Report Title:

Marine Life Conservation District; Commercial Activities

Description:

Allows the prohibition of commercial activities in the marine life conservation districts only if there is a showing of extreme hardship or unreasonable threat to the area.

THE SENATE

S.B. NO.

3055

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to marine life conservation districts.

 

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

SECTION 1. Section 190-3, Hawaii Revised Statutes, is amended to read as follows:

"§190-3 Rules. The department of land and natural resources pursuant to chapter 91, shall adopt rules governing the taking or conservation of fish, crustacean, mollusk, live coral, algae, or other marine life as it determines will further the state policy of conserving, supplementing and increasing the State's marine resources. The rules may prohibit activities that may disturb, degrade, or alter the marine environment, establish open and closed seasons, designate areas in which all or any one or more of certain species of fish or marine life may not be taken, prescribe and limit the methods of fishing, including the type and mesh and other description of nets, traps, and appliances, and otherwise regulate the fishing and taking of marine life either generally throughout the State or in specified districts or areas[.]; provided that commercial activities shall only be prohibited if there is a showing of extreme hardship or unreasonable threat to the area. The rules [shall], upon taking effect, shall supersede any state laws inconsistent therewith."

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 Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

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