CONFERENCE COMMITTEE REP. NO. 81

Honolulu, Hawaii

                 , 2009

RE:    S.B. No. 1

       S.D. 1

       H.D. 2

       C.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO OPIHI,"

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 measure is to rehabilitate the natural populations of all Hawaiian opihi species and establish a new direction for the management of the fishery.

     Specifically, this measure:

     (1)  Establishes a five-year moratorium on the harvesting of opihi on Oahu; and

     (2)  Establishes a ban on taking or harvesting opihi statewide, subject to open and closed seasons and the traditional rights of certain ahupuaa tenants.

     Your Committee finds that breeding adult opihi needs to be protected to ensure opihi populations will replenish themselves.  Opihi have free swimming larvae which can disperse from the no take areas into areas where harvest is legal.  Oahu requires more drastic actions to rehabilitate its opihi populations due to overharvesting.

     Your Committee has amended this measure by:

     (1)  Amending the closed seasons to be from February 1st through May 31st and September 1st through November 30th, to accurately reflect the opihi breeding cycles;

     (2)  Including a bag limit for the open seasons of one quart of opihi with shells attached, or one half pint of opihi without shells attached, per day; and

     (3)  Amending the effective date to upon approval while retaining the June 30, 2014, repeal date.

     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 S.B. No. 1, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

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