Force December 27, 1979 Pacific Basin Development Conference January 3, 1980 CRM Newsletter Published January 4, 1980 Planning, Review Committee January 8, 1980 Policies Mailed for Federal Services C-4 October 24., 1978 Seagrant Washington, Literature D.C. November 15, 1978 Marine Mammal Con- Regulations serve, Washington, DC November 15, 1978 CNMI Representative, Legislation Washington, DC November 15, 1978 USGS, Reston Geology November 16, 1978 Army COE, Honolulu Flood plain management November 27, 1978 USGS Southern Eros December 11, 1978 Inergy Washington, NEP II DC December 20, 1978 NMFS Terminal Island Coordination December 29, 1978 CNMI Represent- Federal laws ative, Washington, DC January 8, 1979 Energy, Honolulu Literature January 9, 1979 CZM, Oregon Coordination January 12, 1979 OCZM, Washington National Interest January 15, 1979 Transportation, San Francisco Oil Pollution January 22,.1979 CNMI Representative, Washington, D.C. Federal Laws January 22, 1979 CZM, Guam Coordination February 15, 1979 NPS, San Francisco American Memorial Park February 20, 1979 OCZM, Washington Ports February 21, 1979 EPA, San Francisco Coordination February 21, 1979 Transportation,.San Francisco Coordination February 21, 1979 Army, COE, Honolulu Coordination February 21, 1979 DOI, San Francisco Coordination February 21, 1979 FWS, Honolulu Coordination February 22, 1979 Army COE, Guam Coordination February 22, 1979 USCG, Saipan' Coordination March 14, 1979 OCZM, Washington Marine Sanctuaries March 19, 1979 DOI, Sacramento Coordination March 19, 1979 All CNMI Students Abroad Introduction to CZM March 20, 1979 OCZM, Washington, DC Coordination .. March 26, 1979 USGS, Reston Submerged Lands April 20, 1979 OCZM, Washington, DC Marine Sanctuaries April 25, 19:79 To all Pacific Region Federal Contracts Policy Coordination May 2, 1979 CNMI Agencies Availability of Technical Reports May 17, 1979 NMFS, Honolulu Fishery Enforcement May 22, 1979 FWS, Honolulu Rare and Endangered Species June 4, 1979 OCZM, Washington, DC Draft 306 Transmittal C-5 June 5, 1979 USCG, Honolulu Coordination June 6, 1979 FWS, Honolulu Policy coordination June 6, 1979 Army COE, Guam Coordination June 14, 1979 OCZM, Washington, DC Policy coordination July 17, 1979 NMFS, Honolulu Coordination July 17, 1979 NMFS, Washington, DC Coordination July 30, 1979 DOI, Washington, DC Coordination August 9, 1979 NOAA, Washington, DC Environmental Data August 16, 1979 Governor of Guam Coordination August 17, 1979 CzM, California Coordination August 17, 1979 CZM, Alasica Coordination August 17, 1979 CZM, Guam Coordination August 17, 1979 CZM, Washington Coordination August 17, 1979 CZDI, Oregon Coordination August 17, 1979 CZM, Hawaii Coordination August 21, 1979 Army COE, Honolulu Flood Control August 22, 1979 HUD, Honolulu Coordination August 23, 1979 Army COE, Honolulu Coordination August 28, 1979 USDA, Honolulu Forestry/Policy September 5, 1979 FWS, Honolulu Coordination September 10, 1979 OCZM, Washington, DC Program coordination September 10, 1979 DOI, Washington, D.C. Lease Sale 46 September 12, 1979 USDA, Honolulu Coordination September 12, 1979 CZM, Hawaij-'- Coordination September 13, 1979 CZM, Guam Ports September 17, 1979 CZM, Alabama Coordination October 1, 1979 All CNMI Agencies Rota Harbor October 2, 1979 OCZM, Washington, DC CEIP October 12, 1979 NPS, Guam American Memorial Park October 24, 1979 Army COE, Honolulu Coordination October 25, 1979 HUD, Honolulu Coordination October 25, 1979 Army COE, Honolulu Coordination October 25, 1979 Army COE, Honolulu Coordination November 9, 1979 NPS, Guam Coordination November 9, 1979 Army COE, Honolulu Coordination November 15, 1979 Mayor of Rota Oil Port November 15, 1979 Mayor of Tinian Oil Port November 15, 1979 Mayor of Rota Public Meeting November 15, 1979 Mayor of Tinian Public Meeting November 20, 1979 FWS, Honolulu Coordination November 27, 1979 OCZM, Washington, DC Program Coordination December 18, 1979 Army COE, Honolulu Wetlands December 20, 1979 Seagrant, Honolulu CZM Curriculum December 20, 1979 Seagrant, Wash., DC CZM Curriculum December 21, 1979 FWS, Honolulu Anjota Island C-6 January 2, 1980 Subcommittee on Reauthorization Oceanography January 3, 1980 Subcommittee on National Parks & Insular Affairs Coordination January 8, 1980 OCZM, Washington, DC Program Coordination January 8, 1980 All Federal Contract Group Policy coordination January 11, 1980 Army COE, Honolulu Rota Harbor January 21, 1980 FWS, Honolulu Coordination January 21, 1980 Univ of Hawaii, Manoa Curriculum January 23, 1980 OCZM, Washington Mapping January 30, 1980 FWS, Honolulu , Endangered Species February 4, 1980 Army COE, Honolulu Rota Harbor February 12, 1980 Mayor of Rota Public Hearings February 12, 1980 Mayor of Tinian Public Hearings February 12, 1980 Mayor of Saipan Public Hearings C-7 FEDERAL CONTACT LIST Ms. Eileen Mulaney Mr. Bob Barrel Acting Pacific Regional Manager National Park Service office of Coastal Zone Management Federal Building 3300 White Haven Street Ala Moana Boulevard Washington, D.C. 20235 Honolulu, Hawaii 96850 Mr. Maurice Taylor Mr. Ben Jones Fish & Wildlife Service Water Resources Division Federal Building, Room 5302 U.S. Geological Survey 300 Ala Moana Boulevard Federal Building Honolulu, Hawaii 96850 Ala Moana Boulevard Honolulu, Hawaii 96850 Mr. Gerald V. Howard National Marine Fisheries Mr. Robert MacLanchlin Regional Director, Southwest U.S. Army Corps of Engineers Region Pacific ocean Division 300 South Ferry Street Building 230 Terminal Island, CA 90701 Fort Shafter, HI 96823 Mr. George E. Robinson Mr. Robert Cameron Acting Assistant Director Air Force Regional Civil U.S. Geological Survey Engineer . 345 Middlefield Road Western Region Menlo Park, CA 94025 630 Sansome Street San Francisco, CA 94111 Mr. Mike Killian, COM-14 Department of the Navy Mr. Frank Dayton Naval Facilities Engineering U.S. Army Corps of Engineers Command PDN Building Pacific Division Agana, Guam 96910 Pearl Harbor, HI Mr. Jim Maragos USDA Soil Conservation Environmental Section Service U.S. Army Corps of Encineers P.O. Box 50004 Pacific Ocean Division Honolulu, HI 96850 Bldg. 230, Fort Shafter Honolulu, HI 96858 Mr. Eugene Standley Regional Director, Region IX Mr. John Pullen Department of Energy (FEA) Maritime Administration ill Pine Street Department of Commerce San Francisco, CA 94111 @Office of Port & Intermodal DeveloDment Mr. John J. Naughton -450 Golden Gate Avenue Fishery Biologist .P.O. Box 36073 U.S. Department of Commerce San Francisco, CA 94102 NOAA/NMFS, Southwest Region c/o Honolulu Laboratory Mr. Jim Knochernaver P.O. Box 3830 Department of Health, Education Honolulu, HI 96812 & Welfare HEW Region 9 Mr. Norman Emerson San Francisco, CA Acting Regional Rep. of the Secretary Ms. Patricia Port Department of Transportation Pacific Southwest Planning 2 Embarcadero Center, Officer Suite 530 Department of Interior San Francisco, CA 94111 Box 36098, 450 Golden Gate Ave. San Francisco, CA 94102 Mr. Normal Lovelace Environmental Protection Mr. Mark Smith, EDA Agency Economic Development Administration Region 9 1700 West Lake Ave., North 215 Fremont Street Seattle, Washington 98109 San Francisco, CA 94105 Mr. Alin (Tim) Timberlake, 9 PG Mr. John R. Twiss, Jr. General Services Administration Executive Director GSA, 525 Market Street Marine Mammals Commission San Francisco, CA 94105 1625 1 Street, NW Washington, D.C. 20006 Capt. CR Gillett, Commander U.S. Coast Guard Mr. Samuel A. Bleicher Marianas Section HQ Director P.O. Box 76 office of ocean Management FPO, San Francisco 96637 NOAA/Department of Commerce Page Building 1 Dr. Allen Haile 3300 Whitehaven Street, NW Regional Rep. of the Secretary Washington, D.C. 20235 Department of Commerce Room 15023, Federal Building Mr. John S. McMunn, USDOI 450 Golden Gate Avenue Office of the Solicitor San Francisco, CA 94102 San Francisco Field Office Box 36064 .Honorable Edward DLG. Pangelinan 450 Golden Gate Avenue Representative to the United States San Francisco, CA 94102 1016 16th St. NW Suite 700 Washington, D.C. 20006 Area Manager Housing & Urban Development Area Office 300 Ala Moana Boulevard Honolulu, Hi 96850 Mrs. Ruth G. Van Cleve Director Office of Territorial Affairs U.S. Department of the Interior Office of the Secretary Washington, D.C. 20240 C-9 C011MITTEES AND MEMBERSHIP LIST Members of Island Clean-Uv Task Force 1. Mayor, Frank Diaz 2. Director, Department of Natural Resources (DNR) 3. Director, Department of Public Works (DPW) 4. Director, Department of Public Safety (DPS) 5. Director, Community and Cultural Affairs (CCA) 6. Director, Marianas Visitors Bureau (M-VB) 7. Director, Department of Education (DOE) 8. Coordinator, Coastal Zone Management (CZM) 9. Chief, Division of Environmental Quality (DEQ/Energy) Members of Oil Port Task Force 1. Planning and Budget Affairs Officer (PBAO) 2. Chief, Administrative Officer (CAO 3. President of the Senate, Northern Marianas Legislature 4. Speaker of the House, Northern Marianas Legislature 5. Attorney General (AG) 6. Director, Department of Commerce and Labor (DCL) 7. Director, Department of Natural Resources (DNR) 8. Director, Department of Finance 9. Y.1ayor of Saipan 10. Mayor of Tinian 11. Mayor of Rota 12. Mayor of the Northern Islands 13.. Chairman, Marianas Public Land Corporation (MPLC) 14. Energy and Environmental Officer 15. Coastal Resources Management Office (CZMO) 16. Executive Assistant for Carolinian Affairs Technical Advisory Committee (TAC) Members 1. Mr. Jose Ayuyu Commerce & Labor 2. Herman T. Guerrero Education 3. Frank Q. Guerrero Housing Authority 4. Jesus M. Elameto Education 5. Pete A. Tenorio Marianas Public Land Corporation (MPLC) 6. Vicente Songsong Division of Land Management 7. Vicente K. Pangelinan Port Control 8. Joaquin P. Villagomez Division of Marine Resources 9. J.M. Guerrero Marianas Visitors Bureau 10. Dennis Vander Tuig Historic Preservation Officer 11. Edward T. Dela Cruz Division of Agriculture 12.. George L. Chan Divisin of Environmental Quality 13. Juan m. Sablan Revenue Citizen Advisory Committee (CAC) Members 1. Mr. Alfonso S. Borja Tinian 2. Frank Diaz Mayor of Saipan 3. Elizabeth Saskura Rota 4. Ricardo Duenas Fishing 5,. Francisco Castro Agriculture .6. Lino 11. Olopai Carolinian 7. Jack Layne Chamber of Commerce 8. Antonio R. Sablan Marianas Public Land Corp. 9. David M. Sablan Tourism 10. Cali8tro Izuka Construction 11. Agnes McPhetres Private Sector 12. Frank Aldan Citizen Susupe Flood Control Task Force 1- Physical Planner, PBAO Director, Department of Natural Resources, Division of Marine Resources 3. Director, Department of Commerce and Labor 4. Director, Department of Public Works 5. Director, Mariana Islands Housing Authority 6. Administrator, Division of Environmental Quality/Energy 7. Office of the Attorney General ;8. Coordinator, Coastal Resources Management 9. Planner, Marianas Public Land Corporation 10. Commonwealth Historic Preservation Officer 11. Transportation Planning 12. Special Assistant, EDA 13. David Q. Maratita, Northern Marianas Legislature Fisheries Task Force 1. Coordinator, Coastal Resources Management 2. Executive Assistant for Carolinian Affairs 3. Assistant Attorney General 4. Director, Department of Natural Resources 5. Chief, Division of Marine Resources 6. Director, Department of Commerce and Labor 7. Chief, Economic Development Loan Fund (EDLF) 8. Marine Resources Specialist 9. Attorney, Natural Resources 10. Deputy Coordinator, Coastal Resources Management 11. Legal Service Attorney 12. Advisor to Planning & Budget Affairs Officer Coastal Resources Management Task Force 1. Director, Department of Public Works 2. Director, Department of Commerce and Labor 3. Director, Department of Natural Resources 4. Administrator, DEQ/Energy 5. Deputy Coordinator, Coastal Resources Management 6. Assistant Attorney General, CRM/DEQ 7. Public Land Corporation - Bill Concepcion 8. Chief, Physical Planner, PBAO 9. Transportation Planning 10. Leqislative Consultants - David Maratita 11. Legislative Consultant - David Sablan 12. Malcolm Stiles, Oceania Lines 13. Ben Concepcion, B.C. Dive Shop 14. Frank Chong, Disaster Control APPENDIX D ENERGY FACILITIES IN THE CNMI W 0-4 :w (n to M C6 0 0 cc CT% 0 w :3 Ln 0 %a Ln En -1 (A 19 rt a 0 w 40: 'lob 0 8 0 m z co P z 0 0 0 10 ft + to t7 C6 13. H V) ra 0 N 0 0 En m tn l< 0.- rr 0 ct 0 m m m m v w M 0 M v c 0 a 0 ft m m so 0 00 0 91 = C6 rt ct L< cn tj C6 w A cn l< a c m C: fu H. 0 1.- oz 00 a 13, to -4 w o " a 0. rr " n X x m rt m P. 0- (T ct .0- M 0 m ::I* sm ft 0 W M M M 0 0 m 0 0 m z 0 m " rt c 0 0 d t- M M M 9 9 a " oo cm = 10 4 rt 0 = lz .- " C, m .0 0 ". m 14 m .0 n rt c rA V 0 a- u r, ;u m 0 m @ro 0 C4 a0. 0 C: P.0 " 0 0 w C, r z 0 0 mw ;r rt @v rt 2, 0, 0, C@ tr v rt rt Q. En , , pl 0 4 m 01 M f+ .0 o .2 z '.. - " .. 1.- 9 , 0 , V mg 4 Z 0 0, to z 0 M. w 0 V 0 C: 0 0 " c w LA 'o 0 P. V tr m 00 m 10 :3 f." 0 (D cm 0 n m co @ w rt ct C) tu to to H CL) rir U) 0 0 N (D ',3 0 @l f-, T Cr ti fu (D F- " F-- p - ri, t-I (D 0 (D D) 1_1 a) F- rt, H 0 Fl- H- rt, to 0 Ct :J t7-' Fl- o rr 0 (D 0 @l 0 rr :v @A 0 l< n cu (D rt Fl- F_ ;.u (D ti Fl- 1-3 n PV o LQ r, QQ rt. () 0 H @A 0 0 (D U) F-- to (D 0 0 @l 0 > a) rt F- F- w rt rr w F'. P_ w t- P_ rt- f@ ri- @3 M 0 H. 1'. P_ rr :j ril 0 (D I%j Ul U, (1) (D t_4 I-- VI Nj 00 tQ M F@ - F@ Ul (D C:@ C> r1i CY) X@. CD 0 w Lrl C) n CD C) C> 0 C) (E) --CD C) @A C) C> CD 0 C) C> C:) 0 C) C> 0 C) r1i C) CD 0 C) Ul C@ > C) 0 CD 0 Cp C) 0 C:@ 1_*j C) @u 1 0 t3j F@ ,jj) 0 LQ LQ QQ co t-I @A @7 C> C) 0) w w ru C> F- F_ LO C) (7) C) t-4 N3 ri) zw 49= C) *u U@ @..) r1i L(I @l CL 0 @l OL Cj rl t-I H. H_ P. P. P, (D (D (D 0 0 CL) (D H_ (D 0 (D Q m (1) (n (f) cr, m fil ::; U) Ln V) ul H. F- Fl- Fl- (D (D Cv (D (D (D @l @L F-LJ F- F- F- rl r_ ri a) W i @A F@ F@ F- F- La m H- q rt (t > rt- r) r_ r) r) 0 (D Z :j Di 0 w 0 0 Ol 0 CL rl 0 . Q (n 0 0 w @:s to @:j () n U) a, CL w 0 fl) x r_ w 0 M (D 10 co ;Oql cu ;7v rt. t)r Fl- tT F-- to cn P- W (n En rt (D rr (D (D rt (D rt 0 rr :-j F- rt rr D) " P_ I H. H. r!t m 2) r_ w r) 0 0 Fl- 0 P- 0 ..1 (1) F- -:3 1-< C-) o F- q 0 Fl- 11 --1 :1 :3 :5 @l o 0 H m w w w ;71- M 0 F- 0 (n () ni rt F- rV H U. 0 C:) 0 0 0 N 0 0 w C) U) En r-i w 0 0 :3 n @41 21 " rr PV rT rt, vi w w C) rt Di -3 (t FJ- 0 i-j 0 1- (_) rt 51 ft rt FJ- m 0 1 ti (D C) (D CD P. M P- Fl- Fl- o @g :3 ;IJ @l o Q, o 0 :j 0 0 (D LO in (D LQ LQ LO TABLE 2: FUEL STORAGE FACILITIES IN THE COASTAL ZONE 1SLA-D LOCATION CAPACITY CONTENT COMMENTS Tl%*!,-*.N San Jose Village 34,000 gallon #2 diesel ResiOlential area power plant (2@ 17,000 ea) "Old power plant" 18,400 gallon #2 diesel Residential area (4@ 4600 ea) Coop Farm 500 gallon #2 diesel Inland location ROTA Power plant 8000 gallons #2 diesel Coastal location industrial area 15,000 gallons #2 diesel Coastal location (3@ 5,000 ea) industrial area 2500 gallons Gasoline Converted tanker truck coastal location industrial area Civic Center 1000 gallons v2 diesel Inland location tanker truck Mobil Tank N/A N/A Coastal location D-3 TABLE 3. POTENTIAL ENERGY FACILITIES ISLAND DESCRIPTION CAPACITY Rota Deepwater "VLCC" transshipment and Initially 50,000-75,000 BBL day. storage facility. Possibility of Possible expansion to 200,000 + refinery per day Ar., Maug Deepwater VLCC transshipment 75 tanks each holding 750,000 BBL Saipan Potential lease of submerged lands to Unknown at this time Marianas Oil Company for preliminary petroleum testing D-4 APPENDIX E EXECUTIVE ORDER #15 NOTE: SEE CHAPTER III FOR A COMPLETE DISCUSSION OF THE GOALS AND POLICIES ACCOMPANYING EXECUTIVE ORDER 15 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS EXECUTIVE ORDER OF THE GOVERNOR EXECUTIVE ORDER 0 15 WHEREAS, there exists within the Commonwealth growing pressure and demands on our limit ed, sensitive and precious coastal resources; WHEREAS, the Commonwealth's major economic and social stability lies in the areas of cultural integrity, tourism, fisheries, shipping, construction and agriculture, and there is a need to resolve conflicting demands on the coastal resources which must be shared equitably and managed for the benefit of all, including future generations; WHEREAS, there is a clear need to establish an efficient government mecha- nism to coordinate and wisely manage uses of the land and water resources of the coasts; WHEREAS, this year of 1980 has been proclaimed the National Year of the Coast; WHEREAS, there is a need to provide uniform coordination of federal activi- ties affecting the coastal zone and to ensure that such activities are consis- tent with a Commonwealth Coastal Zone Management (CZM) program; WHEREAS, there is a legitimate need to base governmental decision-making on scientific principles and data; WHEREAS, the Coastal Zone Management (CZM) planning grant award was the first Federal program accepted under my administration; WHEREAS, the Coastal Zone Management program development has been adminis- tered by the Commonwealth Coastal Resources Management (CR1.1) Office within the office of the Governor; WHEREAS, the policies which are trasmitted to me have been formulated with the widest opportunities for legislative executive and private sector input; WHEREAS, the Coastal Resources Management (CRM) Task Force has met conti- nually since July, 1979 to develop the Commonwealth policies for coastal re- sources; WHEREAS, there is funding and approval time limits in the Coastal Zone Management Act (CZMA), as amended, which presently do not allow for the timely enactment of legislative authority to implement the CRM program; WHEREAS, the authority to wisely regulate the development and use of Commonwealth resources has been established in the departmental duties and res- ponsibilities of Public Law 1-8; and therefore, this executive order does not constitute any change in existing law; WHEREAS, the authority to issue Executive Orders assuring the enforcement and implementation of laws passed by the legislature is established pursuant to Article III, Section 1 of the Commonwealth Constitution; NOW, THEREFORE, by virtue of the authority vested in me by the Constitu- tion and the Statutes of the Commonwealth of the Northern Mariana Islands, it is hereby ordered that the CZM program for the Commonwealth be known as the "Coastal Resources Management Program" (CRM) and is hereby implemented subject to the following: 1) The appended goals and policies shall be the goals and policies of the Commonwealth for the management and development of the Commonwealth's coastal land and water resources. All departments, agencies, offices, and instrumentalities of the Commonwealth government shall take action to incorporate these goals and policies into their programs and to conduct E-1 their activities in a manner consistent with these goals and policies. This specifically refers to any fiscal, budgetary or other economic acti- vity of, any regulatory activity of, and any provision of services by the Commonwealth government. These goals and policies shall hereafter be known as the "Commonwealth Policies" for coastal resource managment. 2) The CRM Office will coordinate the implementation of the CRM Policies by the Commonwealth aovernment and'shall continually review and monitor Commonwealth government activities for their consistency with the CRM Policies and shall regularly report to my office on its findings. After the CRM goals and policies become effective, any activity of the Commonwealth government which Violates or threatens to violate the pur- pose of CRM goals and policies will be reviewed by the Governor's office. Any necessary steps to assure compliance with the CRY policies will be taken as deemed appropriate. 3) upon the approval of the CRM Program by the United States Department of Commerce (USDOC), the CRM Office shall serve as the reviewing authority of the Commonwealth to ensure the coordination and consistency of Federal activities affecting the coastal resources of the Commonwealth with the CRM Policies. The CP14 Office will provide the consistency decision for any proposed activity which requires such review pursuant to Section 307 of the CZMA. The CRM Office shall establish the procedures for public notice and hear- ing, as required by Section 307 of the CZMA. The CRM Office shall be the single Commonwealth agency to administer all programs and receive all funding provided by the CZMA. 4) The boundaries of the CRM Program shall extend seaward to the extent of the "territorial waters" of the Commonwealth, as defined in 19 TTC 101(3) until termination of the Trusteeship, or to a maximum of the outer limits of the United States territorial sea, and shall further extend to all land areas of the Commonwealth, except for any excluded lands as de- fined by Section 304(l) of the CZMA. 5) The Departments of Natural Resources, Commerce and Labor, Public Works, and the Division of Environmental Quality on behalf of the Department of Public Health and Environmental Services (DPHES), and the office of Attor- ney General are hereby designated as the CRM regulatory agencies and are directed to promulgate and adopt regulations (under the existing authority of Public Law 1-8) which will establish the following Areas of Particular Concern (APC): 1. Port and Industrial APC 2. Lagoon and Reef APC 3. Shoreline Zone APC 4. Wetland and Mangrove APC and will further provide for the standards and priorities of uses within the named APC's, and will further provide for joint coastal permits and permit procedures, as well as standards for the creation of additional APCs. These regulations should also provide for standards and a permit @ 11 system under which major sitings within boundaries of the CRM Program can be identified and regulated so as to avoid direct and significant adverse impacts on coastal waters. It is further directed that the above departments include procedures and cri- teria within the regulat ions to be promulgated which will provide for the pos- sibility of variances from CRM Program standards. 