The Department of Public Lands on July 15 issued a public notice of its proposal to amend the commercial rules and regulations governing Managaha.
DPL wants to prevent the consumption of outside food and beverages in its main concessionaire’s “Exclusive Concession Area;” “restrict certain personal floatation devices in the Designated Swimming Zone;” and “further define” the type of commercial activity that may only be conducted by the main concessionaire and authorized subconcessionaires.
All commercial activity “including conveniences such as food, beverages, recreational activity and the like shall only be provided by the [main concessionaire] and a limited number of subconcessionaires mutually agreed upon by DPL and the Concessionaire,” DPL states.
In its public notice, DPL has a definition for “Designated Concession Area” which lists the “portion of the main pavilion and other areas delineated in exhibit # 1 of the Special Recreational Concession Agreement.”
The proposed amendments do not prohibit visitors from bringing food onto the island for personal consumption. It only states that they do not consume personal food or beverages in the areas designated as the “Exclusive Concession Area” of the main concessionaire.
The public notice also states that the main concessionaire does not have “the exclusive right to provide transportation to and from [Managaha].” DPL says that the combined number of passengers on Managaha from the main concessionaire and other tour operators “shall not exceed 1000.”
The current regulations“do not currently address the use of personal floatation devices” DPL notes in the public notice. DPL wants visitors to use floatation devices provided by the main concessionaire if they are swimming in the “Designated Swimming Zone.”
The amendments are intended to help the concessionaire avoid liability, DPL writes.
“Section 16.A of DPL’s standard Managaha Island Master Concession Operator Agreement requires the Concessionaire to indemnify and hold harmless DPL for any injuries or losses which occur in the Exclusive Concession Area (ECA) or which arise out of or in connection with any activities under the Agreement…Revising the regulations to restrict outside food and beverages in the ECA and to restrict personal floatation devices used in the Designated Swimming Zone to those provided by the Concessionaire will allow the Concessionaire to exercise greater control over activities occurring in the ECA and for which the Concessionaire is liable.”
DPL also writes that it wants better definition of the “scope of commercial activity and concessions” included in the main concessionaire’s exclusive rights to do business on Managaha.
“Commercial activity” is defined as “any activity conducted on Managaha for profit (or resulting in profit) by an enterprise or person required to have a business license to conduct the activity.”
The list of activities includes, but is not limited to, the preparation, delivery, sale or provision of food; the rental or sale of water sports equipment, recreational equipment, or beach equipment; “the conduct or operation of any tour on Managaha or departing from Managaha, regardless of how or by whom the persons engaging in the activity were first transported to the Island, including any and all underwater activities…and any and all surface water activities;” the “sale of any goods or services on the Island;” and the provision of entertainment on the Island.
DPL states that “Managaha to Managaha commercial activity” and/or “Managaha to Saipan commercial activity”can only be conducted by the main concessionaire or its authorized subconcessionaire. As an example, they stated that if a person is picked up onManagaha for parasailing and then returned to Managahaat the conclusion of the parasailing activity, such activity is the exclusive right of the main concessionaire or its authorized subconessionaire. It would likewise be the exclusive right of the main concessionaire or its authorized subconcessionaire even if the person was picked up in Managaha but parasailed to Saipan.
DPL also established a definition for commercial photography as the “taking of photographs, films or videos from any type of camera device of any article of commerce or models for the purpose of commercial advertising and shall include all photography to be used for advertisements or for pubic entertainment and all photography for which a fee is paid, either to the model or actor, or to the photographer.”
Excluded from the definition of “commercial photography” is “any photography by governmentagencies done on behalf of the Marianas Visitors Authority for the promotion of tourism.”
The public may submit written comments on the proposed amendments. Email dpl@dpl.gov.mp or mail to PO Box 50038, Saipan, MP 96950. Include “Proposed Amendments to the Commercial Use of Managaha Island Rules and Regulations” as the subject line.
This story is developing. Variety has scheduled a meeting this week with DPL to expand on topics discussed in the public notice.
