H.C.R. NO.














REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO PROHIBIT THE tethering OF ANY non-department of land and natural resources sanctioned vessel to a department of land and natural resources-installed BUOY OR MOORING WITHIN A MARINE LIFE CONSERVATION DISTRICT.




     WHEREAS, Section 1 of Article XI of the Hawaii Constitution declares that the State and its political subdivisions are responsible for the conservation and protection of Hawaii's natural beauty and all natural resources, including marine resources; and


     WHEREAS, Section 6 of Article XI of the Hawaii Constitution vests in the State the power to manage and control the marine, seabed, and other resources located within state boundaries; and


     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 under sections 190-3 and 190-4.5, HRS; and


     WHEREAS, DLNR has established 11 MLCDs pursuant to its statutory authority; and


     WHEREAS, the state's marine waters that constitute the marine life conservation areas contain fish, crustaceans, mollusks, 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, MLCDs are designed to conserve and replenish marine resources to provide fish and other aquatic life with a protected habitat in which to grow and reproduce; and
     WHEREAS, Hawaii's recent history has shown that the state's growing population and steady stream of visitors, all intent on experiencing the natural beauty and recreational activities that MLCDs have to offer, can have an adverse effect on aquatic life in the area; and


     WHEREAS, watercraft may present an additional danger to nearshore marine habitats due to the need to occasionally moor the craft; and


     WHEREAS, mooring is accomplished in several ways, including through the use of mooring buoys or permanent anchor moorings that require the use of fixtures installed on the ocean floor as well as heavy cables or chains used to affix the craft to the mooring; and


     WHEREAS, non-sanctioned tethering to buoys and moorings may cause significant damage to reefs and aquatic life in MLCD nearshore habitats; now, therefore,


     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the Senate concurring, that DLNR is requested to prohibit the tethering of any non-DLNR sanctioned vessel to a DLNR-installed buoy or mooring in MLCDs; and


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







Report Title: 

Marine Life Conservation District