Hawaii 2022 Regular Session

Hawaii House Bill HB1724 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1724 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to aquaculture. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1724
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	1724
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2022
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to aquaculture.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that diversification of the State's economy is necessary to lessen the economic dependence on tourism and to respond to the economic downturn exacerbated by the coronavirus disease 2019 pandemic. Supporting local aquacultural productions can help the State move towards greater food sustainability and expand a home-based workforce. The legislature further finds that seafood demand outpaces supply and world fishery resources are quickly depleting. There is significant growth potential for the aquaculture industry in the State and for aspiring entrepreneurs looking to establish themselves in this global emerging industry. Accordingly, the purpose of this Act is to: (1) Establish provisions relating to the department of agriculture's governing of the business of aquaculture; (2) Grant exclusive property rights to persons who lawfully obtain the cultured progeny of wild plants and animals by brood stock acquisition; (3) Clarify that any person who takes aquaculture products without lawful entitlement shall be subject to prosecution for theft; (4) Authorize the department of agriculture to regulate the transportation, purchase, possession, and sale of specific aquaculture products as may be necessary to protect indigenous species; (5) Establish prohibitions relating to the spawning, incubating, or cultivation of transgenic fish species or any exotic species of finfish; (6) Make exemptions for certain research activities; and (7) Require the department of agriculture to prepare programmatic environmental impact reports. SECTION 2. Chapter 141 Hawaii Revised Statutes, is amended by adding nine new sections to part IV to be appropriately designated and to read as follows: "§141- Definitions. As used in this part: "Aquaculture" means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. The term "aquaculture" does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes. "Chairperson" means the chairperson of the board of agriculture. "Department" means the department of agriculture. "Exotic species" means a fish that is not indigenous to Hawaii waters and does not currently exist as a viable population in a wild condition in the State. "Indigenous species" means any aquatic life, wildlife, or land plant species growing or living naturally in Hawaii without having been brought to Hawaii by humans. "Person" means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. §141- Powers, duties, and activities of the department. (a) The business of aquaculture shall be governed by this part and shall be exempt from any other provisions relating to commercial fishing, harvesting, processing, and marketing. (b) Except as provided in this part, the business of aquaculture processing, distribution, and marketing shall be administered by the chairperson. (c) The chairperson may enter into an agreement with the chairperson of the board of land and natural resources for the resolution of any conflict regarding jurisdiction that arises under this part. (d) Any costs incurred by the department in implementing this part shall be recovered pursuant to this part. §141- Brood stock acquisition; exclusive property rights. The cultured progeny of wild plants and animals lawfully obtained by brood stock acquisition are the exclusive property of that person who cultured them or that person's successor in interest. §141- Theft. Any person who takes aquaculture products without lawful entitlement shall be subject to prosecution for theft. §141- Protection of indigenous species. (a) When necessary for the protection of indigenous species, the department may regulate the transportation, purchase, possession, and sale of specific aquaculture products as provided for in this section. (b) The department may determine that aquaculture products shall be accompanied by a document containing any of the following information: (1) The name, address, and registration number of the aquaculture producer; (2) The species; (3) The weight, volume, or count within the container; (4) The date of the shipment; and (5) The name and address of the intended receiver. (c) The department may require that certain aquaculture products shall be additionally identified as being aquaculture produced. §141- Prohibited activities. (a) In the waters of the Pacific Ocean that are regulated by the State, it shall be unlawful to spawn, incubate, or cultivate any transgenic fish species, or any exotic species of finfish. This section shall not apply to species that are propagated and cultured for either of the following: (1) Research conducted by, or on behalf of, the department; or (2) Release into the ocean waters for the purpose of recovery, restoration, or enhancement of indigenous species. (b) Nothing in this section authorizes artificial propagation, rearing, or stocking of transgenic freshwater and marine fishes, invertebrates, crustaceans, or mollusks. §141- Research activities. (a) Medical or scientific research conducted on transgenic finfish species by accredited academic institutions or private entities for research only and not for commercial production may be authorized pursuant to a permit issued by the department. (b) At a minimum, research activities conducted pursuant to this section shall be conducted in a closed system that has eliminated the risk of escape of transgenic finfish species and any potential disease they may transmit. (c) A permit application applied for pursuant to this section shall include a research plan specifying the objectives and goals of the proposed research. (d) Nothing in this section shall be construed to require the disclosure of proprietary information. §141- Programmatic environmental reports. (a) The department shall prepare programmatic environmental impact reports for existing and potential commercial aquaculture operations in both coastal and inland areas of the State if both of the following conditions are met: (1) Funds are appropriated to the department for this purpose; and (2) Matching funds are provided by the aquaculture industry. (b) For purposes of this section, "matching funds" includes but is not limited to any funds expended by the aquaculture industry before January 1, 2022, for the preparation of a programmatic environmental impact report. §141- Rulemaking authority. The department shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part." SECTION 3. Chapter 141, Hawaii Revised Statues, is amended by designating sections 141-2.5 to 141-2.7 as part IV and inserting a title before section 141-2.5 to read as follows: "PART IV. AQUACULTURE" SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that diversification of the State's economy is necessary to lessen the economic dependence on tourism and to respond to the economic downturn exacerbated by the coronavirus disease 2019 pandemic. Supporting local aquacultural productions can help the State move towards greater food sustainability and expand a home-based workforce. The legislature further finds that seafood demand outpaces supply and world fishery resources are quickly depleting. There is significant growth potential for the aquaculture industry in the State and for aspiring entrepreneurs looking to establish themselves in this global emerging industry.
