HB3301

SECTION 1. The legislature finds that the community of Honaunau, located north of Ho‘okena in the South Kona district on the island of Hawaii, and its offshore waters have traditionally been an important subsistence fishery resource for native Hawaiians and local families of the community. The ahupua‘a of Honaunau includes the northern shoreline of Puuhonua o Honaunau National Historical Park, which is filled with many wahi pana, or storied places, that are sacred to native Hawaiians and important to the state.

The community of Ho‘okena, one of the last Hawaiian fishing villages to use traditional outrigger ‘ōpelu fishing canoes, is located 12 miles north of Miloli‘i in the South Kona district on the island of Hawaii. The residents of this historically significant area continue to practice traditional fishing methods handed down from preceding generations for subsistence use.

The legislature further finds that the communities of Honaunau and Ho‘okena are dependent upon the catch of nearshore fish and other marine resources for a significant portion of their nutritional needs and for the preservation of their fishing traditions and cultural heritage. A sharp increase in the recreational use of Honaunau Bay and Ho‘okena beach park, together with a growing problem of indiscriminate fishing practices, have adversely impacted the fragile coral reef ecosystem, the ability of subsistence fishermen to access traditional fishing grounds, and the number and types of fish in the area. The communities of Honaunau and Ho‘okena are concerned about this decline and believe that if current trends continue, the danger to the cultural, social, and economic well-being of their communities will increase to an irrevocable level and cause irreparable harm. The communities of Honaunau and Ho‘okena believe that the inadequacy of current regulations and policies regarding the management of their traditional fishing grounds is jeopardizing marine resources and the sustainability of fish necessary to meet subsistence needs.

The legislature further finds that traditionally managed fisheries in which the inhabitants of the communities of Honaunau and Ho‘okena respectively develop and assist in the development and enforcement of culturally sensitive regulations for the maintenance of the fishery and coral reef resources are needed to preserve the traditional fishing grounds of both Honaunau and Ho‘okena.

The purpose of this Act is to establish two community-based subsistence fishing areas to protect the fish stocks and coral reef habitats:

(1) The area including the shoreline and nearshore waters of the community of Honaunau; and

(2) The area including the shoreline and nearshore waters of the community of Ho‘okena.

SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§188- Honaunau and Ho‘okena community-based subsistence fishing areas; restrictions; regulations. (a) There are designated:

(1) The Honaunau community-based subsistence fishing area, which shall consist of all state waters and submerged lands from the shoreline of the Honaunau community in South Kona on the island of Hawaii from the northernmost boundary of Lae o Kanoni to the southernmost boundary of Paumoa; and

(2) The Ho‘okena community-based subsistence fishing area, which shall consist of all state waters and submerged lands from the shoreline of Ho‘okena traditional fishing grounds in South Kona on the island of Hawaii from the northernmost boundary of Loa Point in the ahupua‘a of Kealia 1 to the southernmost boundary of Lae o Kamimi in the ahupua‘a of Alika.

The specific boundaries of each fishing area shall be determined by the department of land and natural resources in collaboration with the respective communities of Honaunau and Ho‘okena.

(b) In addition to the provisions of this chapter, the following uses or activities shall be regulated in the Honaunau and Ho‘okena community-based subsistence fishing areas:

(1) Any activities with a commercial purpose, as defined in section 187A-1;

(2) The issuance of any commercial marine license, as defined in section 187A-1;

(3) The issuance of any aquarium fish permits, pursuant to section 188-31;

(4) Fishing with self-contained underwater breathing apparatus and spears; and

(5) Any other use or activity that the department of land and natural resources, in consultation with the inhabitants of the communities of Honaunau and Ho‘okena, respectively, and other interested parties, deems appropriate.

(c) The department of land and natural resources, as soon as is practicable, shall consult the broadest possible base of inhabitants of the communities of Honaunau and Hookena and interested parties as possible to establish rules for the Honaunau and Hookena community-based subsistence fishing areas, respectively, to include but not be limited to:

(1) A determination of fishing practices that are customarily and traditionally exercised for purposes of native Hawaiian subsistence, culture, and religion in the community-based subsistence fishing areas;

(2) A management plan for each community-based subsistence fishing area recognizing existing marine activities permitted by the department of land and natural resources and containing a description of specific activities to be conducted in the fishing area to ensure long-term sustainable populations of fish and other marine species, including evaluation and monitoring processes and methods of funding and enforcement;

(3) Limits on the harvest of aquatic life, as those terms are defined in section 187A-1, in the respective fishing areas; and

(4) Any other regulations or restrictions that the inhabitants of the communities of Honaunau and Ho‘okena and interested parties may recommend.

(d) The department of land and natural resources shall adopt rules pursuant to chapter 91 necessary for the purpose of this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	3301
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII