Bill Text: HI SB2149 | 2024 | Regular Session | Amended
Bill Title: Relating To Permits.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced) 2024-02-14 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2149 Detail]
Download: Hawaii-2024-SB2149-Amended.html
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THE SENATE |
S.B. NO. |
2149 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PERMITS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 187A-3.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding the provisions in subtitle 5
of title 12, or administrative rules adopted thereunder, the department may
issue to any qualified aquaculturist a license to fish, possess, rear, and sell
any aquatic life whose fishing, possession or sale is prohibited by closed
season, minimum size, or bag limit; provided that [the]:
(1) The qualified aquaculturist
rears or reared the aquatic life in an aquaculture facility[.]; and
(2) The department shall approve or deny
an application for the permit within ninety days from the date that the
application was submitted."
SECTION 2. Section 187A-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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[.]; provided that the department shall approve or deny an
application for the permit within ninety days from the date that the
application was submitted. 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has been revoked shall not be eligible to apply for another permit until the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."
SECTION 3. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $225,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of two full-time equivalent (2.0 FTE) positions within the division of aquatic resources of the department of land and natural resources to support the review process of all aquaculture related licenses.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2024.
Report Title:
DLNR; Aquaculture Permit; Commercial License; Aquatic Research; DAR; Positions; Expenditure Ceiling; Appropriation
Description:
Requires the Department of Land and Natural Resources to approve or deny an application related to aquaculture within 90 days from the date that it was submitted. Establishes two full-time equivalent (2.0 FTE) positions within the Division of Aquatic Resources to support the permit review process. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
