Bill Text: HI SB180 | 2014 | Regular Session | Amended
Bill Title: Konohiki Rights; Niihau
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-03-07 - Referred to OMH, JUD, referral sheet 29 [SB180 Detail]
Download: Hawaii-2014-SB180-Amended.html
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THE SENATE |
S.B. NO. |
180 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
Proposed |
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A BILL FOR AN ACT
RELATING TO OCEAN MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 187A-23, Hawaii Revised Statutes, is amended to read as follows:
"§187A-23 Konohiki rights. (a) Notwithstanding anything in this section to the contrary, the State shall vest in the village elder who is domiciled on Niihau the exclusive konohiki rights as described in this section.
(b) The fishing grounds from the reefs, and where there happens to be no reefs, from the distance of one geographical mile seaward of the beach at low watermark, in law, shall be considered the private fishery of the konohiki, whose lands by ancient regulations, belong to the same. These vested fishing rights for the private fishery must be established by proceedings in conformity with section 96 of the Organic Act, and for which judgment has been entered in any circuit court. The established private fishery shall not be disturbed, except to the extent of the reservations and prohibitions set forth in this section, or by law or rule.
[(b)] (c) The konohiki shall be
considered in law to hold the private fishery for the equal use by the konohiki
and the tenants on their respective lands, and the tenants shall be allowed to
take for home consumption or commercial purposes, any aquatic life of the
fisheries, subject to the restrictions imposed by the konohiki as provided in
this section, or by law or rule.
[(c)] (d) A konohiki each year
may set apart one given species or variety of aquatic life natural to the
private fishery, by giving public notice by posting at least three written or
printed notices in conspicuous places on the land or fishery, to the tenants
and others residing on the land, signifying by name, the kind of aquatic life
which has been set apart for exclusive use by the konohiki; provided that the
konohiki may not reserve more than one kind of aquatic life, if the konohiki
possesses other private fisheries which are immediately adjacent to each
other. The notice shall be substantially in the following form:
NOTICE
Fishing for (name of aquatic life) in private fishery
is hereby prohibited between (specific period).
_______________________
Konohiki.
The specific aquatic life set apart shall be exclusively for the use of the konohiki within the specified period, and neither the tenants nor others shall take the reserved aquatic life within the private fishery. The konohiki may bring legal action against any person to recover the value of the reserved aquatic life which has been taken within the private fishery.
[(d)] (e) The konohiki, upon
consultation with the tenants of their lands and in lieu of setting apart one
given species or variety of aquatic life for exclusive use as allowed in this
section, may prohibit during certain months of the year, all taking of aquatic
life within the private fishery; provided that during the fishing season within
the private fishery, the konohiki may exact up to one-third of the aquatic life
taken within the private fishery from each fisher among the tenants. In such
case, the konohiki shall give notice as prescribed in this section.
[(e)] (f) If the specific
aquatic life which has been reserved within the private fishery for exclusive
use by the konohiki goes onto the public fishing grounds, such aquatic life may
be taken by any person.
[(f)] (g) The konohiki shall not
have any power to impose any tax or restriction upon the tenants regarding the
private fisheries, except as provided by this section, or by law or rule.
[(g)] (h) The vested fishing
rights for a private fishery when established may be condemned for use as a
public ground; provided that the private fishery shall continue until judgment
is entered upon the condemnation proceedings and the compensation named therein
has been paid or tendered to the konohiki, or others interested therein, or
until an order of possession has been issued as provided in sections 101-28 to
101-32.
[(h)] (i) Any person who takes
any aquatic life which has been set apart for the konohiki's exclusive use or
to which the konohiki is otherwise entitled as provided in this section or who
aids and abets the taking or who without lawful authority fishes in or upon the
private fishery shall be punished as provided in section 187A-13."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Konohiki Rights; Niihau
Description:
Vests in the village elder who is domiciled on Niihau exclusive konohiki rights. (Proposed SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