6) A Coastal Advisory Council (CAC) is hereby established. It shall include the Directors of the Departments of Natural Resources, Commerce and Labor, and Public Works, the Attorney General, the Historic Preservation Officer of the Department of Community and Cultural Affairs, the Administrator of the Division of Environmental Quality of the Department of Public Health and Environmental Services, the Mayors of Saipan, Tinian, Rota, and the Northern Islands, the Planning and Budget Affairs Officer, the Marianas Public Land Corporation, re- presentatives of the Commonwealth Legislature House and Senate Committees for Resources and Development, a representative of the Commonwealth Chamber of Commerce, a representative of the Marianas Visitors Bureau, and the Coordinator of the Office of Coastal Resources Management. The Coordinator of the CRM Pro- gram shall be the Chairperson of the Coastal Advisory Council (CAC). The agen- ..cies and Mayors may provide for a designated representative to the CAC. If the CAC determines that additional membership is required, it shall transmit its recommendations to the Governor for review and appointment, if the Governor deems necessary. The CAC should meet at least once a month, and more often as necessary. The,meetings shall be open to the public and the opportunity for public participation shall be provided for. The CAC is established as an advisory body to the Departments and Agencies which will implement the CRM program and shall have no regulatory authority of its own. The CAC may provide for internal regulations which will govern its meetings. The CAC may advise on any change to the CRM program or its policies or upon the regulations promulgated to implement the CRM Program. The CAC may advise both on questions of competing uses which may hereafter be regulated by the CRM program, as well as advise on what may be identified as a major siting which may have a direct and significant adverse impact on coastal waters. The CAC may further advise the CRM regulatory agencies upon variances which the CAC believes should be considered. In the event of any dispute among the CRM regulatory agencies, the CAC may give an advisory written opinion, however, if the dispute among the CRM regulatory agencies remains unresolved, the Governor shall make a final decision to re- solve the dispute. 7) The implementation of this program shall be funded predominantly by the Fede- ral funding which will be available to the CRM office after USDOC approval. All government entities are directed to initiate preparations for the imple- mentation of their CRM program responsibilities. The CRM Office is directed to prepare a concise program document, clarifying the program, its functions and participants' responsibilities, incorporating all policies, authorities, interpretations and resource inventories, etc., which will be the guidelines for the CRM Program. /s/ CARLOS S. CAMACHO 2/1/80 Governor NOTE: SEE PART I CHAPTER 3 FOR REFERENCED GOALS AND POLICIES. APPENDIX F CRMP REGULATIONS PROMULGATED 26 MARCH 1980 I. AUTHORITIES The authority for these regulations is contained in Cha ters 3, 9, 12, 13, and 15 of Public Law 1-8, and in Executive Order No. 15. II. COVERAGE OF CHAPTER (a) This chapter contains standards to be used by Program agencies in carrying out their responsibilities under the Coastal Resource Management Program. (CRMP) (b) Nothing in this program displaces or diminishes the authority of any agency of the Commonwealth Government with respect to resources of the Commonwealth. Uses and activities conducted by agencies in the Commonwealth must be consistent with the program and the standards contained in this chapter. In authorizing coastal permits for proposed projects pursuant to their authority, each agency shall grant a coastal permit if, in addition to finding that the proposed pro- ject complies with the agency's statutes and regulations, the agency finds that the proposed project is consistent with the CRMP and the standards and priorities contained in this chapter. III. PUBLIC PARTICIPATION AND INFORMATIOU (a) The CRM Office will provide adequate, effective, and continuing opportuni- ties for public participation in the coastal management program. The CRM Office will give adequate notice regarding opportunities for public participation. (b) Th CRM Office will make available to the public and the agencies partici- pating in the CRMP information and educational materials concerning the Common- wealth's coastal resources and resources management, in a manner which assists the public and other affected parties in understanding the need for the CRMP and what is required of permit applicants. The CRM Office shall also prepare an annual report for the Governor on the CRMP, this report shall be a public document. (c) At public meetings concerning the CRMP when requested and reasonably neces- sary, translation into the appropriate vernacular shall be provided. IV. PROGRAM - GENERAL (a) The following Areas of Particular Concern (APC) are hereby created. The following agencies are the designated lead and participating agencies for each APC as hereafter listed. The APC's herein created are established as mapped upon the CRM Program Maps which are on file in the CRM Office and open to public inspection. (1) Lagoon and Reef APC A) The Department of Natural Resources DNR), is the lead agency for this APC. B) The Department of Public Health and Environmental Services,(Division of Environmental Quality DEQ), is the participating agency for this APC. (2) Wetlands and Mancrove APC (A) DNR is the lead agency for this APO (B) DEQ is the participating agency for this APC. (3) Shoreline Zone APC A) The Department of Commerce and Labor (DCL) is the lead agency for this APC. B) DNR and DEQ are the participating agencies for*this APC. (4) Port and Industrial APC A) DCL is the lead agency for this APC. B) The De-.)axtment of Public Works (DPW) and DEQ are the participating agencies for this APC. (b) MlaJor sitinlas outside APCIs shall have the DEQ as their lead agency and require the same permit procedure as is required for any developments in an K-FIC. The CRM Office shall determine on a case by case basis which other agencies, if any, should act as participating agencies in major siting permit decisions. (c) IMajor sitings anywhere in the CM shall require a valid coastal permit. (d) Upon the written request of any person, the program agencies with advice of the CRI,14 Office and the Coastal Advisory Council shall consider further desir'na- tions of APC's or the change in azry APC boundaries. A written decision on any request shall be issued within ninety (90) days through the CRM Office by the program agencies. V. STANIDARDS AND PRIORITIES FOR CONSIDEF-kTION OF COP3TAL PERKITS. (a) In an A.PC or for any proposed project which has been determined to be a major siting. (1) The lead a.-ency with the assistance of any participating or advisory agency shall, prior to any decision on any coastal permit, determine the impacts of existing uses and activities on coastal waters and shall dctermine whether the added impact of a proposed project would result in a significant and permanent degradation of coastal waters. (2) The lead ard any participating agency shall not grant a coastal per.-Lit for any proposed project which creates a significant degredation in the quality of coastal waters. (3) The proponent of the proposed project shall demonstrate that no feesibl-- and prudent alternative location is available for the proposed project prior to the issuance of the coastal permit. (4) Proposed projects shall be to the maximum extent practicable compattible with adjacent shoreland uses and designated land uses. -VI. AREAS OF PARTICULAR COITCERN STANDARD AND PRIORITIES The lead and any participating agency shall require one coastal permit for any proposed project within any APC. Prior to issuance of the coastal pe =,t for any APC the lead and any participating agenry shall evaluate the proposed pro- ject in te=.s of its compatability with the following policies and priorities. If there is more than one proposed project for a particular loc-ation in any APC and if all of those proposed projects would be eligible for a coastal permit, the.one propozed project which is deter=ined by the lead and any participating agency as the most compatable with the following priorities and policies for each APC shall be awarded the coastal permit. After this'evaluation the lead and participating agencies shall grant, deny or condition the permit for the proposal. F-2 (a) STANDARDS kTTD PRIORIMTES FOR THE LAGOON AND REEF APC (1) The CommonweAlth shall: A r@@f' -Pi clh= -d maric-1-11tLixe within prodlIctive renewable marine resource areas. B. Balance economic development with the conservation and management of living and non-living resources of the Lagoon and Reef APC. C. Where appropriate, designate underwater preservation areas for non-extrac- tive recreation purposes in areas representing the richness and diversity of the reef community. D. Prevent sienificant adverse impacts to reefs and co.rals. E. Investigate the historical and habitat values of war relics in the lagoon .and cause the.removal of relics which are considered hazardous debris rather than valuable habitat or histo-1-ic property. F. Use as a basis in its decisions the effects of proposed projects on the subsistence fishery. (b) USE PRIORITIES 1) The use priority categories for the Lagoons of Saipan, Tinian, and Rota shall be as follows: ,A) Highest (i) Conservation of open space, high water quality, historic and cultural resources. (ii) Public recreation uses, including structures enhancing access. (iii) Water dependent projects which are compatable with adjacent uses. (iv) Preservation of fish and wildlife habitat. (v) Sport and small scale taking of edible marine resources within sustainable levels. (vi) Activities related to the prevention of beach erosion. (vii) Piers and docks which are constructed with floating materials. (B) Moderate (i) commercial taking of edible marine resources within sustainable levels. (C) Lowest (i) Point source discharge of drainage water which will not result in a signi-'. @ficant permanent degredation in the water quality of the lagoon. (ii) Dredge and fill activity designed to prevent or mitigate adverse impacts for the purposes of constructing piers, launching facilities, infrastructures and boat harbors. (D) UnacceDtable (i) Discharge of untreated sewage, petroleum or other hazardous materials. (ii) Taking of aggregate materials not associated with permitted activities and uses (iiii Destruction of coralline reef matter not associated with permitted activi- ties and uzes. (iv) Dumping of trash, litter, garbage or other refuse into the lagoon or at a (v) Placement of fill not associated with permitted construction of piers, launching facilities, infrastructure and boat harbors. ^N 11 C.) kise P--r.-Lority Clatvcgoricz for M-snagaha Tsland. - Saipan sbAll be as follows: (A) Highest (i) The maintenance of the island as an unihabited place used only for cultural and recreational purposes. (ii) Improvements for the purpose of sanitation and navi'gation. (B) Lowest (i) - Commercial activity situated on the island unrelated to cultural and passive recreation pursuits. (C) Unacceptable (i) - Development, uses or activities which preclude or deter or are unrelated to the use of the island by residents of the Commonwealth for cultural or recreational purposes. (3) Use Priority Categories for Anjota Island - Rota shall be as follows: (A) Highest (i) - Continued maintenance of that part of the island known as Anjota Wild- life Preserve as a wildlife sanctuary. (B) UnacceDtable (i) - Expansion of the Port and Industrial section of Anjota Island which would encroach upon or have significant adverse impact.upon the wildlife preserve. (4) The Use Priority Categories for the Coral Reefs of Saipan, Tinie-n, and Rota shall be as follows: (A) Highest (i) Maintenance of highest levels of primary productivity. (ii) Creation of underwater preserves in pristine areas. (B) Moderate (i) Dredging of moderately productive corals and reefs associated with per- 0. - mitted uses and activities. (D) Unacce-ptable (i) Destruction of reef and corals not associated with permitted projects. (ii) Taking of corals for commercial fishery below su stainable levels. F-4 (b) Standards for permit issuance for the Wetland and Mansrove APC. (1) The Commonwealth shall: A. Manage wetlands and mangrove areas so as to assure adequate'water flow, nutrients, and oxygen levels and avoid adverse effects on natural drainage patterns, the destruction of important habitat, and the discharge of toxic substances; B. To the maximum extent practicable, preserve the integrity of the mangrove community through strict management, including vigorous enforcement of legal sanctions, of any activity or development which threatens the ecological process of the mangrove commun ity. C. Identify and maintain critical wetland habitat so as to increase the poten- tial for survival of known rare and endangered flora and fauna. D. Manage development and infrastructure in such a way as to preclude signifi- cant adverse impacts to the normal hydrological process' of wetlands and man- groves. E. To the maximum extent practicable, increase and maintain public land-hold- ins-s in and adjacent to the APC. F. Attempt to utilize wetland resources for appropriate agriculture, compatible recreation, public open space and similar uses which are managed so as not to 01 result in decreased productivity of the natural resources. G. Evaluate the capability of wetlands to withstand the impacts of development. (b) USE PRIORITIES (1) The use priority categories for the Wetlands and Mangrove APC shall be as follows: A) Highest (i) Preservation and enhancement of mangrove and wetlands area. (ii) Preservation of wildlife, primary productivity, conservation areas, historical properties in both mangrove and wetland areas. B) Moderate (i) Agriculture benefited by inundation and low density grazing in non-man- grove areas. (ii) Infrastructure corridors which are designed'to result in no direct signi- ficant impact to the normal hydrological processes of wetland and mangrove areas. :,C) Lowest (i) Development which is floodproof and designed to cause the least adverse environmental impacts to wetland regimes. D') Unacceptable (i) Land fills and dumping not as3ociated with flood control and utility corridors and other permitted activities and uses. - which would result in extensive sedimentation of wetland, (ii) Development :mangrove areas, and coastal waters. F-5 (i) Public recreational uses of beach areas, including structures enhancing access, and the creation of public shoreline parks. (ii) Compatible'water dependent development which cannot be reasonably accom- moda',ed in other locations. (iii) Traditional cultural and historic practices. (iv) Preservation of fish and wildlife habitat. (v) Preservation of natural open areas of high scenic beauty. (vi) Activities related to the prevention of beach erosion. B) Moderate (i) Agriculture (including aquaculture) of a scale enhanced,by or which C) 01 - requires conditions inherent in this APC. C) Lowest (i) Projects which result in growth or improvements to existing commercial ,non-recreational public and multi-unit residential uses. (ii) Uses in an area where existing historical land use has irreversibly com- mitted the area to uses compatible with the proposed use. (iii) Mining or other taking of sand, gravel, or other aggregate, and extraction of minera.1s, oil and gas, and other extractive uses. D) Unacce-Q-table (i) New commerical, industrial, non-recreational public, and residentia-1 structures which are not water dependent. (ii) Disposal of wastes, garbage, litter, refuse. (d) Standards for permit issuance for the Port and Industrial APC., (1) The Commonwealth shall: A. Use the Port and Industrial APC efficiently, and with the recognition that economic and social development of the Commonwealth is dependent on suitable port facilities. B. Plan for the wise use and re-development of the limited geographical area comprising the Port and Industrial APC. C. Assure that development in the Port and Industrical A-PC is done with respect for the Commonwealth's inherent natural beauty and the peoplels constitutionally protected right to a clean and healthy environment. D. Plan and implement improvements to infrastructure in the Port and Industrial APC. E. Direct its policies to provide for adequate resources for water dependent port and industrial uses. F. Not permit port and industrial projects which would result in significant adverse impacts, including cumulative, on coastal resources outside the Port and Industrial APC. G. Study the possible conflicts 'between the need for water resources for indus- trial projects- and the limited availability of coastal locations. H. Request early identification of m1litary land water use plans in the Common- wealth and plan for the potential exercise of Military Retention Area options affecting port resources. I. Plan for and locate, to the maximum extent practicable, petroleum based coastal energy facility siting within the Port and Industrial APC. (iii) Significant changes (ie grading) to natural land forms in areas adjacent -to Wetlands and mangroves which would result in hydrological/sedimvatational -damages.. (c) Standards for permit issuance for the Shoreline APC (1) The Commonwealth shall: A. Recognize and use as a basis in its shoreline development decisions the impact of onshore activities upon the productivity of and natural processes of coastal resources. B. Continue its planning process to reduce beach erosion. C. Strictly regulate the taking of beach sands, gravel, other aggregates, minerals,@ etc., for any purpose. D. Cause the removal of hazardous debris and litter from beaches and coastal -areas. E. Inzrease and maintain public land holdings along the shore for the purpose of-access and hazard mitigation through land trades with Marianas Public Land Corporation (I-eLC), land purchases, creation of easements and where no practi- cable alternative exists, through the constitutional authority of eminent domain. F. Attempt to alleviate the adverse effects on private property o'6mers as a result of government policies by negotiating on behalf of the affected private property owner free title land exchanges with MPLC. G. In addition to the consistency of the proposed project with the standards, set out above, the lead and participating agencies shall consider the following project specific criteria in its review of an application for a coastal pe=J`.