STAND. COM. REP. NO. 1064

Honolulu, Hawaii

, 2023

RE: H.B. No. 760

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 760, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AQUATIC RESOURCES,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Expand the Department of Land and Natural Resources' rulemaking authority to include any rule deemed necessary to protect certain aquatic life;

(2) Expand the Board of Land and Natural Resources' authority to temporarily adopt, amend, or repeal certain natural resource rules by formal action at a publicly noticed meeting under certain circumstances; and

(3) Create new fines for violations of rules pertaining to the Department of Land and Natural Resources' prevention of or response to previously benign aquatic nuisance species.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Environmental Caucus of The Democratic Party of Hawai‘i, and one individual. Your Committee received testimony in opposition to this measure from the Office of Hawaiian Affairs and one individual.

Your Committee finds that the Department of Land and Natural Resources is responsible for the management and protection of the State's aquatic resources, including preventing the over-exploitation of fisheries and introduction of aquatic nuisance species. Your Committee further finds that the Department is currently only authorized to adopt temporary rules if the rule is in response to "rapidly changing resource conditions". However, there are often other compelling reasons to authorize temporary rulemaking through the adaptive management process. This measure would expand the Department's array of management tools, allowing for better protection of the State's aquatic resources.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 760, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair