HOUSE OF REPRESENTATIVES

H.C.R. NO.

88

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

Urging the department of land and natural resources to review the natural resources' marine management rules, conduct new public hearings on the rules, consult with Native Hawaiian people, and determine the relevance and applicability of the rules to place-based management for purposes of enhancing voluntary compliance and public participation in marine resource management.

 

 

 


WHEREAS, the Aha Kiole Advisory Committee, established pursuant to Act 212, Session Laws of Hawaii 2007, through its community consultation process to determine the best practices for traditional management of natural resources in Hawaii, has learned that state rules governing the harvesting of natural resources are inappropriate for some areas; and

 

WHEREAS, the statewide application of rules may be deleterious to the sustainability of natural resources; and

 

WHEREAS, the community has questioned and challenged the process, science, and rationale used to create rules in a "one size fits all" manner; and

 

WHEREAS, the community has expressed unhappiness with declarations, patronization, and lack of consultation, validation, and results from the proliferation of rules for natural resources; and

 

WHEREAS, restrictions on harvesting fish during certain times of the year, for purposes of allowing spawning, are often unresponsive to the actual conditions that cause mating and actually result in the harvesting of the spawning aggregations, causing further depletion of populations; and

 

WHEREAS, fishing and traditional communities dependent on the land and ocean for food and nutrition are often unfairly burdened by rules; and

 

WHEREAS, rules governing equipment used for fishing and other activities affect traditional practices of using the best methods at the best times, thus the rules have the effect of restricting traditional and cultural practices; and

 

WHEREAS, the rules favor recreation over traditional and cultural practices, thereby interrupting the long and continuous practice that defines traditional rights; and

 

WHEREAS, the community wishes to use place-based management so that it can manage the marine resources based upon practices prevalent in the area; and

 

WHEREAS, submerged lands underlying all the navigable waters of the State are ceded lands and ceded lands are held in trust for the benefit of Native Hawaiians under section 5(f) of the Admission Act; and

 

WHEREAS, rules governing the use and disposition of ceded lands and their natural resources have been created without consultation or compensation to Native Hawaiians, thereby leaving native communities without a voice or representation in the process; and

 

WHEREAS, Kamehameha III divided the lands and natural resources in Hawaii between the king, alii, and makaainana, yet the king and alii are no longer present, leaving the makaainana responsible for the disposition, protection, and health of the lands; and

 

WHEREAS, the makaainana cannot relinquish their responsibility to Hawaii, these lands, and their ancestors and must participate in the rules and the disposition of their trust; now, therefore,

 

BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the Senate concurring, that the Department of Land and Natural Resources is urged to review the natural resources marine management rules, conduct public hearings on the rules, consult with the Native Hawaiian people, and determine the relevance and applicability of the rules to place-based management for purposes of enhancing voluntary compliance and public participation in marine resource management; and

 

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; the Chairperson of the Board of Land and Natural Resources; the Chairperson of the Western Pacific Regional Fishery Management Council; the Regional Administrator of the National Marine Fisheries Service, Pacific Islands Regional Office; and the Regional Administrator of the National Marine Sanctuary, Pacific Island Regional Office.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title:

Natural Resources; Rules and Regulations; Native Hawaiian; Resource Management