Bill Text: HI SCR166 | 2010 | Regular Session | Introduced

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Bill Title: Fishing; State Park Rules

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-10 - (S) Referred to WTL. [SCR166 Detail]

Download: Hawaii-2010-SCR166-Introduced.html

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THE SENATE	S.C.R. NO.	166
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO AMEND ITS ADMINISTRATIVE RULES RELATING TO CAMPING AT STATE PARKS.

 

 

 

     WHEREAS, fishing at night on beaches throughout the State has long been a treasured tradition in Hawaii that is enjoyed by Native Hawaiian families and the broader public and is a source of sustenance and recreation; and

 

     WHEREAS, many fishermen use tents, sleeping bags, and other gear to protect themselves and their families from the night-time elements; and

 

     WHEREAS, in 2002, the Department of Land and Natural Resources amended section 13-146-2, Hawaii Administrative Rules, to define camping by the type of "camping paraphernalia" an individual possesses one hour after sunset until sunrise; and

 

     WHEREAS, the amended rules have resulted in the issuance of permit citations to individuals fishing in state parks who have been mistaken for campers because of their tents and sleeping bags; and

 

     WHEREAS, fishermen from Keawaula and Kaena beaches on Oahu's west and north shores have been especially targeted, with many of them believing that the revised rules do not allow them to sufficiently protect themselves from the gusty wind, rain, and pounding surf that frequents Oahu's rugged shoreline at night; and

 

     WHEREAS, the revised rules have had a significant impact on Native Hawaiians, whose customary and traditional rights are protected by the state constitution; and

 

     WHEREAS, the Legislature finds that the State's administrative rules relating to camping at state parks is a health and safety issue that should be addressed expeditiously; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the Department of Land and Natural Resources is requested to amend its administrative rules to:

 

(1)  Regulate camping while not adversely affecting other park uses including fishing;

 

(2)  Establish a clear distinction between camping and fishing; and

 

(3)  Allow fishermen to protect themselves from the elements while maintaining the public's safety; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and the Chairperson of the Board of Land and Natural Resources.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Fishing; State Park Rules