STAND. COM. REP. NO. 449-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1713

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 1713 entitled:

"A BILL FOR AN ACT RELATING TO KAHULUI HARBOR,"

begs leave to report as follows:

The purpose of this bill is to prohibit the use of any net to take or kill fish in Kahalui Harbor.

Three concerned individuals testified in support of this bill and your Committee received hundreds of signatures submitted on a petition supporting this measure. The Department of Land and Natural Resources (DLNR) opposed this measure.

Currently, an understandable conflict exists between recreational pole-line fisherman and net fishermen (subsistence, recreational and commercial), a conflict that pole line fishermen want to address statutorily. Your committee believes, however, as has been demonstrated on other islands, that this matter can be more appropriately resolved through the rulemaking process wherein net fishing can take place only in designated areas. A balance must be found not only to satisfy the pole line fishermen but also the commercial net fishermen who provide a dependable food source at reasonable prices for Hawaii's fish-eating citizenry.

 

Although your Committee understands that the rulemaking process is in all likelihood the proper venue for continuing this discussion, the importance of this issue warrants further consideration.

Accordingly, your Committee has amended this measure by:

(1) Changing the effective date to July 1, 2010, to facilitate further discussion; and

(2) Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

Your Committee would also like to encourage interested parties to broaden the discussion to include traditional native Hawaiian fishing rights and practices, and fishing practices in both Hanalei and Nawiliwili Harbors.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1713, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as H.B. No. 1713, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair