Bill Text: HI SB2284 | 2022 | Regular Session | Amended
Bill Title: Relating To Aquaculture.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2022-06-27 - Act 134, on 06/27/2022 (Gov. Msg. No. 1235). [SB2284 Detail]
Download: Hawaii-2022-SB2284-Amended.html
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THE SENATE |
S.B. NO. |
2284 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO AQUACULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that diversification of the State's economy is necessary to lessen economic dependence on tourism and respond to the economic downturn exacerbated by the coronavirus disease 2019 pandemic. Supporting local aquacultural production can help the State move toward greater food sustainability and expand a home-based workforce. The legislature further finds that seafood demand outpaces supply, and world fishery resources are quickly depleting. There is significant growth potential for the aquaculture industry in the State and for aspiring entrepreneurs looking to establish themselves in this global emerging industry.
Accordingly, the purpose of this Act is to:
(1) Establish provisions relating to the department of agriculture's governing of the business of aquaculture;
(2) Grant exclusive property rights to persons who lawfully obtain the cultured progeny of wild plants and animals by brood stock acquisition;
(3) Authorize the department of agriculture to regulate the transportation, purchase, possession, and sale of specific aquaculture products as may be necessary to protect indigenous species; and
(4) Require the department of agriculture to prepare programmatic environmental impact reports.
SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part
. Aquaculture
§141-A Definitions. As
used in this part:
"Aquaculture" means any form of agriculture
devoted to the propagation, cultivation, maintenance, and harvesting of aquatic
plants and animals in marine, brackish, and fresh water. The term "aquaculture" does not include
species of ornamental marine or freshwater plants and animals that are not utilized
for human consumption or bait purposes and that are maintained in closed systems
for personal, pet industry, or hobby purposes.
"Chairperson" means the chairperson
of the board of agriculture.
"Department" means the department of
agriculture.
"Indigenous species" means any aquatic
life, wildlife, or land plant species growing or living naturally in Hawaii without
having been brought to Hawaii by humans.
"Person" means any natural person or
any partnership, corporation, limited liability company, trust, or other type of
association.
§141-B Aquaculture program. (a) There is established within the department an aquaculture program that shall:
(1) Monitor actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aquaculture activities;
(2) Serve as an information clearinghouse for aquaculture activities;
(3) Coordinate development projects to investigate and solve biological and technical problems involved in raising selected species with commercial potential;
(4) Actively seek federal funding for aquaculture activities;
(5) Undertake activities required to develop and expand the aquaculture industry; and
(6) Perform other functions and activities that may be assigned by law.
(b) The chairperson may employ temporary staff exempt from chapter 76 for the aquaculture program.
§141-C Fees for aquaculture services. The department of agriculture may establish and assess fees pursuant to chapter 91 for:
(1) Aquatic animal and plant health diagnostic services; and
(2) Any items or expert services purchased from the department related to aquaculture planning, aquaculture disease management, and the marketing of seafood products;
provided that the assessment of these fees does not violate any provisions of this chapter.
§141-D Aquaculture development special fund. (a) There is established in the state treasury the aquaculture development special fund into which shall be deposited:
(1) Appropriations from the legislature;
(2) Moneys collected as fees for special microbiological and histological procedures and expert aquaculture-related services;
(3) Moneys collected from the sale of any item related to aquaculture development that is purchased from the department;
(4) Moneys directed to the aquaculture program from any other sources, including but not limited to grants, gifts, and awards; and
(5) Moneys derived from interest, dividend, or other income from the above sources.
(b) Moneys in the aquaculture development special fund shall be used to:
(1) Implement the aquatic disease management programs and activities of the department, including the provision of state funds to match federal grants; and
(2) Support research and development programs and activities relating to the expansion of the state aquaculture industry. Research and development programs and activities funded under this paragraph may be conducted by department personnel or through contracts with the University of Hawaii or other qualified persons.
§141-E Powers, duties, and activities of the department.
(a) The business of aquaculture shall
be governed by this part and shall be exempt from any other provisions relating
to the harvesting, processing, and marketing of cultured aquatic life.
(b) Except
as provided in this part, the business of aquaculture processing, distribution,
and marketing shall be administered by the chairperson.
(c) The
chairperson may enter into an agreement with the chairperson of the board of land
and natural resources for the resolution of any conflict regarding jurisdiction
that arises under this part.
(d) Any
costs incurred by the department in implementing this part shall be recovered pursuant
to this part.
§141-F Brood
stock acquisition; exclusive property rights. The
cultured progeny of wild plants and animals lawfully obtained by brood stock acquisition
are the exclusive property of the person who cultured them or that person's successor
in interest.
§141-G Protection
of indigenous species. (a) When
necessary for the protection of indigenous species, the department may regulate
the transportation, purchase, possession, and sale of specific aquaculture products
as provided for in this section.
