STAND. COM. REP. NO. 3281

Honolulu, Hawaii

RE:    H.B. No. 3174

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Water and Land, to which was referred H.B. No. 3174, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this measure 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 to annually declare a fishing season, total fishing quota, or individual fishing quotas, or impose the requirements for other mechanisms, to prevent overfishing, that are consistent with federal fisheries regulations and rules adopted under this measure; and

     (3)  Require that when the federal fisheries agency declares the fishery to be sustainable and accordingly amends or repeals its regulations, the DLNR shall amend its rules or regulations accordingly.

     Testimony in support of this measure was submitted by the Board of Land and Natural Resources, Office of Hawaiian Affairs, and one individual.  Testimony in opposition to this measure was submitted by the Hawaii Boaters Political Action Association.

     Your Committee finds that this measure would facilitate management and enforcement of shared jurisdiction for fish stocks that occur in both State and federal waters by establishing consistent regulations for both state and federal waters.

     Your Committee has amended this measure by:

     (1)  Providing that the Board of Land and Natural Resources' authority to enact mechanisms to prevent overfishing must be related to bag, size, and gear limits that are enacted by the federal government; and

     (2)  Amending the effective date to July 1, 2050.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3174, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 3174, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

____________________________

CLAYTON HEE, Chair