HB2687 SD1

SECTION 1. The legislature finds that over the past ten years, the department of land and natural resources has adopted rules concerning the protection and propagation of introduced and transplanted aquatic life, and the conservation and allocation of the natural supply of aquatic life that have greatly diminished the public's ability to use Hawaii's aquatic resources. In some instances, the public has criticized the department of land and natural resources for setting bottom fish area closures, shoreline access boundaries, and other fishing restrictions in an arbitrary manner without scientific evidence to support the department of land and natural resource's position.

The legislature further finds that the responsibility of protecting our limited natural resources must be balanced with the equally important responsibility of ensuring the public's reasonable use of these resources.

The purpose of this Act is to better understand the impacts of aquatic resource and fishing rules in Hawaii by requiring the department of land and natural resources, in conjunction with a working group consisting of members of the fishing community, to review the effects of its rules, including its lay gill net and bottomfish management rules, and to determine whether the rules are achieving their intended purposes, the anticipated timeframe for achieving the intended purposes, the effect on the resource, general public, and resource users.

SECTION 2. (a) The department of land and natural resources shall:

(1) Form a working group consisting of a member from each of the following categories:

(A) A representative of commercial fishing;

(B) A representative of recreational fishing; and

The working group shall serve without compensation but each shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.

(2) Together with the working group:

(A) Review each rule adopted after January 1, 2008, pursuant to chapters 187A and 188, Hawaii Revised Statutes, concerning the protection and propagation of introduced and transplanted aquatic life or the conservation and allocation of the natural supply of aquatic life in any area, including rules that establish size limits, bag limits, open and closed fishing seasons, specifications and numbers of fishing or taking gear that may be possessed, or that restrict public access to the natural supply of aquatic life, including the effects of its bottomfish management rules and its lay gill net rules;

(B) Determine whether each rule is achieving its intended purpose;

(D) Determine the effects of each rule on the health of the resource; and

(E) Determine the effects of each rule on the general public and user groups.

(b) The department of land and natural resources and the working group shall submit a report, including an analysis of whether the rules are achieving their intended purposes, when they might achieve their intended purposes, and the impact of the rules on the resource, public, and user groups, to the legislature no later than twenty days prior to the convening of the 2009 regular session, and every five years thereafter. The department of land and natural resources may include the report as part of its annual report to the legislature.

"Commercial fisherman" shall mean a person who:

(1) Has an annual income of which eighty per cent is derived from fishing;

(2) Has possessed a valid Hawaii commercial fishing license for at least thirty years;

(3) Is knowledgeable of deep sea and shoreline fishing methods;

(4) Files Hawaii state income taxes as a full-time resident of Hawaii;

(5) Is knowledgeable of and a practitioner of native Hawaiian cultural fishing practices; and

(6) Has actual knowledge of current Hawaii state or federal fishing laws and rules governing the waters in and around the State.

"Recreational fisherman" shall mean a person who:

(1) Possesses membership in a fishing organization organized in Hawaii;

(2) Possesses membership in an organization organized in Hawaii that is committed to the preservation or education of Hawaii ocean resources;

(3) Is knowledgeable of deep sea and shoreline fishing methods;

(4) Files Hawaii state income taxes as a full-time resident of Hawaii;

(5) Is knowledgeable of and a practitioner of native Hawaiian cultural fishing practices; and

(6) Has actual knowledge of current Hawaii state or federal fishing laws and rules governing the waters in and around the State.

"Representative of the scientific or educational community" shall mean a person who:

(1) Possesses an advanced academic degree and experience marine biology or ecology resource management in marine ecosystems, fisheries, or a related field;

(2) Is knowledgeable of deep sea and shoreline fishing methods;

(3) Files Hawaii state income taxes as a full-time resident of Hawaii;

(4) Is knowledgeable of and a practitioner of native Hawaiian cultural fishing practices;

(5) Meets the requirements of being a "commercial fisherman" under this Act; and

(6) Has actual knowledge of current Hawaii state or federal fishing laws and rules governing the waters in and around the State.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the purposes of this Act.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. This Act shall take effect upon its approval and shall be repealed on December 31, 2020; provided that section 3 shall take effect on July 1, 2008.

HOUSE OF REPRESENTATIVES	H.B. NO.	2687
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII		S.D. 1