(b) The
department may determine that aquaculture products shall be accompanied by a document
containing any of the following information:
(1) The name, address, and registration number of the aquaculture producer;
(2) The species;
(3) The weight, volume, or count within the container;
(4) The date of the shipment; and
(5) The name and address of the intended receiver.
(c) The department may require that certain aquaculture products be additionally identified as having been produced by aquaculture.
§141-H Programmatic
environmental impact reports. (a) The
department shall prepare programmatic environmental impact reports for existing
and potential commercial aquaculture operations in both coastal and inland areas
of the State if both of the following conditions are met:
(1) Funds are appropriated to the department for this purpose; and
(2) Matching funds are provided by the aquaculture industry.
(b) For purposes of this section, "matching funds" includes but is not limited to any funds expended by the aquaculture industry before January 1, 2022, for the preparation of a programmatic environmental impact report.
§141-I
Rulemaking authority. The
department shall adopt rules pursuant to chapter 91 to effectuate the purpose
of this part."
SECTION 3. Section 26-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The department shall:
(1) Promote the conservation, development, and utilization of agricultural resources in the State;
(2) Assist the farmers of the State and any others engaged in agriculture by research projects, dissemination of information, crop and livestock reporting service, market news service, and any other means of improving the well-being of those engaged in agriculture and increasing the productivity of the lands;
(3) Administer the
programs of the State relating to animal husbandry, entomology, farm credit, development
and promotion of agricultural products and markets, and the establishment and
enforcement of the rules on the grading and labeling of agricultural products;
and
(4) Administer the
aquaculture program under section [141-2.5.] 141-B."
SECTION 4. Section 141-2.5, Hawaii Revised Statutes, is repealed.
["[§141-2.5] Aquaculture program. (a)
There is established within the department an aquaculture program that
shall:
(1) Maintain
cognizance of actions taken by industry and by federal, state, county, and
private agencies in activities relating to aquaculture, and promote and support
worthwhile aquaculture activities;
(2) Serve as an
information clearinghouse for aquaculture activities;
(3) Coordinate
development projects to investigate and solve biological and technical problems
involved in raising selected species with commercial potential;
(4) Actively seek
federal funding for aquaculture activities;
(5) Undertake
activities required to develop and expand the aquaculture industry; and
(6) Perform such
other functions and activities as may be assigned by law.
(b) The chairperson of the board may employ
temporary staff exempt from chapter 76."]
SECTION 5. Section 141-2.6, Hawaii Revised Statutes, is repealed.
["[§141-2.6] Fees for aquaculture
services. The department of
agriculture may establish and assess fees pursuant to chapter 91 for:
(1) Aquatic animal
and plant health diagnostic services; and
(2) Any items or
expert services purchased from the department related to aquaculture planning,
disease management, and the marketing of seafood products;
provided that the assessment of these fees does
not violate any other provision of this chapter."]
SECTION 6. Section 141-2.7, Hawaii Revised Statutes, is repealed.
["[§141-2.7] Aquaculture development
special fund. (a) There is established in the state treasury
the aquaculture development special fund into which shall be deposited:
(1) Appropriations
from the legislature;
(2) Moneys
collected as fees for special microbiological and histological procedures and
expert aquaculture-related services;
(3) Moneys
collected from the sale of any item related to aquaculture development that is
purchased from the department;
(4) Moneys directed
to the aquaculture development program from any other sources, including but
not limited to grants, gifts, and awards; and
(5) Moneys derived
from interest, dividend, or other income from the above sources.
(b) Moneys in the aquaculture development special
fund shall be used to:
(1) Implement the
aquatic disease management programs and activities of the department, including
provision of state funds to match federal grants; and
(2) Support research
and development programs and activities relating to the expansion of the state
aquaculture industry. Research and
development programs and activities funded under this paragraph may be
conducted by department personnel or through contracts with the University of
Hawaii or other qualified persons."]
SECTION 7. The department of agriculture shall acquire land for the purposes of aquaculture.
SECTION 8. 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 2022-2023 for four full-time equivalent (4.0 FTE) positions within the department of agriculture for the purposes of this Act.
The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 9. 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 2022-2023 for operating costs for research, outreach, and marketing and to carry out the purposes of this Act.
The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 10. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 12. This Act shall take effect on July 30, 2075.
Report Title:
Aquaculture; Department of Agriculture; Aquaculture Program; Appropriation
Description:
Establishes provisions relating to the department of agriculture's governing of the business of aquaculture. Grants exclusive property rights to persons who lawfully obtain the cultured progeny of wild plants and animals by brood stock acquisition. Authorizes the department of agriculture to regulate the transportation, purchase, possession, and sale of specific aquaculture products as may be necessary to protect indigenous species. Requires the department of agriculture to prepare programmatic environmental impact reports and acquire land for aquacultural purposes. Makes appropriations. Effective 7/30/2075. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
