HOUSE OF REPRESENTATIVES	H.B. NO.	1133
THIRTIETH LEGISLATURE, 2019		H.D. 2
STATE OF HAWAII		S.D. 2
		C.D. 1

A BILL FOR AN ACT

 

 

RELATING TO MARINE LIFE CONSERVATION DISTRICTS.

 

 

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

 

     SECTION 1.  The legislature recognizes that marine life conservation districts are areas worthy of appropriate designation and treatment due to their location and environmental and scenic importance.  Offshore marine life conservation districts allow limited commercial access and provide a protected area for aquatic life.  Marine life conservation districts are most popularly used for snorkeling, diving, and underwater photography.

     The purpose of this Act is to preserve and protect offshore marine life conservation districts by capping the number of commercial use permits that may be granted and limiting access to a per cent of those holding marine life conservation district commercial use permits.

     SECTION 2.  Section 190-4.5, Hawaii Revised Statutes, is amended to read as follows:

     "§190-4.5  Anchoring, boating, and mooring in marine life conservation districts; rules.  (a)  The department shall, pursuant to chapter 91, adopt rules for the regulation of anchoring and mooring in each marine life conservation district established under this chapter.

     (b)  For any marine life conservation district not accessible by land:

     (1)  There shall be no more than a total of forty marine life conservation district commercial use permits; provided that the department shall not issue any new permits in a respective marine life conservation district after forty permits have been issued for that marine life conservation district; and

     (2)  Access by commercial use permittees at any one time shall be limited to fifty per cent, rounded to the lesser of the nearest whole number, of the current number of permit holders.

     (c)  Within its jurisdiction over ocean recreational boating and coastal activities, the department shall adopt rules pursuant to chapter 91 for the regulation of boating in each marine life conservation district established under this chapter."

     SECTION 3.  The department of land and natural resources shall immediately initiate rulemaking pursuant to chapter 91, Hawaii Revised Statutes, for management changes to address concerns regarding overcrowding and fish disruption at Molokini shoal marine life conservation district.

     SECTION 4.  The department of land and natural resources shall submit a report to the legislature on its rulemaking progress no later than twenty days prior to the convening of the regular session of 2020.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

Report Title:

Marine Life Conservation District; DLNR; Permits; Molokini Shoal

 

Description:

Prohibits the issuance of more than 40 commercial use permits for any marine life conservation district not accessible by land and limits access by commercial use permittees to no more than 50 percent of permittees. Requires DLNR to immediately initiate rulemaking for Molokini Shoal.  (HB1133 CD1)

 

 

 

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