Molokai Subsistence Fishing

Reenacts Act 271, Session Laws of Hawaii 1994, relating to
establishing a subsistence fishing area on Molokai.

THE SENATE                              S.B. NO.           1526
TWENTIETH LEGISLATURE, 1999                                     
STATE OF HAWAII                                                 

                   A  BILL  FOR  AN  ACT



 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-    Designation of community based subsistence fishing
 5 area.  (a)  The department of land and natural resources may
 6 designate community based subsistence fishing areas and carry out
 7 fishery management strategies for such areas, through
 8 administrative rules adopted pursuant to chapter 91, for the
 9 purpose of reaffirming and protecting fishing practices
10 customarily and traditionally exercised for purposes of native
11 Hawaiian subsistence, culture, and religion.
12      (b)  Proposals may be submitted to the department of land
13 and natural resources for the department's consideration.  The
14 proposal shall include:
15      (1)  The name of the organization or group submitting the
16           proposal;
17      (2)  The charter of the organization or group;
18      (3)  A list of the members of the organization or group;
19      (4)  A description of the location and boundaries of the

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 1           marine waters and submerged lands proposed for
 2           designation;
 3      (5)  Justification for the proposed designation including
 4           the extent to which the proposed activities in the
 5           fishing area may interfere with the use of the marine
 6           waters for navigation, fishing, and public recreation;
 7           and
 8      (6)  A management plan containing a description of the
 9           specific activities to be conducted in the fishing
10           area, evaluation and monitoring processes, methods of
11           funding and enforcement, and other information
12           necessary to advance the proposal.
13 Proposals shall meet community based subsistence needs and
14 judicious fishery conservation and management practices.
15      (c)  For the purposes of this section:
16      (1)  "Native Hawaiian" means any descendant of the races
17           inhabiting the Hawaiian islands prior to 1778; and
18      (2)  "Subsistence" means the customary and traditional
19           native Hawaiian uses of renewable ocean resources for
20           direct personal or family consumption or sharing."
21      SECTION 2.  The department shall reestablish the subsistence
22 fishing demonstration project for the fisheries adjacent to the
23 coastline between Nihoa Flats on the east to Ilio Point on the

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                                     S.B. NO.           1526

 1 west on the island of Molokai.  The department of land and
 2 natural resources shall reactivate the rules adopted pursuant to
 3 chapter 91, Hawaii Revised Statutes, relating to the delineation
 4 of offshore boundaries of the project area.  In re-implementing
 5 this project, the department:
 6      (1)  Shall protect and allow the continuation of all
 7           existing commercial fishing activities in the project
 8           area;
 9      (2)  May allow non-native Hawaiians to continue existing
10           recreational fishing activities;
11      (3)  Shall reactivate the rules adopted pursuant to chapter
12           91, Hawaii Revised Statutes, to implement the purpose
13           and intent of this project by June 30, 1999; and
14      (4)  Shall file a status report on this project no later
15           than twenty days prior to the convening of the regular
16           session of 2000.
17      SECTION 3.  There is appropriated out of the general
18 revenues of the State of Hawaii the sum of $10,000, or so much
19 thereof as may be necessary for fiscal year 1999-2000, for the
20 department of land and natural resources to provide an
21 educational program on subsistence fishing.  The department of
22 land and natural resources may contract the services of Hui
23 Malama O Mo`omomi to provide educational services for the

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                                     S.B. NO.           1526

 1 program.
 2      SECTION 4.  The sum appropriated shall be expended by the
 3 department of land and natural resources for the purposes of this
 4 Act.
 5      SECTION 5.  New statutory material is underscored.
 6      SECTION 6.  This Act shall take effect upon its approval;
 7 provided that section 3 shall take effect on July 1, 1999.
 9                           INTRODUCED BY:  _______________________