-: (1) *Whether the proposed project is water dependent in nature. (ii) Whether the proposed project is predominately to facilitate or enh-ance coastal recreational, subsistence or cultural opportunities, (i.e., dockins -fishing, s-vimming, picnicking, uhts, navigation devices, etc.). (iii) I@Thether the existing land use including the existence of roadiways has -irreversibly committed the area to uses compatible to the proposed project, pro- vided that the proposed project would be constructed in a way to cause minlim=i adverse impact. (iv) Whether 'the proposed project is a single family dwelling in an existin'g, -residential area and would occur on private property,owned by the same owner as of the effective date of the program, of which all or a significant portion of which is located in the Shoreline Zone APC, and provided no reasonable alter- native is open to the property owner to trade land, relocate or sell to the government, if these conditions are met the proposed project may be permitted. (v) Whether the proposed project would be safely located on a rocky shoreline and would,not cause significant adverse impacts to wildlife or marine or scenic resources. (vi) Whether the proposed project is designed to eliminate or mitigaue shore- line erosion. (b) USE PRIORITIES (1) Use Priority Categories for the Shoreline APCs of Sai-Dan, Tinian and Rota are as follows: (A) -Highest F-7 J. Develop regular communication with Federal agencies and monitor federal port related opportunities and constraints which are applicable to the Commonwealth. K. investigate the concept of creating duty free zones, customs-free zones and a port authority, etc., to enhance economic development. (d) USE PRIORITIES (1) Use Priority Categories for'the Port and Industrial APC's in Saipan, Tinian and Rota are as follows: A) Highest (i) Water dependent Port and Industrial activities and uses. (ii) Conservation of coastal locations for water dependent uses. (iii) Industrial uses which are not water dependent but which would cause adverse impacts if situated outside the Port and Industrial APC, but which would not be sited directly on the shoreline of the APC, and would not preclude the opportunity for water dependent activities and uses. (iv) Development and maintenance of infrastructure to facilitate industrial and -vater dependent opportunities for Port and Industrial growth. (v) Redevelopment, Historic Preservation, and Restoration. B) Moderate (i) Aquaculture and mariculture which is compatible with Port and Industrial environmental constraints. C) Lowest (i) Recreational boating. (4-i) Clearing, grading, blastina which does not have long terms adverse effects on environmental quality, drainage patterns, or adjacent APC's. (iii) Industries and services which support water dependent industry and labor. D) Unacceptable (i) Lon--term storao-e of in transit hazardous materials in the Port and In- dustrial APC. (ii) Activities and uses which would place excessive pressure on existing facilities to the detriment of Commonwealth interests, plans and policies. kiii) Uses or activities which are acceptable in other APC's and which do no' enhance or are not reasonably necessary to permissable uses, activities and -priorities in the Port and Industrial APC. (iV) Non-Port and Industrial activities and-uses -which if permitted would result in conversion to other uses at the expense of Port and Industrial related growth, or would induce Port and Industrial related grow-th into other APC's or areas. (v) Uses and activities which would cause advers@e affect on other A-PCs, Ameri- can Memorial Park, Anjota Preserve, and historic properties, and other signifi- cant coastal resources. (e) Standards for the consideration and creation of additional APCs. F-8 VII. The Coastal Permit Process The CRMP creates'a permit process to manage any proposed projects which may directly and significantly affect the coastal resources of the Commonwealth. M 1he regulations in t1lis section contain the requirements and procedures for the granting, denial or, conditioning of coastal permits. a) Permit Process (1) A coastal permit is required prior to beginning any work on any proposed project to be located: (A) 'Wholly or partially or intermittanly in an APC, or (B) Anywhere in the Commonwealth outside any APC if, it is determined by the CITI Office, or by any lead or participating agency, that the project constitutes C> Q a major siting. (2) Section VII(a)(1) above is inapplicable, if the proposed project is speci- fically exempted by Section V11(c) or is to be located on federall,- excluded lands. (3) If a proposed project will be located in more than one APC, a coastal permit shall be required for each see-ment of the proposed project in each APC. At the written request of the proponent of the proposed project the lead agencies for each APC.in which the proposed project is to be located may consolidate the coas'Gal permit applications into one permit application for decision making CD purposes. Provided however, that any consolidation of permit applications shall not exempt any portion of a proposed project, which is located in its respective APC, from the applicable standards and priorities for each individual APC. Provided further, 'that any proposed project, which is located in more than one APC and extends into areas which are not APC's, may be determined.by the program agencies to constitute a major siting. (c) Exe=tions from Coasta.1-Pernit Reauirements: (1) The following types of projects may not have direct or significant impacts on coastal waters; hence, a coastal permit may not' be required, except as set forth in subsection VII(c)(2) and (3). Any relief from coastal permit require- ments does not exempt a project from any other Cor-ionwealth regulatory C> authority. A. A. proposed project situated completely outside of any APEC and which does not constitute a major siting. B. Agricultural activities on lands which have been used for such activities. C. Hunting, fishing, and trapping. D. The.preservation of scenic, historic, and scientific areas including wild- life preserves which do not require any development. E. Construction of single family dwellings, out buildings, and small neighbor- hood business outside of an APC. F. Any proposed project which, as determined by the CTU Office after consulta- tion with the relevant progrEmi agencies, does not appear to have a direct and significant impact on coastal waters. F-9 1) If any area meets the standards delineated in (e)(2) below, the program agencies may designate such an area as an APC, and promulgate standards and priori-ties for that area. 2) The program agencies shall consider whether the following represent areas requiring special management are: (A) Areas of unique, scarce, fragile or vulnerable natural habitat; unique or fragile, physical, figuration (as, for example, Saipan Lagoon); historical significance, cultural value or scenic importance (including resources on or determined to be eligible for the National Register of Historic Places.); (B) Areas of high natural productivity or essential habitat for living re- sources, including fish, wildlife, and endangered species and the various trophic levels in the food web critical to their well-being; (C) Areas of substantial recreational value and/or opportunity; (D) Areaswhere developments and facilities are dependent upon the utilization of, or access to, coastal waters; (E) Areas of unique hydrologic, geologic or topographic significance for industrial or commercial develoDment. or for dredge spoil disposal; (F) Areas or urban concentration where shoreline utilization and water uses are highly competitive; (G) Areas where, if development were permitted, it might be subject to signi- ficant, hazard due to storms, slides, floods, erosion, settlement, and salt water intrusion; (H) Areas needed to protect, maintain or replenish coastal lands or resources including coastal flood plains, aquifers and their recharge areas, estuaries, sand dunes, coral and other reefs, beaches, offshore sand depostis and mangrove stands; (I) Areas needed for the preservation or restoration of coastal resources due to the value of those resources for conservation, recreational, ecological or aesthetic values., (f) Standards for Determing Major Sitings. - A Major Siting nay be similar to and include: (1) 'Any project which requires a federal license, permit or other authorization from any regulatory agency of the U.S. Government. (2) Energy related facilities, wastewater treatment'. facilities, transportation facilities, pipelines, surface water control projects, harbor structures. (3) Sanitar-y land fills, dredge disposal sites, mining activities, quarries, basalt extraction. (4) Dredging and filling in marine fresh waters; discharge of wastewater sewerage, silt, dredged materials; shoreline modification, ocean dumping L> artifical reefs. (5) Those proposed projects with potential for significant adverse affects on: Submerged lands; groundwater recharge areas; historic, archaeological sites and properties; important cultural areas; designated conservation and pristine areas, or uninhabited islands; sparsely populated islands; mangroves, reefs, wetlands, beaches, and lakes. Areas of scientific interest; recreational areas; limestone, volcanic and cocos forest. (6) Major recreational developments; major urban developments. (7) Government buildings, highways, infrastructure development. (8) Those proposed projects which,' in the opinion of the program agencies, have the potential for causing a direct and significant impact on coastal waters. F-10 2. If any proposed project exempted by Subsection VII (CI)(1),above, will result in discharge into coastal waters, or significantly change existing water flow into coastal waters, then the project proponent shall notify the CRM office and provide such information regarding the proposed projects as may be required by the CRM Office in deciding whether the proposed project requires a coastal permit. 3. Should it be found that a particular proposed project exempted by Subsection VII(c)(1) above has or may have direct and significant impact on coastal waters, the CRM Office or any lead agency may conduct such investigation (s) as may be appropriate to ascertain the facts and may requre the person (s)conducting such proposed project to provide all of the necessaary information regarding the proposed project in order that a determination may be made as to whether the proposed project requires a coastal permit. (d) Permit Application Procedures and Requirements (1) A Standardized Coastal Permit Application shall be available at the Division of Land Management Office in Saipan, Tinian and Rota and at the CRM Office and each lead, participating, or advisory agency's office. The appli- cation shall require the necessary information to evaluate any proposed project in accordance with these regulations. (2) The CRM Office may establish a fee schedule on behalf of program agencies, in order to cover the costs of processing coastal permit applications. Any assigned fee must be paid prior to any certification for a completed applli- cation. (3) A performance bond or undertaking may be required by the lead agency for any proposed project as a condition to receiving an approved coastal permit. The amount of the bond shall be one hundred and ten percent (110%) of the infrastructure costs of the project. The entire bond or any undertaking or any portion thereof shall be forefeited as determined by the lead agency for failure -4 portion thereof shall be forefeited as determined by the lead agency for failure to comply with any applicable regulation except as permitted by avariance or other legal exception. The entire bond or any portion thereof shal be for- feited in the amount requred to complete the site preparation and infrastruc- ture features or restore the prject site should these tasks not be completed by the developer. (4) The lead and any participating agency shall together either approve, including any approval condition, or deny in whole or in part the application for the proposed project. (5) Any expansion or alteration of a proposed project, for which a coastal permit has been granted, which substantially changes the proposed project, shall require an amended coastal permit. Such amendment must be the suject of a new permit application. (6) If a proposed project requring or having a coastal permit is not completed or operations totally cease within the time period which may be prescribed on the permit, the coastal permit holder shall be required to restore the natural appearance and biological character of the land to its condition prior to the initiation of the proposed project. (7) Variances to such procedures and standards as outlined in these requlations may be jointly granted by the lead and any participating agency, after review by any program agency and the CRM Office, but only upon written findings that the applicant satisfies any of the criteria for which variances are granted. F-11 (8) I any project which requres a federal license or permit also requires a coastal permit, then, applications for both shoudl be filed simultaneously. A certification of consistency with the CRMP shall be filed with both applica- tions. Some of the federal licenses and permits which the CRM Office will review for consistency with the CRMP are attched as an appendix to these regulations. (9) Any application submitted to the Planning and Budget Affairs Office for any federal assistance program listed in the Catalog of Federal Domestic Assistance shall include a certification of consistency with the CRMP. If a coastal permit is required for a product of federal assistance, then, both applications should be made simultaneously. (10) A certification of consistency with the CRMP shall accompany any fiscal or budgetary submittal made to the Planning and Budget Affairs Office by any entigy of the Commonwealth Government for the purpose of including the submittal in the Commonwealth Budget. (e) Agency Review and Permit Decision: (l) Review Criteria. After an application for a coastal permit is cerfified as complete including a completed certification of consistency with the CRMP if requred, the lead agency and any participating agency, and the CRM Office shall review the application. The CRM Office shall ultimately be responsible for the consistency of any proposed project with the CRMP and for compliance with all of the requiredments fo the federal consistency regulations. The lead agency and any participating agency shall also review the proposed project for its consistency with the CRMP and consult with the Coastal Advisory Council where such advice may be of assistance. All of the advice of the Coastal Advisory Council shall be summarized in writing and attached as part of the permit application record. The lead agency shall with the assistance of the CRM Office try to resolve adverse comments by rpogram agencies prior to a decision on the permit applica- dispute the lead shall utilize the procedure set out in Section VII 9g) herein. The lead and any participating agency shall be the agencies to make the initial decision on the coastal permit application within their jurisdiction provided that any initial decision shall be transmitted to and officially issued by the CRM Office or its designee. (2) Review PEriod. (A) An applicant shall file its application for a coastal permit to the CRM Office or its designee. l With ten (10) working days the CRM Office shall trans- mit to the applicant an officially dated notice of receipt. Within forty five (45) days of the date of the official notice of receipt the CRM Office after consultation with the lead and any participating agency shall certify whether the application is complete. If the application is not certified complete the applicant shall be propltly notified of any deficiency by the CRM Office and review period cannot begin until receipt of the required information. The CRM Office shall aid the applicant in understanding any deficiencies and the ste[s necessary to complete the application. The date on which any application is certified as complete is the date from which the permit approval periods of subsection 2(B) herein shall run and the date by which the CRM Office shall transmit the certified complete coastal permit application to the relevant lead, participating and advisory agencies. F-12 (B) The lead and any participating agency shall transmit their joint written initial decision on the certified complete coastal permit application to the CRM Office so that a decision may be officially issued within ninety (90) days of certification and with one hundred and eighty (180) days of certification of any coastal permit application which involves any federal consistency certifica- tion by the CRM Office. If an initial decision does not issue within the prescribed time periods the coastal permit shall be deemed granted. Provided however, that either the ninety (90) or the one hundred eighty (180) day review period may be set aside by the lead agency or the CMM Office if the public interest would be harmed if no set aside occured; Provided further; that the reasons for such a set aside must be in writing and made a part of the record for the permit and that the decision to set aside may be appealed by the applic- cant as hereinafter provided. (C) Notwithstanding the length of the review periods in VII(e) (2)(A) and (B) above the program agencies shall promptly process any application for a coastal permit. (3) Public Notice. (A) Within fifteen days of the transmission of the officially dated notice of receipt to the applicant, the CRM Office shall publish public notice of the application for a coastal permit in a local newspaper serving the community. The notice shall Provide information on the nature of the proposed Project including its size, location, and type. All notices shall provide information, as to the procedure pursuant to which any person, including program agencies, may request a public hearing. If such a public hearing is requested, the CRM Office shall publish notice of the hearing no less than fifteen days prior to the hearing in a local newspaper serving the community to be affected. The CRM Office shall not certify any coastal permit application as complete for which a public hearing has been requested until a hearing has been held. The CRM Office Coordinator or his designee shall be the hearing officer. All oral or written testimony and evidence received shall be recorded, transcribed and made a part of the permit application record, and shall be considered in any decision upon a coastal permit application. (B) The CRM Office shall regularly publish in the Commonwealth Register the status of the permit applications that are under consideration by the CRMP. (4) Denials. If it is decided by the lead and any participating agency, to deny a coastal permit, the official decision of the CRM Office must set out the specific reason(s) for the denial. If the decision to deny a proposed project, which is the subject of an application for a federal license or permit or of a federal assistance project, is due to the proposed project's inconsistency with the CRMP, the official decision must set out the rea3on(s) why it is inconsis- tent. tent. (5) Conditional Approvals. If the decision is to conditionally approve the coast coastal permit, the official decision must set out the condition(s) and the specific reason(s) for each condition. However; A) Any coastal permit may be conditioned by the lead agency and any partici- pating agency, jointly or singularly by the CRM Office to require that the permit applicant obtain any necessary Commonwealth permit, entitilement or license prior to the permit becoming effective, and F-13 B) Any coastal permit may be conditioed by the lead agency to require a time certain for beginning and or completing the proposed project subject to the permit. (6) Variances. If an application for a coastal permit is denied or if the proponent of a project elects to request a variance from, the requirements of a coastal permit, the application for the variance must contain the reasons why a variance is sought and any data, information or documentation necessary to meet the standards for variances as contained in subsection VII(h). The written advice of program agencies and the advice of the Coastal Advisory Council shall be sought with respect to all variance applications. The advice of the Council shall be summarized in writing and attached to the variance application record. Any application for a variance shall be subject to the same procdural terms and conditions as is required for any application for a coastal permit. (f) Appeals. (1) Appeal to the Governor: Any person aggrieved by an official decision to grant deny or conditionally approve a coastal permit or to grant or deny a variance from a coastal permit may appeal directly to the Governor. A notice of appeal must be filed in writing and delivered to the Office of the Governor and the CRM Office within 30 days of the date of the decision to deny the permit. Such an appeal period maybe waived by the Governor for cause. The Governor may seek the advice of the Coastal Advisory Council,the CRM Office,the lead, or any participating agencies or the Office of the Attorney General. Any advice shall be summarized in writing and attached as part of the record of the case. Any person or program agency may seek an audience with the Governor for the hearing of the appeal. Following submission of all evidence the Govenor shall either issue the final administrative decision of the Commonwealth Government, or remand the appeal to the lead and/or particpating agency specifying issues in writing for further consideration. (2) Judicial Review: Any decision of the Governor regarding, a coastal permit may be ppealed to any court of competent jurisdiction. (g) Agency Disagreement over Variance or Permit Decision: If the CRM Office and the lead agency or any other agency of the Government of the Commonwealth participating in the permit application review process are unable to agree as to whether a coastal permit should issue, or whether a variance from the requirements of consistency with the CRMP should be granted, the agencies unable to reach an agreement shall meet with the Coastal Advisory Council. The Council shall consider the subject of the disagreement and shall attempt to mediate the issue. The Council may offer any advise it deems appro- priate. Any advice offered by the Council shall be summarized in writing and shall be attached as part of the coastal permit application record. If, after meeting with the Coastal Advisory Council, the agencies remain deadlock the matter will be presented to the Governor by the heads of the deadlocked agencies wealth Government. Judicial review of the decision of the Governor is available F-14 to an aggrieved person as set out in subsection VII(f), above. Any dispute subject to this subsection shall constitute an adequate issue in the public interest to suspend any procedural time table specified herein until resolution of the dispute. (h) Standards for Granting Variances from the Requirements of a Coast Permit. (1) If a proposed project can be demonstrated to have a paramount concern in terms of the public, regional, or national interest. (2) If there is a need to provide emergency repairs as a result of catostrophic events. (3) If program agencies promulgate additional regulations in order to provide for further variances. (4) If any proposed project initiated pursuant to a variance would to the satisfaction of all program agencies mitigate any direct and significant impact on coastal waters. VIII. Compliance and Enforcement (a) General 1. The provisions of this Chapter shall be cumulative and not exclusive and shall be in addition to any other remedies available at law or in equity. (b) Enforcement 1. Any person may maintain an action for declaratory or for other equitable relief to restrain any violation of these regulations. On a prima facie shoving of a violation of these regulations, preliminary equitable relief shall be issued to restrain further violation. No bond shall be required for an action under this subsection. 