SB1165 SD1.DOC

SECTION 1. The legislature finds that the State has historically relied on the federal government to pay for state personnel performing duties relating to the State's co‑management of the Hawaiian islands humpback whale national marine sanctuary and the Papahanaumokuakea marine national monument. This situation has created a perception that a conflict of interests may prevent the federally funded state co-managers from adequately representing the interests of the State. Further, for the past several years the federal government has reduced funding for the state co-manager positions and federal funding will be eliminated for the upcoming fiscal year.

The purpose of this Act is to:

(1) Establish the Hawaiian islands humpback whale national marine sanctuary program within the department of land and natural resources;

(2) Establish the Papahanaumokuakea marine national monument program within the department of land and natural resources;

(3) Establish the co-managed marine area special fund within the state treasury; and

(4) Appropriate funds to the co-managed marine area special fund to initially support the programs to provide sufficient time for moneys to be deposited into the special fund for the administration and management of the programs.

PART I

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter A

Hawaiian islands humpback whale national marine sanctuary

§A-1 Purpose. The purpose of this chapter is to establish the Hawaiian islands humpback whale national marine sanctuary program to coordinate and fulfill the State's role and responsibility in co-managing the Hawaiian islands humpback whale national marine sanctuary.

§A-2 Definitions. As used in this chapter:

"Board" means the board of land and natural resources.

"Department" means the department of land and natural resources.

"Fund" means the co-managed marine area special fund.

"Monument" shall have the same meaning as in section B-2.

"Monument program" shall have the same meaning as in section B-2.

"Sanctuary" means the Hawaiian islands humpback whale national marine sanctuary as designated by Congress in the 1992 Hawaiian Islands National Marine Sanctuary and Protection Act (Subtitle C of Public Law 102-587, as amended by Public Law 104-283) and as may be amended or renamed in accordance with the five-year sanctuary management plan review process established by section 304(e) of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (16 U.S.C. 1434), title III of which Act is known as the National Marine Sanctuaries Act (16 U.S.C. 1431-1445c).

"Sanctuary program" means the state program that manages the sanctuary.

§A-3 Lead agency to co-manage sanctuary. The department is designated as the lead state agency to co-manage the sanctuary in accordance with the National Marine Sanctuaries Act and a compact agreement between the State and the National Oceanic and Atmospheric Administration regarding the management of the sanctuary. As the lead agency, the department shall conduct its stewardship responsibility for managing, administering, and exercising control over lands, waters, and natural resources within the State's jurisdiction.

§A-4 Sanctuary program. The Hawaiian islands humpback whale national marine sanctuary program is established and placed within the department to coordinate and fulfill the State's management responsibilities with regard to the sanctuary. The sanctuary program may:

(1) Issue permits as consistent with applicable state laws to fulfill its responsibilities;

(2) Provide advice and recommendations to the governor, the department, and other state departments and agencies on matters relating to the management of the sanctuary;

(3) Adopt rules in accordance with chapter 91 to effectuate the purposes of this chapter; and

(4) Solicit and accept grants, donations, and contributions to support the purposes of this chapter.

§A-5 Fees. The department may charge fees pursuant to a schedule of fees established by administrative rules.

§A-6 Penalties. (a) Any person who violates this chapter or any rule adopted pursuant to section A-4(3), including non-compliance with the terms or conditions of a permit issued pursuant to this chapter, shall be subject to administrative penalties established by rules that provide at a minimum that the offender shall be fined not less than:

(1) $250 for a first offense;

(2) $500 for a second offense; and

(3) $1,000 for each offense thereafter.

(b) The fines specified in this section and in rules adopted pursuant to section A-4(3) shall not be suspended or waived.

(c) Any administrative penalty assessed pursuant to this section shall not preclude the State from pursuing a criminal action or forfeiture proceeding as otherwise provided by law.

(d) Except as otherwise provided by law, the board or its duly authorized delegate may impose administrative penalties as provided by section 187A-12.5.

§A-7 Co-managed marine area special fund. (a) There is established in the state treasury the co-managed marine area special fund, into which shall be deposited:

(1) Administrative fees and penalties assessed pursuant to chapters A and B;

(2) Fees for permits and licenses charged by the department relating to the sanctuary program and the monument program;

(3) Moneys received from the federal government or an agency or department thereof for the management of the sanctuary or the monument; and

(4) Appropriations made by the legislature to the fund.

