THE SENATE	S.B. NO.	2305
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO OCEAN RESOURCES.

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

     SECTION 1.  Section 171-58.5, Hawaii Revised Statutes, is amended to read as follows:

"§171-58.5  Prohibitions.  The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline is prohibited with the following exceptions:

     (1)  The inadvertent taking from seaward of the shoreline of [such] these materials, [not in excess of one gallon per person per day for reasonable, personal, noncommercial use;] such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;

     (2)  For the replenishment or protection of public shoreline areas and adjacent public lands seaward of the shoreline, or construction or maintenance of state approved lagoons, harbors, launching ramps, or navigational channels with a permit authorized under chapter 183C;

     (3)  The clearing of [such] these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless this placement would result in significant turbidity; [or]

     (4)  The cleaning of areas seaward of the shoreline for state or county maintenance purposes including the purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless [such] the placement would result in significant turbidity[.];

(5) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or

(6) For the response to a public emergency or a state or local disaster."

     SECTION 2.  Section 205A-44, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area is prohibited with the following exceptions:

     (1)  The inadvertent taking from the shoreline area of the materials, [not in excess of one gallon per person per day, for reasonable, personal, noncommercial use, provided that stricter provisions may be established by the counties;] such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;

     (2)  Where the mining or taking is authorized by a variance pursuant to this part;

     (3)  The clearing of [the] these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless [such] the placement would result in significant turbidity; [or]

     (4)  The cleaning of the shoreline area for state or county maintenance purposes, including the clearing for purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity[.];

(5) The taking of driftwood, shells, beach glass, glass floats, or seaweed;

(6) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or

(7) For the response to a public emergency or a state or local disaster."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Sand Removal; Beach or Marine Deposits; Elimination of One‑gallon Exception

Description:

Deletes the "one-gallon per person per day" exception to the prohibition against the removal of sand and other beach or marine deposits, except for materials inadvertently taken, such as those carried away on the body, clothes, toys, recreational equipment, and bags.  Creates an exemption for public emergencies and traditional cultural practices.  (SD2)

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