STAND. COM. REP. NO. 997

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 Judiciary, to which was referred S.B. No. 89, S.D. 1, 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 the Ocean Tourism Coalition and five individuals. Your Committee received testimony in opposition to this measure from the Department of Land and Natural Resources.

Your Committee finds that section 188-53, HRS, does not expressly require the Department of Land and Natural Resources to comply with the rulemaking requirements of chapter 91, HRS, when designating fishery management areas. Your Committee believes that, although the Department of Land and Natural Resources has historically complied with chapter 91, HRS, when designating fishery management areas, it is important to specifically require that the Department continues to comply with these rulemaking processes to ensure that the designation process is transparent and fair. This measure will assure stakeholders that designated marine management areas are based on the best available science and are consistent with state and federal laws.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 89, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair