STAND. COM. REP. NO. 1643

Honolulu, Hawaii

RE: H.B. No. 1018

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 1018, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO LAY NETS,"

beg leave to report as follows:

The purpose and intent of this measure is to authorize the Department of Land and Natural Resources (DLNR) to adopt rules to establish a lay net permit for the use or possession of lay nets, including reasonable permit fees and provisions for revocation, suspension, and withholding of permits for noncompliance with lay net rules.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, The Nature Conservancy, Hawai‘i Reef and Ocean Coalition, Clean the Pacific, Center for Biological Diversity, For the Fishes, and four individuals.

Your Committees find that despite detailed lay net rules implemented by DLNR, including lay net registration and identification requirements and restrictions on lay net dimensions, mesh size, soak time, time of day, frequency between sets, water depth, and location, the illegal and irresponsible use of lay nets continues with adverse impacts to both fishery resources and protected species. Your Committees further find that lay net violations are primarily fishery-related infractions that DLNR investigates. Your Committees additionally find that the establishment of a lay net permit system will allow DLNR to more effectively regulate the use of these devices and enforce those regulations against noncompliance. This measure will authorize DLNR to adopt rules to establish a lay net permit for the use or possession of lay nets, including reasonable permit fees and provisions for revocation, suspension, and withholding of permits for noncompliance with lay net rules.

Your Committees have amended this measure by:

(1) Making it effective upon its approval; and

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

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1018, H.D. 2, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1018, H.D. 2, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair