Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water, Land, Energy and Environment, to which was referred H.B. No. 2537 entitled:

begs leave to report as follows:

The purposes of this measure are to expand the Department of Land and Natural Resource's authority to possess or use chemicals, electrofishing devices, explosives, and other fishing gears that would normally be unlawful, when no other reasonable alternative exists, to expand the Department's authority to permit non-consumptive activities that are otherwise prohibited by law, and to clarify that permits issued for chemicals and electrofishing devices include possession or use of such devices.

Testimony in support of this measure was received from the Department of Land and Natural Resources.

Your Committee has heard that recent developments in fishing gear technology, watchable wildlife programs, and alien species infestations have highlighted the Department's limited authority to deal with these issues. This measure would expand and clarify their authority to better manage the State's aquatic resources.

Your Committee previously approved S.B. No. 2795, S.D. 1, and has amended this measure to incorporate the same changes. As amended, the measure deletes proposed language that would have given the Department the authority to use explosives or to issue permits for the use of explosives, and requires the Department to consider using chemicals or electrofishing devices only when no other reasonable alternative is appropriate, and in accordance with established procedures and with proper training.

As affirmed by the record of votes of the members of your Committee on Water, Land, Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2537, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2537, S.D. 1, and be referred to the Committee on Judiciary.