(b) Moneys in the fund shall be used by the department for the administration and management, including the hiring of necessary staff, of the sanctuary program and the monument program."

PART II

SECTION 3. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter B

Papahanaumokuakea marine national monument

§B-1 Purpose. The purpose of this chapter is to establish the Papahanaumokuakea marine national monument program to coordinate and fulfill the State's role and responsibility in co-managing the Papahanaumokuakea marine national monument.

§B-2 Definitions. As used in this chapter:

"Board" means the board of land and natural resources.

"Department" means the department of land and natural resources.

"Fund" means the co-managed marine area special fund.

"Monument" means the Papahanaumokuakea marine national monument as established by Presidential Proclamation 8031 of June 15, 2006 (71 Fed. Reg. 36443), under the authority of the United States Antiquities Act (16 U.S.C. 431).

"Monument program" means the Papahanaumokuakea marine national monument program.

§B-3 Lead agency to co-manage monument. The department is designated as the lead state agency to co-manage the monument in accordance with Presidential Proclamation 8031 of June 15, 2006 (71 Fed. Reg. 36443) and the December 8, 2006 memorandum of agreement between the department, United States Fish and Wildlife Service, and National Oceanic and Atmospheric Administration. As the lead agency, the department shall conduct its stewardship responsibility for managing, administering, and exercising control over lands, waters, and natural resources within the State's jurisdiction. Further, as the lead agency, the department shall also collaborate with the office of Hawaiian affairs in the perpetuation of Hawaiian cultural resources within the monument, including the customary and traditional rights and practices of native Hawaiians exercised for subsistence, cultural, and religious purposes under section 7 of article XII of the Constitution of the State of Hawaii.

§B-4 Monument program. The Papahanaumokuakea marine national monument program is established and placed within the office of the chairperson of the board to coordinate and fulfill the State's management responsibilities with regard to the monument. The monument program may:

(1) Issue permits as part of the co-trustee monument permit process consistent with applicable state laws, the Presidential Proclamation 8031 (71 Fed. Reg. 36443, and 50 C.F.R. part 404);

(2) Provide advice and recommendations to the governor, the department, and other state departments and agencies on matters relating to the management of the monument area;

(3) Adopt rules in accordance with chapter 91 to effectuate the purposes of this chapter; and

(4) Solicit and accept grants, donations, and contributions to support the purposes of this chapter.

§B-5 Fees. The department may charge fees pursuant to a schedule of fees established by administrative rules.

§B-6 Penalties. (a) Any person who violates this chapter or any rule adopted pursuant to section B-4(3), including non-compliance with the terms or conditions of a permit issued pursuant to this chapter, shall be subject to administrative penalties established by rules that provide at a minimum that the offender shall be fined not less than:

(1) $250 for a first offense;

(2) $500 for a second offense; and

(3) $1,000 for each offense thereafter.

(b) The fines specified in this section and in rules adopted pursuant to section B-4(3) shall not be suspended or waived.

(c) Any administrative penalty assessed pursuant to this section shall not preclude the State from pursuing a criminal action or forfeiture proceeding as otherwise provided by law.

(d) Except as otherwise provided by law, the board or its duly authorized delegate may impose administrative penalties as provided by section 187A-12.5."

PART III

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $135,000 or so much thereof as may be necessary for fiscal year 2015-2016 and the sum of $67,500 or so much thereof as may be necessary for fiscal year 2016-2017 for the funding of one state co-manager of the Hawaiian islands humpback whale national marine sanctuary and one state co-manager of the Papahanaumokuakea marine national monument, within the department of land and natural resources.

The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. There is appropriated out of the co-managed marine area special fund of the State of Hawaii the sum of $102,600 or so much thereof as may be necessary for fiscal year 2016-2017 for the funding of one state co-manager of the Hawaiian islands humpback whale national marine sanctuary and one state co-manager of the Papahanaumokuakea marine national monument, within the department of land and natural resources.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 6. In codifying the new sections added by section 2 and 3 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. This Act shall take effect on July 1, 2015.

THE SENATE	S.B. NO.	1165
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
STATE OF HAWAII