STAND. COM. REP. NO.2124

Honolulu, Hawaii

, 2002

RE: S.B. No. 2795

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water, Land, Energy and Environment, to which was referred S.B. No. 2795 entitled:

"A BILL FOR AN ACT RELATING TO AQUATIC RESOURCES,"

begs leave to report as follows:

The purposes of this measure are to expand the Department of Land and Natural Resources' authority to use different types of fishing gear to manage the aquatic resources of the State, to expand the Department's authority to issue permits for non-consumptive activities relating to aquatic resources, and to clarify the Department's authority to manage the possession or use of explosives, chemicals, or electrofishing devices.

Testimony in support of this measure was received from the Department of Land and Natural Resources.

Your Committee finds that increases in alien species infestations and the demands of efficient management of aquatic wildlife programs, as well as new developments in fishing gear technology, have highlighted the Department's limited authority to respond to these problems and opportunities.

Your Committee is in agreement that the proposed measure would expand and clarify the Department's current authority to better manage the State's aquatic resources, but members have expressed considerable concern that, as proposed, that authority is both broad and particularly troubling regarding the use of explosives for management purposes.

After discussions with the Department, your Committee has amended this measure to:

(1) Delete the Department's authority to use explosives or to issue permits for the use of explosives;

(2) Require the Department to consider using chemicals or electrofishing devices only when no other reasonable alternative is appropriate, and in accordance with established procedures and with proper training; and

(3) Make technical, nonsubstantive amendments.

As affirmed by the record of votes of the members of your Committee on Water, Land, Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2795, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2795, S.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Energy and Environment,

____________________________

LORRAINE R. INOUYE, Chair