SB378 HD1.DOC

SECTION 1. The legislature finds and declares that fishing in Hawaii is a tradition woven into its island communities and local cultures, and that has been passed down for generations. However, the legislature finds that Hawaii's nearshore reef fisheries have declined over the years due to a variety of threats to the nearshore ecosystem, including runoff, sedimentation, pollution, lack or profusion of fresh water intrusion into the marine ecosystem, and the introduction of invasive species.

The Hawaii Constitution, article XI, section 1, declares in part that, "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy resources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State."

Through the department of land and natural resources (DLNR), the State has jurisdiction over management of the State's marine waters, which extend from the upper reaches of the wash of the waves on shore seaward to the limit of the State's police power and management authority. Section 187A-2, Hawaii Revised Statutes, further charges the department to, among other things:

(1) Manage and administer the aquatic life and aquatic resources of the state;

(2) Establish, manage, and regulate public fishing areas, artificial reefs, fish aggregating devices, marine life conservation districts, shoreline fishery management areas, refuges, and other areas; and

(3) Gather and compile information and statistics concerning the habitat and character of, and increase and decrease in, aquatic resources in the state, including the care and propagation of aquatic resources for protective, productive, and aesthetic purposes, and other useful information that the department deems proper.

The division of aquatic resources of DLNR also states that as part of its mission, "Major program areas include projects to manage or enhance fisheries for long-term sustainability of the resources, protect and restore the aquatic environment, protect native and resident aquatic species and their habitat, and provide facilities and opportunities for recreational fishing."

The legislature finds that it is the primary responsibility of DLNR to protect our limited natural resources. This responsibility should be balanced with the responsibility of ensuring the public's reasonable use of these resources, if the use or activity can be carried out without undue harm to the resources.

DLNR is presently conducting statewide public informational meetings to listen to concerns and suggestions from the public regarding the taking and protection of three main fish families that the department feels may be in need of updated regulations. These three main fish families are the parrotfish (uhu), goatfish (weke/moana kali), and jacks (ulua/papio).

Some members of the public have expressed concern that DLNR will use the information gathered at these public meetings, without the benefit of any supporting data, as the sole basis on which to design the new rules and restrictions. DLNR has publicly stated, "The input we receive from the public will help the division of aquatic resources design rules that will support the ongoing conservation of our marine resources while balancing the needs of recreational, subsistence and commercial fishers."

The legislature further finds that DLNR has not done any of the following:

(1) Properly managed or enhanced fisheries for long-term sustainability of the resources;

(2) Protected and restored the aquatic environment;

(3) Protected native and resident aquatic species and their habitat; or

(4) Provided facilities and opportunities for recreational fishing.

Instead, DLNR continues to restrict the taking of marine resources throughout the state.

The purpose of this Act is to:

(1) Require DLNR to provide supporting data, including stock assessments, as the basis for any new rules to regulate the taking of uhu, weke/moana kali, and ulua/papio, in addition to the input the department receives from the public at informational meetings; and

(2) Directs DLNR to provide a monitoring and evaluation component to determine the effect of the rules adopted regarding those fish populations.

SECTION 2. The department of land and natural resources shall:

(1) Continue to hold public informational meetings to hear concerns and suggestions from the public regarding the taking and protection of uhu, weke/moana kali, and ulua/papio;

(2) Use and present all available data to support the basis for any rule proposed based on public input, and if no data is available, use all available means to gather the necessary data;

(3) Develop a monitoring and evaluation program to determine the effects that runoff, sedimentation, pollution, lack or profusion of fresh water intrusion into the marine ecosystem, and the introduction of invasive species have on the ecosystem that affect the habitat and forage of uhu, weke/moana kali, and ulua/papio; and

(4) Develop a monitoring and evaluation program to determine the outcomes to be achieved by the implementation of any proposed rule and estimate the timeframes through which the outcomes will be achieved.

SECTION 3. This Act shall take effect on July 1, 2020, and shall be repealed on December 31, 2020.

THE SENATE	S.B. NO.	378
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII		H.D. 1