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THE SENATE |
S.B. NO. |
2848 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BOTTOMFISH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature
finds that in the late 1990s, the federal government determined that overfishing
of certain bottomfish was occurring around the main Hawaiian islands.
To address the problem, the department of land and natural resources instituted a system for several bottomfish restricted fishing areas
and various administrative rules. In 2007, the department of land and natural resources reduced the number of
bottomfish restricted fishing
areas but increased the area of the remaining
twelve bottomfish restricted fishing areas.
The legislature further finds that as a result of
the federal determination of overfishing of certain bottomfish, the department
of land and natural resources established a coordinated bottomfish management
plan with the National Oceanic and Atmospheric Administration fisheries. The management plan includes peer-reviewed,
science-based stock assessment that establishes the current annual catch limits,
which stop all fishing, sale, and possession of certain species of bottomfish,
referred to as deep 7 bottomfish, for each fishing year.
The legislature further finds that the bottomfish
that are subject to fishing restrictions under Hawaii law
are no longer being overfished or subject to other stressors. Furthermore, the department of land and natural resources has not established a validated scientific basis upon which to continue restricting the
fishing of bottomfish through the bottomfish restricted
fishing areas system.
The purpose of this Act is to ensure that regulations related to bottomfish are supported by the current status of stocks and scientific evidence.
SECTION 2. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§187A- Bottomfishing rules. (a)
Any rule adopted by the department pursuant to section 187A-5 that
regulates the fishing of bottomfish shall be supported by peer-reviewed,
scientific evidence and statistics on current status of stocks, indicating an
environmental necessity for the regulation.
(b) Any regulation that does not comply with
subsection (a) shall be deemed void and unenforceable.
(c) In the absence of a rule adopted by the
department to restrict the fishing of bottomfish, the federal guidelines
regarding annual catch limits of bottomfish shall apply.
(d) When a coordinated state and federal
management system is implemented, the system shall be consistent with the fishery management plan provisions
of the Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended.
(e) As used in this section, the term
"bottomfish" refers to the following species:
(1) ‘Ula‘ula koa‘e, ruby or
longtail snapper, or onaga (Etelis coruscans);
(2) ‘Ula‘ula or ehu (Etelis carbunculus);
(3) Kalekale (Pristipomoides sieboldii);
(4) ‘Ōpakapaka (Pristipomoides
filamentosus);
(5) ‘Ukikiki or gindai
(Pristipomoides zonatus);
(6) Hāpu‘u, hapu‘upu‘u, or Hawaiian grouper (Epinephelus
quernus); and
(7) Lehi or rusty jobfish (Aphareus rutilans)."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on March 15, 2099.
Report Title:
Aquatic Resources; Bottomfish; Department of Land and Natural Resources; Rules
Description:
Ensures that any rules adopted by the department of land and natural resources relating to bottomfishing are supported by the current status of stocks and scientific evidence. Takes effect on 3/15/2099.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.