HOUSE OF REPRESENTATIVES	H.B. NO.	2193
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO AQUACULTURE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to streamline the State's aquaculture program as follows:

     (1)  Repealing the jurisdiction of the department of agriculture over the marketing and promotion of aquaculture;

     (2)  Retaining the jurisdiction of the department of agriculture over diagnostic services and disease management related to aquaculture;

     (2)  Authorizing the department of land and natural resources to assume jurisdiction over the marketing and promotion of aquaculture; and

     (3)  Repealing the aquaculture development special fund.

     SECTION 2.  Chapter 187A, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:

     "§187A-A Aquaculture program. (a)  The board may develop an aquaculture program to include but not be limited to the following:

(1) Maintaining cognizance of actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aquaculture activities;

(2) Serving as an information clearinghouse for aquaculture activities;

(3) Actively seeking federal funding for promoting aquaculture activities;

(5) Undertaking activities required to develop and expand the aquaculture industry; and

(6) Performing such other functions and activities as may be assigned by law.

(b)  The chairperson of the board may employ temporary staff exempt from chapter 76.

§187A-B Fees for aquaculture planning and the marketing of seafood products. The board may establish and assess fees pursuant to chapter 91 for any items or expert services purchased from the department related to aquaculture planning and the marketing of seafood products; provided that the assessment of these fees does not violate any other provision of this chapter.  Fees collected under this section shall be deposited into the general fund."

     SECTION 3.  Section 141-2.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established within the department an aquaculture program that shall:

    [(1) Maintain cognizance of actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aquaculture activities;

(2) Serve as an information clearinghouse for aquaculture activities;

(3) Coordinate development projects to investigate]

(1) Investigate and solve biological and technical problems involved in raising selected species with commercial potential;

    [(4)] (2)  Actively seek federal funding for aquaculture activities[;] related to diagnostic services, disease management, or related activities; and

    [(5) Undertake activities required to develop and expand the aquaculture industry; and

(6)] (3)  Perform such other functions and activities as may be assigned by law."

     SECTION 5.  Section 141-2.6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§141-2.6[]]  Fees for [aquaculture] aquatic diagnostic services[.] and disease management.  The department of agriculture may establish and assess fees pursuant to chapter 91 for:

     (1)  Aquatic animal and plant health diagnostic services; and

     (2)  Any items or expert services purchased from the department related to [aquaculture planning,] disease management[, and the marketing of seafood products];

provided that the assessment of these fees does not violate any other provision of this chapter.  Fees collected under this section shall be deposited into the general fund."

     SECTION 6.  Section 141-2.7, Hawaii Revised Statutes, is repealed.

     ["[§141-2.7]  Aquaculture development special fund.  (a)  There is established in the state treasury the aquaculture development special fund into which shall be deposited:

(1) Appropriations from the legislature;

(2) Moneys collected as fees for special microbiological and histological procedures and expert aquaculture-related services;

(3) Moneys collected from the sale of any item related to aquaculture development that is purchased from the department;

(4) Moneys directed to the aquaculture development program from any other sources, including but not limited to grants, gifts, and awards; and

(5) Moneys derived from interest, dividend, or other income from the above sources.

(b)  Moneys in the aquaculture development special fund shall be used to:

(1) Implement the aquatic disease management programs and activities of the department, including provision of state funds to match federal grants; and

(2) Support research and development programs and activities relating to the expansion of the state aquaculture industry.  Research and development programs and activities funded under this paragraph may be conducted by department personnel or through contracts with the University of Hawaii or other qualified persons."]

     SECTION 7.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2010.

INTRODUCED BY:

_____________________________

Report Title:

Aquaculture; Department of Land and Natural Resources

Description:

Repeals the authority of the department of agriculture over marketing activities related to agriculture.  Authorizes the department of land and natural resources to assume jurisdiction over marketing activities related to aquaculture.  Repeals the aquaculture development special fund.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.