STAND. COM. REP. NO. 44

Honolulu, Hawaii

RE: S.B. No. 89

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.B. No. 89 entitled:

"A BILL FOR AN ACT RELATING TO MARINE MANAGEMENT AREAS,"

begs leave to report as follows:

The purpose and intent of this measure is to require the Department of Land and Natural Resources to comply with the rulemaking process of chapter 91, Hawaii Revised Statutes (HRS), when designating marine management areas.

Your Committee received testimony in support of this measure from one individual. Your Committee received testimony in opposition to this measure from Kua‘āina Ulu ‘Auamo and one individual. Your Committee received comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that marine management areas are specific geographic areas designated by statute or administrative rule for the purpose of managing a variety of marine, estuarine, or anchialine resources and their use. Your Committee further finds that there are three statutes that authorize the Department of Land and Natural Resources to designate marine management areas:

(1) Section 190-3, HRS, authorizes the designation of marine life conservation districts;

(2) Section 188-53, HRS, authorizes the designation of fishery management areas, which include fishing reserves, refuges, and public fishing areas; and

(3) Section 188-22.6, HRS, authorizes the designation of community-based subsistence fishing areas.

Your Committee finds that while sections 190-3 and 188-22.6, HRS, expressly require the Department of Land and Natural Resources to comply with the rulemaking process under chapter 91, HRS, there is no express requirement under section 188-53, HRS. Although the Department of Land and Natural Resources has historically complied with the chapter 91, HRS, rulemaking process as to the designation of fishery management areas, there is no guarantee that compliance will continue in the future, absent a statutory requirement. Therefore, this measure serves to expressly require that the Department of Land and Natural Resources comply with chapter 91, HRS, when designating all marine management areas.

Your Committee has amended this measure by:

(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 89, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 89, S.D. 1, and be referred to your Committee on Judiciary.

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

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LORRAINE R. INOUYE, Chair