Hawaii 2022 Regular Session

Hawaii Senate Bill SB1181 Compare Versions

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

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1	1	THE SENATE S.B. NO. 1181 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO MARINE LIFE CONSERVATION DISTRICTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1181
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1181
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO MARINE LIFE CONSERVATION DISTRICTS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The marine life conservation program embodied in chapter 190, Hawaii Revised Statutes, has provided the State with some of its most ecologically, economically, and culturally valuable environmental assets. The comprehensive habitat protections authorized for marine life conservation districts have resulted in the unparalleled preservation of its nearshore reef ecosystems, presenting visitors, residents, and researchers alike with a unique opportunity to appreciate this relatively pristine marine area. In addition, the abundant marine life found within marine life conservation districts provides additional ecological and fishery services by the movement of fish and marine life to adjacent areas, the recruitment of marine life offspring throughout the State, and the ready availability of food stock for transitory predators and game fish. Furthermore, the increasing popularity of marine ecotourism requires greater measures to ensure the continued health of the State's marine ecosystems. The broad range of recently documented anthropogenic impacts to the health of marine life conservation districts' ecosystems, including coral bleaching, vessel groundings, anchoring and mooring, diving activities, poaching, land-based and water-based pollutant discharges, and other direct and indirect uses of the State's resources, indicate that the department of land and natural resources may need a more consistent and reliable source of funding to manage, protect, and restore marine resources throughout the State. A sustainable funding source is especially critical during these current times of economic difficulty due to the impacts of the COVID-19 pandemic. The purposes of this Act are to establish the marine life conservation district special fund allowing for the collection and use of moneys for the management, protection, restoration, and enhancement of the State's marine life conservation districts and the resources contained within, and to authorize the department of land and natural resources to collect fees for the use of marine life conservation districts and the resources contained within. SECTION 2. Chapter 190, Hawaii Revised Statutes, is amended by adding a section to be appropriately designated and to read as follows: "§190- Marine life conservation district special fund. (a) There is hereby established in the treasury of the State the marine life conservation district special fund, which shall be administered by the department of land and natural resources. (b) The following shall be deposited into the marine life conservation district special fund: (1) Moneys collected as user fees or fees for permits pursuant issued under section 190-4; (2) Revenues due to the State derived from leases of any lands, facilities, equipment, and other property owned by the department of land and natural resources and used for or dedicated to the management, research, restoration, and enhancement of aquatic resources; (3) Moneys collected as fines, bail forfeitures, attorney's fees, and administrative costs for violations of subtitle 5 of title 12 or any rule adopted thereunder, other than: (A) Informer's fees authorized under section 187A-14; (B) Fines or bail forfeitures for sport fishing violations of this chapter and chapters 188 and 189, as authorized under section 187A-9.5(b)(3); and (C) Fines, bail forfeitures, or administrative fines for violations of chapter 189, as authorized under section 189-2.4(b)(3); (4) Moneys collected for the purposes of compensatory mitigation from federal or state permitted impacts to the environment or resources contained within the marine life conservation districts; (5) Grants, awards, donations, gifts, transfers, or moneys derived from private or public services for the purposes of subtitle 5 of title 12, other than: (A) Monetary contributions or moneys collected from the sale of non-monetary gifts to benefit sport fish or sport fishing, as authorized under section 187A-9.5(b)(5); and (B) Monetary contributions or moneys collected from the sale of non-monetary gifts to benefit aquatic life used for commercial purposes or fishing for commercial purposes, as authorized under section 189-2.4(b)(5); and (6) Moneys derived from interest, dividend, or other income from the above sources. (c) Subject to subsection (d), the marine life conservation district special fund shall be used to: (1) Fulfill the purposes of this chapter, including but not limited to marine life conservation district monitoring, research, regulatory measures, enforcement actions, educational activities, or any other measure intended to conserve, supplement, and enhance the resources within any marine life conservation district established under this chapter or rules adopted thereunder; (2) Provide management, monitoring, and support for public fishing areas, community-based subsistence fishing areas, fisheries management areas, and other areas of localized management; (3) Develop and carry out any compensatory mitigation measures for impacts to the marine environment, including impacts to the marine environment from federal or state permitted actions, or violations of this chapter or any rule adopted thereunder; or (4) Develop and carry out research projects, educational programs, management initiatives, and any other activity intended to conserve, supplement, and enhance the marine environment throughout the State. (d) The fund shall be held separate and apart from all other moneys, funds, and accounts in the department of land and natural resources, provided further that any moneys received from the federal government, through federal programs, or from private contributions, shall be deposited and accounted for in accordance with conditions established by the agency or private entity from whom the moneys are received, and provided that twenty per cent of all funds collected under subsection (b)(1) be payable to the office of Hawaiian affairs as ceded lands revenues. