SB1831

SECTION 1. The legislature finds that the department of land and natural resources (DLNR) has proposed amendments to title 13, chapter 75 of the Hawaii Administrative Rules which regulates lay gill nets. These new rules would limit the size and number of nets, the distance and depths they cover, the amount of time they can be set in the water and left unattended, and the areas where they can be used. Nets would have to be registered with DLNR and carry identification so owners can be held accountable. While these rule changes are meant to protect near-shore waters from over-fishing and the indiscriminate taking of marine life, the legislature finds that:

(1) There continues to be a problem with enforcement of current lay gill net rules and this problem will continue to exist with the proposed rules; and

(2) The proposed lay gill net rule changes may have an adverse impact on traditional and cultural practices of native Hawaiians.

Especially detrimental to the health and well-being of native Hawaiians will be:

(1) The requirement that lay gill nets be registered with DLNR. Native Hawaiians have been practicing their culture, including the use of lay gill nets for fishing, for centuries and should not be required to register their nets with a state agency to practice their culture;

(2) The requirement that only one net at a time can be used by one person will affect native Hawaiians who often use their lay gill nets as an 'ohana. In these cases, a multitude of family members are used to tend to a net;

(3) The prohibition against the use of lay nets in freshwater streams or stream mouths would have a devastating impact on native Hawaiians who have used and continue to use lay nets to catch o'opu in streams;

(4) The prohibition on the use of gill nets at night will affect native Hawaiians who continue the cultural practice of fishing by the lunar calendar which includes fishing at night; and

(5) The restriction that lay nets can only be used within certain waters of the state will impact localized native Hawaiian communities by completely banning traditional net making and cultural use of nets from large geographic locations causing undue hardships on native Hawaiians.

Accordingly, the purpose of this Act is to require DLNR to fully assess the social, cultural, biological, and economic impacts of proposed lay gill net rules, particularly on native Hawaiian communities, before adopting and implementing the rules.

SECTION 2. Chapter 190, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§190- Fishing regulations; lay gill nets; consultation. Prior to adopting and implementing lay gill net fishing regulations and prohibitions, the department of land and natural resources shall consult with native Hawaiian fishing practitioners and shall not prohibit or limit fishing in any areas open to public fishing unless:

(1) The department has consulted with native Hawaiian cultural practitioners and experts in native Hawaiian fishing practices throughout the administrative rule making process;

(2) The proposed prohibitions or restrictions include a monitoring program and assessment program to determine the efficacy of the prohibitions or restrictions;

(3) The proposed prohibitions or restrictions include an enforcement plan;

(4) Adequate funding and resources are available to: (A) Monitor the prohibitions or restrictions; (B) Enforce the prohibitions or restrictions; and (C) Assess the efficacy of the prohibitions and restrictions;

and

(5) The proposed prohibitions or restrictions are the result of analysis that includes the use of peer- reviewed science and Hawaiian science based on traditional knowledge."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2007-2008 for the development of rules regarding lay net gill fishing.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 2 of this Act shall apply to any rules adopted or implemented after December 31, 2006.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1831
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII