STAND. COM. REP. NO. 395

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1371

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

     Your Committee on Water and Land, to which was referred S.B. No. 1371 entitled:

 

"A BILL FOR AN ACT RELATING TO LAY NETS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to prohibit the use of lay nets to take aquatic life, except under a permit obtained from the Department of Land and Natural Resources, and establish the use of lay nets to take aquatic life without a permit as a misdemeanor offense with a mandatory minimum period of imprisonment of one day.

 

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Animal Rights Hawaii, Center for Biological Diversity, Hawaii Marine Animal Response, Coral Fish Hawaii, and eleven individuals.  Your Committee received testimony in opposition to this measure from the Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii and two individuals.  Your Committee received comments on this measure from Office of Hawaiian Affairs and one individual.

 

     Your Committee finds that although lay nets are not currently regulated under the Hawaii Revised Statutes, the Division of Aquatic Resources does enforce Hawaii Administrative Rules governing lay nets, including net registration and marking, limits on dimensions, and time and location restrictions.  This measure would allow for permit holders to continue using lay nets as regulated by the Department of Land and Natural Resources, while establishing strong penalties for violators.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting language to exempt native Hawaiian traditional and customary practices from the lay net prohibition and permit requirements;

 

     (2)  Amending the penalty for the misdemeanor offense of using a lay net to take aquatic life without a permit a mandatory minimum period of imprisonment of one day or, for a first offense, a minimum fine of $1,000;

 

     (3)  Inserting an effective date of December 31, 2050, to encourage further discussion; and

 

     (4)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1371, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1371, S.D. 1, and be referred to your Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Water and Land,

 

 

 

________________________________

KAIALI'I KAHELE, Chair