STAND. COM. REP. NO. 1293-18

Honolulu, Hawaii

, 2018

RE: S.B. No. 2079

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Ocean, Marine Resources, & Hawaiian Affairs, to which was referred S.B. No. 2079, S.D. 2, entitled:

"A BILL FOR AN ACT RELATED TO SHARK AND RAY PROTECTION,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish penalties and fines for any person who knowingly captures, takes, possesses, abuses, or entangles any shark, whether alive or dead, or kills any shark, within state marine waters and makes it a misdemeanor;

(2) Expand the existing prohibition on knowingly capturing or killing a manta ray to all rays;

(3) Expand the prohibition regarding rays to cover knowingly capturing, taking, possessing, abusing, or entangling a ray, whether alive or dead, or killing a ray, within state marine waters; and

(4) Provide certain exemptions.

The Office of Hawaiian Affairs, Animal Rights Hawai‘i, Hawaiian Civic Club of Honolulu, The Humane Society of the United States, Humane Society International, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, West Hawaii Humane Society, Keiko Conservation International, I.SEA. Conservation, One Ocean Research & Diving, Maui Island Mermaids, Surfrider Foundation – Oahu Chapter, and numerous individuals testified in support of this measure. Two individuals testified in opposition to this measure. The Department of Land and Natural Resources provided comments on this measure.

Your Committee notes that there has been ample discussion indicating that the practice of feeding sharks leads to aggression in sharks. Your Committee respectfully encourages the Committee on Finance to continue the discussion and to consider potential methods to curtail this practice.

Your Committee further notes its concerns about baiting sharks and rays in order to draw them to certain locations for tourism purposes. Sharks and rays have a unique significance to the Native Hawaiian culture, and baiting these animals for tourism purposes exploits them for the financial gain of the tourism industry, at the expense of cultural respect for the sharks and rays.

Your Committee has amended this measure by changing its effective date to December 24, 2088.

As affirmed by the record of votes of the members of your Committee on Ocean, Marine Resources, & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2079, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2079, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Ocean, Marine Resources, & Hawaiian Affairs,

____________________________

KANIELA ING, Chair