SB580 HD1.DOC

PART I

SECTION 1. Chapter 190, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§190-A Conservation districts; reporting requirements. Upon the effective date of Act , Session Laws of Hawaii 2012, the department of land and natural resources shall conduct a review of the effectiveness of the two existing marine life conservation districts on Maui. Subsequent to that review, the department of land and natural resources shall conduct a similar review every five years. The department of land and natural resources shall hold public informational meetings and hearings pursuant to chapter 91 to ensure community participation and involvement in the reviews. The department shall submit a report of its findings and recommendations based on its review to the legislature no later than twenty days prior to the convening of the regular session following the review, beginning with the regular session of 2013. The department shall also submit the dates establishing the existing management areas, provide copies of previous reports and recommendations based upon previous reviews for effectiveness, and submit a schedule of the next scheduled management area reviews."

SECTION 2. For purposes of section 190-A, Hawaii Revised Statutes, the review and report shall be a product of community involvement including collaboration among the department of land and natural resources, University of Hawaii, The Humane Society of the United States, Maui Tomorrow, Hui Ho'omalu i ka 'Aina, Pacific Whale Foundation, and other affected or interested parties as determined by the department of land and natural resources.

PART II

SECTION 3. The purpose of this part is to statutorily establish the division of aquatic resources within the department of land and natural resources.

SECTION 4. Section 26-38, Hawaii Revised Statutes, is amended to read as follows:

"§26-38 Powers and duties of heads of departments. Except as otherwise provided by this chapter, every power and duty conferred by law and required to be performed by any officer, board, department, bureau, commission, administrative agency, or instrumentality of the State existing immediately prior to November 25, 1959, shall hereafter be exercised and performed by the head of the respective department established by this chapter, whether the head of the department be a single executive, board, or commission.

Except as otherwise provided by this chapter, the head of a department may assign any function vested in [~~his~~] the department to any subordinate officer or employee as [he] the head of the department deems desirable.

With the approval of the governor, the head of a department may establish or abolish within [~~his~~] the department any division or other administrative unit to achieve economy and efficiency and in accord with sound administrative principles and practices and procedures[.]; provided that the chairperson of the board of land and natural resources shall not use this authority to abolish or consolidate the division of aquatic resources established under section 187A-4.

The head of each department may prescribe regulations for the administration of [~~his~~] the department, for the conduct of its employees, for the performance of its business, and for the custody, use, and preservation of records, equipment, and other property pertaining thereto; provided that the regulations shall not be inconsistent with the requirements of chapters 76, 91, and 92, or rules promulgated by the governor, or other laws of the State."

SECTION 5. Section 187A-4, Hawaii Revised Statutes, is amended to read as follows:

"§187A-4 [~~Administrator.~~] Division of aquatic resources; administrator. [~~The board shall appoint an administrator~~] (a) There is established a division of aquatic resources [~~who~~] within the department. The division shall have charge, direction, and control of all matters relating to aquatic resources management, conservation, and development [~~activities~~] under this title, and such other matters relating to aquatic resources as the board may direct[~~. The~~]; except that:

(1) The enforcement of laws and rules regulating aquatic resources shall be the responsibility of the conservation and resources enforcement program established pursuant to chapter 199 instead of the division, unless otherwise directed by the board; and

(2) For the purpose of achieving efficiency, the board may provide administrative services for the division of aquatic resources through another division or unit of the department.

(b) The division of aquatic resources shall not be placed organizationally under any other division or unit of the department, except the board and office of the chairperson.

The division of aquatic resources shall not have primary responsibility for a matter unrelated directly and substantially to aquatic resources management, development, or conservation.

(c) The division of aquatic resources shall be headed by an administrator, who shall be trained and educated in natural resource management."

PART III

SECTION 6. 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 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	580
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII		H.D. 1