HB2398

Report Title:

Conservation; coastlines

Description:

Provides statutory authority to continue the Hawaii Ocean and Coastal Council.

HOUSE OF REPRESENTATIVES	H.B. NO.	2398
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HAWAII OCEAN AND COASTAL COUNCIL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that just about any activity in Hawaii could be described as having an impact on ocean and coastal resources. Hawaii's historical, cultural, environmental, social, recreational and economic foundations are centered on our State's near-shore waters and coastline. There is a need to establish a permanent mechanism to coordinate the concerns and interests of the multitude of public and private organizations to maximize collaboration and cooperation among groups to eliminate duplication of efforts.

Last year, the governor, pursuant to section 26-41, Hawaii Revised Statutes, and by Executive Order No. 2005-01, established the Hawaii ocean and coastal council to gather information and provide advice and recommendations on direction and planning for addressing Hawaii's ocean and coastal concerns. The Hawaii ocean and coastal council has since initiated the development of coordinated policies.

The purposes of this Act are to:

(1) Statutorily establish a permanent Hawaii ocean and coastal council to continue its special purpose to gather information and provide advice and recommendations on direction and planning for addressing Hawaii's ocean and coastal concerns; and

(2) Affirm the objective of the State to protect Hawaii's resources.

This Act does not create any new function of government or require additional funding.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HAWAII OCEAN AND COASTAL COUNCIL

§ -1 Definition. As used in this chapter, unless the context requires otherwise:

"Council" means the Hawaii ocean and coastal council.

§ -2 Establishment of the Hawaii ocean and coastal council. (a) The Hawaii ocean and coastal council shall provide advice and recommendations on how to:

(1) Address the social, cultural, environmental, economic, and security issues of the State of Hawaii as they relate to ocean and coastal matters;

(2) Identify and understand ocean and coastal concerns from all perspectives;

(3) Organize and streamline the process for addressing ocean and coastal issues;

(4) Explore, pursue, and develop additional sources of funding to address ocean and coastal measures, as appropriate; and

(5) Perform any other function necessary to effectuate the purposes of this chapter.

Notwithstanding any other law to the contrary, the council shall consist of thirty members who shall be appointed by the governor not later than January 1, 2007. The council shall be administratively attached to the department of land and natural resources and shall be composed of:

(1) The chairperson of the board of land and natural resources, ex officio, or designee;

(2) The director, ex officio or designee, of each of the following departments:

(A) Business, economic development, and tourism;

(B) Health;

(D) Transportation;

(3) The chairperson of the board of agriculture, ex officio, or designee;

(4) The director of the office of planning, ex officio, or the director's designee;

(5) The tourism liaison of the office of the governor, ex officio, or designee;

(6) The president of the university of Hawaii, ex officio, or designee;

(7) The chairperson of the marine and coastal zone advisory council, ex officio, or designee;

(8) The chairperson of the university of Hawaii sea grant program, ex officio, or designee;

(9) A representative of the university of Hawaii - school of ocean and earth science and technology;

(10) A representative of the office of Hawaiian affairs;

(11) A representative of the Polynesian Voyaging Society;

(12) A representative of the association of Hawaiian Civic clubs;

(13) A representative of the Hawaii Institute for Marine Biology;

(14) A representative of the county of Hawaii;

(15) A representative of the county of Kauai;

(16) A representative of the county of Maui;

(17) A representative of the city and county of Honolulu;

(18) A representative of the National Oceanic and Atmospheric Administration, National Marine Sanctuaries;

(19) A representative of the National Oceanic and Atmospheric Administration, National Marine Fisheries Service;

(20) A representative of the National Oceanic and Atmospheric Administration, Pacific Services Center;

(21) A representative of the United States Fish and Wildlife Service;

(22) A representative of the United States Department of Agriculture, Natural Resources Conservation Service;

(23) A representative of the United States Army Corps of Engineers;

(24) A representative of the United State Coast Guard;

(25) A representative of the United States Navy;

(26) A representative of the United States Environmental Protection Agency; and

(27) A representative of the Western Pacific Fisheries management council.

(b) The council shall meet no less than twice annually to discuss and assess progress and recommend changes to the ocean and coastal programs.

(d) The chairperson of the board of land and natural resources shall serve as the chairperson of the council and the department of land and natural resources shall be the lead agency. The lead agency shall:

(1) Coordinate all efforts between other departments and federal and private agencies to organize and identify ocean and coastal issues;

(2) Prepare and distribute an annual progress report forty days prior to the convening of each regular session of the legislature to the governor and the legislature that includes the status of each assigned function; and

(3) Any other function of a lead agency necessary to effectuate the purposes of this chapter.

(e) All council members shall serve without compensation but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of their duties and responsibilities of the council."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________