HOUSE OF REPRESENTATIVES

H.B. NO.

2958

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to mariculture.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that mariculture is a specialized branch of aquaculture involving the cultivation of marine organisms for food and other products in the open ocean, tanks, or enclosed sections of the ocean.  Finfish is another name for fish.

This Act is concerned with open water commercial finfish mariculture operators in state waters.  These operators have caused many problems, including failing to respect the rights of native Hawaiian fishing traditions, threatening the marine environment with escaped farmed fish, polluting local waters with heavier concentrations of nitrogen from fish fecal contamination, and interfering with marine wildlife.

The implementation of modern technologies to alleviate the problems associated with open water commercial finfish mariculture operations have not been successful and has done little to curb the environmental, cultural, and economic problems associated with this industry.

     The legislature also finds that the open water commercial finfish mariculture industry has not justified its existence.  The industry has not demonstrated an appreciable level of economic viability, has not proven to be a substantial benefit to the State's economy, and has not contributed to local food security concerns.  The operation of open water commercial finfish mariculture also conflicts with existing state law.

Therefore, due to the shortcomings of open water commercial finfish mariculture, the State and the local commercial fishing industry as a whole are focused on safer alternatives, including the development of land-based, closed-loop re-circulating aquaculture systems.

     The purpose of this Act is to suspend the development, expansion, or transfer of any existing permits of open water commercial finfish mariculture facilities and to clarify prohibited mariculture activities in existing state law.

     SECTION 2.  Chapter 190D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§190D-     Open water commercial finfish mariculture; prohibition.  (a)  Notwithstanding any law to the contrary, the board shall not issue any permit related to the construction, expansion, or transfer of any open water commercial finfish mariculture facility.

(b)  Any permit issued prior to the effective date of this Act for an open water commercial finfish mariculture facility shall remain in effect and shall not be transferrable to another person or entity.

     (c)  This section shall apply to:

     (1)  The placement, installation, or use of an open water commercial finfish mariculture facility; and

     (2)  The operation of finfish mariculture facilities in state waters involved in the propagation or rearing or attempted propagation or rearing of finfish species for profit.

     (d)  For the purposes of this section, "open water commercial finfish mariculture facility" means a structure, installation, or other complex used, in whole or in part, for commercial finfish mariculture activities in state waters."

     SECTION 3.  Section 171-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Mariculture" has the same meaning as that term is defined in section 190D-3."

     SECTION 4.  Section 205A-22, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Mariculture" has the same meaning as that term is defined in section 190D-3."

     SECTION 5.  Section 190D-3, Hawaii Revised Statutes, is amended by amending the definition of "mariculture" to read as follows:

     ""Mariculture" means [the] aquaculture, [cultivation, and production for research, development, demonstration, and commercial purposes of aquatic plants and animals] as defined in section 187A-1, within open state marine waters, but excludes floating structures that are not anchored[.], any operation or activity on or directly adjacent to land, and commercial aquaculture or cultivation of any finfish species."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Commercial Finfish Mariculture

 

Description:

Suspends the expansion of any new commercial finfish mariculture operations.  Authorizes existing commercial finfish mariculture operations to continue.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.