50	50
51	51	Accordingly, the purpose of this Act is to:
52	52
53	53	(1) Establish provisions relating to the department of agriculture's governing of the business of aquaculture;
54	54
55	55	(2) Grant exclusive property rights to persons who lawfully obtain the cultured progeny of wild plants and animals by brood stock acquisition;
56	56
57	57	(3) Clarify that any person who takes aquaculture products without lawful entitlement shall be subject to prosecution for theft;
58	58
59	59	(4) Authorize the department of agriculture to regulate the transportation, purchase, possession, and sale of specific aquaculture products as may be necessary to protect indigenous species;
60	60
61	61	(5) Establish prohibitions relating to the spawning, incubating, or cultivation of transgenic fish species or any exotic species of finfish;
62	62
63	63	(6) Make exemptions for certain research activities; and
64	64
65	65	(7) Require the department of agriculture to prepare programmatic environmental impact reports.
66	66
67	67	SECTION 2. Chapter 141 Hawaii Revised Statutes, is amended by adding nine new sections to part IV to be appropriately designated and to read as follows:
68	68
69	69	"§141- Definitions. As used in this part:
70	70
71	71	"Aquaculture" means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. The term "aquaculture" does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.
72	72
73	73	"Chairperson" means the chairperson of the board of agriculture.
74	74
75	75	"Department" means the department of agriculture.
76	76
77	77	"Exotic species" means a fish that is not indigenous to Hawaii waters and does not currently exist as a viable population in a wild condition in the State.
78	78
79	79	"Indigenous species" means any aquatic life, wildlife, or land plant species growing or living naturally in Hawaii without having been brought to Hawaii by humans.
80	80
81	81	"Person" means any natural person or any partnership, corporation, limited liability company, trust, or other type of association.
82	82
83	83	§141- Powers, duties, and activities of the department. (a) The business of aquaculture shall be governed by this part and shall be exempt from any other provisions relating to commercial fishing, harvesting, processing, and marketing.
84	84
85	85	(b) Except as provided in this part, the business of aquaculture processing, distribution, and marketing shall be administered by the chairperson.
86	86
87	87	(c) The chairperson may enter into an agreement with the chairperson of the board of land and natural resources for the resolution of any conflict regarding jurisdiction that arises under this part.
88	88
89	89	(d) Any costs incurred by the department in implementing this part shall be recovered pursuant to this part.
90	90
91	91	§141- Brood stock acquisition; exclusive property rights. The cultured progeny of wild plants and animals lawfully obtained by brood stock acquisition are the exclusive property of that person who cultured them or that person's successor in interest.
92	92
93	93	§141- Theft. Any person who takes aquaculture products without lawful entitlement shall be subject to prosecution for theft.
94	94
95	95	§141- Protection of indigenous species. (a) When necessary for the protection of indigenous species, the department may regulate the transportation, purchase, possession, and sale of specific aquaculture products as provided for in this section.
96	96
97	97	(b) The department may determine that aquaculture products shall be accompanied by a document containing any of the following information:
98	98
99	99	(1) The name, address, and registration number of the aquaculture producer;
100	100
101	101	(2) The species;
102	102
103	103	(3) The weight, volume, or count within the container;
104	104
105	105	(4) The date of the shipment; and
106	106
107	107	(5) The name and address of the intended receiver.
