Hawaii 2022 Regular Session

Hawaii Senate Bill SB1400 Compare Versions

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

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1	1	THE SENATE S.B. NO. 1400 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to natural resource protection. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1400
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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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 natural resource protection.
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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 legislature finds that the Moku Manu islets are located approximately seven hundred yards offshore of the northeast side of Mokapu Point on the Kaneohe marine corps base Hawaii between Kaneohe bay and Kailua bay. These two isolated islets serve as important refuges for native plants, insects, and especially nesting seabirds and their colonies. The reefs surrounding these islets are full of rare species of coral and are home to monk seals, turtles, and other native species. The three underwater caves between the two islets house a variety of rare invertebrates and other sensitive marine life. The Moku Manu islets host a critical ecosystem similar to the northwestern Hawaiian islands and are often cited as the last healthy and unspoiled of its kind in the main Hawaiian islands. The legislature further finds that although these islets are located outside of the restricted security zone surrounding the Kaneohe marine corps base Hawaii, it is still within potential reach of the live munitions at the nearby firing range. Moreover, even though no boating activities are allowed in or around the Moku Manu islets while the range is in use, the department of land and natural resources receives increasing reports of illegal fishing activities and landings in the area, threatening this irreplaceable habitat. Accordingly, the purpose of this Act is to recognize and maintain the unique and diverse terrestrial and marine habitats in and around the Moku Manu islets by: (1) Establishing the Moku Manu marine state monument; and (2) Managing certain ocean recreation activities within the area of the monument. SECTION 2. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows: "§6E- Moku Manu marine state monument. (a) There shall be a Moku Manu marine state monument as a historical site on Oahu to be administered by the department of land and natural resources. The monument shall consist of the waters surrounding the Mokapu peninsula, including the Moku Manu islets, bounded by: (1) The shoreline and a line drawn from the shoreline on the western side of Mokapu peninsula where it intersects with the 500-yard security buffer (approximately 21.430, -157.762); (2) From approximately 21.430, -157.762, a line drawn west northwestward to the southernmost point of the Kaneohe bay lay net prohibited area (approximately 21.446, ‑157.796); (3) From approximately 21.446, -157.796, northeastward along the boundary of the Kaneohe bay lay net prohibited area out to the 50-meter depth contour (approximately 21.479, -157.772); (4) From approximately 21.479, -157.772, eastward and southward along the 50-meter depth contour to the intersection with the northern boundary of the Kailua bay lay net prohibited area (approximately 21.458, ‑157.708); and (5) From approximately 21.458, -157.708, due west along the northern boundary of the Kailua bay lay net prohibited area to the shoreline on the eastern side of Mokapu peninsula (approximately 21.458, -157.722). (b) In addition to the restrictions established for state monuments and memorials pursuant to part V of chapter 6E, it shall be prohibited within the Moku Manu marine state monument for any person to: (1) Fish for, catch, take, injure, kill, possess, or remove any finfish, crustacean, or mollusk including sea shell and opihi, live coral, algae or limu, or other marine life, or eggs thereof, except as provided for in subsection (c); (2) Have or possess in the water, any spear, trap net, crowbar, or any other device that may be used for the taking or altering of marine life, geological feature, or specimen; (3) Take, alter, deface, destroy, possess, or remove any sand coral, rock, or other geological feature, or specimen; (4) Feed or deliberately introduce any food material, substance, or attractant, directly to or in the vicinity of any aquatic organism, by any means for any purpose, except as provided in subsection (c); or (5) Anchor or moor a vessel. (c) A person may: (1) Fish for, catch, take, possess, or remove any finfish by trolling; and (2) Possess in the water, any knife and any shark billy, bang stick, powerhead, or carbon dioxide injector for the sole purpose of personal safety. (d) For the purposes of this section, "trolling" means trailing a line attached to either a baited hook or artificial lure from a boat moving faster than slow-no-wake speed." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the Moku Manu islets are located approximately seven hundred yards offshore of the northeast side of Mokapu Point on the Kaneohe marine corps base Hawaii between Kaneohe bay and Kailua bay. These two isolated islets serve as important refuges for native plants, insects, and especially nesting seabirds and their colonies. The reefs surrounding these islets are full of rare species of coral and are home to monk seals, turtles, and other native species. The three underwater caves between the two islets house a variety of rare invertebrates and other sensitive marine life. The Moku Manu islets host a critical ecosystem similar to the northwestern Hawaiian islands and are often cited as the last healthy and unspoiled of its kind in the main Hawaiian islands.
