Gathering Rights

Protects traditional and customary rights to gather plants,
harvest trees, and take game in public forest reserves.

HOUSE OF REPRESENTATIVES                H.B. NO.386        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 7, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "7-     Traditional and customary gathering rights.  (a)
 5 Gathering rights traditionally and customarily exercised for
 6 subsistence, cultural, and religious purposes by a native
 7 Hawaiian as set forth in Article XII, Section 7 of the Hawaii
 8 State Constitution shall not be abridged or denied on public
 9 lands set apart as forest reserves.
10      (b)  Native Hawaiians engaging in traditional and customary
11 gathering practices as set forth in subsection (a) shall practice
12 sound stewardship and sustainable management practices while
13 gathering within the public forest reserves, and shall be subject
14 to chapters 195D and 199.
15      (c)  The board of land and natural resources shall work with
16 native Hawaiian organizations and individuals to adopt rules
17 under chapter 91 to implement this section."
18      SECTION 2.  Section 195-7, Hawaii Revised Statutes, is
19 amended to read as follows:

Page 2                                                     
                                     H.B. NO.           

 1      "195-7 Powers and duties.  The commission shall:
 2      (1)  Establish criteria to be used in determining whether an
 3           area is suitable for inclusion with the reserves
 4           system;
 5      (2)  Conduct studies of areas for possible inclusion within
 6           the reserves system;
 7      (3)  Recommend to the governor and the department areas
 8           suitable for inclusion within the reserves system;
 9      (4)  Establish policies and criteria regarding the
10           management, protection, and permitted uses of areas
11           which are part of the reserves system; provided that
12           the policies and criteria are consistent with
13           section 7-   ;
14      (5)  Advise the governor and the department on any matter
15           relating to the preservation of Hawaii's unique natural
16           resources;
17      (6)  Develop ways and means of extending and strengthening
18           presently established preserves, sanctuaries, and
19           refuges within the State;
20      (7)  Advise the department and other public agencies
21           managing state-owned land or natural resources
22           regarding areas under their respective jurisdictions
23           which are or may be appropriate for designation as

Page 3                                                     
                                     H.B. NO.           

 1           natural area reserves; and
 2      (8)  In carrying out the above duties, consult the most
 3           comprehensive up-to-date compilation of scientific data
 4           on the communities of natural flora and fauna of
 5           Hawaii."
 6      SECTION 3.  New statutory material is underscored.
 7      SECTION 4.  This Act shall take effect upon its approval.
 9                           INTRODUCED BY:  _______________________