HB3435

SECTION 1. The moku of Ko‘olau, Hana, Kipahulu, Kaupo, and Kahikinui are the eastern most traditional land divisions of the island of Maui. These moku are renowned for their places and stories that are sacred to native Hawaiians and important to the people of Hawaii, and for their steadfast efforts to perpetuate traditional and cultural practices.

The moku of Ko‘olau, Hana, Kipahulu, Kaupo, and Kahikinui and their offshore waters have been an important subsistence fishery resource for native Hawaiians and local families who live there for centuries. However, fisheries have declined dramatically in the last one hundred years. The steep decline in the abundance and diversity of nearshore fisheries of east Maui, especially in the last thirty years, can be attributed to the loss of the old Hawaiian system of konohiki fisheries, overharvest, loss of access, loss of stream flow, lack of responsibility, commercial fishing and export industries, use of modern technology, lack of enforcement of state regulations, and centralized state management that cannot take into account the variations and nuances of remote fisheries.

In addition the beauty of the land and sea and the proximity to Haleakala National Park attracts over a million visitors to the area every year. As a result of this influx of visitors and new residents, and improved access by land and sea, indiscriminate fishing practices have increased, adversely impacting traditional fisheries and thus the way of life of ahupua‘a inhabitants and the integrity of the intertidal and coral reef ecosystems.

The legislature finds that a traditionally managed fishery wherein the inhabitants of ahupua‘a and their community organizations develop and assist in the development and enforcement of regulations and a plan of management that incorporates traditional knowledge and active monitoring for the maintenance of the nearshore fishery is needed for Ko‘olau, Hana, Kipahulu, Kaupo, and Kahikinui.

The purpose of this Act is to create and amend fishing provisions that affect the communities of Ko‘olau, Hana, Kipahulu, Kaupo, and Kahikinui and on the island of Maui, by establishing the east Maui community-based fishing area to protect the fish stocks and coral reef habitats.

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- East Maui community-based subsistence fishing area. (a) There is designated the east Maui community-based subsistence fishing area on the eastern coast of Maui, which shall consist of all state waters and submerged lands bounded:

(1) In the moku of Ko‘olau, by:

(A) The shoreline of the moku of Ko‘olau;

(B) A line that follows an imaginary extension of Mokupupu point at Ulaino and extends seaward for one mile from the shoreline;

(D) A line that follows an imaginary extension of Oopuola stream in the ahupua‘a of Makaiwa.

(2) In the moku of Hana, by:

(A) The shoreline of the moku of Hana;

(B) A line that follows an imaginary extension of Pua‘alu‘u gulch, which is the eastern boundary of the Kipahulu portion of Haleakala National Park that extends seaward for one mile from the shoreline;

(D) A line that follows an imaginary extension of Mokupupu point at Ulaino that extends seaward for one mile from the shoreline.

(3) In the moku of Kipahulu, by:

(A) The shoreline of the moku of Kipahulu;

(B) A line that follows an imaginary extension of Kalepa gulch, which is the western boundary of the Ka‘apahu portion of Haleakala National Park that extends seaward for one mile from the shoreline;

(D) A line that follows an imaginary extension of Pua‘alu‘u gulch, which is the eastern boundary of the Kipahulu portion of Haleakala National Park that extends seaward for one mile from the shoreline.

(4) In the moku of Kaupo, by:

(A) The shoreline of the moku of Kaupo;

(B) A line that follows the imaginary extension of Waiopai gulch, and extends seaward for one mile from the shoreline;

(D) A line that follows an imaginary extension of Kalepa gulch, which is the western boundary of the Ka‘apahu portion of Haleakala National Park, and extends seaward for one mile from the shoreline.

(5) In the moku of Kahikinui, by:

(A) The shoreline of the moku of Kahikinui;

(B) A line that follows the imaginary extension from Kanaloa point;

(D) A line that follows the imaginary extension of Waiopai gulch, and extends seaward for one mile from the shoreline.

(b) In addition to any other restrictions established under this chapter, the following uses or activities shall be regulated in the east Maui community-based subsistence fishing area:

(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 the use of gill nets;

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

(6) Any other use or activity that the department of land and natural resources, in consultation with the inhabitants of the moku of Ko‘olau, Hana, Kipahulu, Kaupo, and Kahikinui and other interested parties, deems appropriate.

(c) The department of land and natural resources, as soon as practical, shall consult with as broad a base as possible, including the group of inhabitants of the moku of Ko‘olau, Hana, Kipahulu, Kaupo, and Kahikinui, their community groups, and other interested parties to establish rules for the east Maui community-based subsistence fishing area, 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 fishing area;

(2) A management plan 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, 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 fishing area;

(4) The establishment of no harvesting zones within the fishing area without depriving ahupua‘a inhabitants of access to traditional sources of subsistence; and

(5) A process for the expansion of the fishing area to include other ahupua‘a or moku.

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.	3435
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII