THE SENATE

S.B. NO.

1171

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CRUSTACEANS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Management of natural resources requires constant monitoring and, when necessary, the amending of regulations to adjust to a changing environment. The most effective way to amend and implement specific provisions is through the chapter 91, Hawaii Revised Statutes, administrative rule process, which would provide the mechanism for the department of land and natural resources (department) to discuss proposed changes to administrative rules through a public process that is transparent, provides the public ample opportunities for comment, and helps to ensure that due process is followed. Administrative rules would also enable the department to adopt more comprehensive changes for the management of these species.

Since the 2006 enactment of section 188-58.5, Hawaii Revised Statutes, the information about the Kona crab has grown to the point where changes to the management measures for this species needs updating. The department has since adopted

administrative rules that prohibit the taking, killing, or possession of female spiny lobster (ula), Kona crab (ranina ranina), and Samoan crab (Scylla serrata).

The purpose of this Act is to repeal section 188-58.5, Hawaii Revised Statutes, and rather allow the department to regulate the taking, killing, or possession of female spiny lobster (ula), Kona crab (ranina ranina), and Samoan crab (Scylla serrata) through administrative rules.

SECTION 2. Section 188-58.5, Hawaii Revised Statutes, is repealed.

[["[188-58.5] Female ula (spiny lobsters), Kona crabs, and Samoan crabs; taking or killing prohibited. (a) Unless otherwise exempted by law, it shall be unlawful for any person to take or kill any female ula (spiny lobster or Panulirus), Kona crab (Ranina ranina), or Samoan crab (Scylla serrata).

(b) This section shall not prohibit the taking or killing of female marine invertebrates identified in subsection (a) if they are the product of commercial aquaculture and not removed from their natural environment."]

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Crustaceans; Prohibition on Taking or Killing; Administrative Rules

 

Description:

Repeals section 188-58.5, Hawaii Revised Statutes, which prohibits the taking or killing of female spiny lobsters, Kona crabs, and Samoan crabs.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.