HB3389

SECTION 1. The legislature finds that the management and conservation of marine resources is vital to the economic, cultural, environmental, health, and social well-being of the State's residents, visitors, and future generations. Conservation of the State's marine resources also plays an important role in preserving global biodiversity. The legislature further finds that the management and conservation of the State's marine resources can be achieved through implementation of a number of marine management tools, including prevention of resource overcrowding and overuse from recreational activity.

In 2005, the department of land and natural resources published an article entitled "What Stresses Hawaii's Marine Ecosystems?" that cited recreational overuse as one of the main factors that damages habitats and interferes with wildlife spawning, feeding, and nursery areas. These impacts often occur as a result of overcrowded beaches, trampled reefs, anchor damage, and recreational watercraft disturbances.

The article went on to explain that marine protected areas attract visitors, which may cause overcrowding. Studies have shown that overcrowding in shallow areas damage reefs, create pollution, and may upset ecosystems.

The legislature further finds that, since it became a marine life conservation district in 1967, Hanauma Bay has received up to thirty-seven million visitors annually, making it one of the most heavily visited marine protected areas in the world for its size. While management improvements have helped reduce the number of visitors to Hanauma Bay since 1990, the department of land and natural resources expressed the need for more studies to help understand ways to prevent damage to protected marine areas from recreational overuse and keep these areas from being "loved to death". In their effort to "prevent rather than react" and "preserve rather than degrade", the department of land and natural resources has imposed prohibitions in some marine life conservation districts which limit forms of commercial activity. In testimony presented to the legislature in 2006, key commercial tour and dive groups also expressed support for limiting commercial activity in these areas.

The legislature acknowledges that commercial restrictions alone will not solve all of the problems facing the State's marine resources however, the legislature finds that they are an important step toward better marine management practices.

The purpose of this Act is to provide additional protection for the State's marine life conservation districts by prohibiting all commercial activities in those areas.

SECTION 2. Section 190-3, Hawaii Revised Statutes, is amended to read as follows:

"§190-3 Rules. (a) The department of land and natural resources pursuant to chapter 91, shall adopt rules governing the taking or conservation of fish, crustacean, mollusk, live coral, algae, or other marine life as it determines will further the state policy of conserving, supplementing and increasing the State's marine resources. The rules may prohibit activities that may disturb, degrade, or alter the marine environment, establish open and closed seasons, designate areas in which all or any one or more of certain species of fish or marine life may not be taken, prescribe and limit the methods of fishing, including the type and mesh and other description of nets, traps, and appliances, and otherwise regulate the fishing and taking of marine life either generally throughout the State or in specified districts or areas. The rules shall upon taking effect supersede any state laws inconsistent therewith.

(b) The department, in all areas designated marine life conservation districts after January 1, 1968, that are subject to rules restricting taking of marine life pursuant to subsection (a), shall also adopt rules pursuant to chapter 91 that prohibit all commercial activities, including but not limited to commercial tours, dive groups, sightseeing tours, hikes, or guided services."

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.	3389
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII