Bill Text: HI HB850 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Lanai; Fisheries; Resource Management; Appropriation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled - Dead) 2012-04-13 - (H) Received notice of all Senate conferees being discharged (Sen. Com. No. 747). [HB850 Detail]

Download: Hawaii-2012-HB850-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	850
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO FISHING.

 

 

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

 

     SECTION 1.  The legislature finds that prior to the discovery of Hawaii by Captain Cook in 1778, fisheries in Hawaii were abundant and resilient, capable of supporting the estimated one million people in Hawaii at that time.  The traditional natural resource management of Hawaiians at that time employed a kapu system to conserve fish stocks.  The kapu system prohibited the catching of certain fishes at certain times of the year, including spawning periods, prohibited the catching of juvenile fish, and encouraged taking only what was needed.  The objective of the traditional resource management system was to preserve and sustain resources for the community that was dependent on those resources for food.

     The State has enacted laws prohibiting fishing in geographical areas, laws with seasonal prohibitions and size limits, and measures banning the sale of certain marine resources, but the system seems to lack the ability to respond to differing situations on different islands and changing conditions.

     In 2007, the legislature enacted Act 212, Session Laws of Hawaii 2007, ". . . to create a system of best practices that is based upon the indigenous resource management practices of moku (regional) boundaries, which acknowledges the natural contours of land, the specific resources located within those areas, and the methodology necessary to sustain resources and the community."  The aha kiole advisory committee created by Act 212 discovered that traditional natural resources management practices can be compatible with western concepts of resource management.  These management tools, however, need to be applied with an understanding of the environmental and ecological conditions affecting the natural resources.  Also critical to the successful application of management practices is the participation and support of the community.

     The legislature recognizes that traditional Hawaiian fishing practices that are a part of traditional natural resources management practices must be adapted to the local environments and ecological conditions to ensure the survival of the community and sustain those natural resources.  Resource management is site-specific.  The community has specific knowledge of the fishery resources that exist in the environment that they are living in and of those resources that are important to them.  They have the knowledge and know the history of what their fishery resources can yield, the patterns and cycles of abundance and scarcity, and specific knowledge of the environmental conditions that affect the fishery.

     The purpose of this Act is to implement a community-based fishery resource management area program for the island of Lana‘i.

     SECTION 2.  Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§188-     Lana‘i community-based fishery resource management area; advisory committee; rules.  (a)  There is designated the Lana‘i community-based fishery resource management area, which shall consist of all state waters and submerged lands around the island of Lana‘i.

     (b)  There is established the Lana‘i community-based fishery resource management area advisory committee, to be placed within the department of land and natural resources for administrative purposes, which shall consist of       members who are residents of the island of Lana‘i and have knowledge of traditional practices in the management of fishery resources.  The members shall be nominated and, by and with the advice and consent of the senate, appointed by the governor as provided in section 26-34.

     The committee shall select a chairperson from among its members.  A majority of members of the committee shall constitute a quorum, and the concurrence of the majority of the members shall be required for any action of the committee.  The members of the committee shall receive no compensation but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties.  The department of land and natural resources shall provide administrative support for the committee.

     (c)  The Lana‘i community-based fishery resource management area advisory committee shall incorporate traditional Hawaiian caretaker (konohiki) practices to develop a community-based fishery resource management area program for the island of Lana‘i to implement traditional fishery management practices for the regulation of fishing and gathering to promote the sustainable use of marine resources.  The committee shall:

(1)  Develop and implement a plan that provides for a management framework for fishery resources that allows for the timely adoption of rules initiated by the committee based on guidelines recommended by the community and the best available data and environmental information;

(2)  Establish a community-based fishery resource management area system that:

         (A)  Identifies species that are important to the community;

         (B)  Develops an understanding of the behavior, biology, and life cycles of species through direct monitoring of the stock by the community; and

         (C)  Considers traditional resource management practices, such as consideration of the periodic cycles of the Hawaiian moon calendar, closures or kapu during spawning of species, size restrictions, and conservation principles to protect immature and breeding stock from being overharvested;

(3)  Conduct community forums to promote among residents and nonresidents acceptance of the basic elements of fishery management that have been adapted for the island of Lana‘i to instill a conservation ethic, to develop community and resource management support and monitoring, and to conserve resources for future generations;

(4)  Implement educational programs in schools, in the department of land and natural resources, in publications, and in community organizations regarding fishing practices that promote care for and nurturing of marine resources; and

(5)  Promote the enforcement of fishing and gathering of marine resources according to the community-based fishery resource management area program through the use of volunteers and community-based resource managers.

     (d)  The committee shall propose rules to the department of land and natural resources to implement the community-based fishery resource management area program established pursuant to subsection (c).  The department shall adopt the rules proposed by the committee pursuant to chapter 91, provided that the public hearing shall be held on the island of Lana‘i."

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 the fiscal year 2011-2012 to establish a community-based fishery resource management area program.

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

     SECTION 4.  This Act shall take effect on January 1, 3000.

 

 

Report Title:

Lana‘i; Fisheries; Resource Management; Appropriation

 

Description:

Designates the Lana‘i community-based fishery resource management area.  Establishes the Lana‘i community-based fishery resource management area advisory committee to develop a community-based fishery resource management area program to implement traditional fishery management practices on the island of Lana‘i.

 

 

 

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