HB2687 SD2

SECTION 1. The legislature finds that the department of land and natural resources is responsible for adopting rules concerning the protection, propagation, conservation, and allocation of the natural supply of aquatic life. Some members of the public have criticized the department of land and natural resources for setting bottomfish 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. Other members of the public have requested that the department provide greater protections for and limitations on the take of aquatic resources.

The legislature further finds that it is the primary responsibility of the department of land and natural resources to protect our limited natural resources. Carrying out this responsibility should be balanced with the responsibility of ensuring the public's reasonable use of these resources, if such use or activity can be carried out without undue harm to the 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 stakeholders including members of the fishing, native Hawaiian, marine science, and conservation communities, to review the effects of 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, and the effect on the resource, general public, and resource users. The Act also directs the department of land and natural resources to include a monitoring and evaluation component in all future rules regulating fish stocks and fishing gear types.

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

(1) Review the effects of its bottomfish management rules and its lay gill net rules;

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

(3) Estimate the timeframe necessary for each rule to achieve its intended purpose;

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

(5) Determine the effects of each rule on the general public and user groups;

provided that this review by the department shall include consultation with members of the fishing, native Hawaiian, marine science, and conservation communities.

(b) The department of land and natural resources shall submit a report that shall include:

(1) An analysis of whether the bottomfish management and lay gill net rules are achieving their intended purposes;

(2) When the rules in paragraph (1) might achieve their intended purposes;

(3) The impact of the rules on the resource, public, and user groups; and

(4) An accounting of the community consultation as described in subsection (a);

to the legislature not 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.

(c) In addition to subsections (a) and (b), for any rule that regulates a fish stock or fishing gear type adopted after January 1, 2008, pursuant to chapters 187A and 188, the department of land and natural resources shall incorporate monitoring and evaluation components, including consultation with members of the fishing, native Hawaiian, marine science, and conservation communities.

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. 2