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51	51	The legislature further finds that although these islets are located outside of the restricted security zone surrounding the Kaneohe marine corps base Hawaii, it is still within potential reach of the live munitions at the nearby firing range. Moreover, even though no boating activities are allowed in or around the Moku Manu islets while the range is in use, the department of land and natural resources receives increasing reports of illegal fishing activities and landings in the area, threatening this irreplaceable habitat. Accordingly, the purpose of this Act is to recognize and maintain the unique and diverse terrestrial and marine habitats in and around the Moku Manu islets by:
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53	53	(1) Establishing the Moku Manu marine state monument; and
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55	55	(2) Managing certain ocean recreation activities within the area of the monument.
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57	57	SECTION 2. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
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59	59	"§6E- Moku Manu marine state monument. (a) There shall be a Moku Manu marine state monument as a historical site on Oahu to be administered by the department of land and natural resources. The monument shall consist of the waters surrounding the Mokapu peninsula, including the Moku Manu islets, bounded by:
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61	61	(1) The shoreline and a line drawn from the shoreline on the western side of Mokapu peninsula where it intersects with the 500-yard security buffer (approximately 21.430, -157.762);
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63	63	(2) From approximately 21.430, -157.762, a line drawn west northwestward to the southernmost point of the Kaneohe bay lay net prohibited area (approximately 21.446, ‑157.796);
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65	65	(3) From approximately 21.446, -157.796, northeastward along the boundary of the Kaneohe bay lay net prohibited area out to the 50-meter depth contour (approximately 21.479, -157.772);
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67	67	(4) From approximately 21.479, -157.772, eastward and southward along the 50-meter depth contour to the intersection with the northern boundary of the Kailua bay lay net prohibited area (approximately 21.458, ‑157.708); and
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69	69	(5) From approximately 21.458, -157.708, due west along the northern boundary of the Kailua bay lay net prohibited area to the shoreline on the eastern side of Mokapu peninsula (approximately 21.458, -157.722).
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71	71	(b) In addition to the restrictions established for state monuments and memorials pursuant to part V of chapter 6E, it shall be prohibited within the Moku Manu marine state monument for any person to:
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73	73	(1) Fish for, catch, take, injure, kill, possess, or remove any finfish, crustacean, or mollusk including sea shell and opihi, live coral, algae or limu, or other marine life, or eggs thereof, except as provided for in subsection (c);
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75	75	(2) Have or possess in the water, any spear, trap net, crowbar, or any other device that may be used for the taking or altering of marine life, geological feature, or specimen;
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77	77	(3) Take, alter, deface, destroy, possess, or remove any sand coral, rock, or other geological feature, or specimen;
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79	79	(4) Feed or deliberately introduce any food material, substance, or attractant, directly to or in the vicinity of any aquatic organism, by any means for any purpose, except as provided in subsection (c); or
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81	81	(5) Anchor or moor a vessel.
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83	83	(c) A person may:
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85	85	(1) Fish for, catch, take, possess, or remove any finfish by trolling; and
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87	87	(2) Possess in the water, any knife and any shark billy, bang stick, powerhead, or carbon dioxide injector for the sole purpose of personal safety.
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89	89	(d) For the purposes of this section, "trolling" means trailing a line attached to either a baited hook or artificial lure from a boat moving faster than slow-no-wake speed."
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91	91	SECTION 3. New statutory material is underscored.
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93	93	SECTION 4. This Act shall take effect upon its approval.
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97	97	INTRODUCED BY: _____________________________
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99	99	INTRODUCED BY:
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107	107	Report Title: Moku Manu Marine State Monument; Historic Preservation Description: Establishes the Moku Manu marine state monument. Manages certain ocean recreation activities within the monument. 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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113	113	Report Title:
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115	115	Moku Manu Marine State Monument; Historic Preservation
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119	119	Description:
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121	121	Establishes the Moku Manu marine state monument. Manages certain ocean recreation activities within the monument.
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129	129	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.