Clarifies that, under the marine life conservation program, state marine waters shall extend from the upper reaches of the wash of the waves on shore seaward for three nautical miles, which constitutes the State's police power and management authority. (HB791 HD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that the current definition of state marine waters under the marine life conservation program is unclear and ambiguous. The lack of a precise definition of the state's authority over the ocean causes confusion over issues such as seafloor permitting, fishing regulations, and police authority.

The legislature further finds that the federal government extends its police jurisdiction to twelve nautical miles from shore, which constitutes the United States territorial sea, and generally considers state jurisdictions to extend three nautical miles from shore. Although Hawaii would exercise more control by extending state police power and management authority to the limit of the United States territorial sea, there are still concerns and doubts regarding the ability of the State to manage the increased water area.

The purpose of this Act is to clarify that, under the marine life conservation program, state marine waters shall extend from the upper reaches of the wash of the waves on shore seaward for three nautical miles, which constitutes the State's police power and management authority.

SECTION 2. Section 190-1.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§190-1.5[]] State marine waters. As used in this chapter, state marine waters shall be defined as extending from the upper reaches of the wash of the waves on shore seaward [to the limit of the State's police power and management authority,] for three nautical miles, which constitutes the State's police power and management authority, including that part of the United States territorial sea[,] that lies within those boundaries, notwithstanding any law to the contrary."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.