2. Any person may maintain an action to compel the performance of the duties specifically imposed upon the CRM Office, or the lead agency, or any program agency by these regulations; provided, however, that no such action shall be brought prior to, thirty days after written notice has been given to the CRM Office, the lead agency, or such program. agency by the complainant, specifying the duties whi ch the complainant alleges have not been performed. No bond shall be required for an action under this subsection. 3. The CRM Office and the lead agency shall regularly monitor a permittee's compliance with the terms and conditions of its coastal permit. 4. Any program agency shall have the power to enter at reasonable times upon any lands or waters of the Commonwealth which are subject to an application or have received a coastal permit. The permit applicant or permitee shall permit such entry for the purpose of evaluating the coastal resources subject to a permit application or for inspecting and ascertaining compliance with the terms and conditions of an issued coastal permit, and allow access to such records as the CRM Office and the lead agency may require the permittee to maintain, pursuant to these regulations. Such records may be examined and copies shall be submitted to the CRM Office or lead aqency upon request. 5. Violation of any term or condition of any coastal permit issued or approved pursuant to these regulations shall be grounds for the revocation or the suspen- sion of a coastal permit. F-15 6. When the CRM Office or lead agency has reason to believe that any person, has undertaken, or is threatening to undertake, any activity that may require a coastal premits, or that may be inconsistent with any coastal permit previously issued, the CRM' Office or lead agency may issue a written order directing such person to cease and desist. The cease and desist order shall state the reasons for the CRM Office's or lead agency's decision and may be subject to such terms and conditions as the CRM Office or lead agency deems is necessary to insure compliance with the provisions of these regulations, including without limita- tion, immediate removal of any fill or other material, suspension of the coastal permit, or setting of a schedule within which steps must be taken to obtain a coastal permit pursuant to these regulations. This order shall be served by certified mail or hand delivery upon the person being charged with the actua1 or threatened violation of these regulations. The decision to issue such an order may be appealed to the Governor pursuant, to subsection VII(f) of these regulations and shall thereafter be subject to judicial review pursuant to subsection VII(f) of these regulation if the petitioner is aggrieved by the decision of the Governor. T. In addition to any other remedy provided herein or at law or in equity, the Attorney General, the CRM Office or the lead agency may institute a civil action in the Court of the appropriate jurisdiction. Such an action may revocation of the permit issued hereunder, or an order to prevent any person from violating the provisions of these regulations, including an action to enforce any cease and desist order or any of these regulations. IX. Penalties (a) Any person who violates any provision of these regulations, or any order issued hereunder, shall be subject to a civil fine not to exceed ten thousand ($10,000) dollars. (b) In addition to any other penalties provided by law, any person who inten- tionally and knowingly initiates a project in violation of these regulations shall be subject to a civil fine of not less than twenty five dollars nor more than ten thousand dollars per day for each day during which such a violation occurs. (c) In addition to the foregoing and in order to deter further violations of the provisions of these regulations, of any permit or permit condition or of any cease and desist order, the Attorney General, the CRM Office, or the lead agency may maintain an action for examplary damages, the amount of which is left to the discretion of the Court, against any person who has intentionally and knowingly violates any provisions of these regulations. (d) Any civil penalties permitted herein shall be assessed by the appropriate court; provided, however, that the program agencies may promulgate rules and regulations establishing an alternative procedure for the administrative assess- ment of civil penalties. (e) Any person who knowly makes a false statemtn, representation, or certifi- cation in any application for a coastal permit, or in any record, plan, or other document filed or required to be maintained under these regulations, or by any permit or order issued pursuant to these regulations; or who falsifies, tampers with or knowingly renders inaccurate any monetary device or method required to be maintained pursuant to these regulations or any permit or order issued pursuant to these rregulations shall be subject to permit revocation or suspen- sion or subject to a civil fine of not less than twenty five dollars or more than ten thousand dollar for each violation. (f) All fines and fees collected under the provisions of this subsection (c) shall be deposited into the treasury of the Commonwealth F-16 X. DEFINITIONS a. Advisory Agency: is any regulatory agency which may provide information and b. Aquaculture or Mariculture Facility: a facility for the culture or commer- cial production of aquatic plants or animals for research or food production, sales or distribution. c. Areas of Particular Concern (APC): any delineated geographic area within the coastal zone which may be subJect to special managment within the criteria, as established in subsection VI(e)(2) herein. APC's may include any area to be- designated for restoration or preservation. d. Beach; an accumulation of unconsolidated deposits along the shore with their seaward boundary being at the low-tide or reef flat platform level and extending in a landward direction to the strand vegetation or first change,in physiographic relief to topographic shoreline. e. Coastal Lands: All lands and the resources thereon and herein located within the boundaries of the Coastal Resources Management Program. f.Coastal resources: all coastal lands and waters and the resources thereon and herein located within the boundaries of the Coastal Rescources Management Program. g.Coastal Waters: all waters and the submerged lands under and the marine re- sources located within the boundaries of the Coastal Resources Management Tilt Program. h. Coastal Resources Manegement Program Boundaries: the coastal waters (in- cluding; the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder) , strongly influence by each other and in proximity to the shoreline and further including islands, transition, and intertidal area:, salt marshes, wetlands and beaches, which boundaries tends seaward to the extent of the territorial waters of the Commonwealth, as defined in 19 TTC 101 until ternmination of the Trusteeship , or to a maximum of the outer limits of the U.S. territorial sea. The Coastal Resources Management boundaries extended inland from the shoreline to include the total land area of the Commonwealth in order to control any project which has a direct and signi- ficant impact on coastal waters. i. Coral: means the calcareous skeletons secreted in or by the tissues of various marine coelenterates, including all varieties of coral, corraline structures, and precious type corals. j. Coral reef: means a reef formed by the gradual deposition of coral tons. k. Develment: means the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermial waste; grading, removing, dredging, mining, or ex- traction of any materials, change in the density or intensity of use of land, including, but not limited to, subdivision of land and any other division of land including, lot parcelling; change in the intensity of use of water, ecology related thereto, or of access thereto; construction or reconstruction, tion, or alteration of the size of any structure, including any facility of any private, public, or municipal government or utility, and the removal of signi- ficant vegetation. 1. Direct and Singificant Impact: means that impact which is causally related or derives as a consequence of a proposed project, use, development, activity or structure in the coastal zone of the Commonwealth which contributes to a material all change of alteration in the natural or social characteristics of any part of thee Commonwealth's coastal zone. F-17 m. Endangered or Threatened Wildlife: Species of plants and animals: 1) de- termined to be pf such limited numbers as to be in immediate danger of extinc- tion or reduction to a critically low popolation level in and around the Common- wealth of the Northern Mariana Islands,if faced with continuedd taking or reduction, or alteration of habitat; or 2) so designated by the U.S. Department of Interior's Fish and Wildlife Service on the latest list of "Endangered and Threatened Wildlife and Plants" (50 CFR Part 17). n. Feasible: means capable of being done, executed, or affected. o. Federally Excluded Lands: those federal lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federa; government, its officers or agents. p. Hazardous Material: means a material or combination of materials which because of its quantity, concentration, physio-chemical or infectious nature may: a) cause or contribute to an increase in Mortality or an increase in serious illness; b) pose a potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed. q. Impact: is any Modification in an element of the environment, including modifications as to quality, quantity, aesthetics, or human or natural use thereof. r. Infrastructure: means those structures, support systems, and appurtenances necessary to provide the public with such uttilites as are required for economic development, including but not limited to systems providing water, sewerage, transportation, and energy. s. Lead Agency: is the agency with the primary regulatory, authority to issue a coastal permit in a specifically designated geographical area of the coastal zone. t. Licensing: includes the agency process respecting the grant denial, revocation, suspension, annulment, withdrawal, limitation, amentment, modifica- tion or conditioning of a license. u. Major Sitting: those projects which have the potential to directly and significatly impact in any adverse manner the coastal waters of Common- wealth. v. Management program: includes but is not limited to a comprehensive state- ment in words, maps, illustrations, or other media or communication, prepared and adopted by the Commonwealth, setting forth objectives, policies, priorities, and standards to guide public and private uses of land and water in the coastal zone . Marine Resources: those resources found in the coastal waters of the Commonwealth such as fish, dissolved minerals, all aquatic biota and other resources. X. Participating Agency: is any agency having supplemental authority with regard to the issuance coastal permits in specifically designated areas of the coastal zone. y. Person: means the government of the United States of America or any of its agencies, departments thereof or the government of the Commonwealth or any agency, department or institution or any municipality; a public or private institution; a public or private corporation, partnership, Joint venture, association, trust, firm, or any company organized or existing under the laws of the Commonwealth or any state or country; or any lessee or other occupant of property, or individual, acting singly or as a group. z. Practicable: means that which may be done, practiced, or accomplished; that which is performable possible. F-18 (aa) Program Agency: is the CRM Office or any one of the several regulatory agencies which have promulgated the Coastal Resources Management Program re- gulations and shall be. from time to time a lead or participating agency, as designated by the regulations and, when not so designated shall be considered an advisor agency. (bb) Project: means any structure, use, development, or any other activity within the boundaries of the Commonwealth Coastal Resources Management Program. (cc) Prudent: means that which is wise or judicious, or well thought out or beign possible or that which has been well considered. (dd) Resources: means any natural advantages or products including, but not; limited to all biota, mineral, scenic, aesthetic, cultural and historical resources located within the Commonwealth of the Northern Mariana Islands. (ee) Water-dependent Use: waterfront location is necessary for its physical function - such as handling goods and services for transporation on water (i.e., port facilities). (ff) Water-related Use: requiring water or water itself as a resource, but does not require a waterfront location. Includes most industries requiring cooling water, or industries that received raw material via navigable waters for manufacture or processing. (gg) Water-oriented Use: facing the shoreline or water, but not requiring a location on the waterfront or shoreline (i.e., restaurants, hotels, condominiums, apartments). There must be adecuate setbacks. (ee) Wetland: those areas that are inundated by surface or ground water with a frequency sufficient to support, and under normal circumstances would support a prevalence of vegetative or aquatic life that requires saturated or season saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, mangroves, lakes, natural ponds, surface springs, streams, estuaries, and similar such areas. XI. Effective Date The regulations are effective thirty (30) days from their publication in the Commonwealth Register, provided however, that the requirement for a coastal permit for any proposed project may be waived by the lead and any participating agency for a period of time not to extend beyond October 1, 1980. XII. Internal Procedural Regulations The CRM Office in order to aid in the coordination of the requirements of these regulations may promulgate internal procedural regulations to govern any admin- istrative processing and handling of any consistency certification action or coastal permit or variance application action. F-19 APPENDIX G PROPOSED AMENDMENTS TO THE CRIMP REGULATIONS The CRMP regulations were promulgated and adopted on March 26, 1980. Comments received during the review period and comments which will be received as a result of this DEIS will be addressed by promulgating revised regulations in July 1980. The following are substantive changes which will be made when the revised regu- lation are promulgated in July. Insert #1 See VI(e) Standards for Creation of Additional APC's (1) Any person or program agency may nominate any area within the Commonwealth as an APC or propose changes in any APC boundary. All nominations and proposals should be presented in writing to the CRM and shall include documentation supporting the APC desig- nation or boundary change. The documentation should be based on the standards set out in subparagraph (e)(2) below, but may include any other information pertinent to the area nominated or proposed boundary change. Within 15 days of submission of a nomination or proposed boun- dary change the CRM shall circulate it to all other program agen- cies and the Coastal Advisory Council with a recommendation of lead and participating agencies for the area should it be designated as an APC. The CRM shall, within that same period, publish notice of the nomination, or proposed boundary change describing the area involved, in the Commonwealth Register and the newspaper of widest circulation in the Commonwealth and shall receive public comment for a period of 30 days. Such notice shall also be mailed to the regional representatives of all relevant federal agencies. Within 30 days after the closure of the comment period, the CRM regulatory agencies, other than the office of the Attorney General, shall con- sider the comments received and shall reach a decision on the G-1 proposed boundary change, or on the nomination and on the CRM re- commendation for lead and participating agencies. Designation of the area as an APC shall be effected by agree- ment of the lead and participating agencies recommended by the CRM or agreement of any three CRM regulatory agencies. Where three regulatory agencies have voted to designate the area as an APC and the objecting fourth agency is either the recommended lead or participating agency, one of the two regulatory agencies not recom- mended as lead or participating agency may agree to serve as parti- cipating agency with the remaining recommended agency must ag4,ee to serve as lead agency for the APC without a participating agency in order for the APC to be designated. Insert #2 See VI(f) Standards for Determining Major Sitings (2) In planning for and managing uses outside of the APC's which by definition constitute major sitings, the Commonwealth shall apply the following standards in addition to the general standards set out in Section V(a): I (A) Site development so as to ensure compatibility with existing and projected uses. (B) Give priority to locations with pre-existing infras- tructure or which require a minimum of site prepara- tion, for example, removal of natural ground cover and grading. (C) Perform site-suitability assessments designed to iden- tify fragile fish and wildlife habitats or areas parti- cularly sensitive to use-related activities. (D) Determine the ability of the site to support the proposed activity without causing adverse primary, secondary or cumulative environmental impacts. (E) Consider the effects both on and off-site that might re- sult from the proposed activity. G-2 (F) Avoid siting decisions that irretrievably commit limi- ted resources to consumptive use or that which unreason- ably restrict the range of future development options. (G) Where possible, consolidate development or consider the possibility of concurrent or joint use. (H) Locate development so as to minimize adverse environmen- tal consequences. (I) Consider the availability of mitigation techniques to re- duce the adverse impacts of proposed developments to coastal resources. (J) Avoid siting decisions which may result in impacts that are inconsistent with the policies of the CRMPI other Commonwealth policies and applicable federal air and water standards. (K) Consider siting alternatives that promote the Common- wealth's goals w/respect to cultural-historic values. G-3 APPENDIX H MEMORANDA-OF UNDERSTANDING BETWEEN THE DIVISION OF ENVIRONMENTAL QUALITYj DEPARTMENT OF NATURAL RESOURCESi MARIANAS PUBLIC LAND CORPORATION AND THE COASTAL RESOURCES MANAGEMENT OFFICE. 01 0 Commonluealtb of the Portbern fflariana 151anbg FOR OFFICIAL USE 0 Office of the iffiobernor CABLE ADDRESS GOV. NK SAIPAN Oaipan,Aariana klanbz 96950 REPLY TO: DEPT. or ACTIVITY MEMORANDUM OF UNDERSTANDING The Coastal Resources management Office (CRM) and the Division of Environmental Quality (DEQ) of the Department of PuFfIc -Health and Environmental Services in order to advance their common objec- tive of implementing a Coastal Resources Management Program which provides for the wise management of projects in the Commonwealth which have-the potential to directly and significantly impact coasta1waters hereby enter into this memorandum of understanding. 1) Nothing in this memorandum shall be construed in any way so as to displace or diminish the authority or legislative man- date of the Department of Public Health and Environmental Services, Division of Environmental Quality. 2) As a participant in the Coastal Resources Management Program, DEQ will conduct its activities in a manner consistent with -the Commonwealth goals and policies for coastal resources management as delineated in Executive Order 15 and the CRMP regulations. 3) The DEQ in its role as a program agency shall grant, condition, or deny coastal permit applications in a manner which is timely, professional, and fully in accordance with the policies, standards, priorities,authorities and intent of the CRMP and the Coastal Zone Management Act of 1972, as amended. Permit decisions shall be based on findings of fact, after full consideration of the written comments of program agencies, the Coastal Advisory Council, and the public. 4) The DEQ and CRMO, agree to coordinate the uniform issuance, conditioning, or denial of earth moving permits and coastal permits, and any water or air quality permitting programs. 