STAND. COM. REP. NO. 490-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 1075

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Water, Land, & Hawaiian Affairs, to which was referred H.B. No. 1075 entitled:

"A BILL FOR AN ACT RELATING TO BAG LIMITS,"

begs leave to report as follows:

The purpose of this measure is to remove any conflicts that exist between the Hawaii Administrative Rules and Hawaii Revised Statutes regarding the taking or killing of certain crustaceans by repealing the statutory prohibition on taking or killing of female spiny lobsters, Kona crabs, and Samoan crabs.

Your Committee received testimony in support of this measure from the Hawai‘i Fisherman's Alliance for Conservation and Tradition, Inc. and seven individuals. Your Committee received comments on this measure from the Department of Land and Natural Resources (DLNR).

Your Committee finds that existing law prohibits the taking or killing of any female spiny lobster, Kona crab, or Samoan crab. Your Committee further finds that DLNR has adopted various administrative rules regulating the taking or killing of these crustaceans, including minimum size limits, seasonal restrictions, gear restrictions, and a prohibition on the taking of egg-bearing females. These somewhat conflicting regulations often create confusion and may not reflect the best science-based regulations for the population management of these crustaceans. According to DLNR, new scientific information about Kona crabs has shown that the prohibition on the taking of female Kona crabs may be creating a sex ratio and size imbalance that may inhibit successful reproduction. This measure allows DLNR to adopt more appropriate science-based rules for the management of these species.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 2050, to encourage further discussion, but conditioned on DLNR adopting administrative rules on the taking or killing of female spiny lobsters, Kona crabs, and Samoan crabs prior to the effective date of this measure; and

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

As affirmed by the record of votes of the members of your Committee on Water, Land, & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1075, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1075, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Hawaiian Affairs,

____________________________

RYAN I. YAMANE, Chair