THE SENATE	S.B. NO.	92
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Community-Based Subsistence Fishing Areas.

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

SECTION 1. The legislature finds that a community's needs and practices change over time. To remain relevant and beneficial to a community, community-based supports, such as community-based subsistence fishing areas, must adapt accordingly. Rather than change in response to a community's needs, however, community-based subsistence fishing area designations are permanent. Therefore, the purpose of this Act is to establish a time limitation upon community-based subsistence fishing area designations to ensure community-based subsistence fishing areas reflect the needs of Hawaii's communities.

SECTION 2. Section 188-22.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of land and natural resources may designate community-based subsistence fishing areas and carry out fishery management strategies, pursuant to administrative rules adopted under chapter 91, for [such] the areas[, through administrative rules adopted pursuant to chapter 91,] for the purpose of reaffirming and protecting fishing practices customarily and traditionally exercised for purposes of native Hawaiian subsistence, culture, and religion[.]; provided that each designation shall remain valid for not more than       years; provided further that each designation in the year prior to its expiration may be considered for an extension of       years, unless the designation has been established by statute prior to its expiration."

SECTION 3. Section 188-22.9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is designated the Ha‘ena community‑based subsistence fishing area, as provided in section 188-22.6, on the northwestern coast of Kauai, which shall consist of all state waters and submerged lands bounded by:

(1) The shoreline of the Ha‘ena district;

(2) A line that follows an imaginary extension of the boundary between Ha‘ena state park and Na Pali state park that extends seaward for one mile from the shoreline;

(3) An irregular line one mile offshore that is parallel to the contours of the shoreline; and

(4) A line that follows an imaginary extension of the boundary between Ha‘ena and Wainiha, as specified in the tax map of the county of Kauai, that extends seaward for one mile from the shoreline."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Community-Based Subsistence Fishing Areas; Designations; Department of Land and Natural Resources

Description:

Establishes a time limitation for community-based subsistence fishing area designations; provided that the Department of Land and Natural Resources may consider extending a designation in the year prior to the designation's expiration unless the designation is made through statute before its expiration.

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