Bill Text: HI HB645 | 2010 | Regular Session | Amended
Bill Title: Kaena Point; Camping; Annual Pass
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB645 Detail]
Download: Hawaii-2010-HB645-Amended.html
Report Title:
Kaena Point; Camping; Annual Pass
Description:
Establishes a pilot program to issue annual passes to Hawaii residents to fish overnight at Kaena Point State Park Reserve. (HB645 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
645 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO KAENA POINT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Kaena point state park reserve (Kaena point) on the island of Oahu has long been a place where local residents can exercise and enjoy their cultural practice of fishing. However, tourists, who are unfamiliar with the area and not aware of the dangers of the illegal activity occurring at Kaena point, have experienced being robbed, beaten, sexually assaulted, and pulled out of their vehicles at all hours of the day and night.
Due to this unpermitted illegal activity at Kaena point, the department of land and natural resources has prohibited overnight camping to protect the natural resources within the park and to promote safety for park users. This prohibition, however, has impeded upon the local cultural practice of fishing.
The department of land and natural resources' policy with respect to fishing at Kaena point is to allow fishing at all times, even overnight. However, local residents who fish at Kaena point at night have recently objected to being cited and fined by the department of land and natural resources, division of conservation and resources enforcement officers, who strictly enforce no-camping rules, for possessing camping-related paraphernalia and camping activities, such as possession of coolers used to keep caught-fish fresh, and falling asleep in sleeping bags or tents set up by the fishermen to shield them from the elements while fishing overnight.
The legislature recognizes the need to preserve the cultural practice of fishing while preserving and protecting the land, iwi, and dunes at Kaena point. To assist the department of land and natural resources with preserving and protecting the natural resources and safety of individuals using Kaena point, while promoting the cultural practice of fishing, a pilot program should be created to allow Hawaii residents to fish overnight in designated areas of Kaena point. To ensure the permitting of overnight fishing at Kaena point meets all of these objectives, this Act provides a repeal date of July 1, 2011, and requires the department of land and natural resources to submit to the 2011 legislature a report on whether the pilot program has increased or decreased the occurrence of illegal activity at Kaena point. The 2011 legislature is urged to review the report and take appropriate action regarding the sunset date provided for in this Act.
The purpose of this bill is to create a pilot program to issue annual passes to Hawaii residents allowing overnight fishing at Kaena point.
SECTION 2. (a) The department of land and natural resources shall establish a pilot program to issue annual passes to residents of Hawaii that allow overnight fishing at Kaena point, notwithstanding their possession of sleeping bags, tents, tarpaulin, and camping paraphernalia.
(b) Residents who purchase an annual pass shall comply with and be subject to all conditions the department may impose upon the pass holder as a condition to the issuance of the pass, as determined by the department, including the requirement to:
(1) Possess and carry the annual pass at all times while at Kaena point; and
(2) Promptly report any illegal activity sighted at Kaena point;
provided that the annual pass shall not allow camping or fishing within the Kaena point natural area reserve.
(c) As used in this Act:
"Annual pass" means a permit good for one year issued to a resident of Hawaii over the age of eighteen years, for which a fee of not more than $120 per year shall be paid to the State, to be deposited into the state parks special fund established under section 184-3.4, Hawaii Revised Statutes.
"Kaena point" means the Kaena point state park reserve in Waialua on the island of Oahu, in the area between Kaena Point natural area reserve and Dillingham field.
"Overnight fishing" means the active use of a pole, line, hook, net, trap, spear, or other gear which is designed to catch, take, or harvest aquatic life, by the pass holder who is in the water or on or about the shore where aquatic life can be caught, taken, or harvested, any time between one hour after sunset to sunrise.
SECTION 3. The department of land and natural resources shall submit a report on whether the pilot program has affected the occurrence of illegal activity at Kaena point to the legislature no later than twenty days prior to the convening of the regular session of 2011.
SECTION 4. Nothing in this Act shall be construed to allow camping that is otherwise prohibited or restricted under rules adopted by the department of land and natural resources.
SECTION 5. This Act shall take effect upon its approval and shall be repealed on July 1, 2011.
