Requires DLNR to assess for effectiveness and implement the various marine management tools to address the depleting marine resources of the State. Appropriates funds for the assessment and implementation and additional DLNR enforcement personnel. (SD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that the fish marine resources of the state of Hawaii are declining. 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 through ahupua`a management practices, increased enforcement of existing and new fishing laws, fishing licenses, bag limits, slotting, seasonal closures, netting limitations, fish propagating programs, invasive species control and eradication, fish aggregating devices, additional artificial reefs, and prevention of resource pollution from run-offs.

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 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 legislature stresses importance of coordinating federal and state restoration efforts through proper communication, as well as through seasonal closures based on spawning cycles. The legislature realizes that this alone will not solve all of the marine resource problems; however, it is an imperative step toward better marine management practices.

The purpose of this Act is to require the department of land and natural resources to:

SECTION 2. The department of land and natural resources shall:

The department of land and natural resources, in assessing the various marine management tools, through a variety of methods, 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 in balance with the long-standing economic health of the State and with the social and traditional practices of all 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 provide:

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, prioritization, and implementation of effective measures and programs to increase Hawaii's fish population now and in the future; provided that:

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, 2020.