HCR346

WHEREAS, the Department of Land and Natural Resources (DLNR) is dedicated to managing Hawaii’s natural and cultural resources; and

WHEREAS, the mission of DLNR's, Division of Aquatic Resources (Division) is to manage, conserve, and restore the state's unique aquatic resources and ecosystems for present and future generations; and

WHEREAS, the Division manages the state's aquatic resources and ecosystems through programs in commercial fisheries and resource enhancement, aquatic resources protection, habitat enhancement and education, and recreational fisheries; and

WHEREAS, major program areas of the Division include projects to manage or enhance fisheries for long-term sustainability of the resources, protect and restore the aquatic environment, protect native and resident aquatic species and their habitat, and provide facilities and opportunities for recreational fishing; and

WHEREAS, prior to 1999, aquatic resources were managed by provisions in the Hawaii Revised Statutes, including sections 188-25, 188-28.5, 188-29, 188-29.1, 188-30, 188-30.2, 188-30.5, 188-40, 188-41, 188-46, and 188-58, which set forth provisions specifying size limits, sales restrictions, seasonal restrictions, and fishing areas, and regulating fishing gear; and

WHEREAS, in 1999, Act 85, Session Laws of Hawaii 1999, repealed fishing regulations enacted by the Legislature, instead delegating to DLNR responsibility for aquatic resource management rule-making; and

WHEREAS, DLNR is authorized to adopt administrative rules in accordance with the procedures set forth in Chapter 91, Hawaii Revised Statutes, to carry out its management responsibilities; and

WHEREAS, over the years, DLNR has adopted a variety of administrative rules relating to fishing, codified in Title 13, subtitle 4, of the Hawaii Administrative Rules:

(1) Part I – Marine Life Conservation District;

(2) Part II – Marine Fisheries Management Areas;

(3) Part III – Freshwater Fisheries Management Areas;

(4) Part IV – Fisheries Resource Management;

(5) Part V – Protected Marine Fisheries Resources; and

(6) Part VI – Protected Freshwater Fisheries Resources;

and

WHEREAS, with the adoption of each rule managing or protecting various fishery resources and the marine ecosystems, the fishing community has found their fishing activities to be increasingly restricted; and

WHEREAS, the fishing community has no way of knowing whether the various fishing restrictions have any beneficial effects on fishery resources; and

WHEREAS, it has been said that DLNR did not provide or provided little explanation to the fishing community of the justification for formulation of each rule; and

WHEREAS, it has also been said that the DLNR failed to provide the expected objective of the administrative rule; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Division is requested to conduct a study of all administrative rules in Parts I, II, IV, and V of Title 13, Subtitle 4 of the Hawaii Administrative Rules; and

BE IT FURTHER RESOLVED that the study includes:

(1) The administrative rule adopted;

(2) The justification for adopting each administrative rule;

(3) The expected objective of the administrative rule adopted; and

(4) For the administrative rules in Parts I and II, identify what entity manages the rules;

and

BE IT FURTHER RESOLVED that the Division is requested to submit its report to the Legislature no later than 20 days prior to the convening of the Regular Session of 2009; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, Administrator of the Division, and the Governor of the State of Hawaii.

	OFFERED BY:	_____________________________

Report Title:

DLNR study; administrative fishing rules

HOUSE OF REPRESENTATIVES	H.C.R. NO.	346
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII