Requires the Department of Land and Natural Resources (DLNR) to assess and study the various marine management tools to address the depleting marine resources of the State. Appropriates funds for the assessment and study and for enforcement personnel for DLNR.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the fish marine resources of the state of Hawaii are in decline. The replenishment and preservation of these resources are vital to the economic, cultural, environmental, health, and social well-being of the state's residents, visitors, and future generations, in addition to global biodiversity.

The legislature also finds that the decline in size, number, distribution, diversity, and quality of important and desirable marine species and habitats may be reversed by implementing a number of marine management tools, including marine managed areas, increased enforcement of existing fishing laws, bag limits, slotting, netting limitations, and fish propagation programs for consumption and restocking.

During the 2005 regular session, the legislature adopted H.C.R. No. 267, H.D. 1, authorizing the house committee on water, land, and ocean resources and the senate committee on water, land, and agriculture, together with the department of land and natural resources, to meet marine resource stakeholders on all islands to discuss the problem of Hawaii's depleting marine resources and the need to adopt measures that would ensure the viability of the resources for present and future generations. The statewide meetings focused on marine managed areas as the management tool of choice for the department of land and natural resources and other stakeholders, including environmentalists. "Marine managed area" means any area of the marine environment established by law or rules that encompasses defined management objectives, including protection of geological, cultural, or natural resources, or that reduces conflicts between user groups. Other stakeholders, such as the fishing community, vehemently opposed the establishment of additional marine managed areas, to such an extent that they raised serious questions regarding the basis and effectiveness of marine managed areas.

The legislature finds that the establishment of additional marine managed areas will have a substantial impact on the fishing community and should not be pursued without a further and meaningful review of the effectiveness thereof and its alternatives.

The legislature also finds that current enforcement of state fishing laws is ineffective. Both proponents and opponents of establishing additional marine managed areas, expressed a complete lack of faith in the State's ability to enforce its fishing laws. The link between ineffective enforcement of the fishing laws and the declining status of our marine resources cannot be avoided and mandates that the enforcement capability of the department of land and natural resources be enhanced.

The purpose of this Act is to require the department of land and natural resources to assess the effectiveness of no-take marine managed areas, study the effectiveness of other marine management tools, and appropriate funds for purposes of this Act.

SECTION 2. The department of land and natural resources

The department of land and natural resources in assessing and studying the various marine management tools shall seek the assistance and input of all stakeholders, including the fishing community. It is the intent of this Act that the means to sustain and enhance the State's marine resources be tempered by and balanced against the economic, social, and traditional-practice needs of the stakeholders.

SECTION 3. The department of land and natural resources shall submit an interim report to the legislature no later than twenty days before the convening of the regular session of 2007 and a final report of its findings and recommendations, including proposed legislation, to the legislature no later than twenty days before the convening of the regular session of 2008. The reports shall include an analysis of the impacts and benefits of its recommendations, a record of the stakeholder's assistance and input, and shall provide the supporting rationale and data for the recommendations being proposed.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2006-2007 for the assessment and study of the effectiveness of the various marine management tools; provided that any unexpended or unencumbered funds at the close of fiscal year 2006-2007 may be expended or encumbered during fiscal year 2007-2008 and shall not lapse until June 30, 2008.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2006-2007 to provide

additional positions to assist in the enforcement of the State's fishing laws.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 6. This Act shall take effect on July 1, 2006.