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year. (e) The proceeds of the marine life conservation district special fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or instruments of indebtedness. (f) Nothing in this section shall be construed to prohibit the use of general funds or the funds of other programs and activities to implement or enforce title 12, subtitle 5, or any rule adopted thereunder, concerning management and protection of marine life conservation districts and the resources therein." SECTION 3. Section 190-4, Hawaii Revised Statutes, is amended to read as follows: "§190-4 Permits[.] and user fees. (a) The department of land and natural resources may, in any conservation district, prohibit the taking of marine life or the engaging in activities prohibited by this chapter and rules adopted thereunder, except by permit issued by it for scientific, education, or other public purposes on such terms and conditions deemed necessary to minimize any adverse effect within the conservation district; provided that the department shall provide written notice of any change in permit conditions ninety calendar days prior to the effective date of the change, except, as determined by the department, when an immediate change in permit conditions is necessary to protect or preserve the conservation district. The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation. (b) The department of land and natural resources may adopt rules pursuant to chapter 91 to establish fees or require permits for entry into the boundaries of any marine life conservation district established under this chapter. Fees collected under this section or any rule adopted thereunder, shall be deposited in the marine life conservation district special fund." 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: _____________________________ BY REQUEST
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49	49	SECTION 1. The marine life conservation program embodied in chapter 190, Hawaii Revised Statutes, has provided the State with some of its most ecologically, economically, and culturally valuable environmental assets. The comprehensive habitat protections authorized for marine life conservation districts have resulted in the unparalleled preservation of its nearshore reef ecosystems, presenting visitors, residents, and researchers alike with a unique opportunity to appreciate this relatively pristine marine area. In addition, the abundant marine life found within marine life conservation districts provides additional ecological and fishery services by the movement of fish and marine life to adjacent areas, the recruitment of marine life offspring throughout the State, and the ready availability of food stock for transitory predators and game fish.
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51	51	Furthermore, the increasing popularity of marine ecotourism requires greater measures to ensure the continued health of the State's marine ecosystems. The broad range of recently documented anthropogenic impacts to the health of marine life conservation districts' ecosystems, including coral bleaching, vessel groundings, anchoring and mooring, diving activities, poaching, land-based and water-based pollutant discharges, and other direct and indirect uses of the State's resources, indicate that the department of land and natural resources may need a more consistent and reliable source of funding to manage, protect, and restore marine resources throughout the State. A sustainable funding source is especially critical during these current times of economic difficulty due to the impacts of the COVID-19 pandemic.
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53	53	The purposes of this Act are to establish the marine life conservation district special fund allowing for the collection and use of moneys for the management, protection, restoration, and enhancement of the State's marine life conservation districts and the resources contained within, and to authorize the department of land and natural resources to collect fees for the use of marine life conservation districts and the resources contained within.
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55	55	SECTION 2. Chapter 190, Hawaii Revised Statutes, is amended by adding a section to be appropriately designated and to read as follows:
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57	57	"§190- Marine life conservation district special fund. (a) There is hereby established in the treasury of the State the marine life conservation district special fund, which shall be administered by the department of land and natural resources.
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59	59	(b) The following shall be deposited into the marine life conservation district special fund:
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61	61	(1) Moneys collected as user fees or fees for permits pursuant issued under section 190-4;
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63	63	(2) Revenues due to the State derived from leases of any lands, facilities, equipment, and other property owned by the department of land and natural resources and used for or dedicated to the management, research, restoration, and enhancement of aquatic resources;
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65	65	(3) Moneys collected as fines, bail forfeitures, attorney's fees, and administrative costs for violations of subtitle 5 of title 12 or any rule adopted thereunder, other than:
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67	67	(A) Informer's fees authorized under section 187A-14;
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69	69	(B) Fines or bail forfeitures for sport fishing violations of this chapter and chapters 188 and 189, as authorized under section 187A-9.5(b)(3); and
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71	71	(C) Fines, bail forfeitures, or administrative fines for violations of chapter 189, as authorized under section 189-2.4(b)(3);
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73	73	(4) Moneys collected for the purposes of compensatory mitigation from federal or state permitted impacts to the environment or resources contained within the marine life conservation districts;
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75	75	(5) Grants, awards, donations, gifts, transfers, or moneys derived from private or public services for the purposes of subtitle 5 of title 12, other than:
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77	77	(A) Monetary contributions or moneys collected from the sale of non-monetary gifts to benefit sport fish or sport fishing, as authorized under section 187A-9.5(b)(5); and
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79	79	(B) Monetary contributions or moneys collected from the sale of non-monetary gifts to benefit aquatic life used for commercial purposes or fishing for commercial purposes, as authorized under section 189-2.4(b)(5); and
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81	81	(6) Moneys derived from interest, dividend, or other income from the above sources.