5) The DEQ and CRMO agree to carry out their responsibilities in a cooperative and affirmative manner and to abide by the conflict resolution procedures of the CRMP in the event serious inter-agency disagreement arises over permit decisions, var- iancest exemptions, or other aspects of the CRMP. 6) DEQ will designate a staff member who along with his regular duties will act as Coastal Coordinator. The primary respon- sibility of the Coastal Coordinator in the DEQ shall be to serve as a liaison between DEQ and the CRMO and other program agencies and to be wholly and primarily responsible for all aspects of the CRMP which are related to the DEQ. H-1 7) The Coastal Coordinator shall be administratively located in, and under the routine supervision of the Office of the Admi- nistrator of DEQ. 8) It is further agreed by CRMO and DEQ that inkind assistance shall be provided in matters which are of interest to both parties such as open access to information, technical assis- tance, advisory councils, research, policy development, legis- lation, and rulemaking. 9) This memorandum may not be terminated before the end of the first full year under 306 funding but may be altered upon the mutual agreement of both parties. In the event that the CRMP is not approved by the Federal OCZM or if sufficient funding is not available to accomplish the intent of this memorandum then this memorandum is void. 10) This memorandum is signed by-persons authorized to represent CRMO and DEQ. Dated this day of -1980 in Saipan, CNMI. CRM Coordir@ator A @str@e@o@, D E@ Q Aj@pr,6,(@e-a as to form Office of the Attorney General H-2 0 0 ComnionWcattlj of the Portbern glariana J%Ianbg FOR OFFICIAL USE CABLE ADDRESS Office Of the Oobernor GOV. NNII SAIPAN REPLY TO: 96950 DEPT. or ACTIVITY MEMORANDUM OF UNDERSTANDING The Coastal Resources Management Office (CRM) and the Depart- ment of Natural Resources (,,DNR) in order to advance their common- objective of implementing a Coastal Resources Management Program which provides for the wise management of projects in the Common- wealth which have the potential to directly and significantly im- pact coastal waters hereby enter into this memorandum of understan- ding. 1) Nothing in this memorandum shall be construed in any way so as to displace or diminish the constitutional authority or legis- lative mandate of the DNR. 2) As a participant in the Coastal Resources Management Program, DNR agrees to fully carry out its responsibilities under the CRMP and to conduct its activities, including submerged land leases in a manner consistent with the Commonwealth goals and policies for coastal resources management as delineated in Exe- cutive Order 15 and the CRMP Regulations. 3) The DNR in its role as a lead or participating agency shall grant, condition, or deny coastal permit applications in a manner which is timely, non-arbitrary, non-capricious, and fully in accordance with the policies, standards, priorities, authori- ties, and intent of the CRMP and the Coastal Zone Management Act of 1972, as amended. Permit decisions shall be based on findings of fact, after full consideration of the written comments of pro- gram agencies, the Coastal Advisory Council, and the public. 4) The DNR agrees to carry out its responsibilities in a coopera- tive and affirmative manner and to abide by the conflict reso- lution procedures of the CRMP in the event serious inter-agency disagreement arises over permit decisions, variances, exemptions or other aspects of the CRMP. 5) In return for the aforementioned aspects of DNR's participation in the CRM program, the CRMO agrees to fund a Coastal Coordina- tor position in the DNR and to provide for any reasonable ex- pense associated with that individual's primary responsibilities. 6) The CRMO further agrees to provide funding or personnel at a level necessary to carry out the permit processing system which utilizes the Division of Land Management facilities in Saipan, Tinian, and Rota and to provide available technical and finan- cial assistance to assist the DNR in carrying out its responsi- bilities for Marine and aquatic resources, submerged land, aquaculture, mariculture and other responsibilities related to Coastal Resources Management interests. H-3 7) It is mutually agreed by the CRMO and the DNR that the Coastal Coordinator shall be employed with the advice and consent of the CRMO and the Director of the DNR. The duty of the Coastal Coordinator in the DNR shall be to serve as a liaison between DNR and the CRMO and other program agencies and to be wholly and primarily responsible for all aspects of the CRMP which are related to the DNR. 8) The Coastal Coordinator shall be administratively located in, and under the routine supervision of the office of the Direc- tor of DNR, but shall be under the policy supervision of the CRMO. 9) Additional duties may be assigned to the Coastal Coordinator related to the Departments responsibilities for Natural Resour- ces Management provided the Coastal Coordinator's time shall be available to adequately conduct the primary responsibilities of the CRMP. 10) It is further agreed by CRMO and DNR that inkind assistance shall be provided in matters which are of interest to both parties such as open access to information, technical assis- tance, advisory councils, research, policy development, legis- lation, and rulemaking. 11) This memorandum may not be terminated before the end of the first full year under 306 funding but may be altered upon the mutual agreement of both parties. In the event that the CRMP is not approved by the Federal OCZM or if sufficient funding is not available to accomplish the intent of this memorandum than this memorandum is void. 12) This memorandum is signed by persons authorized to represent CRMO and DNR. Dated this day of 1980 in Saipan, CNMI. CRM Coordinator -recto R r ADO-216106T,-tis to form Office of the Attorney Cereral H-4 Commonbitaltb of the Portbern Alariana Nlanb5 FOR OFFICIAL USE 0 CABLE ADDRESS Of f ire of the (bobernor GOV. NNII SAIPAN 6aipan,;fflariana ltlanbt 96950 REPL Y TO: DEPT. or ACTIVITY MEMORANDUM OF UNDERSTANDING The Coastal Resources Management Office (_CRM) and the Marianas Public Land Corporation (MPLC) in order to advance their common objective of Im-plementing a Coastal Resources management Program which provides for the wise management of projects in the Commonwealth which have the potential to directly and significantly impact coastal waters hereby enter into this memorandum of understanding. 1) The management and disposition of public lands except submerged lands off the coast of the Commonwealth shall be the responsibi- lity of the.Marianas Public Land Corporation.. It is the respon- sibility of the MPLC to adopt a comprehensive land use plan for public lands including priority of uses. 2) As a participant in the Coastal Resources-Management Program, MPLC agrees to conduct its activities in a manner consistent with the Commonwealth goals and policies for coastal resources management as delineated in Executive Order 15 and in the CRMP regulations. 3) The MPLC in its role as a program agency shall review coastal per- -mit applications in a manner which is timely, non-arbitrary, non- capricious, and fully in accordance with the policies, standards, priorities, authorities, and intent of the CRMP and the Coastal Zone Management Act of 1972, as amended. Permit decisions shall be based on findings of fact, after full consideration of the written comments of program agencies, the Coastal Advisory Council, and the public. 4) The MPLC agrees to carry out its CRMP responsibilities in a co- operative and affirmative manner and to abide by the conflict re- solution procedures of the CRMP in the event serious inter-agency disagreement arises over permit decisions, variances, exemptions, or other aspects of the CRMP. 5) It is agreed that for the purpose of coordination, the CRMP regu- lations will stipulate that MPLC lease applicants acquire a coas- tal permit prior to the execution of an MPLC lease in the event a coastal permit is required for a project proposed for development on public.lands. Additionally CRMO and MPLC will closely coordi- nate on matters of mutual interest. 6) In return for the aforementioned aspects of MPLC's participation in the CRM program, the CRMO agrees to fund a Coastal Coordinator position in the MPLC and to provide for any reasonable expense as- sociated with that individual's primary responsibilities., H-5 7) It is mutually agreed by the CRMO and the MPLC that the Coas- tal Coordinator shall be employed with the advice and consent of the CRM0 and MPLC. The primary responsibility of the Coas- tal Coordinator in the MPLC shall be to serve as a liaison be- tween MPLC and the CRMO and other program agencies and to be wholly and primarily responsible for all aspects of the CRMP which are related to the MPLC. 8) The Coastal Coordinator shall be administratively located in and under the routine supervision of the Office of the Execu- tive Director of MPLC, but shall be under the policy supervi- sion of the CRMO. 9) Additional duties may be assigned to the Coastal Coordinator related to the MPLC's responsibilities for resource manage- ment provided the Coastal Coordinator's time shall be avai- lable to adequately conduct the primary responsibilities of the CRMP. 10) It is further agreed by CRMO and MPLC that inkind assistance shall be provided in matters which are of interest to both parties such as open access to information, technical assis- tance, advisory councils, research, policy development, legis- lation, and rulemaking. 11) This memorandum may not be terminated before the end of the first full year under 306 funding but may be altered upon the mutual agreement of both parties. In the event that the CR.M-P is not approved by the Federal OCZM or if sufficient fundinq is not available to accomplish the intent of this memorandum then this memorandum is void. 12) This memorandum is signed by persons authorized to represent CRM0 and MPLC. Dated this day of 1980 in Saipan, CNMI. Coastal Resources Management NOTE: This memorandum is under review Marianas Public Land Corporation by the MPLC Approved as to form Office of the Attorney General H-6 APPENDIX I KEY PROVISIONS FROM PUBLIC LAW 1-8 WHICH ARE REFERENCED ON THIS DOCUMENT ARE EXERPTED ON THE FOLLOWING PAGES. FIRST NORTHERN MARIANAS COMMONWEALTH LEGISLATURE PUBLIC LAW NO. 1-8 FIRST REGULAR SESSION, 1978 HOUSE BILL NO. 1-3? S.D.1 H.D.3 C.D.1 A BILL FOR AN ACT Establishing the Organization of-the Executive Branch of the Com- wealth of the Northern Mariana Islands; requiring the appointment of officials of the Executive Branch with advice and consent of the Senate of the Northern Marianas Commonwealth Legislature; and for other purposes. BE IT ENACTED BY THE FIRST NORTHERN MARIANAS COMMONWEALTH LEGIS- LATURE: 1 Section 1. Short title. This Act shall be known and may be 2 cited as the Executive Branch Organizat:i7on Act -6-f--1978. 3 TITLE I. EXECUTIVE BRANCH 4 Chapter 1. Office of the Governor 5 Section 1. Office of the Governor. There is established the 6 Office of the Governor of the Commonwealth of the Northern Maria- 7 na Islands which shall consist of the Governor, the Governor's 8 Council and the following positions all of which with the exc-e,p=-- 9 tion of the Executive Assistant for Carolinian Affairs and the 10. Private Sec retary, shall be appointed by the Governor with the 11 advice and consent of the Senate. 12 (a) A Special Assistant for Administration; 13 (b) A Special Assistant-for Planning and Budgeting; 14 (c) A Special Assistant for Programs and Legislative 15 Review; 16 (d) An Executive Assistant for Carolinian Affairs; 17 (e) A Public Information and Protocol Officer; 18 (f) A Private Secretary. PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,H.D.3, C.D.1 11; Section 2. Office of the Governor: Staff. 21 The Governor is authorized to employ such other staff as may be 3, required to assist the Office of the Governor in performing its 4@ functions pursuant to budgetary appropriation. All such staff 5. .,shall be within the Civil Service. 6 Section 3. Office of the Governor: Duties. 71 The Governor shall have the powers and duties as provided in the 8 Constitution of the Northern Mariana Islands. In addition, he 9 shall receive official visitors and conduct official ceremonies 10 of the Commonwealth. He may delegate such duties and responsibi- 11 lities to the Lieutenant Governor and/or to elected or appointed 12 officials of the Commonwealth .... 3;' Chapter 3. Office of the Attorney General _4@_.____5e@ction I. Office of the Attorney General. 5 There is established an Office of the Attorney General to be hea- 6 ded by an Attorney General. 7 Section 2. Attorney General: Appointment of. 8 The Attorney General shall be appointed by Governor with the ad- 9 vice and consent--of the Senate. No person shall be appointed as 10; Attorney General unless the person has: (a) Been graduated from an accredited law school in 12, the United States, or in a territory or posses- 13 sion of the United States, and who at the time of 14 his appointment, has.been admitted to practice in 15 the-highest-appellate court of a state, territory, 16 or possession of the United States and who is eli- 17 gible for admission to practice before the courts 18 of the Northern Mariana Islands; 19 (b) Practiced law for a minimum of five (5) years or 20 served as a judge of a court of record which has 21 jurisdiction comparable to or greater than the 1-2 PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D..l,H..D..31 C.D.1 civil or criminal jurisdiction of the Commonwealth 2. Trial Court for a minimum of three (3) years; 3" (c) Not been convicted of a felony in the Commonwealth 4: or in any area under the jurisdiction of the United 5 States. 6 Section 3. Attorney General: Duties. The Attorney General 7@ shall have the powers and duties as provided in the Constitution 8: of the Northern Mariana Islands. In addition, he shall have the 9 following powers and duties: 10 (a) To maintain the seal of the Commonwealth and to 11 authenticate official actions and documents of the 12 Commonwealth; 13@ (b) To register corporations and businesses; 14 (c) To appoint the certify the appointment of notaries 15 public and issue notarial certificates; 16 (d) To provide general supervision with respect to 17, immigration, emigration and naturalization func- 18 tions; 19 (e) To be responsible for any matter pertaining to 20 alien property; 21. (f) To be responsible for the publication, compila- 22. tion, and codification of laws, rules, regulations 23@' and executive orders, PROVIDED, however, that no 24, rules or regulations shall take effect until they 25,' have been published forat least thirty days ..... 5 Chapter 9. Department of Commerce and Labor. 6 Section 1. Department of Commerce and Labor: 7 Establishment of. 8 There is established the Department of Commerce and Labor to be 9 headed by a Director of Commerce and Labor. 10 Section 2. Director of Commerce and Labor: 11 Appointment of. 1-3 PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,H.D.3, C.D.1 12' The Director of Commerce and Labor shall be appointed by the Go- 13, vernor with the advice and consent of the Senate. 14; Section 3. Department of Commerce and Labor: 15 Duties. 16 The Department of Commerce and Labor shall have the following 17 powers and duties: 18@ (a) To be responsible for the stimulation, encourage- 19 ment and regulation of private investment, inclu- 20 ding foreign investment; 21 (b) To establish policies and procedures and adminis- 22 ter laws regarding employment and labor practices 23 in the private sector; 24 (c) To establish policies and procedures and ddminis- 25 ter laws regarding commercial fishing, maritime 26 resources and agricultural resources; 2 (d) To license and regulate businesses engaged in the 3 construction trade and to license businesses which 4 are not otherwise licensed or regulated by any 5 other department, agency or instrumentality of 6.. the Commonwealth; 7 (e) To do any and all things necessary in order to 8 stimulate economic growth in the private sector; 9 (f) To collect, tabulate, publicize and analyze sta- 10 tistical data needed for development programs and 11 plan implementation. 12 Section 4. Division of Labor: Establishment of. 13 There is established within the Department of Commerce and Labor 14 a Division of Labor to be headed by a Chief of Labor. 15 Section 5. Division of Labor: Duties. The Chief of Labor 16 shall be responsible for the day-to-day supervision and adminis- 17 tration of matters involving labor. 1-4 PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,H.D.3, C.D.1 18 Section 6. Department of Commerce and Labor: 19 Rules and Regulations. 20 The Department of Commerce and Labor shall adopt rules and re- 21 gulations regarding those matters over which the department has 22 jurisdiction ..... 23 Chapter 12. Department of Public Health and 24 Environmental Services. 25 Section 1. Department of Public Health and 1 Environmental Services: Establishment of. 2 There is established a Department of Public Health and Environ- 3 mental Services to be headed by a Director of Public Health and 4 Environmental Services. 5 Section 2. Director of Public Health and Environmental 6 Services: Appointment of. 7 The Director of Public Health and Environmental Services shall 8 be appointed by the Governor with the advice and consent of the 9 Senate. 10 Section 3. Department of Public Health and 11 Environmental Services: Duties. 12 The Department of Public Health and Environmental Services shall 13 have the following powers and duties: 14 (a) To maintain and improve health and sanitary con- 15 ditions; 16 (b) To minimize and control communicable disease; 17 (c) To establish standards of medical and dental 13 care and practice and license same; 19 (d) To establish and administer programs regarding 20 vocational rehabilitation, crippled children's 21 services, infant care, medicaid, medicare, men- 22 tal health and related programs including sub- 23 stance abuse! 1-5 PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,H.D.3, C.D.1 2 (e) To establish standards for water quality; 3 (f)_ To administer all government-owned health 4 care facilities. 5 (g) To adopt regulations as deemed necessary 6 to the public health and safety respecting: 7 (1) Nuisances, foul and noxious odors, gases 8 or vapors, water in which mosquitoes 9 breed or may breed, sources of filth, 10 and causes os sickness or disease, within 11 the respective islands of the Commonweal'Ch, 12 and on board any vessel; 13 (2) Adulteration and misbranding of food, 14 drugs or milk; 15 (3) Location, air space, ventilation, sani- 16 tation, drainage, sewage disposal and 17 other health conditions of buildings, 18 construction projects, excavations, pools, 19 water courses, areas and alleys; 20 (4) Privy vaults and cesspools and other 21 means of human excreta disoosal; 22 (5) Fish and fishing; 23 (6) Interments and dead bodies; 1 (7) Disinterments of dead human bodies includinq 2 the exposing, disturbinq or removing of 3 such bodies from their place of burial or 4 the opening, removing or disturbing after 5 due interment of any receptacle, coffin, 6 or container holding huipan remains or a 7 dead human body or a part thereof, and 8 the issu ance and the terms of permits for 9 the aforesaid disinterments of dead human 10 bodies, 11 (8) Cemetaries and burial grounds; 1-6 PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,H.D.3, C.D.1 13 (9) Laundries, and the laundering and steri- 14 lization of articles of linen and uniforms 15 used by or in the following businesses and 16 professions: barber shops, manicure shops, 17 beauty parlors, restaurants, soda fountains, 18 hotels, rooming and boarding houses, bakeries, 19 butcher shops, public bath-houses, midwives, 20 masseurs, and others in similar calling, 21 public or private hospitals and canneries 22 and bottling works where food or beverages 23 are canned or bottled for public consumption 24 or sale; PROVIDED that nothing in this Sec- 25 tion shall be construed as authorizing the 26 prohibiting of such laundering and steri- 27 lization by those conductinq any of such 28 businesses or professions where such laun- 29 d6ring or sterilization is done in an effi- .30 cient and sanitary manner. 