HOUSE OF REPRESENTATIVES
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO OCEAN MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 1. The legislature finds that President Barack Obama issued Presidential Proclamation 9478 on August 26, 2016, expanding the Papahanaumokuakea Marine National Monument to provide critical protections for more than seven thousand marine species, including whales and sea turtles listed under the Endangered Species Act and the longest-living marine species in the world - black coral, which have been found to live longer than four thousand five hundred years. Additionally, as ocean acidification, warming, and other impacts of climate change threaten marine ecosystems, expanding the monument will improve ocean resilience, help the region's distinct physical and biological resources adapt, and create a natural laboratory that will allow scientists to monitor and explore the impacts of climate change on these fragile ecosystems.
The expanded monument area also contains resources of great historical and cultural significance. The expanded area, including the archipelago and its adjacent waters, is considered a sacred place for the Native Hawaiian community. It plays a significant role in Native Hawaiian creation and settlement stories, and is used to practice important activities like traditional long-distance voyaging and wayfinding. Additionally, within the monument expansion area, there are shipwrecks and downed aircraft from the Battle of Midway during World War II, a battle that marked a major shift in the progress of the war in favor of the Allies.
The legislature further finds that Proclamation 9478 directs federal agencies to work together with the State to create a joint management plan by August 26, 2019, and adopt implementing regulations, as appropriate, that address any further specific actions necessary for the proper care and management of the monument.
The legislature further finds that to improve the resilience of corals and ensure their continued benefit to the State, local stressors that are within our control, including sediment and nutrient runoff from land, invasive species, and illegal and unsustainable fishing, need to be effectively managed. The State's commitment to effectively manage thirty per cent of Hawaii's nearshore waters by 2030 should be echoed throughout all state and county agencies that manage coastal zones.
The purpose of this Act is to:
(1) 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; and
(2) Statutorily establish a goal to effectively manage thirty per cent of nearshore waters by 2030.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
Papahanaumokuakea marine national monument program
§ -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 Proclamation 8031 of June 15, 2006 (71 Fed. Reg. 36443), as amended by Proclamation 8112 of February 28, 2007 (72 Fed. Reg. 10029), and as expanded by Proclamation 9478 of August 26, 2016 (81 Fed. Reg. 60225), under the authority of the Antiquities Act (title 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 Proclamation 8031 of June 15, 2006 (71 Fed. Reg. 36443), and expanded by Proclamation 9478 of August 26, 2016 (81 Fed. Reg. 60225), and the December 8, 2006, memorandum of agreement between the department; United States Department of the Interior, United States Fish and Wildlife Service; and the United States Department of Commerce, National Oceanic and Atmospheric Administration. In this role, the department shall exercise its 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 shall 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 state constitution.
§ -4 Papahanaumokuakea Marine National Monument program. (a) There is established the Papahanaumokuakea Marine National Monument program to be placed within the department's division of aquatic resources to coordinate and fulfill the State's management responsibilities for the monument.
(b) The program may:
(1) Issue permits as part of the co-trustee monument permit process consistent with applicable state laws, the Proclamation 8031 of June 15, 2006 (71 Fed. Reg. 36443), as expanded by Proclamation 9478 of August 26, 2016 (81 Fed. Reg. 60225) and title 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) Solicit and accept grants, donations, and contributions to support the purposes of this chapter; and
(4) Adopt rules pursuant to chapter 91 to effectuate this chapter.
(c) 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.
(d) Except as otherwise provided by law, the board or its duly authorized representative may impose general administrative penalties for any person violating any provision of any rule adopted under this chapter, including any term or condition of any permit issued under this chapter, as provided by section 187A-12.5."
SECTION 3. Section 205A-63, Hawaii Revised Statutes, is amended to read as follows:
§205A-63[ ]] Agency
duties to coordinate related programs. All agencies managing marine and
coastal resources, shall:
(1) Actively work toward the goals, objectives, and
policies established by this chapter[
;], including the effective
management of thirty per cent of nearshore waters by 2030; and
(2) Coordinate the development of the state or county agency's programs with the plan.
For the purposes of this section, "effective management" means adaptive management approaches balancing sustainable use, restoration, and conservation measures."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Ocean Management; Papahanaumokuakea Marine National Monument Program; Coastal Zone Management
Establishes the Papahanaumokuakea Marine National Monument Program within DLNR-DAR to coordinate and fulfill the State's role and responsibilities in co-managing the Papahanaumokuakea Marine National Monument with federal authorities. Requires the effective management of thirty per cent of nearshore waters by 2030 under coastal zone management. (HB121 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.