HOUSE OF REPRESENTATIVES	H.B. NO.	483
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO OCEAN RESOURCES.

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

SECTION 1. The legislature finds that the Hawaii State Constitution establishes clear fiduciary duties with respect to Hawaii's natural resources, which are held and maintained in trust on behalf of the people of the State. In order to explore methods to better fulfill these public trust duties and responsibilities, the legislature established the West Hawaii regional fishery management area in 1998. The West Hawaii regional fishery management area is differentiated from other near-shore marine managed areas by the statutory authority of the department of land and natural resources to regulate fisheries in West Hawaii.

The legislature further finds that enforcement of laws and rules regulating fish catch within the West Hawaii regional fishery management area continues to be a persistent problem due to the number of illegal catches that occur. For example, reported poaching activities in West Hawaii's fish replenishment areas indicate that ongoing illegal actions and their adverse impacts to fisheries ecosystems sustainability pose an increasing threat to the department of land and natural resources' ability to enforce the State's constitutional obligation under article XI, section 1, of the Hawaii State Constitution to "conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State." This constitutional obligation includes the responsibility to conserve and manage the State's aquatic resources for the benefit of present and future generations.

The legislature further finds that the West Hawaii regional fishery management area, of all other fishery management areas of the State, is particularly susceptible to illegal catches of certain species of fish as identified by administrative rule. Therefore, administrative inspections are necessary to enforce laws and regulations particular to that area.

The purpose of this Act is to provide enhanced tools to better ensure compliance and monitoring of aquatic resources within the West Hawaii regional fishery management area. SECTION 2. Chapter 188F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§188F- Administrative inspection of commercial fishers and wholesalers within the West Hawaii regional fishery management area; display of licenses. (a) Any agent of the department upon whom the board has conferred police powers, or who has otherwise been authorized to conduct administrative inspections, may conduct examinations and inspections under subsection (d), of any fishing vessel or boat, within the waters of the West Hawaii regional fishery management area, that is required under subsection (c) to be marked for identification.

(b) No person to whom an aquarium collecting permit has been issued that authorizes that person to engage in aquarium collecting activities for special species listed in departmental rules shall permit any other person to carry, display, or use the permit in any way. Every person to whom an aquarium collecting permit has been issued shall physically possess the permit when fishing and shall show the permit upon the demand of any officer authorized to enforce the fishing laws of the State. No person, upon the request of an officer, shall refuse to show the permit or withhold permission to inspect any bag or container of any kind in which catch might be concealed.

(1) Be registered with the department;

(2) Clearly display the required identification, which shall be permanently affixed to the vessel as provided by rules of the department;

(3) Fly a stiffened flag and a dive flag as provided by rules of the department; and

(4) Meet any other requirements as may be provided by rules of the department.

(d) Administrative inspections of bags and containers which may be used to hold live fish, may be conducted while the fishing vessel or boat is on the water within the West Hawaii regional fishing management area, in a boat harbor or boat ramp, as well as any motor vehicle, in a boat harbor or boat ramp, that is used to transfer the catch of that fishing vessel or boat."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2016.