Report Title:

Island of Niihau; Marine life conservation district

 

Description:

Establishes the waters surrounding the island of Niihau as a marine life conservation district.  Requires DLNR to adopt rules in conjunction with the Ahi Kiole Advisory Committee and Ahu Moku Council.  (HB3440 HD2)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

3440

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE ISLAND OF NI‘IHAU

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the island of Ni‘ihau occupies a vulnerable position in the Hawaiian island chain and is a sanctuary where the residents are able to live and practice their native Hawaiian culture and speak their native Hawaiian language.  Much of Ni‘ihau's environment remains pristine and scenic.

     Recreational beachgoers and fishers abuse the right to access Ni‘ihau's precious shores, often leaving behind their fishing gear, opala, and  other debris.  Ni‘ihau is an island with both cultural and natural treasures that must be protected.  Effective and prudent management from Ni‘ihau's land-based, shoreline, and marine resources must be in place while allowing the residents to continue their cultural practices. 

     The purpose of this Act is to institute a conservation ethic and cultural use of Ni‘ihau's precious resources by designating the waters surrounding the island of Ni‘ihau as a marine life conservation district.

     SECTION 2.  The waters surrounding the island of Ni‘ihau, as defined in the administrative rules of the department of land and natural resources, shall be designated a marine life conservation district, pursuant to chapter 190, Hawaii Revised Statutes.  The department of land and natural resources, in consultation with the ‘aha kiole advisory committee, and when established, the ‘aha moku council, shall adopt rules that:

(1)  Restrict all forms of thrill craft, including jet skis, and tour boat activities in the marine life conservation district;

(2)  Permit all current forms of fishing as provided by statute within the marine life conservation district; and

(3)  Permit, restrict, or condition other activities, including allowing exceptions to the conservation district and other rules and prohibitions consistent with sections 190-3 and 190-4, Hawaii Revised Statutes.

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