154
THE SENATE                           S.C.R. NO.            
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO
    DETERMINE THE ALLOCATION OF FISHING RIGHTS.



 1        WHEREAS, the Department of Land and Natural Resources
 2   (DLNR) is the state department constitutionally mandated to
 3   conserve and protect Hawaii's natural beauty and all natural
 4   resources for present and future generations; and
 5   
 6        WHEREAS, the primary mission of DLNR is to safeguard and
 7   manage the natural and cultural resources in Hawaii including
 8   aquatic resources; and
 9   
10        WHEREAS, this mission at times conflicts with various
11   program objectives of the DLNR relating to commercial
12   fisheries; and
13   
14        WHEREAS, there are three main fishing groups: recreational
15   pole and line, net fishing, and commercial hook-and-line; and
16   
17        WHEREAS, the activities of net and commercial fishing have
18   encroached on recreational pole and line fishing; and
19   
20        WHEREAS, commercial fishing in bays and harbors depletes
21   the limited supply of fish available for recreational fishing;
22   and
23   
24        WHEREAS, under the status quo, the demand of all fishers
25   will continue to exceed the fish supply, thus resulting in
26   ongoing disputes among the various fishing groups; and
27   
28        WHEREAS, these circumstances necessitate some restraint on
29   fishing activities to maintain the fish population to
30   accommodate all fishers; and
31   
32        WHEREAS, during the Regular Session of 1999, legislative
33   action to limit net fishing was opposed by DLNR because the
34   department believed more time was needed to resolve the issue;
35   and
36   

 
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 1        WHEREAS, during the Regular Session of 2000, DLNR again
 2   opposed similar legislation because the department was still
 3   searching for a "middle ground to fairly allocate the available
 4   resources among the user groups" and believed "the best way to
 5   do this is to proceed through the administrative rule process
 6   and involve the community in these discussions"; and hence the
 7   problem remains unresolved this legislative session; and
 8   
 9        WHEREAS, DLNR has the statutory authority to draft rules
10   regulating fishing and, therefore, to balance the rights of the
11   fishing groups; and
12   
13        WHEREAS, such rules, upon compliance with chapter 91,
14   Hawaii Revised Statutes, the Administrative Procedure Act,
15   would have the force and effect of law but, to date, rules from
16   the department have not been forthcoming; now, therefore,
17   
18        BE IT RESOLVED by the Senate of the Twentieth Legislature
19   of the State of Hawaii, Regular Session of 2000, the House of
20   Representatives concurring, that the Department of Land and
21   Natural Resources is requested to determine the allocation of
22   the bay and harbor fishing rights among fishers utilizing
23   recreational pole and line, commercial hook-and-line, and nets;
24   and
25   
26        BE IT FURTHER RESOLVED that, prior to the Regular Session
27   of 2001, DLNR is requested to hold public hearings on the
28   allocation of those fishing rights; and
29   
30        BE IT FURTHER RESOLVED that DLNR is requested to draft
31   administrative rules on the use of any draw, drag, seine,
32   purse, bag, or surround gill net in Nawiliwili harbor, Port
33   Allen harbor, Hanalei bay, Wai`eli bay, Hanamaulu bay, and
34   Kahalui harbor, and to submit these rules to the legislature no
35   later than twenty days before the Regular Session of 2001; and
36   
37        BE IT FURTHER RESOLVED that a certified copy of this
38   Concurrent Resolution be transmitted to the Chairperson of the
39   Board of Land and Natural Resources.
40 
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43                         OFFERED BY:  ____________________________