STAND. COM. REP. NO. 640-06
Honolulu, Hawaii
, 2006
RE: H.B. No. 1930
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2006
State of Hawaii
Sir:
Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 1930 entitled:
"A BILL FOR AN ACT RELATING TO FISHING,"
begs leave to report as follows:
The purpose of this bill is to promote and preserve the ahupuaa of Haena in Kauai as a subsistence fishery resource for inhabitants of the ahupuaa by designating as the Haena Community-based Subsistence Fishing Area (Haena Fishing Area), all state waters that are continguous to the ahupuaa.
The Office of Hawaiian Affairs, The Nature Conservancy, Hanalei Watershed Hui, Association of Hawaiian Civic Clubs, Hawaii Reserves, Inc., Native Hawaiian Legal Corporation, Limahuli Garden and Preserve of the National Tropical Botanical Garden, and several concerned individuals testified in support of this bill. The Department of Land and Natural Resources (DLNR), Community Conservation Network, and Pacific Islands Resource Management Institute supported this measure with amendments. The Ocean Tourism Coalition, Hawaii Nearshore Fishermen, Captain Andy's Sailing, Inc., Kayak Kauai, Kauai Sea Tours, Outfitters Kauai, Lahaina Divers, Frogman Charters, Maui-Molokai Sea Cruises, Aqua Lung Pacific, Maui Dive Shop, Holoholo Charters, Inc., Na Pali Kayak, and several concerned individuals opposed this measure.
Your Committee considered setting the following boundaries for the Haena Fishing Area:
(1) Western boundary: The same as the boundary between Haena State Park and Na Pali State Park;
(2) Eastern boundary: The boundary between Haena and Wainiha as specified in the tax map key of the county of Kauai; and
(3) Seaward boundary: One mile from shore following the contours of the coast line.
However, after discussion, your Committee decided to leave the fixing of the boundary to an inclusive community process. To further promote the inclusive process, your Committee has amended this bill by:
(1) Providing for the regulation, rather than the prohibition, of certain enumerated activities in the bill, such as commercial purposes and activities that require commercial marine licenses;
(2) Requiring DLNR, in adopting regulations, to consult with all interested parties of the ahupuaa in addition to the inhabitants;
(3) Authorizing DLNR to determine an appropriate location of the Haena Fishing Area, after consultation with the inhabitants and interested parties of the ahupuaa; and
(4) Making technical, nonsubstantive amendments for clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1930, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1930, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Water, Land, & Ocean Resources,
|
____________________________ EZRA R. KANOHO, Chair |