Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 2501 entitled:

begs leave to report as follows:

The purpose of this measure is to establish a community-based subsistence fishing area in the state marine waters adjacent to the ahupua`a of Ha`ena on the island of Kauai.

Testimony in support of this measure was submitted by the Department of Land and Natural Resources, the Office of Hawaiian Affairs, the Community Conservation Network, the Hanalei Watershed Hui, the Nature Conservancy, and two individuals. Testimony in opposition to this measure was submitted by Aqua Lung Pacific, Frogman Charters, the Hawaii Nearshore Fishermen, Holo-Holo Charters Inc., Kauai Sea Tours, Lahaina Divers, Maui Dive Shop, Maui-Molokai Sea Cruises, Ocean Tourism Coalition, and one individual.

Your Committee finds that the influx of visitors and a growing problem of indiscriminate fishing practices have adversely impacted the fish stocks and the integrity of the coral reefs in the Ha`ena ahupua`a on the northwest coast of Kauai. To help conserve the natural resources in this area, this measure establishes a community-based subsistence fishing area in the ahupua`a of Ha`ena.

Your Committee noted suggestions made by the Community Conservation Network and other individuals and has adopted the following amendments to:

Your Committee has further amended this measure by making technical, nonsubstantive changes for style.

Your Committee finds that the Legislature is tasked with establishing all community-based subsistence fishing areas, and these fishing areas should not be established through administrative rules at the discretion of the Department of Land and Natural Resources. Your Committee is very concerned about this issue and recommends further discussion on amending the provision in this measure, which tasks the Department of Land and Natural Resources with adopting rules for the expansion of the fishing area to include neighboring ahupua`a, to determine if the language should be narrowed.

Your Committee further noted requests to also create a community-based subsistence fishing area for the island of Ni`ihau. Your Committee finds that a community-based subsistence fishing area may be possible; however, creating one through this measure is not appropriate at this time.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2501, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2501, S.D. 1, and be placed on the calendar for Third Reading.