Establishes a limu management area along the shoreline in Ewa Beach. Provides an exception for native Hawaiian gathering rights. Requires DLNR to establish rules for the limu management area. (CD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that the natural supply of limu along the shores in Ewa beach is rapidly diminishing. This is due in part to overharvesting of limu during the past four years. As a result, many types of limu, including huluhulu waenae, lipoa, and ‘a‘ala ‘ula, can no longer be found or are at risk of extinction in this area.

The purpose of this Act is to preserve and sustain the limu supply by establishing a limu management area along the shoreline of Ewa beach on Oahu.

SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§188-   Limu management area. (a) There is established a limu management area from the shoreline and extending one hundred fifty feet seaward in Ewa beach from the gunnery range to the boat ramp on Muumuu street.

(b) No person, including a person with a commercial fishing license, shall pick, gather, harvest, or otherwise take limu from within the limu management area beginning no sooner than January 1, 2007; provided that this section shall not apply to a person who has obtained a special permit to pick limu for purposes of replanting.

(c) Beginning no sooner than January 1, 2010, a person, including a person with a commercial fishing license, may hand-pick limu in the limu management area from 6:00 a.m. to 6:00 p.m., only during the months of July, November, and December of each year. A maximum of one pound for all types of limu combined may be hand-picked per day by any person, including any person possessing a commercial fishing license.

(d) This section shall not apply to any person exercising native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department of land and natural resources pursuant to Article XII, Section 7 of the Hawaii State Constitution.

(e) The department of land and natural resources shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on December 31, 2006.