The Bill as it currently is written:
"Report Title:
Fish Replenishment Areas; Ornamental Fish
Description:
Requires the department of land and natural resources to establish a network of fish replenishment areas on Maui and Oahu with the option of establishing them on additional islands as warranted in the future. (SB3225 SD2)
THE SENATE
S.B. NO.
3225
TWENTY-FOURTH LEGISLATURE, 2008
S.D. 2
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO FISHING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that 2008 was designated as the international year of the reef. The health of Hawaii's reefs and the ecosystems associated with them are an integral part of the health of Hawaii's economy. Ornamental reef fish that are critical to the health of Hawaii's reefs are being collected for aquarium use, thereby impacting fish populations and habitats. With limited regulation for effective management in place, the reef habitats around Maui and Oahu are being degraded and fish populations are decreasing. The legislature acknowledges that fish left on the reef benefit the reef, as well as Hawaii's economy.
The legislature further finds that there are increasing and competing interests between people who want to view marine ornamental or aquarium species in the wild and people who want to collect or make a living from the sale of these ornamental marine species. There is a need for comprehensive and sustainable strategies to manage the taking of ornamental marine species, as well as for species conservation in the wild.
The legislature further finds that the aquarium fishery is the most highly valued commercial fishery in state waters, with nearly two hundred commercial fishers presently holding valid aquarium permits for this fishery. Similarly, snorkeling and scuba diving, particularly among Hawaii's visitors, are important activities that contribute significantly to Hawaii's economy and that depend upon healthy marine environments. For instance, a 2003 study of Kihei reefs in South Maui by the Hawaii Coral Reef Initiative concluded that those reefs alone contributed a net of $28,000,000 per year to the State's economy, with twenty‑nine per cent coming from the snorkeling and diving industry. A healthy and vibrant fishery supports Hawaii's economic well-being.
The legislature further finds that the aquarium fishery in West Hawaii has been managed by previous legislative mandate through Act 306, Session Laws of Hawaii 1998. Act 306 established the West Hawaii regional fisheries management area, extending from Upolu Point to South Point, and created a network of fish replenishment areas, comprising thirty‑five per cent of this coastline. The collecting of marine ornamental species is prohibited within fish replenishment areas.
The results of the management in West Hawaii are clear. Compared to the period before the fish replenishment areas were in effect, 1999 to 2000, recent data indicates that the overall number of yellow tangs along the West Hawaii coast has increased by thirty‑five per cent and the number of yellow tangs within the fish replenishment areas has increased by ninety‑five per cent. These increases have occurred in conjunction with an expansion of the aquarium fishery. Fishery reports note the total number of yellow tangs collected has increased by eighty‑one per cent; the value of the yellow tang catch has increased by one hundred sixty‑four per cent and the price paid to the fisherman for each yellow tang has increased by forty‑six per cent. These results have proven positive for the reef ecosystem and beneficial to snorkeling, diving, and other non‑extractive activities that rely upon abundant marine life, while at the same time sustaining a viable commercial marine ornamental fishery.
The purpose of this Act is to establish a similar, but regionally appropriate, fishery management strategy for the islands of Maui and Oahu.
