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.C.R. No. 136, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this concurrent resolution is to request the National Marine Fisheries Service to establish an experimental swordfish fishery by adopting alternative turtle mitigation measures and devising turtle-friendly fishing gear and methods, which would allow year-round operations of the swordfish and tuna fisheries.

The Department of Land and Natural Resources testified in support of this measure.

On March 15, 2001, the Hawaii longline fishery was shut down in accordance with an order issued in August 2000, by U.S. District Judge David Ezra in the absence of an environmental impact statement (EIS) required by that order.

On March 29, 2001, the U.S. National Marine Fisheries Service released the final Biological Opinion. On March 30, 2001, the final EIS relative to the Western Pacific Pelagic Fisheries was issued. The final EIS proposed permanent closure of the swordfish fishery and a two-month annual closure of a 1.9 million square mile area south of Hawaii to all Hawaii longliners.

With the submission of the completed EIS, Judge Ezra immediately modified his August 2000 order on March 30, 2001, allowing Hawaii longliners to fish for tuna outside the closed areas.

As cited in this measure, your Committee believes it is grossly unfair that Hawaii's 115 longline vessels would be completely banned from swordfish fishing in the north Pacific and from a 1.9 million square mile area for two months while hundreds of domestic and more than 4,000 foreign longline fishing vessels with higher turtle take rates continue to fish in these areas.

Your Committee has amended this concurrent resolution by:

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 concurs with the intent and purpose of S.C.R. No. 136, S.D. 1, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 136, S.D. 1, H.D. 1.