HOUSE OF REPRESENTATIVES	H.B. NO.	2479
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE TAKING OF MARINE DEPOSITS.

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

SECTION 1. The legislature finds that the department of land and natural resources (department) regularly receives requests for permits that involve the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits from state waters for research, education, management, or propagation purposes. However, the department is not authorized to approve these permit requests because section 171-58.5, Hawaii Revised Statutes, does not currently allow for the take of these resources for those purposes.

The purpose of this Act is to amend section 171-58.5, Hawaii Revised Statutes, to allow for the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline for research, education, management, or propagation purposes when authorized by permits issued by the department of land and natural resources.

SECTION 2. Section 171-58.5, Hawaii Revised Statutes, is amended to read as follows:

"§171-58.5 Prohibitions. The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline is prohibited with the following exceptions:

(1) The inadvertent taking from seaward of the shoreline of these materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;

(2) For the replenishment or protection of public shoreline areas and adjacent public lands seaward of the shoreline, or construction or maintenance of state approved lagoons, harbors, launching ramps, or navigational channels with a permit authorized under chapter 183C;

(3) The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless this placement would result in significant turbidity;

(4) The cleaning of areas seaward of the shoreline for state or county maintenance purposes including the purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;

(5) The taking of these materials for research, education, management, or propagation purposes when authorized by a permit issued by the department;

[(5)] (6) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or

[(6)] (7) For the response to a public emergency or a state or local disaster."

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

SECTION 4. This Act shall take effect on July 1, 3000.

Report Title:

Taking of Marine Deposits Seaward of the Shoreline

Description:

Authorizes the Department of Land and Natural Resources to approve permits for research, education, management, or propagation purposes that include the taking of sand, dead coral, coral rubble, rocks, soil, and other marine deposits seaward of the shoreline. Effective 7/1/3000. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.