SECTION 2. Chapter 188F, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"[WEST] HAWAII REGIONAL FISHERY MANAGEMENT [AREA] AREAS"
SECTION 3. Chapter 188F, Hawaii Revised Statutes, is amended by designating sections 188F-1 through 188F-5 as part I, entitled:
"PART I. WEST HAWAII REGIONAL FISHERY MANAGEMENT AREA"
SECTION 4. Section 188F-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§188F-4[]] West Hawaii regional fishery management area plan. The department shall develop a West Hawaii regional fishery management area plan that identifies and designates appropriate areas of the management area as follows:
(1) Designates a minimum of thirty per cent of coastal waters in the West Hawaii regional fishery management area as fish replenishment areas in which aquarium fish collection is prohibited;
(2) Establishes a day-use mooring buoy system along the coastline of the West Hawaii regional fishery management area and designates some high-use areas where no anchoring is allowed;
(3) Establishes a portion of the fish replenishment areas as fish reserves where no fishing of reef-dwelling fish is allowed; [and]
(4) Designates areas where the use of gill nets as set nets shall be prohibited[.];
(5) Conducts a continuing stock assessment for yellow tangs in West Hawaii waters every two years beginning in 2010, based upon the best available data, and seeks to extend the stock assessment to a statewide scope if sufficient data is available;
(6) Begins implementation of a limited entry program for aquarium fishing in West Hawaii before June 1, 2009, and establishes criteria for documenting and certifying participation in the fishery; and
(7) Develops appropriate criteria for classifying species as being of sufficient concern for a harvest prohibition. A listing of the species of special concern for West Hawaii shall be completed before January 1, 2009."
SECTION 5. Chapter 188F, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§188F‑A West Hawaii regional fishery management area; exemptions. The West Hawaii regional fishery management area shall be exempt from any aquarium management provisions for other regional fishery management areas unless the provisions specifically apply to the entire State."
SECTION 6. Chapter 188F, Hawaii Revised Statutes, is amended by adding four new parts to be appropriately designated and to read as follows:
"PART . OAHU REGIONAL FISHERY MANAGEMENT AREA
§188F‑B Definitions. As used in this part, unless the context requires otherwise:
"Management area" means the Oahu regional fishery management area established in section 188F‑C.
"Plan" means the Oahu regional fishery management area plan established in section 188F‑E.
§188F‑C Oahu regional fishery management area; establishment. The department shall establish the Oahu regional fishery management areas to improve the management of consumptive and nonconsumptive uses of aquatic resources encompassing the State's marine waters surrounding the island of Oahu.
§188F‑D Oahu regional fishery management area; purpose. The purpose of the Oahu regional fishery management area shall be to:
(1) Ensure the sustainability of the State's nearshore ocean resources;
(2) Provide management plans utilizing the full range of management measures based upon the best available scientific information, as well as implementing rules for minimizing user conflicts and resource depletion in the commercial aquarium fishery on the island of Oahu;
(3) Identify areas and resources of statewide significance for protection;
(4) Carry out scientific research and monitoring of the nearshore resources and environment; and
(5) Provide for substantive involvement of community stakeholders and representatives of the city and county of Honolulu and the community in resource management decisions for this area through facilitated dialogues with community residents and resource users.
§188F‑E Oahu regional fishery management area plan. The department shall:
(1) Establish a network of fish replenishment areas on Oahu that comprise at least thirty per cent of the coastline, but no more than thirty‑five per cent, before January 1, 2010. Aquarium fish collecting shall be prohibited within the fish replenishment areas;
(2) Designate the specific areas for aquarium closure within fish replenishment areas and other restrictions after consultation and substantive dialogue with community stakeholders and resource users;
(3) Develop appropriate criteria for classifying species as being of sufficient concern for a harvest prohibition; provided that the listing of these species of special concern for Oahu shall be completed before January 1, 2010;
(4) Implement a limited entry program for aquarium fishing on Oahu before June 1, 2010; and
(5) Establish criteria for documenting and certifying participation in the fishery.
§188F‑F Review. A review of the effectiveness of the Oahu regional fishery management area plan shall be conducted every five years by the department in cooperation with the University of Hawaii. Based upon its review, the department shall submit a report of its findings and recommendations to the legislature no later than twenty days prior to the convening of each regular session following the review.
PART . MAUI REGIONAL FISHERY MANAGEMENT AREA
§188F‑G Definitions. As used in this part, unless the context requires otherwise:
"Management area" means the Maui regional fishery management area established in section 188F‑H.
"Plan" means the Maui regional fishery management area plan established in section 188F‑J.
