HOUSE OF REPRESENTATIVES

H.B. NO.

1478

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAIIAN ISLANDS HUMPBACK WHALE NATIONAL MARINE SANCTUARY.

 

 

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

 


     SECTION 1.  The legislature finds that the Hawaiian Islands humpback whale national marine sanctuary provides an essential habitat for breeding, calving, and nursing activities of the endangered North Pacific humpback whale.  Since 1998, the sanctuary has been co-managed by Hawaii and the National Oceanic and Atmospheric Administration of the United States Department of Commerce.  The State and the National Oceanic and Atmospheric Administration entered into a compact for co-management of the sanctuary to improve interagency coordination and to enhance management of Hawaii's humpback whales and other marine resources.  However, the State's role in co-managing the sanctuary has yet to be codified under state law.

     The purpose of this Act is to establish the Hawaiian Islands humpback whale national marine sanctuary program to coordinate and fulfill the State's duties in co-managing the Hawaiian Islands humpback whale national marine sanctuary.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Hawaiian IslandS humpback whale national marine sanctuary

     §   -1  Definitions.  For purposes of this chapter:

     "Board" means the board of land and natural resources.

     "Compact agreement" means the Compact Agreement for the Coordinated Management of the sanctuary, as entered into by the State and the National Oceanic and Atmospheric Administration of the United States Department of Commerce for the coordinated management of the sanctuary.

     "Department" means the department of land and natural resources.

     "Sanctuary" means the Hawaiian Islands humpback whale national marine sanctuary, as designated by the United States Congress in the 1992 Hawaiian Islands National Marine Sanctuary and Protection Act (Subtitle C of Public Law 102-587, as amended by Public Law 104-283) and as may be amended or renamed in accordance with the five-year sanctuary management plan review process established by section 304(e) of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (16 U.S.C. 1434), title III of which is known as the National Marine Sanctuaries Act (16 U.S.C. 1431-1445c).

     "Sanctuary program" means the state program to co-manage the sanctuary.

     §   -2  Lead agency.  The department shall be the lead agency in co-managing the sanctuary in accordance with the Hawaiian Islands National Marine Sanctuary Act and the compact agreement.  The department shall exercise responsible stewardship in managing, administering, and exercising control over lands, waters, and natural resources relating to the sanctuary.

     §   -3  Sanctuary program.  There is established the sanctuary program within the department to coordinate and fulfill the State's management duties relating to the sanctuary, including:

     (1)  Issuing applicable permits;

     (2)  Providing advice to and seeking input from the governor, department, and other state agencies on matters relating to management of the sanctuary, and any review of the sanctuary's management plan, environmental impact statement, or regulations; and

     (3)  Soliciting and accepting grants, donations, and contributions to support management of the sanctuary.

     §   -4  Sanctuary co-manager.  There is established a sanctuary co-manager position within the sanctuary program to represent the State in management of the sanctuary, including but not limited to all programs, policies, and operations relating to the sanctuary.

     §   -5  Penalties.  (a)  Any person who violates any rule adopted pursuant to the program or any term or condition of a permit issued under the program shall be guilty of a petty misdemeanor and, in addition to any other penalties provided by law, shall be fined not less than:

     (1)  $250 for a first offense;

     (2)  $500 for a second offense; and

     (3)  $1,000 for a third or subsequent offense.

     (b)  Fines assessed pursuant to subsection (a) shall not be suspended or waived.

     (c)  Any criminal or administrative action taken pursuant to this chapter shall not preclude the State from pursuing any other criminal action, forfeiture proceeding, or other administrative action otherwise provided by law.

     (d)  Except as otherwise provided by law, the board or duly authorized representative may impose general administrative penalties as provided in section 187A-12.5.

     §   -6  Rules.  The board shall adopt rules pursuant to chapter 91 to implement this chapter."

     SECTION 3.  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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 to establish one full-time sanctuary co-manager position and costs relating to the State's co-management of the sanctuary, as defined in section 2 of this Act.

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

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  This Act shall take effect on July 1, 2015.

 



 

Report Title:

Hawaiian Islands Humpback Whale National Marine Sanctuary Program; Appropriation

 

Description:

Establishes the state program to co-manage the federally established Hawaiian Islands humpback whale national marine sanctuary.  Establishes a sanctuary co-manager position.  Appropriates funds.  (SD1)

 

 

 

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