Bill Text: HI SB1036 | 2024 | Regular Session | Introduced

Hawaii Senate Bill 1036

Introduced

Bill Title: Relating To Native Hawaiian Traditional And Customary Fishing Practices.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [SB1036 Detail]

Download: Hawaii-2024-SB1036-Introduced.html

THE SENATE	S.B. NO.	1036
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to native hawaiian traditional and customary fishing practices.

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

SECTION 1. The legislature finds that the department of land and natural resources is responsible for managing and administering the aquatic wildlife resources of the State. The department utilizes a variety of management tools to both increase yields for Hawaii fishers and protect aquatic resources from overexploitation. Management tools such as size limits, bag limits, closed seasons, gear and method regulations, and place-based fishing restrictions are all vital aspects of the department's mission to both increase fish yields and conserve Hawaii natural aquatic resources for future generations.

The legislature recognizes that article XII, section 7 of the Hawaii State Constitution provides protections for "all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights."

The legislature further finds that, despite these constitutional protections, individuals who choose to exercise their rights to gather aquatic resources in ways that contravene state fishing laws are subjected to the risk of civil and criminal citation and arrest before being afforded an opportunity to validate their traditional and customary rights. Allowing for permits to be issued by the department of land and natural resources for the purpose of exercising traditional and customary fishing practices would provide a less burdensome avenue for individuals to lawfully exercise legitimate traditional and customary fishing practices protected the Hawaii State Constitution.

The purpose of this Act is to provide the department with authority to issue special activity permits for the purpose of recognizing and protecting individuals exercising their right to engage in traditional and customary fishing practices as protected by the Hawaii State Constitution.

SECTION 2. Section 187A-6, Hawaii Revised Statutes, is amended to read as follows:

"§187A-6 Special activity permits. (a) Notwithstanding the provisions of any other law, the department may take aquatic life or possess or use any fishing gear for scientific, educational, management, or propagation purposes, for removal of aquatic species, or for implementing the powers and duties as described by section 187A-2; subject to chapter 195D. The department shall consider using chemicals or electrofishing devices only when it has determined that no other reasonable alternative would be appropriate. The application of chemicals or operation of electrofishing devices shall be in accordance with established procedures and with the proper training to ensure that the intended results are achieved.

(b) Notwithstanding the provisions of any other law, the department may issue permits, not longer than one year in duration, to any person to take aquatic life, possess or use fishing gear, or engage in any feeding, watching, or other such non-consumptive activity related to aquatic resources, otherwise prohibited by law, in any part of the State, for scientific, educational, management, or propagation purposes, subject to chapter 195D and subject to those restrictions the department deems desirable. 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.

(c) The department may issue permits to any person exercising their Native Hawaiian traditional and customary practices protected by law to take aquatic life, possess or use fishing gear, or engage in any feeding, watching, or other such non-consumptive activity related to aquatic resources, otherwise prohibited by law, in any part of the State, subject to chapter 195D. The permits authorized by this subsection are not required by any person exercising their constitutionally protected traditional and customary practices, but are intended to assist in the recognition and protection of any person exercising their protected rights.

[~~(c)~~] (d) The department may adopt rules pursuant to chapter 91 for the purpose of this section.

[~~(d)~~] (e) For the purposes of this section, unless the context clearly indicates otherwise:

"Fishing gear" means any device, including the use of any chemical or electricity that is either designed to take aquatic life or could be used to take aquatic life."

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

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

INTRODUCED BY:	_____________________________

Report Title:

DLNR; Protection; Recognition; Native Hawaiian Traditional and Customary Fishing Practices; Aquatic Resources

Description:

Authorizes the department of land and natural resources to issue special activity permits for the purpose of recognizing and protecting individuals exercising their Native Hawaiian traditional and customary rights.

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