Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred S.B. No. 185, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to:

Initially, your Committee conducted a public hearing at the State Capitol on March 19, 2001. Twenty-one individuals submitted testimony in support of this measure. DLNR opposed this bill, preferring the administrative rule process to resolve these user conflict issues. Two commercial akule fishermen also opposed this measure. The State Senator from the Seventh District (South Kauai, Niihau) and the Environmental Center of the University of Hawaii at Manoa offered comments.

Based on the testimony, your Committee finds that contrary to section 1 of this bill, the problem is a user conflict issue and not one of resource conservation.

On April 3, 2001, your Committee scheduled a meeting at Lihue, Kauai, because of:

(2) The need for more information; and

(3) The controversial nature of this issue.

At the outset of the meeting, leaders of both factions were asked to select designated spokespersons and to avoid making duplicative statements. Accordingly, out of the 90 persons in attendance, 13 made presentations. Four supported the measure, six were opposed, and three offered comments.

Your 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 50 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.

Upon further consideration, your Committee has amended this bill by deleting its substance and inserting provisions that would prohibit the taking of marine life with a net within the "no netting zones" in Nawiliwili Harbor, Port Allen Harbor, and Hanalei Bay. More specifically, your Committee has:

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 185, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 185, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.