Bill Text: HI HR179 | 2010 | Regular Session | Introduced

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Bill Title: Prohibition Against Shark Feeding by Shark Tours.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2010-03-12 - (H) Referred to WLO, FIN, referral sheet 48 [HR179 Detail]

Download: Hawaii-2010-HR179-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	179
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

HOUSE RESOLUTION

 

 

requesting the department of land and natural resources to enforce the prohibition against shark feeding in state marine waters.

 

 

 

     WHEREAS, sharks, called "mano" in the Hawaiian language, carry great cultural, historical, and spiritual significance for many native Hawaiians, native Hawaiian practitioners, and others who value the Hawaiian culture; and

 

     WHEREAS, sharks are revered and regarded by many native Hawaiians as their "‘aumakua," a protective ancestral spirit; and

 

     WHEREAS, in 2002, the Legislature enacted section 188-40.6, Hawaii Revised Statues (HRS), which made it "unlawful for any person to conduct any activity related to the feeding of sharks in state marine waters"; and

 

     WHEREAS, the only exception to the law, as codified in section 188-40.6, HRS, is the feeding of sharks for traditional Hawaiian cultural or religious practices that is not associated with commercial activity; and

 

     WHEREAS, despite the clear outlawing of shark feeding as outlined in section 188-40.6, HRS, shark tours, which take paying customers out to sea to view sharks, routinely and continuously feed sharks and use attractants to attract, hold, and reward sharks near the viewing sites; and

 

     WHEREAS, some ocean users near the shark feeding and shark viewing sites have reported increased sightings of and encounters with sharks because of illegal shark feeding; and
     WHEREAS, recent studies reveal that illegal shark feeding by tour operators has caused larger, more aggressive species of shark--including Galapagos and Tiger sharks—-to displace smaller sharks from cage diving sites; and

 

     WHEREAS, illegal shark feeding by shark tours is disruptive to the ocean environment, disrespectful of native Hawaiians, and contemptuous of the law; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, that the Department of Land and Natural Resources (DLNR) is requested to:

 

     (1)  Enforce the prohibition of shark feeding under section 183-40.6, HRS, against "any activity related to the feeding of sharks in state marine waters"; and

 

     (2)  Prohibit the operation of shark tours that involve feeding or the use of any other attractants to attract and reward sharks for viewing;

 

and

 

     BE IT FURTHER RESOLVED that when receiving complaints of a violation of section 183-40.6, HRS, DLNR is requested to immediately investigate the complaint; and

    

     BE IT FURTHER RESOLVED that DLNR is also requested to:

 

     (1)  Engage in routine on-site monitoring of existing shark tours as part of the enforcement effort;

 

     (2)  Cooperate with and assist the appropriate federal agencies in the enforcement of the federal ban against shark feeding beyond state marine waters; and

 

     (3)  Submit a report on the actions taken pursuant to this resolution to the Legislature, no more than 20 days before the convening of the Regular Session of 2011;

 

and

 

     BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Prohibition Against Shark Feeding by Shark Tours.