SB2006 HD1

Report Title:

Conservation and Resources; Resource Management; Opihi

Description:

Prohibits the selling of opihi. (SB2006 HD1)

THE SENATE	S.B. NO.	2006
TWENTY-THIRD LEGISLATURE, 2006		S.D. 3
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

 

prohibiting sales of opihi.

 

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

SECTION 1. In recent years, the number of edible opihi found in Hawaii has declined. The popularity of opihi as a delicacy has led to overharvesting on the island of Oahu and has made opihi difficult to find on the neighbor islands.

The blackfoot opihi (cellana exarata), also known as "makaiauli," once the most common limpet in Hawaiian waters, is found in the upper wash of waves. The yellowfoot opihi (cellana sandwicensis), also known as "alinalina," is the preferred species for eating. It is found in the wash of waves, roughly between the habitats of the blackfoot opihi and koele, the third type of edible opihi in Hawaii. Koele is also known as the "kneecap" opihi (cellana talcosa). There is also a fourth type of opihi (cellana meanostoma) observed in Kaua`i that probably also could be found in Niihau.

Although opihi can be collected year-round, opihi shells must be at least one and a quarter inches wide, or the meat must be at least a half-inch wide, to be legally harvested them in Hawaii.

The purpose of this Act is to prohibit the sale of all Hawaiian species of edible opihi.

SECTION 2. Section 188-42.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§188-42.5[]] Hihiwai, hapawai, opihi, and opae kala`ole selling prohibited. It shall be unlawful for any person at any time to sell or offer for sale any hihiwai, hapawai, opihi, and opae kala`ole taken from any of the waters within the jurisdiction of the State. It shall be presumed that the taking of more than one quart per person per day of opihi, as measured with its shell on, from any of the other waters within the jurisdiction of the State, is for commercial sale purposes.

As used in this section, "opihi" means all known Hawaiian opihi species, including cellana exarata (blackfoot), cellana sandwicencis (yellowfoot), cellana talcosa (koele), and cellana melanostoma."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.