THE SENATE

S.C.R. NO.

147

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

REQUESTING THE AUDITOR TO CONDUCT A MANAGEMENT AUDIT OF the ADMINISTRATION OF MARINE LIFE CONSERVATION DISTRICTS AND OF THE STEWARDSHIP OF THE MARINE NATURAL AREA RESERVES SYSTEM BY THE DEPARTMENT OF LAND AND NATURAL RESOURCES.

 

WHEREAS, the Department of Land and Natural Resources (DLNR) is authorized to administer a marine life conservation area pursuant to section 190-1, Hawaii Revised Statutes (HRS), to establish marine life conservation districts (MLCDs) pursuant to section 190-2, HRS, and to adopt rules pursuant to sections 190-3 and 190-4.5, HRS; and

WHEREAS, the DLNR has established eleven MLCDs pursuant to its statutory authority; and

WHEREAS, the State's marine waters that constitute the marine life conservation areas contain fish, crustacean, mollusk, live coral, algae, and other marine life and geological features that comprise some of the State's most precious, unique, and fragile resources; and

WHEREAS, in establishing the MLCDs, the DLNR has adopted rules concerning prohibited activities, permitted activities, exemptions, and permits, that differ significantly from one district to another; and

WHEREAS, the discrepancies in the rules are particularly apparent with regard to commercial activities, where, for instance, the Waiopae tidepools marine life conservation district prohibits all commercial activities, but all the other MLCDs permit some form of commercial activity based on apparently inconsistent criteria; and

WHEREAS, commercial operations and activities in or near the State's marine waters have been proliferating at an astonishing rate and many of those operations and activities are being conducted by businesses without obtaining state permits; and

WHEREAS, consistent and reasonable rules concerning the use of those natural and cultural resources are critical for the conservation and preservation of those resources for future generations; and

WHEREAS, over the years, concerns have been raised regarding the seemingly inconsistent and arbitrary manner in which the DLNR has administered the MLCDs; and

WHEREAS, a management audit of the DLNR's establishment and administration of the MLCDs would serve as an objective baseline for evaluating the impact that the DLNR's administrative practices have had on the natural and cultural resources found within the MLCDs; and

WHEREAS, an audit of the DLNR would further serve to improve the manner in which the MLCDs are administered and provide clearer and more consistent guidelines for permissible activities in MLCDs for the general public and commercial users; and

WHEREAS, the DLNR is also responsible for the management of marine natural area reserves as part of the natural area reserves system, pursuant to section 195-3, HRS; and

WHEREAS, chapter 195, HRS, establishes the State's natural area reserves system, consisting of areas in the State of Hawaii which are designated as natural area reserves; and

WHEREAS, the purpose of the natural area reserves system is to:

(1) Protect and preserve unique natural assets, both for the enjoyment of future generations and to provide base lines against which changes which are being made in the environments of Hawaii can be measured;

(2) Strengthen the system of preserves, sanctuaries and refuges and by setting aside additional areas of land and shoreline suitable for preservation; and

(3) Establish a statewide natural area reserves system to preserve in perpetuity specific land and water areas which support communities, as relatively unmodified as possible; and

WHEREAS, a management audit of the DLNR's stewardship of marine areas, which have been designated under section 195-4, HRS, as natural area reserves, is necessary to ensure that the State's natural resources are adequately protected and perpetuated for the benefit of current and future generations; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004, the House of Representatives concurring, that the Auditor is requested to perform a management audit of the Department of Land and Natural Resources in administering the marine life conservation districts and management of the marine natural area reserves system; and

BE IT FURTHER RESOLVED the management audit shall include:

(1) An assessment of management practices utilized to conserve, preserve, and enhance natural and cultural resources found within these districts and marine natural area reserves;

(2) An evaluation of the suitability of criteria used to determine whether commercial or other activities should be permitted in MLCDs and whether the utilization of those criteria have been applied in a fair and consistent manner;

(3) An assessment of the effectiveness of the regulation and enforcement of commercial activities within MLCDs;

(4) An evaluation of the impacts on resources in MLCDs that have occurred after commercial activities have been permitted; and

(5) Findings and recommendations relating to the management of the marine natural area reserves to determine if the DLNR is fulfilling its statutory obligations under chapter 195, HRS; and

BE IT FURTHER RESOLVED that the Auditor is requested to report findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Auditor, and the Chairperson of the Board of Land and Natural Resources.

Report Title:

Auditor; Management Audit of the DLNR's management of MLCD, NAR