108	108
109	109	(c) The department may require that certain aquaculture products shall be additionally identified as being aquaculture produced.
110	110
111	111	§141- Prohibited activities. (a) In the waters of the Pacific Ocean that are regulated by the State, it shall be unlawful to spawn, incubate, or cultivate any transgenic fish species, or any exotic species of finfish. This section shall not apply to species that are propagated and cultured for either of the following:
112	112
113	113	(1) Research conducted by, or on behalf of, the department; or
114	114
115	115	(2) Release into the ocean waters for the purpose of recovery, restoration, or enhancement of indigenous species.
116	116
117	117	(b) Nothing in this section authorizes artificial propagation, rearing, or stocking of transgenic freshwater and marine fishes, invertebrates, crustaceans, or mollusks.
118	118
119	119	§141- Research activities. (a) Medical or scientific research conducted on transgenic finfish species by accredited academic institutions or private entities for research only and not for commercial production may be authorized pursuant to a permit issued by the department.
120	120
121	121	(b) At a minimum, research activities conducted pursuant to this section shall be conducted in a closed system that has eliminated the risk of escape of transgenic finfish species and any potential disease they may transmit.
122	122
123	123	(c) A permit application applied for pursuant to this section shall include a research plan specifying the objectives and goals of the proposed research.
124	124
125	125	(d) Nothing in this section shall be construed to require the disclosure of proprietary information.
126	126
127	127	§141- Programmatic environmental reports. (a) The department shall prepare programmatic environmental impact reports for existing and potential commercial aquaculture operations in both coastal and inland areas of the State if both of the following conditions are met:
128	128
129	129	(1) Funds are appropriated to the department for this purpose; and
130	130
131	131	(2) Matching funds are provided by the aquaculture industry.
132	132
133	133	(b) For purposes of this section, "matching funds" includes but is not limited to any funds expended by the aquaculture industry before January 1, 2022, for the preparation of a programmatic environmental impact report.
134	134
135	135	§141- Rulemaking authority. The department shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part."
136	136
137	137	SECTION 3. Chapter 141, Hawaii Revised Statues, is amended by designating sections 141-2.5 to 141-2.7 as part IV and inserting a title before section 141-2.5 to read as follows:
138	138
139	139	"PART IV. AQUACULTURE"
140	140
141	141	SECTION 4. New statutory material is underscored.
142	142
143	143	SECTION 5. This Act shall take effect upon its approval.
144	144
145	145
146	146
147	147	INTRODUCED BY: _____________________________
148	148
149	149	INTRODUCED BY:
150	150
151	151	_____________________________
152	152
153	153
154	154
155	155
156	156
157	157	Report Title: Aquaculture; Department of Agriculture; Aquaculture Program Description: Establishes provisions relating to the Department of Agriculture's governing of the business of aquaculture. Grants exclusive property rights to persons who lawfully obtain the cultured progeny of wild plants and animals by brood stock acquisition. Clarifies that any person who takes aquaculture products without lawful entitlement shall be subject to prosecution for theft. Authorizes the Department of Agriculture to regulate the transportation, purchase, possession, and sale of specific aquaculture products as may be necessary to protect indigenous species. Establishes prohibitions relating to the spawning, incubating, or cultivation of transgenic fish species or any exotic species of finfish. Makes exemptions for certain research activities. Requires the Department of Agriculture to prepare programmatic environmental impact reports. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
158	158
159	159
160	160
161	161
162	162
163	163	Report Title:
164	164
165	165	Aquaculture; Department of Agriculture; Aquaculture Program
166	166
167	167
168	168
169	169	Description:
170	170
171	171	Establishes provisions relating to the Department of Agriculture's governing of the business of aquaculture. Grants exclusive property rights to persons who lawfully obtain the cultured progeny of wild plants and animals by brood stock acquisition. Clarifies that any person who takes aquaculture products without lawful entitlement shall be subject to prosecution for theft. Authorizes the Department of Agriculture to regulate the transportation, purchase, possession, and sale of specific aquaculture products as may be necessary to protect indigenous species. Establishes prohibitions relating to the spawning, incubating, or cultivation of transgenic fish species or any exotic species of finfish. Makes exemptions for certain research activities. Requires the Department of Agriculture to prepare programmatic environmental impact reports.
172	172
173	173
174	174
175	175
176	176
177	177
178	178
179	179	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.