STAND. COM. REP. NO. 155

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 34
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Ocean Recreation and Marine Resources, to
which was referred H.B. No. 34 entitled: 

     "A BILL FOR AN ACT RELATING TO AQUATIC RESOURCES,"

begs leave to report as follows:

     The purpose of this bill is to:

     (1)  Amend or repeal certain aquatic resources laws related
          to licenses, permits, bag limits, sales restrictions,
          prohibitions, open and closed seasons, fishing gear,
          area restrictions, and net sizes; and

     (2)  Transfer authority to the Department of Land and
          Natural Resources (DLNR) to adopt administrative rules
          implementing or replacing the amended or repealed
          statutes.

     DLNR, the Environmental Center of the University of Hawaii-
Manoa, Sierra Club-Hawaii Chapter, Hawaii Audubon Society, Hawaii
Fisherman's Foundation, BOATS/HAWAII Inc., and Hawaii's Thousand
Friends testified in support of this measure.  Several fishers
opposed this measure.

     Presently, the State requires management of fisheries
resources through statutory enactment.  As a result, changes to
the law can only occur when the Legislature is in session.  As a
result, public hearings during the legislative session are
generally limited to Oahu.

 
 
                                 STAND. COM. REP. NO. 155
                                 Page 2

 
     If administrative rules replace statutes, DLNR can schedule
public hearings throughout the year.  In many cases, these
hearings can be held throughout the State or on the island
directly affected by the proposed rules.  This will allow for
more flexibility in scheduling and encourage broader
participation in the decision-making process.

     Your Committee has amended this bill by:

     (1)  Authorizing DLNR to adopt rules relating to the taking
          of bait fish in Section 2; and

     (2)  Deleting the provisions in Section 17 which would have
          established the effective date of each repealed or
          amended section to coincide with the original effective
          date of the implementing rule or rules adopted by DLNR
          regulating the taking of aquatic resources and the
          gears or methods to take aquatic resources because the
          administrative rules have already been adopted.

     As affirmed by the record of votes of the members of your
Committee on Ocean Recreation and Marine Resources that is
attached to this report, your Committee is in accord with the
intent and purpose of H.B. No. 34, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as H.B. No. 34, H.D. 1, and be referred to the Committee
on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Ocean Recreation
                                   and Marine Resources,



                                   ______________________________
                                   ROY M. TAKUMI, Chair