SB3225 SD1

SECTION 1. Chapter 188F, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"[~~WEST~~] HAWAII REGIONAL FISHING MANAGEMENT [~~AREA~~] AREAS"

SECTION 2. Chapter 188F, Hawaii Revised Statutes, is amended by designating sections 188F-1 through 188F-5 as part I, entitled:

"PART I. WEST HAWAII REGIONAL FISHING MANAGEMENT AREA"

SECTION 3. Chapter 188F, Hawaii Revised Statutes, is amended by adding three new parts to be appropriately designated and to read as follows:

"PART . OAHU REGIONAL FISHING MANAGEMENT AREAS

§188F‑ Definitions. As used in this part, unless the context requires otherwise:

"Management area" means the Oahu regional fishery management area established in section 188F‑ .

"Plan" means the Oahu regional fishery management area plan established in section 188F‑ .

§188F‑ Oahu regional fishery management area; establishment. The department of land and natural resources shall establish the Oahu regional fishery management areas to improve the management of consumptive and nonconsumptive uses of aquatic resources encompassing the regional ocean area on the island of Oahu.

§188F‑ Oahu regional fishery management area; purpose. The purpose of the Oahu regional fishery management area shall be to:

(1) Ensure the sustainability of the State's nearshore ocean resources;

(2) Identify areas with resource and use conflicts;

(3) Provide management plans as well as implementing regulations and adopting rules for minimizing user conflicts and resource depletion, through the designation of sections of coastal waters in the Oahu regional fishery management area as fish replenishment areas where certain specified fish harvesting activities are prohibited, and other areas where anchoring and ocean recreation activities are restricted;

(4) Establish a system of day-use mooring buoys in high‑use coral reef areas and limit anchoring in some of these areas to prevent anchor damage to corals;

(5) Identify areas and resources of statewide significance for protection;

(6) Carry out scientific research and monitoring of the nearshore resources and environment; and

(7) Provide for substantive involvement of the office of the mayor of the city and county of Honolulu and the community in resource management decisions for these areas through facilitated dialogues with community residents and resource users.

§188F‑ Oahu regional fishery management area plan. The department shall, in conjunction with the office of the mayor of the city and county of Honolulu, or the mayor's designee, develop an Oahu regional fishery management area plan that identifies and designates appropriate areas of the management area as follows:

(1) Designates a minimum of thirty per cent of coastal waters in the Oahu regional fishery management area as fish replenishment areas in which aquarium fish collection is prohibited;

(2) Establishes a day-use mooring buoy system along the coastline of the Oahu regional fishery management area and designates some high-use areas where no anchoring is allowed;

(3) Establishes a portion of the fish replenishment areas as fish reserves where no fishing of reef-dwelling fish is allowed; and

(4) Designates areas where the use of gill nets as set nets shall be prohibited.

§188F‑ Review. A review of the effectiveness of the Oahu regional fishery management area plan shall be conducted every five years by the department of land and natural resources, in cooperation with the University of Hawaii and in conjunction with the office of the mayor of the city and county of Honolulu. The department shall submit a report of its findings and recommendations based on the review to the legislature no later than twenty days before the convening of the regular session following the review.

PART . MAUI REGIONAL FISHING MANAGEMENT AREA

§188F‑ Definitions. As used in this part, unless the context requires otherwise:

"Management area" means the Maui regional fishery management area established in section 188F‑ .

"Plan" means the Maui regional fishery management area plan established in section 188F‑ .

§188F‑ Maui regional fishery management area; establishment. The department of land and natural resources shall establish the Maui regional fishery management area to improve the management of consumptive and nonconsumptive uses of aquatic resources encompassing the regional ocean area on the island of Maui.

§188F‑ Maui regional fishery management area; purpose. The purpose of the Maui regional fishery management area shall be to:

(1) Ensure the sustainability of the State's nearshore ocean resources;

(2) Identify areas with resource and use conflicts;

(3) Provide management plans as well as implementing regulations and adopting rules for minimizing user conflicts and resource depletion, through the designation of sections of coastal waters in the Maui regional fishery management area as fish replenishment areas where certain specified fish harvesting activities are prohibited, and other areas where anchoring and ocean recreation activities are restricted;

(4) Establish a system of day-use mooring buoys in high‑use coral reef areas and limit anchoring in some of these areas to prevent anchor damage to corals;

(5) Identify areas and resources of statewide significance for protection;

(6) Carry out scientific research and monitoring of the nearshore resources and environment; and

(7) Provide for substantive involvement of the office of the mayor of the county of Maui and the community in resource management decisions for these areas through facilitated dialogues with community residents and resource users.

§188F‑ Maui regional fishery management area plan. The department shall, in conjunction with the office of the mayor of county of Maui, or the mayor's designee, develop a Maui regional fishery management area plan that identifies and designates appropriate areas of the management area as follows:

(1) Designates a minimum of thirty per cent of coastal waters in the Maui regional fishery management area as fish replenishment areas in which aquarium fish collection is prohibited;

(2) Establishes a day-use mooring buoy system along the coastline of the Maui regional fishery management area and designates some high-use areas where no anchoring is allowed;

(3) Establishes a portion of the fish replenishment areas as fish reserves where no fishing of reef-dwelling fish is allowed; and

(4) Designates areas where the use of gill nets as set nets shall be prohibited.

§188F‑ Review. A review of the effectiveness of the Maui regional fishery management area plan shall be conducted every five years by the department of land and natural resources, in cooperation with the University of Hawaii and in conjunction with the office of the mayor of the county of Maui. The department shall submit a report of its findings and recommendations based on the review to the legislature no later than twenty days before the convening of the regular session following the review.

PART . OTHER REGIONAL FISHING MANAGEMENT AREAS

§188F‑ Other regional fishing management areas. The department may establish other regional fishing management areas within the State as it deems necessary.

§188F‑ Rules. The department shall adopt rules to effectuate the purpose of this chapter in accordance with chapter 91."

SECTION 4. Section 188F-6, Hawaii Revised Statutes, is repealed.

["~~[§188F-6] Rules.~~ ~~The department shall adopt rules to effectuate the purposes of this chapter in accordance with chapter 91.~~"]

SECTION 5. 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 2008-2009 for the purposes of this Act.

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

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that section 5 shall take effect on July 1, 2008.

THE SENATE	S.B. NO.	3225
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII