STAND. COM. REP. NO. 769

Honolulu, Hawaii

RE:    S.B. No. 580

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 580, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AQUATIC LIFE,"

begs leave to report as follows:

     The purpose and intent of this measure is to require the Department of Land and Natural Resources to establish two additional marine life conservation districts, each one extending three miles or less from the shoreline of the Island of Maui into state marine waters.  This measure also requires the Department of Land and Natural Resources to report to the Legislature annually on the effectiveness and enforcement of the two additional marine life conservation districts.

     Your Committee received testimony in support of this measure from the Pacific Whale Foundation; Hui Ho‘omalu i ka ‘Aina; Maui Tomorrow; The Humane Society of the United States; and numerous individuals.  Your Committee received testimony in opposition to this measure from seven individuals.  Your Committee received comments on this measure from the Department of Land and Natural Resources and seven individuals.

    Marine life conservation districts are recognized in chapter 190, Hawaii Revised Statutes, as a valuable marine resources management tool.  Chapter 190 also designates the Department of Land and Natural Resources as the lead agency in the administration of marine life conservation districts and authorizes the Department to establish and modify the limits of these conservation districts.

    Your Committee finds that establishing marine life conservation districts is an effective approach to furthering the policies and objectives of the Hawaii Ocean Resources Management Plan.  The districts integrate the management of activities and resource use to sustain the quality and health of living and non-living marine resources and to ensure that the management of fisheries and ocean recreation activities is coordinated to enhance the effectiveness of marine life protection.

    Your Committee believes, however, that these conservation districts should include the integrated regional management tools developed for the West Hawaii Regional Fishery Management Area (West Hawaii FMA) pursuant to Act 306, Session Laws of Hawaii 1998.  The West Hawaii FMA was developed to provide for the effective management of fishery activities in the West Hawaii coastal area, to enhance near-shore resources, and to minimize conflicts of use.  The West Hawaii FMA established by Act 306 has been successful due to the integration of reporting requirements and community involvement.  Your Committee believes that incorporation of these provisions in this measure will enhance the marine life conservation districts established under this measure.

     Your Committee has amended this measure by:

     (1)  Changing the annual reporting requirement by requiring instead a report by the Department of Land and Natural Resources, in collaboration with the University of Hawaii and with community involvement, to be submitted every five years to the Legislature, beginning with the Regular Session of 2013;

     (2)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 580, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 580, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair