SB580 HD1 PROPOSED LRB 12-2039

PART I.

SECTION 1. The purpose of this part is to require the establishment of two marine life conservation districts for the island of Maui.

SECTION 2. Chapter 190, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§190-A Conservation districts established; island of Maui. In addition to marine life conservation districts as established by the department of land and natural resources pursuant to section 190-2, including marine life conservation districts on the island of Maui at Honolua-Mokuleia Bay and Molokini Shoal, the department of land and natural resources shall establish two additional marine life conservation districts, each one extending three miles or less from the shoreline, as defined in section 205A-1, of the island of Maui into state marine waters.

§190-B Conservation districts; reporting requirements. A review of the effectiveness of the marine life conservation districts established pursuant to section 190-A shall be conducted every five years by the department of land and natural resources, in collaboration with the University of Hawaii, and shall be a product of community involvement. The department shall submit a report of its findings and recommendations based on the 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."

SECTION 3. For purposes of section 190-B, 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 4. The purpose of this part is to statutorily establish the division of aquatic resources under the department of land and natural resources.

SECTION 5. 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 department to any subordinate officer or employee as he deems desirable.

With the approval of the governor, the head of a department may establish or abolish within his 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 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 6. Section 187A-4, Hawaii Revised Statutes, is amended to read as follows:

"§187A-4 [~~Administrator.~~ ~~The board shall appoint an administrator~~] Division of aquatic resources; administrator. (a) There shall be a division of aquatic resources [~~who~~] under 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[.]; except that:

(1) The enforcement of laws and rules regulating aquatic resources shall be the responsibility of the conservation and resources enforcement program of 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 by 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 shall not have primary responsibility for a matter unrelated directly and substantially to aquatic resources management, development, or conservation.

PART III.

SECTION 7. 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 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, 2050.

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