THE SENATE

S.B. NO.

769

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MARINE RESOURCES.

 

 

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

 


SECTION 1. The legislature finds that marine life conservation districts are under the jurisdiction of the State and home to irreplaceable marine species and native reef habitats. The legislature further finds that one example of a marine life conservation district, the Hanauma Bay nature preserve, is one of the most popular marine life conservation districts on the island of Oahu. Visitors pay both an entry and parking fee to the city and county of Honolulu, which collects fees on land, but Hanauma bay is a state marine life conservation district.

The legislature further finds that the city and county of Honolulu has not transferred any moneys to the State for any of its preservation work on Hanauma Bay. On January 2021, the Honolulu city council passed an ordinance that not only raised the parking fees for nonresidents from one dollar to three dollars, but also raised the admission fees for nonresidential visitors aged thirteen and older from $7.50 to $12.

Accordingly, the purpose of this Act is to:

(1) Authorize the department of land and natural resources to establish fees and permits for entry into a marine line conservation district; and

(2) Establish a special fund allowing for the collection and use of moneys for the conservation, supplementation, and enhancement of the State's marine resources.

SECTION 2. Chapter 190, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"190-   Marine life conservation district special fund. (a) There is established in the treasury of the State the marine life conservation district special fund to be administered by the department of land and natural resources.

(b) The following shall be deposited into the marine life conservation district special fund:

(1) Moneys collected as user fees or fees for permits issued under section 190-4;

(2) Revenues due to the State derived from leases of any lands, facilities, equipment, and other property owned by the department of land and natural resources and used for or dedicated to the management, research, restoration, and enhancement of aquatic resources;

(3) Moneys collected as fines, bail forfeitures, attorney's fees, and administrative costs for violations of subtitle 5 of title 12 or any rule adopted thereunder, other than:

(A) Informer's fees authorized under section 187A-14;

(B) Fines or bail forfeitures for sport fishing violations of this chapter and chapters 188 and 189, as authorized under section 187A-9.5(b)(3); and

(C) Fines, bail forfeitures, or administrative fines for violations of chapter 189, as authorized under section 189-2.4(b)(3);

(4) Moneys collected for the purposes of compensatory mitigation from federal or state permitted impacts to the environment or resources contained within the marine life conservation districts;

(5) Grants, awards, donations, gifts, transfers, or moneys derived from private or public services for the purposes of subtitle 5 of title 12, other than:

(A) Monetary contributions or moneys collected from the sale of non-monetary gifts to benefit sport fish or sport fishing, as authorized under section 187A-9.5(b)(5); and

(B) Monetary contributions or moneys collected from the sale of non-monetary gifts to benefit aquatic life used for commercial purposes or fishing for commercial purposes, as authorized under section 189-2.4(b)(5); and

(6) Moneys derived from interest, dividend, or other income from the above sources.

(c) Subject to subsection (d), the marine life conservation district special fund shall be used to:

(1) Fulfill the purposes of this chapter, including but not limited to marine life conservation district monitoring, research, regulatory measures, enforcement actions, educational activities, or any other measure intended to conserve, supplement, and enhance the resources within any marine life conservation district;

(2) Provide management, monitoring, and support for public fishing areas, community-based subsistence fishing areas, fishery management areas, and other areas of localized management;

(3) Develop and carry out any compensatory mitigation measures for impacts to the marine environment, including impacts to the marine environment from federal or state permitted actions, or violations of this chapter or any rule adopted thereunder; and

(4) Develop and carry out research projects, educational programs, management initiatives, and any other activity intended to conserve, supplement, and enhance the marine environment throughout the State.

(d) The fund shall be held separate and apart from all other moneys, funds, and accounts in the department of land and natural resources, provided further that any moneys received from the federal government, through federal programs, or from private contributions, shall be deposited and accounted for in accordance with conditions established by the agency or private entity from whom the moneys are received, and provided that twenty per cent of all funds collected under subsection (b)(1) be payable to the Office of Hawaiian Affairs as ceded lands revenues. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year.

(e) The proceeds of the marine life conservation district special fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or instruments of indebtedness.

(f) Nothing in this section shall be construed to prohibit the use of general funds or the funds of other programs and activities to implement or enforce title 12, subtitle 5, or any rule adopted thereunder, concerning management and protection of marine life conservation districts and the resources therein."

SECTION 3. Section 190-4, Hawaii Revised Statutes, is amended to read as follows:

"190-4 Permits[.] and user fees. (a) The department of land and natural resources may, in any conservation district, prohibit the taking of marine life or the engaging in activities prohibited by this chapter and rules adopted thereunder, except by permit issued by it for scientific, education, or other public purposes on such terms and conditions deemed necessary to minimize any adverse effect within the conservation district; provided that the department shall provide written notice of any change in permit conditions ninety calendar days prior to the effective date of the change, except, as determined by the department, when an immediate change in permit conditions is necessary to protect or preserve the conservation district. The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.

(b) The department of land and natural resources may adopt rules pursuant to chapter 91 to establish fees or require permits for entry into the boundaries of any marine life conservation district established under this chapter to which public access is managed by a county and for which a fee is charged for public access. Fees collected under this section or any rule adopted thereunder, shall be deposited in the marine life conservation district special fund established pursuant to section 190-  ."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Marine Resources; Marine Life Conservation District Special Fund; Hanauma Bay; Fees

 

Description:

Authorizes the Department of Land and Natural Resources to establish fees and permits for entry into a marine line conservation district. Establishes the Marine Life Conservation District Special Fund.

 

 

 

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