Bill Text: HI SB1240 | 2017 | Regular Session | Amended

Hawaii Senate Bill 1240 (Prior Session Legislation)

Bill Title: Relating To Aquatic Life.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2017-07-11 - Vetoed on 07-11-17 - Returned from the Governor without approval (Gov. Msg. No. 1274). [SB1240 Detail]

Download: Hawaii-2017-SB1240-Amended.html

THE SENATE	S.B. NO.	1240
TWENTY-NINTH LEGISLATURE, 2017		S.D. 2
STATE OF HAWAII		H.D. 1
		C.D. 1

A BILL FOR AN ACT

RELATING TO AQUATIC LIFE.

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

SECTION 1. The legislature finds that, except for limited protected areas, state law allows an unlimited number of permits to collect aquarium fish to be issued, and there is no limit on the amount collected for many species. The legislature further finds that "sustainable" as it relates to aquatic life remains undefined, and sustainability is not a factor that is considered by the State when issuing licenses for commercial collection of aquatic life.

The legislature finds that herbivorous fish play a significant role in maintaining the resiliency of coral reefs as they exert strong top-down pressure on macro algae growth on the reef, and the decline in wild herbivore populations is a known stressor to coral reefs. Scientists estimate in "Recovery Potential of the World's Coral Reef Fishes", MacNeil et al., Nature, April 2015, that the time needed for a moderately fished coral reef to recover is approximately thirty-five years and as many as fifty-nine years for more depleted reefs. Their findings demonstrate that a range of fisheries restrictions can help reefs recover.

The legislature finds that it is critical that the State leave healthy aquatic life on the reefs. The State's economy is inextricably tied to its marine environment, and the economic and environmental benefits of reef protection go far beyond tourist dollars that currently drive the economy. Herbivore populations that have declined or disappeared in Hawaii must be restored to promote reef recovery and the socioeconomic well-being of our people.

The purpose of this Act is to:

(1) Require the department of land and natural resources to define "sustainable" and establish a policy for sustainable collection practices and a process for determining limits for certain species, for legislative adoption, to ensure the sustainability of Hawaii's native near shore aquatic life; and

(2) Prohibit the department of land and natural resources from issuing new aquarium fish permits to use fine meshed traps or fine meshed nets other than throw nets to take aquatic life and from transferring or renewing existing permits except under certain conditions.

SECTION 2. (a) The department of land and natural resources shall submit proposed legislation to the legislature including a definition of "sustainable", a policy for sustainable collection practices of near shore aquatic life, a process for determining annual catch limits for each of the top forty species of near shore aquatic life for sustainable rates of collection, and any additional resources required by the department no later than twenty days before the convening of the regular session of 2019.

(b) The department of land and natural resources shall promote research and education on the State's near shore aquatic life and work to increase aquatic life health and numbers to historical levels.

"Aquatic life" has the same meaning as defined in section 187A-1, Hawaii Revised Statutes.

"Near shore" means up to three miles from the shoreline.

SECTION 3. The department of land and natural resources shall not issue any new aquarium fish permits to use fine meshed traps or fine meshed nets other than throw nets to take aquatic life pursuant to section 188-31, Hawaii Revised Statutes; provided that all existing permits:

(1) Shall not be transferrable to other persons; provided that permits may be transferred prior to July 1, 2022, if the permit is not deemed lapsed at the time of transfer; provided further that a permit is deemed lapsed if the permit has not been renewed for five or more years immediately preceding the time of transfer, including any duration prior to the effective date of this Act; and

(2) May continue to be renewed by the department of land and natural resources for current permit holders; provided that a permit shall be deemed lapsed and shall not be renewed if the permit has not been renewed for five or more years immediately preceding the time of application for renewal, including any duration prior to the effective date of this Act.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

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

Report Title:

Hawaii Aquatic Life Protection; Sustainability

Description:

Requires DLNR to submit proposed legislation to the legislature by the 2019 regular session including a definition of "sustainable", a policy for sustainable collection practices of near shore aquatic life, a process for determining limits on collection practices of near shore aquatic life, and any additional resources required by the department. Prohibits issuance of new aquarium permits. Prohibits transfer of current permits subject to certain provisions. Prohibits renewal of permits that have not been renewed for five or more years. (CD1)

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