HB3440

HOUSE OF REPRESENTATIVES	H.B. NO.	3440
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

SECTION 1. The legislature finds that the island of Ni‘ihau occupies a vulnerable position in the Hawaiian Island chain. As the last bastion of native Hawaiian fishers, Hawaiian cultural practitioners, and native speakers of the Hawaiian language, Ni‘ihau stands to lose much if it is not properly protected.

The legislature further finds that the public shore access and domain on Ni‘ihau up to the vegetation mark exacerbates Ni‘ihau's vulnerability. Recreational beachgoers and fishers abuse the right to access Ni‘ihau's precious shores, often leaving behind their debris; fishing gear; and, at times, even their personal excrement. These senseless infractions have caused Ni‘ihau's residents to worry about their onshore and offshore resources, and many residents feel unsafe because they maintain an open-door policy.

The purpose of this Act is to designate Ni‘ihau as a community based subsistence fishing area.

SECTION 2. The island of Ni‘ihau fisheries management area, as defined in the administrative rules of the department of land and natural resources, shall be designated a community based subsistence fishing area, as provided in section 188-22.6, Hawaii Revised Statutes (HRS). The department of land and natural resources, in consultation with the ‘aha moku council, shall adopt management strategies and other rules consistent with section 188-22.6, HRS, that:

(1) Ensure a long-term sustainable population of fish and other marine species;

(2) Develop management strategies for onshore and offshore recreational activities within the fisheries management area; and

(3) Provide an enforcement officer position within the division of conservation and resources enforcement, department of land and natural resources, to protect the island of Ni‘ihau fisheries management area.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________