Bill Text: HI HB1712 | 2010 | Regular Session | Introduced
Bill Title: Ocean Resources; Fishing Rules; Opihi; Uhu; Goatfish; Bag Limits
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1712 Detail]
Download: Hawaii-2010-HB1712-Introduced.html
Report Title:
Ocean Resources
Description:
Requires the department of land and natural resources to submit a report to the legislature on any proposed rules to regulate the taking of uhu, weke/moana kali, and ulua/papio.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1712 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to FISHING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds and declares that fishing in Hawaii is a tradition woven into its island communities and local cultures that have been passed down for generations. The legislature finds that Hawaii's nearshore reef fisheries have declined over the years due to a variety of threats to the nearshore ecosystem including but not limited to runoff, sedimentation, pollution, lack or profusion of fresh water intrusion into the marine ecosystem, and the introduction of invasive species..
The state constitution, article XI, section 1, declares in part that, "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy resources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State."
The State, through the department of land and natural resources, has jurisdiction over management of the State's marine waters, extending from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority. Section 187A-2, Hawaii Revised Statutes, further charges the department to, among other things:
(1) Manage and administer the aquatic life and aquatic resources of the State;
(2) Establish, manage, and regulate public fishing areas, artificial reefs, fish aggregating devices, marine life conservation districts, shoreline fishery management areas, refuges, and other areas; and
(3) Gather and compile information and statistics concerning the habitat and character of, and increase and decrease in, aquatic resources in the State, including the care and propagation of aquatic resources for protective, productive, and aesthetic purposes, and other useful information, which the department deems proper.
The division of aquatic resources of the department of land and natural resources further states that as part of its mission, "Major program areas include projects to manage or enhance fisheries for long-term sustainability of the resources, protect and restore the aquatic environment, protect native and resident aquatic species and their habitat, and provide facilities and opportunities for recreational fishing."
The legislature finds that it is the primary responsibility of the department of land and natural resources to protect our limited natural resources. Carrying out this responsibility should be balanced with the responsibility of ensuring the public's reasonable use of these resources, if such use or activity can be carried out without undue harm to the resources.
The department of land and natural resources is presently conducting statewide public informational meetings to listen to concerns and suggestions from the public regarding taking and protection of three main fish families that the department feels may be in need of updated regulations. These three main fish families are the parrotfish (uhu), the goatfish (weke/moana kali), and the jacks (ulua/papio).
Some members of the public have expressed concern that the department of land and natural resources will utilize the information gathered at these public meetings, without the benefit of any supporting data, as the sole basis to design the new rules and restrictions. The department of land and natural resources has publicly stated, "The input we receive from the public will help the division of aquatic resources design rules that will support the ongoing conservation of our marine resources while balancing the needs of recreational, subsistence and commercial fishers."
The legislature further finds that the department of land and natural resources has not done any of the following:
(1) Properly managed or enhanced fisheries for long-term sustainability of the resources;
(2) Protected and restored the aquatic environment;
(3) Protected native and resident aquatic species and their habitat; and
(4) Provided facilities and opportunities for recreational fishing.
Instead, the department of land and natural resources continues to restrict the taking of marine resources throughout the State.
The purpose of this Act is to require the department of land and natural resources to provide supporting data, including stock assessments, as the basis for any new rules to regulate the taking of uhu, weke/moana kali, and ulua/papio, in addition to the input the department receives from the public at informational meetings. The Act also directs the department of land and natural resources to provide a monitoring and evaluation component to determine the effect of the rules adopted on the uhu, weke/moana kali, and ulua/papio fish populations.
SECTION 2. (a) The department of land and natural resources shall:
(1) Continue to hold public informational meetings to hear concerns and suggestions from the public regarding the taking and protection of uhu, weke/moana kali, and ulua/papio;
(2) Utilize and present all available data to support the basis for any rule proposed based on the public input, and if no data is available use all available means to gather the necessary data;
(3) Develop a monitoring and evaluation program to determine the effects that runoff, sedimentation, pollution, lack or profusion of fresh water intrusion into the marine ecosystem, and the introduction of invasive species have on the ecosystem that affects the habitat and forage of uhu, weke/moana kali, and ulua/papio;
(4) Develop a monitoring and evaluation program to determine the outcomes to be achieved by the implementation of any proposed rule and estimate the timeframes through which the outcomes will be achieved; and
(5) Provide at a minimum, biennual public informational meetings to provide updates on the effects of these rules and advise the public if changes to take rules are required, including the stiffening or relaxation of those rules, whenever the data collected for uhu, weke/moana kali, and ulua/papio indicate the need for further protection or that stocks have recovered sufficiently.
(b) The department of land and natural resources shall conduct an ongoing study that shall include but not be limited to the following:
(1) An analysis of whether the rules to regulate the take of uhu, weke/moana kali, and ulua/papio are achieving their intended purposes;
(2) The periods which the rules to regulate the taking of uhu, weke/moana kali, and ulua/papio are expected their intended purposes;
(3) The impact the rules will have on the resources, public, and user groups; and
(4) An accounting of the public input and data utilized to support the basis for the rules.
The department of land and natural resources shall submit periodic reports of its findings and recommendations, including any proposed legislation, to the legislature not later than twenty days prior to the convening of the regular sessions of 2010, 2015, and 2020. The department of land and natural resources may include the report as part of its annual report to the legislature.
SECTION 3. This Act shall take effect upon its approval and shall be repealed on December 31, 2020.
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INTRODUCED BY: |
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