Bill Text: HI SB2174 | 2016 | Regular Session | Amended
Bill Title: Sea Urchins; Department of Land and Natural Resources; Harvesting Restrictions
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-02-19 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2174 Detail]
Download: Hawaii-2016-SB2174-Amended.html
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THE SENATE |
S.B. NO. |
2174 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SEA URCHINS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the marine ecosystem of Hawaii is a crucial part of the state's ecological and cultural heritage and that, without the protection of the State, that ecosystem can be placed in jeopardy. In June 2015, mass harvesting of sea cucumbers caused the department of land and natural resources to enact an emergency rule banning any further harvesting of sea cucumbers. In December 2015, the department of land and natural resources enacted a permanent ban on large scale commercial harvesting of sea cucumbers, and the department continues to monitor populations of sea cucumbers to determine whether the new rules will keep sea cucumber populations at sustainable levels.
The legislature further finds that sea urchins are also an important component of the marine ecosystem of Hawaii. Sea urchins are considered a delicacy in many areas of the world, and large scale commercial harvesting could have a similar devastating effect on populations of sea urchins as it has had on populations of sea cucumbers.
The purpose of this Act is to limit the number of sea urchins that may be harvested without a permit, and to empower the department of land and natural resources to regulate future harvesting of sea urchins.
SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§188- Sea urchins; restrictions. (a) Except as provided in subsection (d), it shall be unlawful for any person to take, collect, or harvest three or more sea urchins within a one-day period without a permit issued by the department of land and natural resources;
(b) The department of land and natural resources may issue permits to take, collect, or harvest three or more sea urchins within a one-day period. The permits may be issued by the department upon terms and conditions the department may deem necessary to preserve the sustainable population of sea urchins within state waters. The permit may be summarily revoked for a violation of any term or condition of the permit, and any or all permits may be revoked summarily whenever, in the judgment of the department, the action is necessary to preserve the sustainable population of sea urchins within state waters.
(c) The department of land and natural resources may adopt rules pursuant to chapter 91 for the purposes of this section.
(d) This section shall not apply to any person exercising native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Sea Urchins; Department of Land and Natural Resources; Harvesting Restrictions
Description:
Restricts any person from taking, collecting, or harvesting three or more sea urchins within a one-day period without a permit, and allows the department of land and natural resources to enact rules related to sea urchin harvesting. Provides an exemption for native Hawaiian gathering rights and cultural practices. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
