Report Title:

Marine Resources; Assessment; Enforcement; Funding

Description:

Requires the Department of Land and Natural Resources (DLNR) to assess for effectiveness and implement the various marine management tools to address the depleting marine resources of the State. Appropriates funds for the assessment and implementation and additional DLNR enforcement personnel. (HB2587 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2587

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to marine resources.

 

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

SECTION 1. The legislature finds that the fish marine resources of the state of Hawaii are declining. The replenishment and preservation of these resources are vital to the economic, cultural, environmental, health, and social well-being of the state's residents, visitors, and future generations, in addition to global biodiversity.

The legislature also finds that the decline in size, number, distribution, diversity, and quality of important and desirable marine species and habitats may be reversed by implementing a number of marine management tools, including marine managed areas, increased enforcement of existing fishing laws, fishing licenses, bag limits, slotting, netting limitations, fish propagating programs, invasive species control and eradication, fish aggregating devices, additional artificial reefs, and prevention of resource pollution from run-offs.

During the 2005 regular session, the legislature adopted H.C.R. No. 267, H.D. 1, authorizing the house committee on water, land, and ocean resources and the senate committee on water, land, and agriculture, together with the department of land and natural resources, to meet marine resource stakeholders on all islands to discuss the problem of Hawaii's depleting marine resources and the need to adopt measures that would ensure the viability of the resources for present and future generations. The statewide meetings focused on marine managed areas as the management tool of choice for the department of land and natural resources and other stakeholders, including environmentalists. "Marine managed area" means any area of the marine environment established by law or rules that encompasses defined management objectives, including protection of geological, cultural, or natural resources, or that reduces conflicts between user groups. Other stakeholders, such as the fishing community, vehemently opposed the establishment of additional marine managed areas, to such an extent that they raised serious questions regarding the basis and effectiveness of marine managed areas.

The legislature finds that current enforcement of state fishing laws is ineffective. Both proponents and opponents of establishing additional marine managed areas expressed a complete lack of faith in the State's ability to enforce its fishing laws. The link between ineffective enforcement of the fishing laws and the declining status of our marine resources cannot be avoided and mandates that the enforcement capability of the department of land and natural resources be enhanced.

The purpose of this Act is to require the department of land and natural resources to:

(1) Assess the effectiveness of no-take marine managed areas; and

(2) Assess, prioritize, and implement effective measures and programs to increase Hawaii's fish population now and in the future; and

(3) Hire additional personnel to enforce the State's fishing laws.

SECTION 2. The department of land and natural resources

shall:

(1) Assess the effectiveness of the existing no-take marine managed areas and de facto no-take areas; and

(2) Assess, prioritize, and implement effective measures and programs to increase Hawaii's fish population now and in the future.

The department of land and natural resources in assessing the various marine management tools, through a variety of methods, shall seek the assistance and input of all stakeholders, including the fishing community. It is the intent of this Act that the means to sustain and enhance the State's marine resources be in balance with the economic, social, and traditional practice needs of the stakeholders.

SECTION 3. The department of land and natural resources shall submit an interim report to the legislature no later than twenty days before the convening of the regular session of 2007 and a final report of its findings and recommendations, including proposed legislation, to the legislature no later than twenty days before the convening of the regular session of 2008. The reports shall provide:

(1) An analysis of the impacts and benefits of its recommendations;

(2) A record of the stakeholders' assistance and input; and

(3) The supporting rationale and data for the recommendations being proposed.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2006-2007 for the assessment, prioritization, and implementation of effective measures and programs to increase Hawaii's fish population now and in the future; provided that:

(1) The measures and programs shall be implemented following a process of assessment and prioritization; and

(2) Any unexpended or unencumbered funds at the close of fiscal year 2006-2007 may be expended or encumbered during fiscal year 2007-2008 and shall not lapse until June 30, 2008.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2006-2007 to provide

additional positions to assist in the enforcement of the State's fishing laws.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 6. This Act shall take effect on July 1, 2006.