31 (10) Hospitals, clinics, maternity homes, con- 32 valescent homes, children's boarding homes 33 and old folks' homes; 34 (11) Hotels, rooming houses, lodging houses, 35 apartment houses, and tenements; 36 (12) Laboratories; 37 (13) Any place or building where noisome or 38 noxious trades or manufacturers are carried 39 on, or intended to be carried on; 40 (14) Quarantine of communicable disease and 41 inspection; 42 (15) Poisons, air pollution, air-conditioning 43 and ventilating fumigation; 1-7 PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,M.D.3, C,D.1 2 (16) Water supplies, recreational water 3 and bathing beaches; 4 (17) Places of business, industry, employment, 5 commerce, and processes, materials, tools, 6 machinery, and methods of work done there- 7 in, and places of public gathering, recrea- 8 tion or entertainment; 9 (18) Any restaurant, theater, market, stand, 10 shop, store, factory, building, wagon, 11 vehicle, or place where any food, drug, 12 or cosmetic is manufactured, compounded, 13 processed, extracted, prepared, stored, 14 distributed, sold, offered for sale or 15 offered for human consumption or use; 16 (19) Food, drugs, and cosmetics, and the manu- 17 facturing, compounding, processing, ex- 18 tracting, preparing, storing, selling and 19 offering for sale or for consumption or 20 use of any food, drug or cosmetic; 21 (20) Devices including their components, parts 22 and accessories, intended (a) for use in 23 the diagnosis, cure mitigation, treatment 24 or prevention of disease in man; or (b) 25 to affect the structure of any function of 26 the body of man! 27 (21) Sources of ionizing radiation, radiation 28 protection; 29 (22) Medical examination, vaccination, reva- 30 ccination and immunization of school chil- 31 dren; 32 (23) Disinsectization of aircraft and ships 33 entering or within the Commonwealth as 34 may b@-_ necessary to prevent the 1-8 PUBLIC@LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,H.D.3, C.D.1 16 introduction or spread of any insect or 17t other vector of sianifica'nt to health; and 18 (24) Selection and supervision of public dumps 19 and sites for dumping, incineration, or 20 other disposition of garbage, rubbish, 21 and other offensive substances. 22 S ection 4. Department of Public Health and Environmental 23 Services: Duties. 24 (a) In addition ' the Department of Public Health 25 and Environmental Services shall be respon- 26 sible for: 27 (1) The prompt collection of vital statistical 28 information concerning all births and deaths 29 occurring in the Commonwealth: 30 (2) Preparing forms-and issuing instructions 31 necessary for uniform registration of births 32 and deaths; 33 (3) Filing a copy of the certificate of such 34 births and deaths with the Clerk of Courts; 35 and 36 (4) Compiling, analyzing and publishing vital 37 statistics concerning births and deaths, 38 and such other general welfare of the in- 39 habitants of the Commonwealth. 40, (b) Other deDartments, as designated by the Governor, 41 shall cooperate with and assist the Department 42 of Public Health and Environmental Services in 43_ performing these functions. 441 Section 8. Board of Health and-Environmental Quality: 45:, Establishment of. 46" There is established a Board of Health and Environmental Quality 47:t which shall consist of sixteen (16) members, three (3) of whom 48@, shall be from Rota, three (3) of whom shall be from Tinian, and 1-9 PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,H.D.3, C.D.1 [email protected] (10) of whom shall be from Saipan. One (1) of the Saipan 61 members shall represent the islands north of Saipan. The Board 7, shall be appointed by the Governor with the advice and consent 8, of the Senate. Nine (9) members shall be consumers of health 9 care services and seven (7) shall be providers of health care 10 services. 11 Section 9. Board of Health and Environmental Quality: 12 Tenure. 13 The members of the Board shall serve for four (4) years; PROVIDED 14 that of the members first appointed, three (3) shall serve for 15 one (1) year, three(3) shall serve for two (2) years, and ten 16 (10) shall serve for four (4) years. 17, Section 10. Board of Health and Environmental Quality: 18' Acts. 19 The concurrence of nine (9) members shall be necessary to the 20 validity of its acts. 21, Section 11. Board of Health and Environmental Quality: 22 Compensation. 23. Members of the Board shall serve without pay but shall be reim- 24@, bursed for reasonable and necessary expenses incurred in the 25 performance of their duties. 261, Section 12. Board of Health and Environmental Quality: 27i Duties. 28@@ The Board shall be the policy-determining body of the Department 291@ of Public Health and Environmental Services. The Board shall 301 adopt regulations governing public health and environmental qua- 311@ lity and amy include within such regulations all matters affec- 32!1 ting health within the Commonwealth and within the functional 33;i 3urisdiction of the Department of Public Health and Environmental 34i Services. The Board in its regulations may establish a system 351 of compliance and enforcement and a system of self inspection. 36i The Department of Public Health and Environmental Services shall I-10 PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,H.D.3, C.D.1 11 be responsible for implementation and administrative actions pur- 12 suant to the requlations of the Board of Health and Environmental 13 Quality. Unless otherwise provided by law, the Board shall serve 14 as a representative body with respect to federal environmental 15 protection requirements. For the purpose of complying with fede- 16 ral requirements, the Office of Planning and Budgeting shall 17 serve as a state health and environmental planningagency and 18 shall provide health and environmental planning support to the 19 Board of Health and Environmental Quality. 20 Section 13. Department of Public Health and Environmental 21 Services: Staff. 22 The Department of Public Health and Environmental Services is 23 authorized to employ such staff as may be required to assist it 24 and the Board of Health and Environmental Quality in performing 25 their duties, pursuant to budgetary appropriation. 26 Section 14. Department of Public Health and Environmental 27 Services: Rules and Regulations. 28 The Department of Public Health and Environmental Services shall 29 adopt rules and regulatio ns regarding those matters over which it 30 has jurisdiction. 31 Chapter 13. Department of Natural Resources. 32 Section 1 Department of Natural Resources: 33 Establishment of. 34 There is established a Department of Natural Resources to be 35 headed by a Director of Natural Resources. 36 Section 2..Director of Natural Resources- 37 Appointment of. 38 The Director of Natural Resources shall be appointed by the 39 Governor with the advice and consent of the Senate. 40, Section 3. Departmen t of Natural'Resources: 41 Duties. 42@ The Department of Natural Resources shall have the following PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,H.D.3, C.D.1 18 powers and-duties: 19 (a) To be responsible for the protection and en- 20 hancement of the natural resources of the is- 21 lands, including the marine environment; 22 (b) Protection of wildlife resources; 23 (c) To be responsible for the management and dis- 24 position of public lands which may be assigned 25 or transferred to it by the Marianas Public Land 26 Corporation pursuant to Article XI of the Cons- 27 titution of the Northern Mariana Islands; 28 (d) To conduct surveys of public lands; 29 (e) To maintain and provide for the conservation of 30 agricultural and aquatic resources. 31 (f) To maintain and provide for the conservation 32 of forests; 33 (g) To establish landscaping and beautification 34 projects; 35 (h) To issue permits for fishweirs; 36 (i) To promote, develop and administer agricultural 37 programs, including but not limited to, plant 38 industry, agricultural extension services, animal 39 industry and health. 40 Section 4. Department of Natural Resources: 41 Marianas Fishing Authority. 42 The Marianas Fishing Authority is hereby dissolved and its duties, 43 functions and responsibilities are hereby transferred to the 44 Department of Natural Resources. 45 Section 5. Department of Natural Resources: Rules 46 and Regulations. 47 The Department of Natural Resources shall adopt rules and regu- 48 lations regarding those matters over which it has jurisdiction. 1-12 PUBLIC LAW NO. 1-8 SENATE BILL NO. 1-3,S.D.1,2.D.3, C.D.1 5 Section 6. Department of Natural Resources: Staff. 6 The Department of Natural Resources is authorized to employ such 7 staff as may be required to assist it in performing its duties, 8 pursuant to.budgetary appropriation. 1-13 APPENDIX J AREA OF PARTICULAR CONCERN (APC) MAPS SAMM ISLAND AWAS OF PARTICULAR CONCERN 11461W WETLAND AND MANGROVE LAGOON AND REEF PORT AND INDUSTRIAL SHORELINE NOTE -Contour intervol 50 w*tws 1 2 3 lan son Roque Sch001 an Roque hurch AREAS OF PARTICULAR CONCERN WETLAND AND MANGROVE legend: WETLAND AREA SAIPAN MAP .-Uuuluu Cnapel x C 1-Dmicrol Bowling Alley Joeten Auto Oleai Church AREAS OF PARTICULAR CONCERN WETLAND AND MANGROVE 3,0 legend: WETLAND AREA 3.7 leai Social Hall Olew SAIPAN MAP Memorial Pork t a I Garopon Elern. School 50 Q) AREAS OF PARTICULAR CONCERN WETLAND AND MANGROVE legend: WETLAND AREA MANGROVE VEGETATED AREA SAIPAN MAP Harbor Basin 1c: LOWER "1' 0 BASE CV4 PIP!, 'k, AREAS OF PARTICULAR CONCERN PORT & INDUSTRIAL/WETLAND & MANGROVE legend: 11if PORT AND INDUSTRIAL WETLAND AREA MANGROVE VEGETATED AREA (NOTE)-PORT/INDUSTRIAL APC INCLUDES -SEE HARBOR BASIN & CHANNEL INSERT SAIPAN MAP I IL dLEA1 3.2 16.4 Soclail H L A T-ck C3 E chool mairiono High School G) CFAC C IV S U S U P E Royoltago Hotel Joeten Center Joeten Center Punton Susupe KANOAA EL2. Saipon Corn S U S P E 6 Church Celli-, L a k tv s v p e t mt. Carmel 1@z To-house Church a S.go, Dock Payless Shoppin H A L Cerrie rely Sh 0 A Centel A N 0 0 to Dist. X41.1 on unIc I Corn o' gThe ler a P 4 L63. U 1.. 4 3.09 Co'MM Holt ormer's Coo. '90 /S 00 HOPi,ilood =L-. K High School E School p I r) A L N 2 AREAS OF PARTICULAR CONCERN WETLAND AND MANGROVE CO 010 legend: WETLAND AREA 0 LAKE SUSUPE D + om A n I on gricul,lure Station Hol: 00 0 S Libror S n Antonio Church J, AFETNA SAIPAN MAP ol TINIAN ISLAND MEAS OF PARTICULAR CONCERN. WETLAND AND MANGROVE LAGOON AND REEF PORT AND INDUSTRAL SHORELINE NOTE - Contour interval 50 meters 0 1 2 3 km .......... % School % x 1.9 h rch C3 rpensary ivic Cenier S A N J SE V I L L A G E Harbor Jones Beach AIREAS OF PARTICULAR CONCERN PORT AND INDUSTRIAL legend: PORT AND INDUSTRIAL POTENTIAL MILITARY RETENTION AREA (NOTE) -PORT /INDUSTIRIAL APC INCLUDES HARBOR BASIN & CHANNEL TINIAN MAP G 0 1 AREAS OF PARTICULAR CONCE@ WETLAND AND MANGROVE legend: WETLAND AREA LAKE (HAGOO TINIAN MAP �3 griculture t a t i o n 5011-1 0 AREAS OF PARTICULAR CONCERN WETLAND AND MANGROVE legend: WETLAND AREA TINIAN MAP ROTA IS AREAS OF PA WETLANC LAGOON PORT AN SHORELIN NOTE - Cc 0 L A G 0 t 01 SiGu er e AREAS OF PARTICULAR CONCERN PORT AND INDUSTRIAL legend: swom PORT AND INDUSTRIAL (NOTE)- PORT/INDUSTRIAL APC INCLUDES HARBOR BASIN & CHANNEL ROTA MAP b) z CL 0 0 CW) ;o > CC) c z > z z > 0 c c z Z2 rn 0 m (n I APPENDIX K ADDITIONAL REFERENCES APPENDIX K ADDITIONAL REFERENCES BOWERS, N.M. PROBLEMS OF RESETTLEMENT ON SAIPAN, TINIAN, AND ROTA MARIANA ISLANDS, DISSERTATION. University of Michiigan, Ann Arbor, 1950 (258 pp.) ELDRIDGE, L.G., TSUDA, R.T., MOORE,P., CHERNIN,M. & NEUDECKER, S. A NATURAL HISTORY OF MAUG, NORTHERN MARIANA ISLANDS. Submitted to IDC International. 86 p., 1977. FITZGERALD, W.J., FR. & TOBIAS, W.J. MARINE SURVEY OF SAIPAN LAGOON. A preliminary Survey of the Marine Plants. University of Guam Marine Laboratory Environmental Survey Report #17. August 1974. NATHAN, R.R. AND ASSOCIATES, INC. SOCIO-ECONOMIC DEVELOPMENT PLAN FOR THE NORTHERN MARIANA ISLANDS. Prepared for the Office of Transition Studies and Planning, Washington, D.C. October 1977. OWEN, R. ENVIRONMENTAL IMPACT STUDY ON THE TERRESTRIAL FAUNA AND FLORA OF TINIAN WITH RESPECT TO THE PROPOSED ESTABLISHMENT OF A U.S. MILITARY BASE ON THAT ISLAND. Mimeo. 22 p. (1975) PACIFIC PLANNING AND DESIGN CONSULTANTS PHYSICAL DEVELOPMENT MASTER PLAN FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Prepared for the Office of Transition Studies and Planning. January 1978. 5 Volumes SPOEHR, A. SAIPAN: THE ETHNOLOGY OF A WAR DEVASTATED ISLAND. Chicago Natural History Museum - Field Anthropology. Volume 41. MOGI, H.,, PLANNING AND RESEARCH PARK AND OUTDOOR RECREATION RESOURCE STUDY. Prepared for the Northern Mariana Islands Planning office. (287 pp) 1977 I PART III: ALTERNATIVES TO THE PROPOSED ACTION PART THREE: ALTERNATIVES TO THE PROPOSED ACTION The alternatives to approving the Commonwealth's Coastal Resources Management Program (CRMP) are to delay or deny ap- proval. These alternatives would be appropriate if the program is deficient in meeting one or more of the requirements of the Coastal Zone Management Act, as amended. It should be noted that Congressional authorization of funding under Section 305 of the CZMA expired on September 30, 1979 making the option for prelimi- nary approval under Section 305(d) (15 CFR Part 923.74-923.76) moot. The Commonwealth has only two remaining options: (1) achieve full program approval by September 30, 1980 and subse- que@t Section 306 funding for program implementation or (2) continue program development but without 305 funding. In the latter instance, continued financial assistance in the form of Coastal Energy Impact Program (CEIP) grants and loans, would still be available under Section 308 if, in the opinion of the Assistant Administrator, the Commonwealth was making satisfactory progress toward the development of a management program consis- tent with the policies found in Section 303 of the Act. The Assistant Administrator has made a preliminary determi- nation that the CRMP is not deficient in any of the requirements necessary for program approval. During the course of program development and review, a few concerns were raised with respect to certain aspects of the Program and its adequacy in terms of meeting the requirements of the CZMA. If these concerns reflected serious deficiencies of the CRMP or were not remedied during program development, the Assistant Administrator would be required to delay or deny approval. The Assistant Administrator is satisfied that such concerns have been addressed adequately in the program under review but wishes to elicit public review and comment to assure that such a finding is correct. The following identifies particular concerns raised about the program that, if unresolved, could be the basis for delaying approval of the program. The impacts of not ap .proving the program are: the loss of federal funds to implement the program., the inability to assure the continued consideration of the national interests in siting facilities necessary to meet more than local needs, the inability to apply federal consistency provisions, and the loss of eligibility for certain other Federal funds. These impacts are fully discussed in Chapter Two of this Part. The Assistant Administrator could delay or deny approval of the Commonwealth of theNorthern Mariana Islands Coastal Resources Program if: A. The Commonwealth does not have the authorities necessary to implement the program. The Office of Coastal Zone Management has made an initial determination that the authorities proposed to implement the CRMP adequately comply with Section 306(c)(7) of the CZMA and will be in place at the time of program approval. 167 In the absence of local rule-making authorities, the Common- wealth, through Executive Order 15, intends to exercise direct control over coastal land and water use planning and regulation as provided under Section 306(e)(9)(B) of the Act. The Governor's Order designates five executive agencies as coastal resources management (CRM) regulatory agencies and directs them to promul- gate and adopt regulations providing for Areas of Particular Concern (APC), the standards for the evaluation and priorities of uses within APC's, and the establishment of a joint coastal permitting program. ,The CRMP also establishes a network of agencies who through the exercise of existing statutory authority, regulate land and water use activities in conformance with the policies and stan- dards of the program. The results of the scoping process, conducted pursuant to NEPA Regulations (40 CFR Part 1501.7), revealed some concern over the exercise of executive authority, rather than legislative enactment, to implement the program. Since Commonwealth executive agency heads serve at the pleasure of the Governor, it may use the executive order instrument, as provided in Section 923.43(c) (2) and (3) of 15 CFR Part 923, to ensure that its regulatory agencies act in conformance with program policies. In addition, Memoranda of Understanding have been issued among the Coastal Resources Management Office (CRMO), Division of Environmental Quality (DEQ), Department of Natural Resources (DNR) and the Marianas Public Land Corporation (MPLC). Several comments were received expressing concern over the ability of the CRMP to exercise control over shorelands in the absence of local zoning laws. In responding to these concerns? it is important to recognize that, while the program policies provide only general guidance to achieving broad coastal manage- ment objectives, its implementing authorities establish specific provisions governing the review, evaluation and permitting of coastal development. The standards and priorities set forth in the CRMP Regulations establish control over land and water development within designated areas (APC's) and ensure the sub- stantive review of activities that constitute major sitings. This ability to affect the types of development in particular areas and their location within the area subject to permitting requirements, in addition to procedural mechanisms for accommoda- ting requests for permit variances, such as that provided by the Regulations, are key features of most zoning laws. This is not to suggest that the CRMP is a surrogate zoning law, however, its implications for addressing the issue of managing development are indeed clear. B. The Commonwealth's program does not adequately address the goals of the CZMA. 168 Section 303 of the CZMA states that it is the national policy to achieve wise use of the land and water resources of the coastal zone giving full consideration to ecological, cultural, historic, and esthetic values as well as to needs for economic development,..." In developing the CRMP, the Commonwealth recognized the potential for conflicts among competing uses within its coastal area. It was clear that the environmental ethic which at one time was deeply rooted in Pacific Island cultures, was rapidl7y losing ground to western thought, technology, and an expanding population. Solutions applied to island problems have too often not been "island solutions", and instead have imposed long-term environmental, as well as socio-economic costs and hardships. Early in the CRMP development process much effort was placed on the need to identify and evaluate the coastal problems and issues facing the Commonwealth. This work resulted in the arti- culation of Commonwealth and island-specific priorities (Chapter l(E) of Part II) and ultimately, the goals and policies of the CRM program. .Several comments received during the scoping process ex- pressed concern about the inadequacy of the CRMP to manage the Northern Islands. Although the Northern Islands have not been declared an Area of Particular Concern (APC), they are still subject to the purview of the CRMP and coastal permitting re- quirements governing the siting of major facilities. The stan- dards applied to permit issuance, in concert with DEQ's earth- moving permit and any applicable Commonwealth and Federal air and water use activities in the area. The Public Land Corporation also places a number of restrictions on the disposition and use of the islands' public lands. If in the future, it is shown that these mechanisms are in- adequate in terms of balancing environmental and developmental interests, in the Northern Islands, new regulations can be adopted or the areas, wholly or in part, can be designated as an APC and/or, marine sanctuary. As one commentator put it "the proposed solution should be fit to the significance of the problem". Commonwealth Alternatives If the Assistant Administrator rules that the Commonwealth's program is not, in whole or in part, approvable before September 30, 1980, the Commonwealth would have two alternatives, the first of which was touched upon earlier in this section, i.e., continue program development (including possible revisions to parts of the program) without Section 305 funding. The second alternative would be the withdrawal of the Commonwealth from the national program and not seek continued Federal assistance. 169 The Commonwealth could unilaterally withdraw its application for program approval and not seek Federal assistance under Section 306 of the CZMA. It could on its own carry out the policies of the CRMP through existing regulatory mec 'hanisms or through the coastal permitting program. The Commonwealth, however, would have to fund the program using its own revenue sources. Because of the non-mandatory nature of CZM participation, the Commonwealth, under this alternative would not be subject to.the requirements of the CZMA. Withdrawal from the national program also would mean that the Commonwealth would not receive (1) Federal grants to assist in the implementation of the CRMP, (2) the benefit of Federal consistency provisions, and (3) grants, loans, guarantees and credit assistance to help mitigate the impacts of energy facili- ties siting and development. 1 -7n PART IV: DESCRIPTION OF THE ENVIRONMENT AFFECTED PART FOUR: DESCRIPTION OF THE ENVIRONMENT AFFECTED Part Two, Chapter One of this document describes in consi- derable detail the natural environmental, cultural and institu- tional settings of the Northern Mariana Islands. In addition to discussions on demographics and problems and issues, these back- ground data served as the context within which the Coastal Re- sources Management Program was developed. Chapter IV, Areas Subject to the Management Program, in which the management boundary and excluded federal lands are discussed, is also addressed in Part Two. The reader is referred to these and other section s of this document for the information normally contained in this part of an environmental impact statement. 