REPORT TITLE:
Fishing Reserves/Refuges/Areas


DESCRIPTION:
Allows the DLNR to enter into agreements for the management and
operation of freshwater fishing reserves, refuges, and public
fishing areas; and to adopt fee schedules for all activities
taking place within the same.  Permits specific activities in
freshwater fishing reserves, refuges, and public fishing areas.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1243        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FISHING.



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

 1      SECTION 1.  Chapter 188, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "188-    Freshwater fishing reserves, refuges, and public
 
 5 fishing areas special fund.  (a)  There is established within the
 
 6 state treasury the freshwater fishing reserves, refuges, and
 
 7 public fishing areas special fund.
 
 8      (b)  The special fund shall consist of all moneys collected
 
 9 by the department of land and natural resources pursuant to
 
10 section 188-53(a)(3).
 
11      (c)  Moneys in the special fund shall be used by the
 
12 department of land and natural resources for the establishment,
 
13 maintenance, management, and operation of freshwater fishing
 
14 reserves, refuges, and public fishing areas."
 
15      SECTION 2.  Section 188-53, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "188-53  Fishing reserves, refuges, and public fishing
 
18 areas.(a)  For the purposes of managing, preserving,
 
19 protecting, conserving, and propagating introduced freshwater
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 fishes, and other freshwater or marine life, the department of
 
 2 land and natural resources may [establish,]:
 
 3      (1)  Establish, maintain, manage, and operate freshwater or
 
 4           marine fishing reserves, refuges, and public fishing
 
 5           areas in areas under its control as it may deem
 
 6           desirable [and may enter];
 
 7      (2)  Enter into agreements for the management and operation
 
 8           of freshwater fishing reserves, refuges, and public
 
 9           fishing areas in accordance with section 103D-303;
 
10      (3)  Adopt fee schedules for all activities taking place
 
11           within freshwater fishing reserves, refuges, and public
 
12           fishing areas in accordance with chapter 91, which fees
 
13           shall be deposited into the freshwater fishing
 
14           reserves, refuges, and public fishing areas special
 
15           fund established under section 188-  ; and
 
16      (4)  Enter into agreements for the taking of control of
 
17           privately owned waters, lands, or fisheries for [such]
 
18           these purposes.
 
19      (b)  The department may [make,] adopt[, and amend] rules and
 
20 [may] issue permits as it deems necessary for managing the
 
21 fishing reserves, refuges, public fishing areas, and other waters
 
22 or lands under the jurisdiction or control of the State.
 

 
 
 
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 1      [(b)  It is unlawful for any] (c)  No person [to] shall
 
 2 enter any area established under this section without first
 
 3 obtaining a permit from the department, if permits are required,
 
 4 or [to] violate any rule adopted by the department governing the
 
 5 same.
 
 6      (d)  The department may revoke any permit for any infraction
 
 7 of the terms and conditions of the permit.  Any person whose
 
 8 permit has been revoked shall not be eligible to apply for
 
 9 another permit until the expiration of one year from the date of
 
10 revocation.
 
11      (e)  Notwithstanding chapter 183C, the following activities
 
12 shall be allowed in freshwater fishing reserves, refuges, and
 
13 public fishing areas to the extent they do not adversely impact
 
14 the public's use and enjoyment of the natural growth in the
 
15 waters and on the lands under the jurisdiction of the department:
 
16      (1)  Swimming;
 
17      (2)  Camping, picnicking, and building fires;
 
18      (3)  Operating boats or canoes:
 
19           (A)  Not more than eighteen feet in length;
 
20           (B)  At speeds not exceeding five miles per hour or in
 
21                a manner that does not create a dangerous wave or
 
22                disturb fishers;
 

 
 
 
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 1           (C)  Constructed of wood or outfitted with floatation
 
 2                devices designed to render the craft unsinkable;
 
 3                and
 
 4           (D)  Propelled by an electric motor, wind energy, or
 
 5                human effort;
 
 6           and
 
 7      (4)  Constructing physical facilities necessary for the
 
 8           public's safe and reasonable use and enjoyment of
 
 9           freshwater fishing reserves, refuges, and public
 
10           fishing areas."
 
11      SECTION 3.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 4.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:  _______________________