SB2923 SD2.DOC

SECTION 1. In the past century, the amount of opihi available in markets has declined ten-fold and in the past forty years, the average opihi amount has reduced by half. The public, opihi harvesters, university scientists, and marine resource managers agree that the popularity of opihi as a delicacy has led to statewide overharvesting and the decline of natural populations. The most notable impact is on Oahu where Cellana exarata and Cellana sandwicensis are rare, and Cellana talcosa is functionally absent.

Opihi comprises four species of saltwater Hawaiian limpets and are found nowhere else on earth. The blackfoot opihi (Cellana exarata), also known as "opihi makaiauli," is found on the upper portion of wave washed intertidal shores from Puhahonu (Gardner Pinnacles) to the island of Hawaii. The yellowfoot opihi (Cellana sandwicensis), also known as "opihi alinalina," is found on the middle-low portion of wave washed intertidal shores from Mokupapapa (French Frigate Shoals) to the island of Hawaii. Opihi koele, also known as the "kneecap" opihi (Cellana talcosa), is found from the shallow subtidal to the middle intertidal zone on shores from Niihau and Kauai to Hawaii. The greenfoot opihi (Cellana melanostoma) is commonly observed through the intertidal zone from Puhahonu to Nihoa, and is less commonly observed in the main Hawaiian Islands.

Although opihi can be collected year-round, opihi shells must be at least one and one-fourth inches in the longest dimension, or the meat must be at least one half inch in length, to be legally harvested in Hawaii.

The key to increasing the sustainable harvest of opihi populations is protecting a portion of the populations so that they may reproduce and create the next generation. Fisheries replenishment and management areas are a promising management tool to protect breeding populations, while allowing harvest in unprotected areas. The life history characteristics of opihi are perfectly suited to this management strategy because the adults will stay within the protected areas, and the opihi larvae can disperse throughout an island and replenish both harvested and protected areas.

The purpose of this Act is to rehabilitate the natural populations of all Hawaiian opihi species and establish a new direction for the management of the fishery. This Act is intended to increase both long-term standing-stock opihi abundance, as well as the amount of opihi available for use by the people of Hawaii.

SECTION 2. Chapter 188, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§188‑A Opihi harvesting and possession; restricted. (a) Except as provided in this section, it shall be unlawful for any person at any time to take, harvest, or possess opihi from off-shore islets in the State, including those islands listed in the Atlas of Hawaii, Third Edition (1998), man-made jetties and breakwaters, as well as fishery management areas, fisheries replenishment areas, natural area reserves, refuges, and marine life conservation districts established by the department of land and natural resources, division of aquatic resources.

(b) It shall be unlawful for any person at any time of the year to take or harvest opihi from below the waterline, or possess opihi taken from below the waterline, of any coastal area or nearshore waters of the islands of the State.

(c) It shall be unlawful for any person to take or harvest opihi from above the waterline of the coastal areas or nearshore waters of the State or be in possession of opihi within the State during closed seasons; provided that:

(1) Opihi taken or harvested from above the waterline during the open seasons may be possessed for sale or consumption during the closed seasons; and

(2) The division of aquatic resources of the department of land and natural resources and the Hawaii institute of marine biology of the University of Hawaii shall jointly determine the dates for open and closed opihi harvesting seasons.

(d) The division of aquatic resources of the department of land and natural resources shall submit an annual report on the effectiveness and enforcement of this section to the legislature no later than twenty days prior to each regular session, commencing with the regular session of 2014 and continuing through the regular session of 2017.

(e) The Kaho‘olawe island reserve commission shall govern the taking, harvesting, or possessing of opihi in the Kaho‘olawe island reserve, including the islands of Puukoae and Aleale.

(f) This section shall not apply to any person exercising native Hawaiian gathering rights and traditional practices as authorized by law, or as permitted by the department of land and natural resources pursuant to article XII, section 7, of the Hawaii State Constitution.

(g) As used in this section, "opihi" means all known Hawaiian opihi species, including Cellana exarata (blackfoot), Cellana sandwicensis (yellowfoot), Cellana talcosa (koele), and Cellana melanostoma (greenfoot).

§188-B Opihi harvesting or taking; Oahu; prohibited. Except as provided in section 188-A(f), and notwithstanding any other provision to the contrary, until June 30, 2017, it shall be unlawful for any person at any time to take or harvest opihi from the coastal areas or nearshore waters of the island of Oahu."

SECTION 3. In codifying the new sections added by section 2 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 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	2923
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII