Bill Text: HI SB3020 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Traditional Hawaiian Practices.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2020-02-06 - The committee on HWN deferred the measure. [SB3020 Detail]

Download: Hawaii-2020-SB3020-Introduced.html

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THE SENATE	S.B. NO.	3020
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to traditional HAWAIIAN practices.

 

 

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

 

     SECTION 1.  Access to coastal resources is critical to native Hawaiian traditional and customary practices.  For centuries, native Hawaiians have been active stewards of both our land and ocean resources.

     The native Hawaiian culture plays a vital role in preserving and advancing the quality of life and cultural vitality of Hawai‘i.  Additionally, the rights of native Hawaiians are codified in Articles IX and XII of the Hawaii State Constitution, as well as other state laws and judicial decisions.

     The State of Hawai‘i has an affirmative obligation to ensure that its regulatory actions do not adversely impact the constitutionally protected rights of native Hawaiians.

     The purpose of this Act is to amend existing law to expressly protect the traditional and customary rights of native Hawaiians.

     SECTION 2.  Section 190-1, Hawaii Revised Statutes, is amended to read as follows:

     "§190-1  Conservation area; administration.  All marine waters of the State are hereby constituted a marine life conservation area to be administered by the department of land and natural resources subject to this chapter and any other applicable laws not inconsistent herewith or with any rules adopted pursuant hereto.  No person shall fish for or take any fish, crustacean, mollusk, live coral, algae or other marine life, or take or alter any rock, coral, sand or other geological feature within any conservation district established pursuant to this chapter except in accordance with section 190-4 and rules adopted by the department pursuant hereto.  This chapter shall not apply to, or in any way prohibit, native Hawaiian traditional and customary practices protected under article XII, section 7 of the state constitution."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Traditional and Customary Practices; Native Hawaiians; Conservation Area

 

Description:

Protects native Hawaiian traditional and customary practices.

 

 

 

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