Honolulu, Hawaii

                , 2009


RE:   H.B. No. 1712

      H.D. 1





Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii




     Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 1712 entitled:




begs leave to report as follows:


     The purpose of this bill is to ensure that rules regarding the taking and protection of uhu, weke/moana kali, and ulua/papio are based on supporting data, not solely input from public informational briefings, by requiring the Department of Land and Natural Resources (DLNR) to:


(1)  Provide supporting data, including stock assessments, as the basis for any new rules to regulate the taking of uhu, weke/moana kali, and ulua/papio, in addition to the input DLNR receives from the public at informational meetings; and


(2)  Provide a monitoring and evaluation component to determine the effect of the rules adopted on the uhu, weke/moana kali, and ulua/papio fish populations.


     Hawaii Nearshore Fishermen and several concerned individuals testified in support of this bill.  DLNR, The Nature Conservancy of Hawaii, and the Ocean Law & Policy Institute opposed this measure.  A concerned individual provided comments.


     Your Committee has amended this bill by:


(1)  Deleting the requirement for DLNR to provide biennial public information meetings to provide updates on the effects of the take rules, and to advise the public if changes to these rules are required, whenever collected data indicate the need for further protection or that stocks have recovered sufficiently;


(2)  Deleting the requirement for DLNR to conduct an ongoing study on:


(a) Whether the take rules are achieving their intended purposes;


(b)  The periods that the rules are expected to take to meet their intended purposes;


(c)  The impact the rules will have on the resources, public, and user groups; and


(d)  An accounting of the public input and data used to support the basis for the rules;


(3)  Deleting the requirement that DLNR periodically report to the Legislature on its findings and recommendations; and


(4)  Making technical, nonsubstantive amendments for style, clarity, and consistency.


     Your Committee stresses that when regulating marine life, DLNR should not base their rules solely on information gathered at public information meetings, but on all information available, including affirmatively obtaining data supporting the finding that take rules are necessary.


     As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1712, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1712, H.D. 1, and be referred to the Committee on Finance.


Respectfully submitted on behalf of the members of the Committee on Water, Land, & Ocean Resources,






KEN ITO, Chair