Report Title:

Aquatic Resources; Maka‘i O Ke Kai Program; Established

 

Description:

Encourages the department of land and natural resources to work with local communities to manage near shore reef resources through the maka‘i o ke kai program.  Provides grants for community-based marines resource management.  Establishes the community-based marine resource management advisory committee to advise the department of land and natural resources' on resource management and fisheries' rules.  Makes appropriations.  (SD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1848

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 2

STATE OF HAWAII

S.D. 2

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO AQUATIC RESOURCES.

 

 

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

 


     SECTION 1.  (a)  The legislature finds and declares that fishing in Hawaii is a tradition woven into its island communities and local cultures that have been passed down for generations.  Hawaii's near shore reef fisheries have declined by seventy-five per cent over the past century.  The decline is due to a variety of threats, including over use, run off, sedimentation, and invasive species.  Scientists estimate that populations of commercially important reef fish species, such as o‘io, weke, and kumu have also declined by more than seventy-five per cent in the past one hundred years.

     Under article XI, section 1 of the state constitution, the State is required to ". . . conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy resources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the State."  The State, through the department of land and natural resources, has sole jurisdiction over management of the ocean and all of its resources from the shoreline to a distance of three miles off shore.

     Over the past several years, many local communities have expressed interest to help manage and restore Hawaii's near shore reefs and marine habitat.  Coastal communities from Miloli‘i in south Kona to Ha‘ena on Kaua‘i to Maunalua and Pupukea on O‘ahu have initiated discussions and practices regarding management, enforcement, and monitoring of the marine resources surrounding their communities.  The Miloli‘i community-based effort has been designated as the maka‘i o ke kai (stewards of the sea) program, which has been adopted for these legislative purposes.

     The maka‘i o ke kai program is a partnership in marine resource enforcement, education, outreach, monitoring, and surveillance between local community members and the department of land and natural resources, as well as other resource managers and regulators.  The maka‘i o ke kai program enables communities to assist the department resource managers and regulators responsible for the public's marine resources.  The program serves as a vehicle for helping people make a difference by directly managing the marine resources surrounding their communities.

     Fishery resources need to be adequately monitored and managed based on best available science and local knowledge.  Communities that rely on Hawaii's ocean resources should be engaged in their management and rulemaking processes.

     The purpose of this Act is to:

     (1)  Engage local communities more fully in the management of Hawaii's near shore fishery resources;

     (2)  Establish a community task force to advise the department of land and natural resources in its fisheries rulemaking process; and

     (3)  Make an appropriation to establish the maka‘i o ke kai community grant program to assist communities in near shore resource management and monitoring.

     SECTION 2.  Chapter 188, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  MAKA‘I O KE KAI PROGRAM

     §188-A  Jurisdiction; rulemaking.  This part does not establish any new rules, unless expressly adopted by the department, or transfer any rights or responsibilities for the management of Hawaii's natural resources to any individuals or group of individuals.  Responsibility for the management of Hawaii's near shore resources rests with the department of land and natural resources, except for the duties designated to the maka‘i o ke kai program under section 188-C.  Any new rules proposed by a community or the department shall be adopted through the rulemaking process established under chapter 91.

     §188-B  Definitions.  As used in this part, unless the context requires otherwise:

     "Board" means board of land and natural resources.

     "Community" means a group of people living in a geographically designated area, which may include modern or traditional land area designations, such as an ahupua‘a or moku.

     "Department" means the department of land and natural resources.

     "Not-for-profit" means an organization that meets the requirements of section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. §501(c)(3)).

     "Stakeholders" means those individuals, companies, or organizations working in or having an identified interest in the geographic area proposed for management.

     "Sustainably manage" means to manage resources in a way that ensures that populations of fishes or other native natural resources are thriving and will be maintained over time.  Management may include both modern methods and traditional Hawaiian resource management practices using ahupua‘a and moku concepts and other appropriate techniques for sustaining resources.

