Bill Text: HI HB1685 | 2014 | Regular Session | Introduced

Hawaii House Bill 1685 (Prior Session Legislation)

Introduced

Bill Title: Niihau; Community-Based Subsistence Fishing Area

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-29 - The committee(s) on OMH recommend(s) that the measure be deferred. [HB1685 Detail]

Download: Hawaii-2014-HB1685-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1685
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

Relating to DESIGNATION OF A COMMUNITY-BASED SUBSISTENCE fishing AREA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§188- Niihau community-based subsistence fishing area; restrictions; regulations. (a) There is designated the Niihau community‑based subsistence fishing area on the coast of Niihau, which shall consist of all state waters and submerged lands bounded by:

(1) The shoreline of the island of Niihau; and

(2) An irregular line one mile offshore that is parallel to the contours of the shoreline.

(b) In addition to the provisions of this chapter, the following uses or activities shall be regulated in the Niihau community-based subsistence fishing area:

(1) Any activities with a commercial purpose, as defined in section 187A‑1;

(2) The issuance of any commercial marine license, as defined in section 187A‑1;

(3) The issuance of any aquarium fish permits, pursuant to section 188‑31;

(4) Fishing with the use of gill nets;

(5) Fishing with self‑contained underwater breathing apparatus and spears; and

(6) Any other use or activity that the department, in consultation with the inhabitants of Niihau and other interested parties, deems appropriate.

(c) The department, as soon as practical, shall consult with as broad a base as possible of inhabitants of the island of Niihau and other interested parties to establish rules for the Niihau community-based subsistence fishing area, to include:

(1) A determination of fishing practices that are customarily and traditionally exercised for purposes of native Hawaiian subsistence, culture, and religion in the fishing area;

(2) A management plan recognizing existing marine activities permitted by the department and containing a description of specific activities to be conducted in the fishing area, including evaluation and monitoring processes and methods of funding and enforcement;

(3) Limits on the harvest of aquatic life, as those terms are defined in section 187A‑1, in the fishing area; and

(4) The establishment of no harvesting zones within the fishing area without depriving native Hawaiians of access to traditional sources of subsistence.

(d) The department shall adopt rules pursuant to chapter 91 necessary for the purpose of this section."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Niihau; Community-Based Subsistence Fishing Area

Description:

Establishes the Niihau community‑based subsistence fishing area to restrict fishing in the waters off Niihau.

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