STAND. COM. REP. NO. 2428

Honolulu, Hawaii

RE:    S.B. No. 3225

       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 S.B. No. 3225 entitled:

"A BILL FOR AN ACT RELATING TO FISHING,"

begs leave to report as follows:

     The purpose of this measure is to impose bag limits on certain ornamental fish and prohibit the taking of specified ornamental fish.

     Testimony in support of this measure was submitted by Snorkel Bob's, Kihei Community Association, Scuba Gods, Ocean Planet Images, Save Our Seas, Zeroimpact Productions, Office of Hawaiian Affairs, Marine Conservation Biology Institute of Hawaii, Extended Horizons Scuba, North Shore Explorers, Maui Dive Shop, Kapalua Dive Company, Office of the Mayor, County of Maui, Environmental Coordinator of the County of Maui, Sierra Club of Hawai‘i, Pacific Fisheries Coalition, Oceanic Institute, Maui Nui Marine Resource Council, Ocean Tourism Coalition, Hui Malama O Pupukea-Waimea, Department of Land and Natural Resources, Ko‘olaupoko Hawaiian Civic Club, and one hundred twenty-eight individuals.  Testimony in opposition to this measure was submitted by the Hawai‘i Tropical Fish Association, Kamihata Fish Industries, Ltd., Pets Pacifica, Inc., Global Aquatics Importers, Inc., Salty Waters, Tropiquarium, Catholic Charities of Hawai‘i, Hawaii Tropical Fish Company, Fishy Business, Wayne's Ocean World, Coral Fish Hawaii, Hawaiian Sea Life, and twenty-two individuals.

     Your Committee finds that it is necessary to protect Hawaii's limited natural resources, including its reef fish.  The creation of the West Hawaii Fisheries Management Area has resulted in marked increases in the reef fish population.  The Department of Land and Natural Resources suggested using the West Hawaii Fisheries Management Area as a model to address the concerns of the supporters and opponents of this measure.

     Accordingly, your Committee has amended this measure by adopting the recommendations of the Department of Land and Natural Resources, by:

     (1)  Replacing its contents;

     (2)  Providing for the creation of fishery management areas on the islands of Oahu and Maui;

     (3)  Granting the Department of Land and Natural Resources the authority to establish fishery management areas on other islands as warranted; and

     (4)  Requiring that the Office of the Mayors of Maui County and the City and County of Honolulu be consulted regarding the creation of the Fishing Management Area in their respective counties due to the strong interest shown by the current Mayor and Environmental Coordinator for the County of Maui.

     Your Committee has also made technical nonsubstantive amendments to reflect preferred drafting style.

     Your Committee requests the Department of Land and Natural Resources to consult with interested members of the community, specifically including the mayor of each respective county, prior to establishing the Oahu or Maui fishery management areas.

     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 S.B. No. 3225, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3225, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

CLAYTON HEE, Chair