STAND. COM. REP. NO. 2241

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2712
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Economic Development, to which was
referred S.B. No. 2712 entitled: 

     "A BILL FOR AN ACT RELATING TO FISHERIES,"

begs leave to report as follows:

     The purpose of this measure is to limit the harvest and
trade of shark fins, unless the fins were taken from a shark
landed whole in the State; and to subject violators to forfeiture
of fins, commercial marine license, and fishing equipment as well
as an administrative fine of $15,000.

     Testimony in favor of this measure was submitted by the
Department of Land and Natural Resources, the Office of Hawaiian
Affairs, the Kaho`olawe Island Reserve Commission, Hawaii
Fishermen's Foundation, Hawaii Audubon Society, Sierra Club,
Hawai`i Chapter, EnviroWatch, Inc., Environmental Defense,
Annette's Adventures, and one hundred individuals.  BOATS/HAWAII,
Hawaii Boaters Political Action Association, Hawaii State Pilots,
Hawaii Stevedores, Inc., Aala Ship Service, American Customs
Brokerage Co., Inc., Honolulu Agency, Inc., Mid-Pacific Ship
Agent, Ltd., Norko Marine Agency, Inc., Oceanic Global Trading,
Finest Kind Marine Distributors, Inc., HSI Electric, Dance
America, USA, and two individuals submitted testimony in
opposition.  The Western Pacific Regional Fishery Management
Council, the Environmental Center, University of Hawai`i at
Manoa, Bostim, Inc., Diamond Bay Specialty Seafoods-Hawaii, and
one individual submitted comments.


 
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     Your Committee acknowledges the controversial nature of the
issues addressed in this measure, and the deep commitment of all
those who testified both for and against the bill.  Much of the
available information on the impact of shark fishing is somewhat
contradictory, and there are jurisdictional issues involving
international, U.S., and state-controlled waters as well.

     Your Committee has considered a number of changes to the
measure and is well aware that the bill as amended by this
Committee will continue to be controversial.  However, your
Committee has addressed some of the most critical issues by
amending this measure to:

     (1)  Add the words "raw or dried" to the definition of
          "shark fin" to clarify that it does not include
          processed fins;

     (2)  Amend the definition of "whole" to allow for the
          gutting and cleaning of a shark carcass;

     (3)  Insert the word "seizure" before forfeiture with
          regards to violations;

     (4)  Correct a statute reference;

     (5)  Amend the definition of "harvest" to indicate it refers
          to marine life, which is already defined in the
          section;

     (6)  Exempt vessels that do not off load cargo in the State
          or its territorial waters; and

     (7)  Make technical, nonsubstantive amendments.

     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 S.B. No. 2712, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2712,
S.D. 1, and be referred to the Committee on Water, Land, and
Hawaiian Affairs.


 
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                                   STAND. COM. REP. NO. 2241
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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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