Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 185, S.D. 1, H.D. 1, entitled:

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to prohibit net fishing in certain harbors and bays throughout the State.

Upon further consideration, your Committee on Conference amended this bill by replacing its contents with a single new section to be inserted in chapter 188, Hawaii Revised Statutes, to prohibit all forms of net fishing in a portion of Hanamaulu Bay in Kauai.

Your Conference Committee met to discuss this bill on several occasions, and carefully considered the net fishing restrictions contained in various versions of this measure. Your Conference Committee understands that the problem to be addressed is a user conflict issue and not one of resource conservation.

Your Conference Committee finds that this is a very complex issue, with compelling arguments on both sides. It would be difficult to reach a compromise that would satisfy both user groups. On one hand, recreational pole fishermen are frustrated when their efforts to catch akule are unsuccessful, particularly when net fishermen are catching large schools in nearby waters.

On the other hand, the commercial net fishermen provide the only means to meet the reported statewide market demand of fifty tons of akule per day. A large number of akule customers are senior citizens who rely on this fish as an inexpensive source of protein. DLNR estimates that the price of akule would at least double or possibly triple in price without net fishing. In addition, many of the commercial net fishermen are Hawaiians who have been net fishing for generations.

Taking these factors into consideration, your Conference Committee believes that it makes sense at this time to prohibit net fishing only in Hanamaulu bay. DLNR is currently in the process of reviewing net fishing restrictions in other harbors and bays within the State, and your Conference Committee believes that DLNR should have the opportunity to carefully examine this issue before adopting rules.

Your Conference Committee also agreed to insert a provision to repeal this bill as of June 30, 2003. A two-year ban on net fishing will enable the State to review the impacts of the ban, so that the issue can be revisited.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 185, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 185, S.D. 1, H.D. 1, C.D. 1.