     §188-C  Maka‘i o ke kai program; established; grants; community-based initiatives.  (a)  The community-based marine management program is established within the division of aquatic resources of the department.  Through the maka‘i o ke kai program, the department may provide matching grants of up to $50,000 annually to any maka‘i o ke kai project.  The department may provide up to $2 in state funds for every $1 in non-state funding to local community organizations to implement community-based marine management initiatives designed to:

     (1)  Restore and protect near shore reef fish populations;

     (2)  Restore and protect coral reef and other near shore marine habitat;

     (3)  Sustainably manage near shore fisheries;

     (4)  Apply traditional Hawaiian resource management practices using ahupua‘a and moku concepts and other appropriate techniques for sustainable resource management;

     (5)  Monitor the health of coral reef and other near shore marine ecosystems; and

     (6)  Provide assistance and support for enforcement of marine resource and fisheries rules.

     (b)  The department shall adopt any rules that may be necessary to establish the program, identify and designate maka‘i o ke kai communities, and administer the grant program established under this part.

     §188-D  Partnership; training; enforcement.  Through the maka‘i o ke kai program, the department, through its divisions of aquatic resources and conservation and resource enforcement, shall partner with local communities to train volunteers in near shore resource management, monitoring, resource enforcement, and outreach to ocean users.  To ensure that resource protection laws are being followed, the division of conservation and resource enforcement shall assign at least one division of conservation and resource enforcement officer to support each approved maka‘i o ke kai program community.

     §188-E  Preliminary proposal.  Communities that are interested in establishing a maka‘i o ke kai project, may submit a preliminary proposal to the department that outlines broad program objectives and describe:

     (1)  The composition of the community group;

     (2)  A description of the location and boundaries of the project area, including marine waters, submerged lands, and terrestrial areas;

     (3)  The partners with whom the community will be working;

     (4)  The stakeholders to be consulted in the project;

     (5)  The proposed action, including the resources to be protected, restored, or sustainably managed, threats to be abated, and strategies to be employed;

     (6)  A monitoring plan;

     (7)  The measures of success;

     (8)  A two-year budget; and

     (9)  Any matching funds that have been secured.

     §188-F  Management plan.  If the preliminary proposal is approved by the department, the applicant shall submit a management plan that more specifically identifies the objectives included in the preliminary proposal and includes specific management actions and outcomes over a five-year timeline.  All management plans shall include a baseline biological assessment in the first year and an annual monitoring component to ensure that the department and the community understand the changes in the ecosystem health that will be taking place over time.  The department may provide up to $5,000 of grant moneys to the applicant for the development of the management plan.

     Plans approved by the department shall be submitted to the board for final approval.  The board, at its sole discretion, may approve, reject, or request amendments to the plan or budget.

     §188-G  Community-based marine resource management advisory board; established.  (a)  There is established a community based marine resource management advisory committee to advise the department on matters related to community-based near shore resource management and fisheries rules.

     The advisory committee shall consist of:

     (1)  One member from each approved maka‘i o ke kai program community;

     (2)  One member from a not-for-profit organization working with an approved maka‘i o ke kai program community;

     (3)  One native Hawaiian fishing practitioner from each island;

     (4)  One member from the recreational fishing community from each island;

     (5)  One member from the National Oceanic and Atmospheric Administration; and

     (6)  One marine scientist working in Hawaii.

The advisory committee members shall be appointed by the governor in accordance with section 26-34.

     (b)  The advisory committee shall select a chairperson from among its members.  The number of members necessary to constitute a quorum shall consist of a majority of all members to which the advisory committee is entitled.  When a quorum is in attendance, the concurrence of a majority of the members in attendance shall make any action of the task force valid; provided that one member from each of the six groups listed in subsection (a) shall be present to make any decisions.

     The advisory committee may request assistance from the department, the department of the attorney general, the department of agriculture, the department of health, and other appropriate state agencies in fulfilling the purpose of the advisory committee.  The advisory committee may also request assistance from federal fishery agencies and organizations, the public, and other states.

     (c)  The members shall not receive compensation for their services but shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.

     The advisory committee shall:

     (1)  Advise the department on all proposed marine resource and fisheries rules and laws; and

     (2)  Propose new rules and laws as necessary to enhance community-based and fisheries management."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of [$50,000] $       or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 for the community-based marine resource management advisory committee to carry out its responsibilities, including contracting for consultant services and studies.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of [$250,000] $        or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 for the maka‘i o ke kai program.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 5.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  This Act shall take effect on July 1, [2007.] 2050.