Bill Text: HI SR136 | 2024 | Regular Session | Introduced

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Bill Title: Requesting That State And County Departments And Agencies Meet Certain Guidelines Before Passing Any Ordinance Or Rule That Restricts Subsistence Fishing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-22 - Re-Referred to JDC. [SR136 Detail]

Download: Hawaii-2024-SR136-Introduced.html

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THE SENATE	S.R. NO.	136
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

SENATE RESOLUTION

 

 

requesting that State and county departments and agencies meet certain guidelines before passing any ordinance or rule that restricts subsistence fishing.

 

 

     WHEREAS, subsistence fishing is a way of life in the State; and

 

     WHEREAS, many recent proposed rules and actions taken with the intent to protect and preserve ocean resources have had unintended consequences on those who practice subsistence fishing; and

 

     WHEREAS, many who practice subsistence fishing feel that certain guidelines must first be met to prevent blind rulemaking that can unreasonably restrict the practice of subsistence fishing; and

 

     WHEREAS, for example, the lack of clear definitions and unspecified goals of limiting "unsustainable" practices or protecting "sustainable resources" can be vague and may place blame on subsistence fishing when certain issues may not, in fact, result from subsistence fishing; and

 

     WHEREAS, although data is often cited, it is unclear how the data is collected, upon which proposed rules and actions that restrict subsistence fishing are based; and

 

     WHEREAS, there are other options available to mitigate threats to aquatic resources, and restricting the practice of subsistence fishing should be a last resort; and

 

     WHEREAS, if a department or agency determines certain fishing restrictions, like bag limits, are necessary, these restrictions should be temporary and a plan to increase the specified biomass of an aquatic resource should be partnered with the mitigation of threats to the sustainable production of that aquatic resource, such as implementing artificial reefs; and

 

     WHEREAS, state and county departments and agencies that propose rules and take actions that restrict subsistence fishing should clearly state the expected outcome for the proposed rule to be adopted and the action to be taken; and

 

     WHEREAS, before imposing limits, state and county departments and agencies should also consider and identify all population factors equally, including but not limited to residents and times of high or low tourism, and not place blame primarily on those who practice subsistence fishing for unsustainable levels of take; and

 

     WHEREAS, to assist with tailored solutions that work towards sustainable production and to address real issues, state and county departments and agencies should meet certain guidelines before passing any law, ordinance, or rule that restricts subsistence fishing; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that state and county departments and agencies are requested to meet certain guidelines before passing any ordinance or rule that restricts subsistence fishing; and

 

     BE IT FURTHER RESOLVED that state and county departments and agencies are requested to provide to the public the following information before passing any ordinance or rule relating to subsistence fishing:

 

     (1)  The method of collecting data upon which the law, ordinance, or rule is based, including whether the data was collected under abnormal conditions, such as during the coronavirus disease 2019 pandemic, severe weather events, or decreased traffic due to natural disasters;

 

     (2)  Disclosure of accurate numbers;

 

     (3)  The steps and methods taken, and any definitions used, to determine whether a species is sustainable or unsustainable; and

 

     (4)  The plan to increase specified biomass along with any restrictions or mitigation efforts and the time limits of the restrictions; and

 

     BE IT FURTHER RESOLVED that state and county departments and agencies are requested to generate a report that contains clear methods and guidelines for rulemaking that restricts subsistence fishing and to post the report in an easily accessible format and location on the department's or agency's website to be made available for public viewing; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, and the Chairs of the Honolulu City Council, Maui County Council, Hawaii County Council, and Kauai County Council.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title: 

State; Department of Land and Natural Resources; Counties; Subsistence Fishing; Rulemaking