171 PART V: ENVIRONIENTAL CONSEQUENCES PART FIVE: ENVIRONMENTAL CONSEQUENCES The Federal action is the proposed approval of the CRMP as having met the requirements of the CZMA and,,after approval, the awarding of Federal grants-in-aid to assist the Northerry Marianas in implementing and administering its program. Approval places an obligation on the Commonwealth to manage its resources in accordance with the policies, standards, and priorities.described in the CRMP. Likewise, approval places an obligation on Federal agencies to act in a manner consistent, to the maximum extent practicable, with the approved program, thereby significantly impacting the Federal decision-making-pr.6cess as it relates to coastal land and water use activities and funding in the Northern Mariana Islands. Both beneficial and adverse environmental and socio-economic effects will result from Federal approval and Commonwealth imple- mentation of the CRMP. The fundamental criterion for assessing these impacts should be the CZMA's declaration of policy: "to achieve wise use of land and water resources of the coastal zone giving full consideration to ecological, cultural, historic, and aesthetic values as well as the need for economic development." While the prudent use of coastal resources may be viewed as beneficial to the environment and public welfare for many reasons, some activities that benefit the Commonwealth economically may come at some environmental cost. Conversely, constraints placed on certain resource uses.in the interest of resource conservation, long-term productivity or resource preservation, may have adverse economic effects on certain individuals or development interests, including property owners and potential property owners whose plans and expectations are affected by the program. A. General Impacts Resulting birectly from Federal Approval Federal approval of the CRMP will have four immediate impacts on the Commonwealth and its people. Impacts will result from: (1) an increase of funds and f"unding options available to Commonwealth; (2) the application of federal consistency provisions; (3) national interest considerations; and (4) the availability of other coastal management assistance. (1) Program funding - Federal approval will permit the Office of Coastal Zone Management to award program administration grants, pursuant to Section 306 of the CZMA to the Commonwealth of the Northern Mariana Islands. These funds will allow the increased staffing of trained personnel such as resource management planners, permit review and coordination specialists, and enforcement officials. The availability of funds will allow, additionally, the Commonwealth to obtain information on coastal hazards and their mitigation, coastal fisheries, beach erosion, as well as profes- sional advice which might be required to better inform its management decisions. 172 (2) Federal consistency - The approval and implementation of the Northern Marianas' CRMP will mean that all Federal agencies will be bound by the provisions of Section 307(c) and (d) of the CZMA to conduct their actions in a manner consistent with the Commonwealth's program. The actions requiring such certification for consistency are further delineated in Chapter Seven (Federal Consistency) of this document. This impact of approval is one of the principal objectives of the CZMA. The CRMP has evolved with the assistance of numerous Federal agencies having responsibility for activities within the Commonwealth's coastal zone. No activities of Federal agencies are specifically excluded from the Commonwealth's coastal zone, however, they are still subject to the policies ofthe program as other non-Federal actions. When Federal agencies undertake any action, including development projects, that directly affects the coastal zone of the Northern Mariana Islands, they will be required to notify the Commonwealth of the proposed action. The affected parties will then have an oppor- tunity to consult with one another to ensure that the proposed action not only meets Federal requirements, but is also consistent with the CRMP. In the event of a serious disagreement between the Commonwealth and Federal agency, either party may seek mediation by the Secretary of Commerce. These procedures will provide all parties with an opportunity to balance environmental concerns with other national and Commonwealth interests. In cases where the Commonwealth determines that a proposed activity requiring a Federal license or permit or an application for grants and loans are inconsistent with the CRMP, the Federal agency will be required to deny approval for the activities. The Commonwealth's objections must be based upon the substantive requirements of the management program. Such objections may require Federally-regulated and assisted projects to consider and locate in alternative sites where the development might be better accommodated because of favorable physical features, existing infrastructure, the availability of communication and financial networks, and access to transportation and other public works facilities. In certain instances, upon appeal, the Commonwealth objection may be set aside by the Secretary of Commerce if the proposed activity is consistent with the objectives of the CZMA (Section 307 (c)(3)(B)(iii)) or is in the interest of national security. Even if Commonwealth objections are set aside by the Secretary, the over- ride will be subject to the consideration of environmental protection needs. This procedure.conforms with NEPA's objective of incorporating environmental values in Federal agency decision- making. Consistency provisions do place new legal requirements upon Federal agencies, which, in terms of time and money, will negatively impact the agencies and applicants for licenses, permits, and monetary assistance. The long-term effect, however, will be 173 positive. Continuing Federal-Commonwealth consultation, for example, will ensure that all activities will receive timely review in a manner consistent with the substantive policies and standards of the CRMP. (3) National Interest - Federal approval of the Commonwealth's CRMP will serve to indicate that the program includes an acceptable procedure for ensuring the adequate consideration of the national interest in the siting of facilities necessary to meet requirements that are other than local in nature. This policy requirement of the CZMA is intended to assure that national concerns related to facilities siting are expressed and dealt with in the development and implementation of the CRMP and should not be construed as compelling the Commonwealth to propose a program which accommodates certain types of facilities. It works to assure that such national concerns are not arbitrarily excluded or unreasonably restricted in the management program. This provision might have two impacts. First, it ensures that the Commonwealth has a process and a program that does not prohibit or exclude any use or activity dependent on the coastal zone. In the absence of a comprehensive program such considerations might simply be ignored by oversight or default. This requirement will ensure they are specifically considered. On the other hand, the existence of a consultative procedure should lead to more deliberate and cooperative decision-making concerning the siting of facilities in the coastal zone. (4) Other Management Assistance - Federal approval will also assure the Commonwealth continued eligibility for funds available under other coastal management assistance programs, including the Coastal Energy Impact Program (Section 308), research and training (Section 310), beach access and the preservation of islands, and establishment of estuarine sanctuaries (Section 315). Eligibility for each of these programs will augment the management capability of the Northern Mariana Islands in the subject areas. The improved ability and continued eligibility for funding to plan for and manage the impacts of major energy facilities, to assure access to beaches and to preserve fragile island or estuarine ecosystems are clearly positive impacts associated with Program approval. B. Impacts Resulting.from the Commonwealth's Implementation of the Program The CRMP seeks to conserve the land and water resources of the Commonwealth by advocating, through its policies, the protection and maintenance of key coastal areas and the siting of certain types of development in areas specified for such purposes. In large part, program policy decisions have been predicated on the ability to identify and evaluate the effects of environmental impacts on natural systems which might result from a proposed action. It is the equally pervasive socio-economic effects of such actions that are usually more difficult to ascertain and measure, and subsequently, 174 articulate in the form of a substantive, enforceable policy. Consideration of these consequences are, no less, important in the implementation of the CRMP for achieving the Commonwealth's goal of promoting "social and economic development and growth" while developing its coastal resources. In addition to the two classes of "environmental" effects cited above, there is still another that will result from CRMP implementa- tion. This class includes the anticipated effects on and the arrangements and coordination among the agencies in the Commonwealth that are responsible for carrying out the policies of the program. These effects are collectively referred to as "institutional impacts," which, when taken together with induced perturbations in the biosphere and changes to an affected community's socio-economic norms, contribute to one's perceptions of "environmental impact." (1) Socio-Economic Impacts - According to a study of the potential impacts of coastal zone management programs conducted by the Real Estate Research Corporation for the Office of Coastal Zone Management and applicable to the Northern Marianas, benefits of coastal management will accrue to people of the Commonwealth and Nation. These benefits will be of various kinds and will occur in different ways and degrees. The following major beneficiaries can be identified: owners of property directly affected by program policies, neighboring property owners, owners of businesses whose productivity or market attractiveness would be enhanced by the CRMP, government, and the general public. The study also concludes that benefits of coastal zone management will be based on changes in the nature, scale, distribution, and pace of production in sectors such as manufacturing, agriculture (including aquaculture and mariculture) fishing, utility services and costs, business sales, population and the labor force, housing demand and supply, construction, financing and investment, property values, government costs and revenues, employment, educa- tional and recreational opportunities, and aesthetics. Coastal management involves the use of foresight in cooperatively determining how to both conserve valuable natural resources and accommodate the needs of an expanding population and economy. Achieving this balance in the Commonwealth will involve making allocation decisions which include some short-term positive and negative effects. Long-term benefits from the enhanced productivity and continued availability of renewable and non-renewable resources, respectively, would also be realized. Potential impacts of CRMP policies may have the following socio-economic effects: - They can be "one time only" or "recurring"; - They can cause net increases in economic activity or merely shift benefits (or costs) among individuals or groups; 175 They may incur costs in their attainment--such as investments for shoreline stabilization, or restoration or pollution control; They may involve secondary "spin-off" effects (both positive and negative), depending on the nature of the policies and the economic sector affected. It is clear, however, that some universally perceived "benefits" will be derived from coastal resources planning and management in the Northern Marianas. They include, for exampl'e: - Enhanced preservation of the natural environment; - Better utilization of sunk investments., including the better use of existing infrastructure; - Less pollution; - Better fit of supply to demand; - Less uncertainty regarding future potentials; - Greater public and private awareness of needs and development opportunities; - Higher quality development resulting from better understanding of resource constraints and opportunities; and, - Greater public access to the decision-making process. These benefits can include increased productivity, higher sales, more jobs, greater demand for facilities and services, increased property values, lower taxes, reduced or stabilized consumer prices, and heightened satisfaction with one's physical environment. Prudent coastal zone planning, therefore, results in a balance between the conservation of irreplaceable natural resources and the needs of an expanding economy. While some coastal zone actions result in net gains or net losses for the local economy, in most instances the short-term effects of the program will cause a redistribution of assets. In the sense of economic efficiency, the CRMP, in principle, seeks to achieve near Pareto-optimality, that is, to improve an individual's well being without worsening another's. Some unfulfilled expectations and lost opportunities will occur with program implementation, however, gains elsewhere should offset these diseconomies. There may be short-term lags as the economy adjusts to changes induced by the CIRMP but long-term benefits are likely to balance or exceed costs. 176 Economically, key to the issue of CRMP implementation would be its influence on future development patterns, cultural trends, land values and the related cost of development. These effects, however, are not unique to the CRMP. Any management program involving boundary delineations (thereby creating an "in" and "out" with respect to areas subject to management regulations) would, for example, create certain conditions that would alter a community's socio-economic perceptions. Not unlike other forms of "land use controls," which regulate and implicitly direct development, the CRMP might also create "displacement effects," the result of which serves to promote development activity in locations least subject to use constraints. Such effects may be attributed to the following factors: - increased planning and design requirements; - additional performance standards and criteria; - new regulatory programs, restrictions or use priorities, and - their combined effects on land values and the cost of development. Displacement effects in turn, also may have a substantial influence on land development patterns and island lifestyles. Impacts Upon Land Values Land values in the Northern Marianas continue to rise as increased pressure for development is constrained by the availability of developable land. These pressures are magnified in some parts of the Commonwealth where land in private ownership is relatively scarce (as opposed to Public Lands) or is constrained by such factors as slope, ground water availability, natural hazards, soil type, drainage, and access. The Real Estate Research Corporation cited the following as some of the lag determinants of property values. They apply to the Northern Marianas. - Natural site characteristics and environment - Man-made site characteristics and environment - Community image - Demand for particular land uses - Access - Utilities - Public facilities and services 177 Taxes Land use and development regulations The following table, also taken from the Real Estate Research Corporation's study, summarizes the impacts of government actiohs on land values. The policies of the CRMP will be implemented through new and existing government mechanisms, and may result in the following land value impacts. (a) Land values in the Commonwealth will not ' necessarily increase faster as a result of CZM objectives and policies. Land values mayincrease, however, in particular areas where the CRMP will impose specific development standards and/or conditions. Permits for developments in these areas, which may be valued as areas uniquely suited for recreation, historic arti- facts, subsistence habitat, or unique coastal ecosystems, for example, may be denied unless certain conditions are met. Placement of conditions on development proposals may tend to increase land values in such affected areas. (b) By restricting land use options in some areas of the Commonwealth, land values will be redistributed to other areas not subject to use restrictions. In coastal areas, the value of land near or within existing developments will rise and coastal water dependent developments may be compelled to relocate inland to avoid high costs. (c) Land values probably will decrease in some areas of the Commonwealth when there is no development. The CRMP will foreclose development opportunities in some areas by concentrating development activities in areas already developed. The undeveloped land will then be left in its present, less "valuable" (in the economic sense) state. Impacts Upon Cost of Development The CRMP will affect the cost of development in two ways, the first of which (land acquisition cost) has been discussed above. The competition for available land will intensify and the increased prices paid to either acquire this land or tl-e development rights, will be reflected in higher costs. Second, locating permissible development in sensitive areas will probably be more costly as a result of siting and design considera- tions necessary to mitigate adverse impacts. For example, some developers may find that the costs of meeting restrictions placed 178 IMPACT OF GOVERNMENT ACTION ON PROPERTY VALUES Impact on Values of Relative Important of Impact on Values of Neighboring or Net Effect on Specific Actions in Type of Action Subject Pro2erty Competitive Properties Property Values Determining Impacts Restrictions on land use Value declines Value rises RedistribuLonal Very important Developer required to Value declines value rises Slightly negative Unimportant compared to make improvements or pay other public actions fees Resource amenities pro- Value rises Value rises Slightly positive Very important tected or restored by to very positive government action Shore access by the Value declines Value rises Slightly negative Less important than use public maximized and restrictions or amenity protected protection Concentrating develop- If still undeveloped, value Value rises Positive Very important ment in existing declines; if already im- communities proved, value rises Providing infrastruc- Value rises Values Positive Important ture, public facilities, unchanged and services Tax reduction or defer- Value rises Value Slightly positive Less important than use ral for regulated, res- unchanged restrictions or amenity tricted, or encouraged protection uses of coastal properties Source: Real-Estate Research Corporation. 179 upon development as a condition for permit approval, prohibitively expensive. This, in effect, would establish a new system for .allocating resources in the Commonwealth, where competing demands would be constrained by induced costs. Choices, therefore, would be made on the basis of "charges" made to a developer for consuming the resource. Developers, consequently, might find those areas with lower environmental values or higher thresholds for accommoda- ting certain types of activities, comparatively less costly to develop. 'Another affect of a new regulatory program is a delay in approval of development. The CRMP, howev-.3r, intends to ameliorate this effect by coordinating existing regulatory authority and permit review functions with a jointly-administered coastal permitting program. In essence, the coordination mechanism will not impede permitting actions but will serve to assure the substantive review of proposed coastal developments. Funding made available to the Commonwealth under Section 306 of the CZMA will be used for hiring the staff and supporting the functions necessary for expediting coastal permit applications, the notion being that if delays can be minimized and, in some cases, anticipated, developers can accept the adverse economic impacts normally associated with environmental regulation. Impacts Upon Development Patterns The CRMP may have a substantial effect on development patterns in the Commonwealth. It will affect the manner in which governmental agencies review development applications and the'way in which proposals for private development are formulated and presented. Once the program is implemented, many of its effects will be felt very early in the development process. The CRMP will affect the patterns of development in four ways: (1) it will alter the nature of private planning and design; (2) it will increase the.sophistica- tion of the standards the agencies apply in reviewing development; (3) it will establish a set of priorities for use of the coastal area; and (4) APC designations will place restrictions or promote certain types of development within specified areas. The result of program implementation, in essence, will mean that not only must developers concern themselves with the effect of their development on the natural environment but also with the more intan- gible impacts on aesthetics and long-range environmental quality objectives. The role that government agencies play in influencing development patterns involves primarily their responsibilities for developing infrastructure and providing public services. The CRMP additionally provides, through its policies, regulations, standards and use priorities, a means for controlling the direction, quality and pace of development. 