§188F‑H Maui regional fishery management area; establishment. The department shall establish the Maui regional fishery management area to improve the management of consumptive and nonconsumptive uses of aquatic resources encompassing the State's marine areas surrounding the island of Maui.
§188F‑I Maui regional fishery management area; purpose. The purpose of the Maui regional fishery management area shall be to:
(1) Ensure the sustainability of the State's nearshore ocean resources;
(2) Provide management plans utilizing the full range of management measures based upon the best available scientific information, as well as implementing rules for minimizing user conflicts and resource depletion in the commercial aquarium fishery on the island of Maui;
(3) Identify areas and resources of statewide significance for protection;
(4) Carry out scientific research and monitoring of the nearshore resources and environment; and
(5) Provide for substantive involvement of community stakeholders and representatives of the county of Maui and the community in resource management decisions for this area through facilitated dialogues with community residents and resource users.
§188F‑J Maui regional fishery management area plan. The department shall:
(1) Establish a network of fish replenishment areas on Maui that comprise at least thirty per cent of the coastline, but no more than thirty‑five per cent, before January 1, 2010. Aquarium fish collecting shall be prohibited within the fish replenishment areas;
(2) Designate the specific areas for aquarium closure within fish replenishment areas and other restrictions after consultation and substantive dialogue with community stakeholders and resource users;
(3) Develop appropriate criteria for classifying species as being of sufficient concern for a harvest prohibition; provided that the listing of these species of special concern for Maui shall be completed before January 1, 2010;
(4) Implement a limited entry program for aquarium fishing on Maui before June 1, 2010; and
(5) Establish criteria for documenting and certifying participation in the fishery.
§188F‑K Review. A review of the effectiveness of the Maui regional fishery management area plan shall be conducted every five years by the department in cooperation with the University of Hawaii. The department shall submit a report of its findings and recommendations based on the review to the legislature no later than twenty days prior to the convening of each regular session following the review.
PART . OTHER REGIONAL FISHERY MANAGEMENT AREAS
§188F‑L Other regional fishery management areas. The department, by rule, may establish other regional fishery management areas and limited entry programs on additional islands within the State if the department deems it warranted by future circumstances.
PART . OTHER AQUARIUM MANAGEMENT PROVISIONS
§188F‑M Other aquarium management provisions. The department of land and natural resources shall:
(1) Evaluate and, if necessary, revise the statewide aquarium catch report required by section 189‑3 to provide more accurate information on daily catch and the effort with enhanced geographic resolution;
(2) Seek to verify all aquarium catch reports with wholesaler purchase reports. The department shall have the authority to examine the books, records, and holding facilities of all aquarium wholesalers to provide an accurate estimate of the catch in the Hawaii aquarium fishery;
(3) Institute a series of sequentially escalating penalties, which may include suspension or revocation of aquarium or wholesale dealer permits by civil proceedings, for individuals found to be in violation of monthly reporting requirements; and
(4) Reexamine the language of its commercial marine license to ensure that it contains a clear right to inspection of catch and suitable consequences for failing to submit monthly catch reports so that the department can more effectively and responsibly manage the fishery.
§188F‑N Rules. The department shall adopt rules to effectuate the purpose of this chapter in accordance with chapter 91."
SECTION 7. Section 188F-6, Hawaii Revised Statutes, is repealed.
["[§188F-6] Rules. The department shall adopt rules to effectuate the purposes of this chapter in accordance with chapter 91."]
