Bill Text: HI HB2383 | 2012 | Regular Session | Introduced

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Bill Title: Commercial Finfish Mariculture; Temporary Moratorium; Report

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-25 - (H) Referred to WLO, ERB, FIN, referral sheet 7 [HB2383 Detail]

Download: Hawaii-2012-HB2383-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2383
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO AQUACULTURE AND MARICULTURE.

 

 

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

 

PART I

     SECTION 1.  The legislature finds that open ocean commercial finfish mariculture is a specialized branch of aquaculture.  Open ocean commercial finfish mariculture in netpens or cages is a type of mariculture that has expanded in Hawaii since 1999, when amendments to chapter 190D, Hawaii Revised Statutes, allowed commercial leasing of publicly owned oceans and submerged ceded lands.

     With the recent discovery of a deadly virus transmitted from farmed fish to wild fish in the Pacific Northwest, it is clear the State must take care with its wild fisheries.  Existing open ocean finfish netpen or cage mariculture facilities in Hawaii have been associated with escaped farmed fish, contaminated fish feed, pollution from fish fecal contamination, experimental antibiotic use, and interference with other marine wildlife, including federally-protected marine mammals.

     Studies have proven that netpen finfish held in densely-populated captive environments are more susceptible to diseases and parasites and therefore require periodic treatment with antibiotics.  In addition, open ocean netpens and cages require chemical treatment to address the build-up of algae and other organic materials on cages.  This combination of diseases, parasites, excessive feed, fish excrement, antibiotics, and chemicals have polluting effects on wild marine species and Hawaii's pristine marine environment.  Studies have also proven that wastes from commercial finfish netpen and cage mariculture operations can carry far from facilities and impact nearshore areas.

     The protection and preservation of Hawaii's pristine marine environment is essential to the perpetuation of traditional and customary native Hawaiian fishing practices and rights.

     The legislature also finds that the open ocean commercial finfish mariculture industry is not yet economically viable and, as a consequence, has been relying upon taxpayer-funded grants from government agencies for its existence.

    The purpose of this Act is to protect pristine marine environmental resources, native Hawaiian rights, and coastal communities by:

     (1)  Imposing a temporary moratorium on the leasing of state marine waters for the construction, expansion, or transfer of any open ocean commercial finfish mariculture facility; and

     (2)  Requiring the department of land and natural resources to submit a report to the legislature on the adequacy of current management practices regarding open ocean commercial finfish mariculture facilities.

PART II

     SECTION 2.  (a)  Notwithstanding any law to the contrary, until June 30, 2014, the board of land and natural resources shall not lease state marine waters for the construction, expansion, or transfer of any open ocean commercial finfish mariculture facility.

     (b)  Any lease or permit issued prior to the effective date of this Act for an open ocean commercial finfish mariculture facility shall remain in effect subject to the terms and conditions established under the lease or permit and shall not be transferable to another person or entity; provided that no lease that expires after the effective date of this Act shall be renewed before July 1, 2014.

     (c)  This section shall apply to:

     (1)  The placement, installation, or use of an open ocean commercial finfish mariculture facility; and

     (2)  The operation of finfish mariculture facilities involved in the propagation or rearing, or attempted propagation or rearing, of finfish species for profit.

     (d)  For the purposes of this section, "open ocean commercial finfish mariculture facility" means a structure, installation, or other complex used, in whole or in part, for commercial finfish mariculture activities.

     SECTION 3.  (a)  The department of land and natural resources shall prepare a report on:

     (1)  The adequacy of its current management practices regarding open ocean commercial finfish mariculture facilities;

     (2)  The benchmarks and monitoring and enforcement procedures the department has in place to ensure that the State's marine waters are not irreparably harmed by open ocean commercial finfish mariculture activities; and

     (3)  Whether the temporary moratorium of leases imposed by section 2 of this Act should be made permanent.

     (b)  The department of land and natural resources shall submit the report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2013.

PART III

     SECTION 4.  Section 171-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Mariculture" shall have the same meaning as defined in section 190D-3."

     SECTION 5.  Section 190D-3, Hawaii Revised Statutes, is amended by amending the definition of "mariculture" to read as follows:

     ""Mariculture" means the aquaculture, cultivation, and production for research, development, demonstration, and commercial purposes of aquatic plants and animals within state marine waters, [but excludes] including floating structures that are not anchored[.], but excludes Hawaiian fishponds as defined in section 183B-1."

PART IV

     SECTION 6.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Commercial Finfish Mariculture; Temporary Moratorium; Report

 

Description:

Imposes a temporary moratorium on the leasing of state marine waters for the construction, expansion, or transfer of any open ocean commercial finfish mariculture facility.  Requires DLNR to submit a report to the legislature on the adequacy of current management practices.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.