STAND

STAND. COM. REP. NO. 62-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2056

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 2056 entitled:

"A BILL FOR AN ACT RELATING TO COMMUNITY-BASED MARINE COMANAGEMENT,"

begs leave to report as follows:

The purpose of this bill is to create a framework to protect Hawaii's declining marine species and marine habitats by establishing community-based marine comanaged areas (comanaged areas) to be overseen by state resource managers working with facilitated input from comanaged area councils (councils) and a statewide comanaged area advisory board (advisory board).

Ocean Law & Policy Institute of the Pacific Forum CSIS, Pacific Fisheries Coalition, West Hawaii Fishery Council, Sierra Club, Hawaii Chapter, and three concerned citizens submitted testimony in support of this bill. Matson Navigation Company submitted testimony in support of this measure, with amendments. Two concerned citizens submitted comments on this measure. The Department of Land and Natural Resources (DLNR), Sailing Shipps Ltd dba Gemini Chaters, Hawaii Near Shore Fishermen, and numerous concerned citizens submitted testimony in opposition to this bill.

Your Committee finds that there have been dramatic declines in the size, number, distribution, and quality of a wide variety of important and desirable native marine species and habitats and that traditional Hawaiian stewardship practices can be utilized to restore marine species and maintain long-term sustainability.

Your Committee also finds that many communities and marine resource users are ready, willing, and able to assist the State in developing an appropriate and effective means of meshing traditional Hawaiian marine management practices with western management practices to address the decline in the conditions of the State's marine resources.

Your Committee has amended this bill to reflect the proposed H.D. 1 circulated during the public hearing of this bill. The amendments, among other things, increase DLNR's flexibility in implementing this bill and provide more autonomy and input to local communities by:

(1) Authorizing, rather than mandating, DLNR to:

(A) Facilitate the creation of the comanaged areas;

(B) Facilitate and encourage community involvement in resource management decisions and rules through the councils; and

(2) Deleting the inclusion of the following requirements for any framework management plan established by DLNR:

(A) Regulation of all local degrading inputs and activities, in consultation with other affected agencies;

(B) Consideration of appropriate opportunities for collaboration with local communities and organizations interested in management activities;

(C) Cooperation with state, county, and federal agencies to address land-based threats or land-based degradation to comanaged areas; and

(D) Coordination with state, county, and federal agencies to provide effective education and outreach to the general public regarding comanaged areas;

(3) With regard to rulemaking:

(A) Authorizing, rather than mandating, DLNR to adopt rules relating to the council's use, control, and protection of the resources and areas within the comanaged area;

(B) Requiring DLNR to integrate the recommendations of the council and advisory board in any draft management rules to be submitted to the Board of Land and Natural Resources (BLNR); and

(i) Submit an ecosystem based management plan before developing rules where no council has been established; and

(ii) Submit the recommendations of the council to BLNR along with proposed rules;

(4) Deleting the mandate that DLNR not permit users to conduct activities in a comanaged area unless the user demonstrates to a reasonable certainty that the use will not degrade marine resources, and substituting the requirement that DLNR to adopt the precautionary approach in the management of comanagement areas;

(5) Deleting the specific comanaged area prohibition against degrading activities that adversely affect coral reef species and habitat;

(6) Providing that fishing in a comanaged areas shall not be completely prohibited;

(7) Deleting the section of the bill that makes it an unlawful act to:

(A) Degrade any resource in a comanaged area;

(B) Possess, sell, buy, or transport resources of a comanaged area that is probibited by law; and

and

(8) Clarifying that a moku may include a combination of moku where appropriate.

Your Committee also made technical, nonsubstantive amendments for purposes of clarity, style, and consistency.

Your Committee's lengthy discussion on this bill included:

(1) The desired level of state control and participation in the establishment and operation of the comanaged area program verses the local communities;

(2) Existing and overlapping state programs and how they differ from the scope and focus of the comanaged area program, e.g., the Aquatic Life and Wildlife Advisory Council; and

(3) The ongoing efforts of DLNR to manage marine resources at the community level.

Your Committee finds that the issues presented in this bill will profoundly effect the marine resources of the State and accordingly this bill should be subjected to a further and in-depth examination of the important issues by the Committee on Judiciary.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2056, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2056, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

		____________________________ EZRA R. KANOHO, Chair