Bill Text: HI HB2039 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Land and Natural Resources; Community-Based Marine Resources Grant Program; Appropriation ($)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-08 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on OMH/WAL with Representative(s) Har voting aye with reservations; none voting no (0) and Representative(s) Creagan, San Buenaventura, Say excused (3). [HB2039 Detail]

Download: Hawaii-2016-HB2039-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2039

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the department of land and natural resources.

 

 

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

 


     SECTION 1.  The legislature finds that the near shore marine resources of the State have declined over several generations, impacting Native Hawaiian traditional and customary practices, all residents' lifestyle, and the visitor industry.  Land-based sources of pollution, invasive species, overuse, and poor management have all played a part in our near shore ocean's decline.  At the same time, present and future users should be able to partake in the ocean as past generations once did.  This situation necessitates the implementation of innovative and effective approaches, policies, and regulations that are informed by the values of the people of Hawaii.

     The legislature further finds that Hawaii's people have a long tradition of resource stewardship and strong stewardship values that are essential to reversing resource declines.  Community-based co-management of near shore marine areas, that is, communities working with government, is recognized as an effective tool to increase opportunities for stakeholder involvement, re-invigorate Hawaii's history and culture of mālama āina, increase voluntary compliance with regulations, and ultimately improve resource conditions and availability for future generations.  In more than two dozen coastal areas across the State, local communities want to engage in marine co-management to sustain resources and preserve traditional practices.  All of these processes include families, fishermen, kūpuna, youth, government, and many others with deep and caring ties to their coastal areas.

     The legislature further finds that efforts need to be devised to bring users and other interests together rather than further dividing them.  These efforts promote tradition and culture not as artifacts to be preserved in books and museums, but as solutions to be practiced as keys to a sustainable future.

     Research and experience in Hawaii and around the world demonstrate that community-based co-management of marine resources in partnership with government can be a successful policy and management strategy because:

     (1)  It recognizes and honors the unique resources, habitat, condition, people, and tradition of each place;

     (2)  Community members have a high level of identification with and commitment to their place;

     (3)  Community members are respected as local leaders and directly involved in decisions and management with shared norms, trust, communication, and connection between networks and groups of stakeholders;

     (4)  Co-management fosters a sense of kuleana through genuine sharing of responsibility and authority with government in policy development, decision-making, and setting standards of conduct; and

     (5)  An engaged community has a shared commitment to compliance in preservation, achievement of successful resource enhancement, and promotion of sustainable use.

     The department of land and natural resources has the statutory mandate to implement policies and management strategies, which include community-based co-management, to preserve and protect Hawaii's marine resources and traditional practices.  In order to successfully implement appropriate programs and to grow and maintain the active participation and trust of communities, the department needs consistent technical and staff capacity to engage with communities and other stakeholders and to deliver government services effectively.

     The legislature further finds that the increase in ocean use and threats necessitates the development of innovative partnerships, policies, regulations, and strategies in the department of land and natural resources to ensure the department meets its mandate to properly manage and administer the aquatic resources of the State.  In the area of community-based co-management of marine resources, this includes having the essential staff members who can engage with interested communities and help them to coordinate traditional stewardship practices with the departmental systems and processes, to develop community-driven rules and standards of conduct that meet the State's regulatory requirements, and to implement a collaborative and effective approach to compliance with community-based standards and rules.

     The purpose of this Act is to establish a community-based marine resources grant program and make key positions permanent within the department of land and natural resources.

     SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§171-    Community-based marine resources grant program.  (a)  There is established a community-based marine resources grant program for communities engaged in near shore marine resource co-management programs with the department.  The grant program shall be developed and administered by the department.  Grant moneys shall be applied to support planning, stakeholder outreach, and related activities.

     (b)  Individual grant awards under this program shall:

     (1)  Not exceed $10,000 per community each year;

     (2)  Be subject to prior approval by the board of land and natural resources; and

     (3)  Be managed by a qualified non-profit or government fiscal sponsor that charges no more than a ten per cent overhead rate for financial management.

     (c)  The department shall adopt rules pursuant to chapter 91 to develop and administer the community-based marine resources grant program."

     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 2016-2017 for the development and administration of the community-based marine resources grant program for communities engaged in near shore marine resource co-management programs with the department of land and natural resources.

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

     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 2016-2017 for program operating costs and to establish three permanent full-time equivalent (3.00 FTE) positions in the division of aquatic resources of the department of land and natural resources to include a community-based subsistence fishing area planner, a marine regulation and policy specialist, and an aquatic invasive species program specialist to support community-based co-management of near shore marine resources and implement effective rule-making.

     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 2016-2017 for program operating costs and to establish two permanent full-time equivalent (2.00 FTE) positions in the division of conservation and resources enforcement of the department of land and natural resources to include a makai watch coordinator and a marine regulation and policy specialist to work with communities and state enforcement officers to help ensure compliance with resource use and protection standards and regulations.

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

     SECTION 6.  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 2016-2017 for conversion of twelve temporary positions in the division of conservation and resources enforcement of the department of land and natural resources to permanent positions and for personal services, training, equipment, motor vehicles, vessels, and other current expenses for community fisheries enforcement units to support enforcement and community engagement, outreach, and awareness of marine regulations.

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

     SECTION 7.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:

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Report Title:

Department of Land and Natural Resources; Community-Based Marine Resources Grant Program; Appropriation

 

Description:

Establishes the community-based marine resources grant program.  Appropriates funds to DLNR for positions and programs in support of community based co-management of near shore marine resources.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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