H.B. NO.














relating to the papahanaumokuakea Marine national monument.





SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:



-1 Purpose. The purpose of this chapter is to establish the Papahanaumokuakea Marine National Monument program to coordinate and fulfill the State's role and responsibilities in co-managing the Papahanaumokuakea Marine National Monument.

-2 Definitions. As used in this chapter:

"Board" means the board of land and natural resources.

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

"Monument" means the Papahanaumokuakea Marine National Monument as established by Presidential Proclamation 8031 on June 15, 2006 (71 Fed. Reg. 36443), under the authority of the U.S. Antiquities Act (16 U.S.C. 431).

"Program" means the Papahanaumokuakea Marine National Monument program.

-3 Lead agency. The department is designated as the lead agency of the State to co-manage the monument in accordance with Presidential Proclamation 8031 on June 15, 2006 (71 Fed. Reg. 36443) and the December 8, 2006, memorandum of agreement between the department, United States Department of the Interior, United States Fish and Wildlife Service, and National Oceanic and Atmospheric Administration of the United States Department of Commerce. In this role, the department exercises stewardship responsibility for managing, administering, and exercising control over lands, waters, and natural resources within the State's jurisdiction. As the lead agency for the State, the department will also collaborate with the office of Hawaiian affairs in the perpetuation of Hawaiian cultural resources within the monument, including the customary and traditional rights and practices of native Hawaiians exercised for subsistence, cultural, and religious purposes under section 7 of article XII of the Hawaii State Constitution.

-4 Papahanaumokuakea Marine National Monument program. There is established the Papahanaumokuakea Marine National Monument program to be placed within the office of the chairperson of the board to coordinate and fulfill the State's management responsibilities of the monument. The program may:

(1)    Issue permits as part of the co-trustee monument permit process consistent with applicable state laws, the Presidential Proclamation 8031 on June 15, 2006 (71 Fed. Reg. 36443), and 50 C.F.R. part 404;

(2)    Provide advice and recommendations to the governor, the department, and other state departments and agencies on any matter relating to the management of the monument;

(3)    Adopt rules pursuant to chapter 91 to effectuate this chapter; and

(4)    Solicit and accept grants, donations, and contributions to support the purposes of this chapter.

-5 Fees. The department may charge fees that are proportional to the nature and complexity of the projects or services performed by the program, such as the issuance of permits, provided that:

(1) Fees shall be charged in accordance with a schedule approved by the board;

(2) The proposed fee schedule shall be posted on the department's website at least forty-five days prior to the board meeting at which adoption will be considered;

(3) The board shall consider and adopt the fee schedule at a regular meeting after taking public testimony; and

(4) The setting of fees shall not be subject to chapter 91.

-6 Penalties. (a) Any person violating any provision of any rule adopted hereunder, including any term or condition of any permit issued under this chapter, shall be guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than:

(1) $250 for a first offense;

(2) $500 for a second offense; and

(3) $1,000 for a third or subsequent offense.

(b) The fines specified in this section shall not be suspended or waived.

(c) Any criminal or administrative action taken under this chapter shall not preclude the State from pursuing any other criminal action or forfeiture proceeding otherwise provided by law.

(d) Except as otherwise provided by law, the board or its duly authorized representative by delegation may impose general administrative penalties as provided by section 187A-12.5."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. This Act shall take effect upon its approval.








Report Title:

Papahanaumokuakea Marine National Monument



Establishes the Papahanaumokuakea Marine National Monument Program in HRS. Establishes criminal and administrative penalties. Allows DLNR to establish a fee schedule for services provided by the Monument Program. Provides for advice to the Governor and other state agencies regarding the Monument. Allows the Monument Program to solicit and accept grants and donations.




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