SECTION 8. Chapter 188F, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:
"§188F‑O Rights of inspection. (a) Notwithstanding section 187A‑15, any agent of the department of land and natural resources who has been conferred powers of police officers by the board of land and natural resources and any other duly authorized law enforcement officer of the State shall have the authority to the conduct examinations and inspections of:
(1) The contents of any bag or container of any kind that the officer reasonably believes may be used to carry aquatic life for which a commercial marine license or aquarium permit is required under title 12, subtitle 5, Hawaii Administrative Rules or any other state or federal statute; and
(2) Any area of a conveyance that the officer reasonably believes may be used to transport aquatic life for which a commercial marine license or aquarium permit is required under the rules in paragraph (1) or any other state or federal statute or rule; for compliance with the terms or conditions of the commercial marine license or aquarium permit issued under the rules in paragraph (1) or any statute or rule. Written consent to inspection shall be a condition of the commercial marine license or aquarium permit issued under rules in paragraph (1) by the department. No person shall refuse any enforcement officer of the department or any other enforcement officer of the State an examination and inspection for purposes of determining compliance with the terms of any commercial marine license or aquarium permit relating to aquatic life. Refusal to grant an examination or inspection shall result in immediate revocation of the commercial marine license or aquarium permit.
(b) Every individual to whom a commercial marine license or aquarium permit has been issued shall physically possess the license or permit at all times when engaged in commercial fishing activities and shall not permit any other person to carry, display, or use the license or permit in any manner.
(c) Any authorized officer may demand that an individual who the officer reasonably believes is engaged in taking aquatic life that requires a commercial marine license or aquarium permit show the license or permit.
(d) The applicant shall be informed that the applicant may refuse or withdraw consent to submit to inspection for compliance, but that the applicant's commercial marine license or aquarium permit will be immediately suspended and may be subsequently revoked by the department.
(e) Notwithstanding section 187A-13, it shall be grounds for the department to immediately suspend and begin proceedings to revoke any license or permit that a person may have authorizing the taking of aquatic resources if the person:
(1) Refuses to show a required commercial marine license or aquarium permit; or
(2) Refuses to give or withdraws consent to an inspection of a bag or other closed container that the officer reasonably believes could be used to take or transport aquatic resources for which a license or permit is required.
(f) Before a commercial marine license or aquarium permit may be issued, an applicant shall agree to comply with all terms and conditions of the applicable license or permit and all applicable laws and rules, including consenting to inspection pursuant to this section, for determination of compliance with the terms and conditions of the license or permit by a duly authorized representative of the department.
(g) The department shall create a valid administrative commercial aquarium inspection scheme to enforce its aquatic rules.
§188F‑P South Maui fish replenishment area; interim. (a) The department shall establish an interim fish replenishment area, to take effect immediately, for south Maui comprising the coastline from Kahekili Park to Ahihi Kinau.
(b) The department shall develop appropriate criteria for classifying species as being of sufficient concern for a harvest prohibition, including that the fish are rare, at risk, or do not survive well during transport and captivity. The harvest prohibition shall include bandit angelfish, flame angelfish, masked angelfish, Hawaiian longfin anthias, Tinker's butterflyfish, bluestripe butterfly fish, multiband butterflyfish, fourspot butterflyfish, ornate butterflyfish, oval butterflyfish, dragon moray, longnose hawkfish, flame wrasse, Hawaiian cleaner wrasse, psychedelic wrasse, shortnose wrasse, Hawaiian lionfish, Achilles tang, Moorish idol, elegant anthias, Hawaiian yellow anthias, pufferfish, Elizabeth's anthias, sunrise basslet, sunrise wrasse, orangemargin butterflyfish, and brownbarred butterflyfish.
§188F‑Q Permits; generally. Any permit issued pursuant to this chapter shall only be valid for the regional fishery management area for which the permit was issued.
§188F‑R Penalty. (a) Any person violating a fishing limitation or restriction under this chapter, including any rule adopted pursuant thereto, shall be fined:
(1) $50 per fish for a first offense;
(2) $100 per fish for a second offense; and
(3) $200 per fish for a third offense.
(b) Any person who commits a fourth offense shall have the person's permit revoked."
SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 10. In codifying the new sections added by sections 5, 6, and 8 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 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 12. This Act shall take effect on July 1, 2050."
http://www.capitol.hawaii.gov/session2008/bills/SB3225_SD2_.htm
Note the apperant typo in section 12 (last line of the bill) giving the bill an effective date of July 1, 2050.