STAND. COM. REP. NO. 1146

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 1706
                                        H.D. 3
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Economic Development, to which was
referred H.B. No. 1706, H.D. 3, entitled: 

     "A BILL FOR AN ACT RELATING TO FISHERIES,"

begs leave to report as follows:

     The purpose of this measure is to limit the practice of
shark finning at sea.

     Specifically, this measure prohibits the sale of shark fins
unless the shark has been landed whole in the State.

     Testimony in support of this measure was received from the
Board of Land and Natural Resources, the Department of Business,
Economic Development, and Tourism, the Department of Health, the
Office of Hawaiian Affairs, the Kaho`olawe Island Reserve
Commission, the Environmental Center of the University of Hawaii,
Hawaii Fishermen's Foundation, Conservation Council for Hawaii,
Earthjustice Legal Defense Fund, Earthtrust, EnviroWatch, Inc.,
Greenpeace, the Hawaii Audubon Society, the Hawaii Green Party,
Life of the Land, the Sierra Club, Hawaii Chapter, Diamond Bay
Specialty Seafoods Hawaii, and numerous concerned citizens.

     Testimony in opposition to the measure was received from the
Western Pacific Regional Fishery Management Council, the Boat
Owners Association of the State of Hawaii, the Honolulu Agency,
Inc., Ocean Catch, Inc., R.C. International Inc., Norko Marine
Agency, Inc., and forty concerned boatowners or fishermen.

 
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     Your Committee finds that the practice of harvesting sharks
for their fins only and discarding the rest of the fish is
wasteful and sadistic.  Once the dorsal, pectoral, and tail fins
have been sliced off, the stunned shark is thrown overboard and
left to die slowly.  The waste involved in this practice is
offensive to many citizens of the State and particularly to
native Hawaiians.

     Your Committee notes, however, that there is conflicting
evidence concerning the effects of the shark finning practice on
shark stocks in the Pacific.  According to testimony of the
Western Pacific Regional Fishery Management Council, "It is the
blue shark which constitutes virtually the entire shark catch of
the Hawaii-based longline fleet.  There is no evidence at this
time that blue sharks are being harvested in the Council's area
of jurisdiction beyond sustainable limits."

     Your Committee also notes that this measure does not prevent
fishermen from landing a shark, removing its fins, and disposing
of the carcass on land.

     Your Committee believes that, in the face of conflicting
evidence, this measure is an important interim step in
controlling the practice of harvesting sharks for their fins
only, until there is further scientific evidence that this is not
a serious problem.  Therefore, your Committee is passing this
measure in order to continue the discussion of the range of
concerns relating to this important and controversial issue.

     Your Committee has amended this measure by revising the
definition of "whole" as it relates to a landed shark.  This new
definition allows fishermen to remove the tail and bleed the
shark upon immediate capture, thereby lowering the urea level and
rendering the fish edible.

     As affirmed by the record of votes of the members of your
Committee on Economic Development that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 1706, H.D. 3, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B.
No. 1706, H.D. 3, S.D. 1, and be referred to the Committee on
Water, Land, and Hawaiian Affairs.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Economic
                                   Development,



                                   ______________________________
                                   LORRAINE R. INOUYE, Chair

 
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