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83	83	(c) Subject to subsection (d), the marine life conservation district special fund shall be used to:
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85	85	(1) Fulfill the purposes of this chapter, including but not limited to marine life conservation district monitoring, research, regulatory measures, enforcement actions, educational activities, or any other measure intended to conserve, supplement, and enhance the resources within any marine life conservation district established under this chapter or rules adopted thereunder;
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87	87	(2) Provide management, monitoring, and support for public fishing areas, community-based subsistence fishing areas, fisheries management areas, and other areas of localized management;
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89	89	(3) Develop and carry out any compensatory mitigation measures for impacts to the marine environment, including impacts to the marine environment from federal or state permitted actions, or violations of this chapter or any rule adopted thereunder; or
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91	91	(4) Develop and carry out research projects, educational programs, management initiatives, and any other activity intended to conserve, supplement, and enhance the marine environment throughout the State.
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93	93	(d) The fund shall be held separate and apart from all other moneys, funds, and accounts in the department of land and natural resources, provided further that any moneys received from the federal government, through federal programs, or from private contributions, shall be deposited and accounted for in accordance with conditions established by the agency or private entity from whom the moneys are received, and provided that twenty per cent of all funds collected under subsection (b)(1) be payable to the office of Hawaiian affairs as ceded lands revenues. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year.
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95	95	(e) The proceeds of the marine life conservation district special fund shall not be used as security for, or pledged to the payment of principal or interest on, any bonds or instruments of indebtedness.
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97	97	(f) Nothing in this section shall be construed to prohibit the use of general funds or the funds of other programs and activities to implement or enforce title 12, subtitle 5, or any rule adopted thereunder, concerning management and protection of marine life conservation districts and the resources therein."
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99	99	SECTION 3. Section 190-4, Hawaii Revised Statutes, is amended to read as follows:
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101	101	"§190-4 Permits[.] and user fees. (a) The department of land and natural resources may, in any conservation district, prohibit the taking of marine life or the engaging in activities prohibited by this chapter and rules adopted thereunder, except by permit issued by it for scientific, education, or other public purposes on such terms and conditions deemed necessary to minimize any adverse effect within the conservation district; provided that the department shall provide written notice of any change in permit conditions ninety calendar days prior to the effective date of the change, except, as determined by the department, when an immediate change in permit conditions is necessary to protect or preserve the conservation district. The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.
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103	103	(b) The department of land and natural resources may adopt rules pursuant to chapter 91 to establish fees or require permits for entry into the boundaries of any marine life conservation district established under this chapter. Fees collected under this section or any rule adopted thereunder, shall be deposited in the marine life conservation district special fund."
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105	105	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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107	107	SECTION 5. This Act shall take effect upon its approval.
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111	111	INTRODUCED BY: _____________________________
112	112	BY REQUEST
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114	114	INTRODUCED BY:
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122	122	BY REQUEST
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124	124	Report Title: Marine Life Conservation District Special Fund; Fees Description: Establishes the Marine Life Conservation District Special Fund for the collection and use of moneys for the management, protection, restoration, and enhancement of the State's marine life conservation districts and the resources contained within, and authorizes the Department of Land and Natural Resources to collect fees for the use of marine life conservation districts and the resources contained within. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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130	130	Report Title:
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132	132	Marine Life Conservation District Special Fund; Fees
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136	136	Description:
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138	138	Establishes the Marine Life Conservation District Special Fund for the collection and use of moneys for the management, protection, restoration, and enhancement of the State's marine life conservation districts and the resources contained within, and authorizes the Department of Land and Natural Resources to collect fees for the use of marine life conservation districts and the resources contained within.
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146	146	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.