Prohibits the selling of opihi. (SD1)

A BILL FOR AN ACT

SECTION 1. In recent years, the number of edible opihi found in Hawaii has declined. The popularity of opihi as a delicacy has led to overharvesting on the island of Oahu and has made opihi difficult to find on the neighbor islands.

The blackfoot opihi (cellana exarata), also known as "makaiauli," once the most common limpet in Hawaiian waters, is found in the upper wash of waves. The yellowfoot opihi (cellana sandwicensis), also known as "alinalina," is the preferred species for eating. It is found in the wash of waves, roughly between the habitats of the blackfoot opihi and ko'ele, the third type of edible opihi in Hawaii. Ko'ele is also known as the "kneecap" opihi (cellana talcosa). There is also a fourth type of opihi (cellana meanostoma) observed in Kauai that probably also could be found in Niihau.

Although opihi can be collected year round, opihi shells must be at least one and a quarter inches wide, or the meat a half inch wide, to legally harvest them in Hawaii.

The purpose of this Act is to prohibit the sale of all Hawaiian species of edible opihi.

SECTION 2. Section 188-42.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§188-42.5[]] Hihiwai, hapawai, opihi, and opae kala`ole selling prohibited. It shall be unlawful for any person at any time to sell or offer for sale any hihiwai, hapawai, opihi, and opae kala`ole taken from any of the waters within the jurisdiction of the State. Taking more than one quart of opihi, measured with its shell on, from any of the waters within the jurisdiction of the State shall be presumed to be collected for commercial sale purposes and shall be prohibited.

As used in this section, "opihi" means all known Hawaiian opihi species, including cellana exarata (blackfoot), cellana sandwicencis (yellowfoot), cellana talcosa (ko'ele), and cellana melanostoma."

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 Statutory material to be repealed is bracketed and stricken.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.