180 Impacts Upon Cultural Trends The impact of the Commonwealth's CRMP on cultural trends and island lifestyles will be a function of the development patterns which the program will effect. Development patterns, in turn, are a function of land ownership and the availability of developable lands. Consequently, it is essentially correct to say that cultural trends are now and will be in the future linked to the effects of land use controls on future development opportunities. For example, in relatively undeveloped coastal areas where new d 'evelopment would be discouraged by the CRMP, the rural lifestyle and economy would be preserved. On the other hand, in coastal locations where development already exists and new development encouraged, the population would become more "urbanized." As population in the Commonwealth increases, so will the demands for adequate housing and employment. obviously, at some point in the future, decisions will have to be made concerning the opportuni- ties for economic growth and the development necessary to accommodate population growth, which, in addition to housing, includes government services, water, electricity, roads, solid waste disposal and sewage treatment. These growth-induced activities present a potent force of change that gradually, in the future, will alter an individual's culturally-bound perceptions of the island environment, place, and social community. As in the recent past, when islanders moved from a subsistence economy to one relying on money and imported "energy," cultural modifications will be permanent. These changes, however, are not necessarily harmful. As remote island economies are brought under the pervasive influence of western ideals and technology they will, as a result of that contact, tend to assimilate within a larger "society" and become upwardly mobile--educationally, socially and economically. Implementation of the CRMP will not necessarily accelerate the processes of cultural change, however, it is expected that it, along with other Commonwealth and Federal controls on resource use, will act to induce a climate of change and modify existing perceptions of coastal resource allocation. The overall acceptability of the CRMP to the people of the Commonwealth will depend, in large part, on the ability of the Commonwealth to satisfy the policies and objectives of the Program in a manner which also remains sensitive to economic expectations and the pace of cultural change. (2) Environmental Impacts - The CRMP has been developed in order to balance short-term uses with the need to ensure long-term availability and productivity of coastal resources. Through the implementation of its policies, the Program will protect key natural resources such as ground water recharge areas, beaches, mangroves and wetlands, historic sites, significant wildlife habitats, coral reefs, and the like. 181 The CRMP provides for the localization of impacts by encouraging the siting of certain generic uses within areas prescribed for their accommodation. The coastal permitting process also serves to ensure the protection of coastal land and water resources by requiring conformance with its development standards and priorities. The CRMP's policies, consequently, will have a positive impact on the protection of the coastal environment by (1) reducing the opportunity for conflicts among competing, incompatible uses, and (2) ensuring that, to the extent necessary, environmental impact mitigation is made a condition for development. (3) Institutional Impacts The CRMP affects the relationships, responsibilities and obligations of Federal and,--Commonwealth govern- ments. Their operations, in turn, affect the private sector. These impacts result primarily from the Commonwealth's pursuit of the goals and policies of the Program which already have been discussed in environmental, social and economic terms. Chapter Three of Part Two provides the reader with the rationale for CRMP,policies and also an articulation of the strategies proposed for achieving them. The following discussion highlights the anticipated impacts on institutional arrangements resulting from program implementation. Commonwealth Coordination Cooperation among the agencies of the Commonwealth is a key objective and requirement of the program. Coordination will be achieved in three basic ways. First, agencies responsible for CRMP implementation are required by Executive order Fifteen to partici- pate in the development and implementation of a joint coastal permitting program. Second, the coastal-related planning and management functions of each participating agency must be consistent with the policies of the CRMP, which provides a common basis for all coastal decisions. Finally, program policy coordination will be achieved through the Coastal Resources Management Office with the assistance and advice of the Coastal Advisory Council, which is comprised of the heads of appropriate Commonwealth agencies and legislative representatives. Commonwealth-Federal Coordination An increase in coordiantion between Federal and Commonwealth governments is expected. This will occur as a result of CRMP approval which carries with it the federal consistency requirement discussed earlier. Additionally, the CRMP will provide a forum for federal agencies and the Commonwealth to express,their views on the definition and applicability of the "national interest" concept as it relates to proposed developments. Certainty in Decision-Making Developers and conservationists alike express desires for more certainty in coastal land and water use decisions. Uncertainty is costly to both parties. The numerous Federal and Commonwealth regulatory authorities increase uncertainty about the nature and 182 timing of future development. The program's guidance about proper and improper uses may eliminate some options, but it will also eliminate much uncertainty about the Commonwealth's expectations. The Program accommodates the needs of entrepreneurs who need to find sites suitable for development. -These factors combine to improve private planning by providing,a more predictable and stable business environment. Private costs may increase in order to conform to the CRMP's policies and standards. Citizens' Participation and Education The public involvement in coastal management has been and will continue to be an important part of the program. The CRMP calls for extensive citiz.en and interest group involvement in future decisions about the allocation of coastal resources. The CRMP also anticipates the development of a government-sponsored coastal awareness educational program for students in the Commonwealth. This will include the participation and coordination of Sea Grant personnel and staff from the Commonwealth's Department of Education and Coastal Resources Management Office. Cost of Government A general increase in the public costs of managing coastal land and water areas is anticipated. These costs can be attributed to the planning yet to be completed, agency responsibility for permit review and issuance, consistency determinations and the administra- tion of the program. In some instances, the cost of implementing the program will be insignificant, since most of it will be internalized and the program administered as an adjunct to normal agency functions. In other instances, the program will involve substantial additional costs, however, such costs are expected to be offset to a large extent by funds granted to the Commonwealth to implement the program. Successful coastal management should result in a net decrease in government costs after a few years, as the program is institutionalized. This will be difficult to quantify, as savings will be mostly due to avoiding expenditures of public funds to pay the costs resulting from no management. When basic planning is complete, updating the program will require less annual funding. C. Probable Adverse Environmental Effects which Cannot Be Avoided The Commonwealth's CRMP is the result of planning research that focused on the need to balance the competing interests of economic growth and development with the maintenance of environmental quality. The program has been structured to accommodate economic development but not, however, at the expense of sound environmental management and the preservation of essential coastal land and water resources. The CRMP recognizes the need for the siting of facilities for energy, commerce and other activities that might have significant 183 adverse environmental effects. The policies of and authorities for implementing the program are intended to strictly limit the adverse consequences of such actions both through the enforcement of standards which protect important coastal land and water resources as well as by locating the activities, whenever possible, away from the residential areas or areas of high natural hazard or environ- mental fragility. Efforts to aggregate and isolate such facilities, however, may accelerate environmental degradation in such areas. This is not to suggest that commitments made for energy facilities and the like will necessarily result in the massive degradation of the environment. It is important to note that under applicable Commonwealth and Federal laws, the proposed siting of major facili- ties would be reviewed regorously prior to permitting action and, where appropriate, mitigative measures required as conditions for approval. The conditions will assure compliance with coastal permitting standards and will allow, in effect, development to occur in the least damaging way. In certain cases the CRMP-will be unable to avoid one adverse impact without engendering another. In such instances, tough questions will have to be asked and responses measured according to what, from the perspectives of environmentalists, developers, government and the general public, would constitute an acceptable level of risk or environmental damage. The CRMP does not, nor was .it intended to have all of the answers, however, it does ensure that proposed developments having possible adverse "spin-offs" or displacement effects are given a proper reading by the Commonwealth. D. Relationship between Short-term Uses of the Environment and the Maintenance and Enhancement of Long-term Productivity The CRMP is not designed to induce short-term uses of the environment at the expense of long-term productivity. Its purpose is to enhance and maintain the long-term productivity of the coastal environment while meeting the current and future needs of the Commonwealth and the nation. While approval of the program will restrict some short-term uses of the environment, it also will provide long-term assurance that the natural resources and benefits accruing from their management will be available for the use and enjoyment of future generations. The CRMP does the following: 1. Short-Term Uses (a) Does not prohibit future development, but creates a system of guided growth based on policies for coastal land and water uses. (b) Recognizes that some energy facilities and coastal- dependent developments will have adverse environmental consequences, but that for various reasons they may still have to be located in certain areas of the coastal zone. 184 (c) Allows some short-term uses in the coastal zone but requires developments to provide for long-term benefits. 2. Long-Term Uses (a) Recognizes the coastal zone as a delicately balanced ecosystem. (b) Enhances the permanent protection of the Commonwealth's natural and scenic resources. (c) Contributes to the orderly and balanced utilization and conservation of coastal resources. (d) Sets forth sound resource conservation principles in policies, goals, and standards. (e) Provides for a method which will protect regional, Commonwealth and national interests by assuring the maintenance of the long-term productivity and economic vitality of coastal resources necessary for the well- being of the public, and which avoids long-term costs to the public and a diminished quality of life resulting from the misuse of coastal resources. Without the.implementation of the CRMP, the general practice of allowing uses to occur where they will probably would continue. Such practices often have resulted in the commitment of resources to meeting short-term goals at the expense of their long-term availabi- lity and future management options. The CRMP provides a sound basis for decision-making, protects natural systems and directs uses to areas which can absorb growth without adversely affecting the long- term productivity of the coastal environment. E. Irreversible and Irretrievable Commitments of Resources that would be Involved in the Proposed Action should it be Implemented The approval of the CRMP will not in itself lead to an irretrievable commitment of resources or development activity that irreversibly affects the island environment. The program is a statement of the policies and processes by which the Commonwealth intends to manage its coastal resources. Although approval carries with it Federal financial support for the program and the Commonwealth's commitment to its implementation, the action, and its associated impacts are not irreversible. Parti- cipation in the national program is voluntary and the Northern Marianas could decide at some future date to withdraw its commitment, the consequences of which have been discussed in previous sections of Part Three of this document. This move, however, would be unlikely given the Commonwealth's long efforts to develop a coastal management program that meets federal standards and its commitment to implemen- ting the Program as describedi 185 F. The Relationship of the Proposed Action to Land Use Plans, Policies and Controls for the Area As noted in Part Two, Chapter One of this document, the development of the CRMP was based, in large part, on three major planning reports produced by the Office of Transitional Studies and Planning (OTSP). These reports were developed in anticipation of the islands' Common- wealth status and included: (1) the Socio-Economic Development Plan, (2) a Government Organization Plan, and (3) the Physical Development Master Plan. The reader is referred to the referenced section for additional information. The development of the CRMP has been a thorough, well-publicized and documented process. The reader is directed to Chapter VIII, Part Two of the program document for additional information. Certain CRMP components, particularly the goals and policies of the program and coastal permitting regulations, were subject to extensive consultation. Furthermore, coastal management problems and issues as well as program implementation strategies were developed in close coordination with other Commonwealth agencies. The continued coordination with'Commonwealth, Federal, regional, public, and private interests will remain a key component of the CRMP. G. Consultation Extensive consultation, coord ination and input has been received in developing the CRMP and this impact statement. The Office of Coastal Zone Management requires that a state (territory) conduct an environmental impact assessment on their coastal management program prior to any approval of the program. This assessment is then used in. developing the EIS. Additional contributions have been received from various Federal agencies throughout the CRMP development period on such things as the impact of the program on Federal agency programs as well as an analysis of the Commonwealth's program. 186 PART VI: LIST OF PREPARERS LIST OF PREPARERS The following people participated in the preparation of this document. office of Coastal Zone-Management Kelvin Char John Pedrick, Jr. Coastal Resources management office Ivan Groom Jesus Elameto Martin Cabrera Mary Kisa Maryanne P. Reyes Paul Benoit Rick Paisley Martha McCart David Bortz Bobbie Guerrero Emy Sablan Maria Halstead Trinidad Berdon Lourdes Alepuyo Soledad Babauta Concepcion Ragamar 187 PART VII: LIST OF AGENCIES, ORGANIZATIONS AND PERSONS RECEIVING COPIES OF THE DEIS PART SEVEN: LIST OF AGENCIES, ORGANIZATIONS AND PERSONS RECEIVING COPIES Federal Agencies Advisory Council on Historic Preservation Department of Agriculture Department of Commerce Department of Defense Department of Energy Department of Health, Education & Welfare Department of Housing & Urban Development Department of the Interior Department of Justice Department of Labor Department of Transportation U.S. Coast Guard Environmental Protection Agency Federal Energy Regulatory Commission General Services Administration Marine Mammal Commission Nuclear Regulatory Commission National Interest Groups A.M.E.R.I.C.A.N. AFL-CIO American Association of Port Authorities American Bureau of Shipping American Farm Bureau Federation American Fisheries Society American Gas Association American Industrial Development Council American Institute of Architects American Petroleum Institute American Shore and Beach Preservation Association American Society of Civil Engineers American Society of Landscape Architects, Inc. American Society of Planning Officials American Waterways Operators Amoco Production Company Atlantic Richfield Company Atomic.Industrial Forum Boating Industry Association Bultema Dock & Dredge Company Center for Law and Social Policy Center for Natural Areas Center for Urban Affairs Center for Urban & Regional Resources Chamber of Commerce of the United States Chevron U.S.A., Inc. Cities Service Company Coast Alliance Conservation Foundation 188 Continental Oil Company Council of State Planning Agencies The Cousteau Society CZM Newsletter Edison Electric Institute El Paso Natural Gas Co. Environmental Policy Center Environmental Defense Fund, Inc. Environmental Law Institute EXXON Company, U.S.A. Fireds of the Earth Great Lakes Basin Commission Gulf Energy and Minerals, U.S. Gulf Oil Company Gulf Refining Company Industrial Union of Marine & Shipbuilding Workers of America Institute for the Human Environment Interstate Natural Gas Association of America Lake Michigan Federation Marathon Oil Company Marine Technology Society Mobil Oil Corporation Mobil Exploration & Producing, Inc. Murphy Oil Company National Association of Conservation Districts National Association of Counties National Association of Home Builders National Association of Realtors National Audubon Society National Coalition for Marine Conservation, Inc. National Farmers Union National Federation of Fisherman National Fisheries Institute National Forest Products Association National Marine Manufacturers Association National Ocean Industries Association National Parks and Conservation Association National Recreation and Park Association National Research Council Natural Resources Law Institute National Society of Professional Engineers National Waterways Conference National Wildlife Federation Natural Resources Defense Council The Nature Conservancy Norfolk Dredging Company Outboard Marine Corporation Resources for the Future Rose, Schmidt & Dixon Shell Oil Company Sierra Club Skelly Oil Company 189 Soil Conservation Society of America Sport Fishing Institute Standard Oil Company.of Ohio State University Law School State University of New York Commonwealth Agencies Department of Natural Resources Department of Public Works Department of Commerce and Labor Division of Environmental Quality Department of Community and Cultural Affairs Department of Education Office of the Attorney General .Marianas Public Land Corporation Mariana Islands Housing Authority Mariana Islands Airport Authority Foreign Investment Board Economic Development Loan Fund Executive Assistance for Carolinian Affairs Marianas Visitors Bureau Historic Preservation office office of the Governor Planning-and Budget Affairs office Public Information Office Legislative Liaison office of the Representative to the United States Commonwealth Legislature Senate President House Speaker Chairman, Resources and Development Committee Chairman, Health Education and Welfare Committee Mayors Saipan Tinian Rota Northern Islands Interest Groups Chamber of Commerce Marine Advisory Council Saipan Contractors Association J. C. Tenorio Enterprises Oceania Lines 190 Other Parties Pacific Basin Regional Governments: office of the Governor, Hawaii office of the Governor, American Samoa office of the Governor, Guam Comnavmarianas, Guam Office of the President, Marshall Islands office of the President, Federated States of Micronesia Palau Political Status Commission Trust Territory of the Pacific Islands East-West Center, Hawaii University of Hawaii: Urban Regional Planning Program Sea Grant Program University of Guam Marine Laboratory Institute for Marine Studies - University of Washington Environmental Law Society Pepperdine University School of Law I 1 3 6668 00002 2345@ .I