CONFERENCE COMMITTEE REP. NO. 100-08

Honolulu, Hawaii

                 , 2008

RE:    H.B. No. 3174

       H.D. 1

       S.D. 1

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 3174, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FEDERAL FISHERIES REGULATIONS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to:

(1)  Require the Department of Land and Natural Resources (DLNR) to adopt, amend, and repeal administrative rules that are equivalent to and consistent with federal fisheries regulations, under certain conditions;

(2)  Specifically allow the Board of Land and Natural Resources (BLNR) to annually declare a fishing season, total fishing quota, or individual fishing quotas, or adopt rules relating to bag, size, and gear limits consistent with federal fisheries regulations and state rules adopted under this measure if enacted by the federal government to prevent overfishing; and

(3)  Require DLNR to amend its rules when the federal fisheries agency declares that the fishery is sustainable and amends its regulations.

     Your Committee on Conference has amended this bill by:

(1)  Providing that this measure does not apply to the Papahanaumokuakea Marine National Monument;

(2)  Requiring, rather than allowing, BLNR to annually declare a fishing season or fishing quotas, or adopt rules relating to bag, size, and gear limits consistent with federal fisheries regulations and state rules adopted under this measure;

(3)  Changing the effective date to upon its approval; and

(4)  Making technical, nonsubstantive amendments for style, clarity, and consistency.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 3174, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 3174, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ CLAYTON HEE, Chair	____________________________ TOMMY WATERS, Co-Chair
	____________________________ KEN ITO, Co-Chair
	____________________________ JON RIKI KARAMATSU, Co-Chair