HOUSE OF REPRESENTATIVES
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO AQUATIC LIFE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§188- Nearshore reef wildlife protection. (a) The division of aquatic resources shall promote education about nearshore reef wildlife and shall implement programs and policies to increase reef health and restore nearshore reef wildlife populations to their historically naturally occurring levels.
(b) No program or policy implemented pursuant to this section shall prohibit the exercise of traditional and customary rights for subsistence, cultural, or religious purposes, including native Hawaiian gathering rights and traditional cultural practices, subject to the right of the State to regulate the rights, as specified in article XII, section 7, of the Hawaii State Constitution.
(c) No program or policy implemented pursuant to this section shall prohibit the:
(1) Issuance of special activity permits pursuant to section 187A-6; or
(2) Taking of fish or other aquatic life for human consumption or for sale for human consumption, including the taking of fish for bait.
(d) For purposes of this section, "nearshore reef wildlife" means marine life that occurs naturally in coral reef ecosystems within three miles of the shoreline."
SECTION 2. The department of land and natural resources shall develop a comprehensive plan for the sustainable management of nearshore reef wildlife, which shall include requirements for sustainable fishing and marine life collection practices and limits on total rates of taking and collection. The department shall submit a report of its plan, including any recommended legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2018.
SECTION 3. The department of land and natural resources shall not issue any new aquarium fish permits pursuant to section 188-31, Hawaii Revised Statutes, until the department of land and natural resources has developed a comprehensive plan for the sustainable management of nearshore reef wildlife; provided that all existing permits:
(1) Shall be non-transferable to new individuals; and
(2) May continue to be renewed by the department of land and natural resources.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2030.
Nearshore Reef Wildlife; Education; Sustainability Plan
Requires the Division of Aquatic Resources to promote education about nearshore reef wildlife and to develop a comprehensive plan, programs, and policies for its sustainable management. Places a temporary ban on the issuance of new aquarium fish permits; provided that existing permits may continue to be renewed and shall be non-transferable. (HB1457 HD2)
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