Hawaii 2022 Regular Session

Hawaii Senate Bill SB181 Compare Versions

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

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1	1	THE SENATE S.B. NO. 181 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to aquatic resources. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 181
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	181
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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 aquatic resources.
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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. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§187A- Aquatic resources management advisory commission. (a) There is established within the department an aquatic resources management advisory commission, which shall serve in an advisory capacity to the board. The aquatic resources management advisory commission shall consist of the following nine members: (1) One member from the county of Kauai; (2) Three members from the county of Maui, with one member from each of the islands of Maui, Lanai, and Molokai; (3) Two members from the county of Hawaii, with one member from east Hawaii and one member from west Hawaii; (4) One member from the city and county of Honolulu; (5) One at-large member; and (6) The chairperson of the board or the chairperson's designated representative who shall serve as an ex officio voting member; provided that each member, other than the chairperson of the board, shall be appointed by the governor in a manner provided in section 26-34, shall be an individual licensed in the State under this chapter, and shall have leadership experience in working directly with local fishing organizations; provided further that at least one member shall have knowledge, experience, and expertise in the area of native Hawaiian cultural practices; provided further that no more than three members shall represent, be employed by, or be under contract to any sector of government. (b) The aquatic resources management advisory commission shall elect a chairperson from among its members. The members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties, including traveling expenses while attending meetings and while in the discharge of their duties. (c) The aquatic resources management advisory commission may recommend polices and criteria regarding the management, protection, and promotion of public aquatic resources in Hawaii and may recommend amendments to existing department policies and procedures relating to aquatic resources, particularly regarding this chapter. (d) The aquatic resources management advisory commission shall: (1) Consult and advise the board on any matter affecting aquatic resources, including proposed rules and regulations; (2) Assist in the evaluation and development of aquatic resources management plans as appropriate or required, and any changes to those plans as necessary; (3) Assist in establishing criteria to be used in determining whether an area is suitable for aquatic resources production or enhancement; (4) Advise on studies of areas for sustainable yield aquatic resources production or enhancement; (5) Recommend to the board the areas that are suitable for aquatic resources production or enhancement; (6) Recommend policies and criteria regarding the management, protection, and permitted uses of areas that are used for aquatic resources production or enhancement; (7) Assist the department in developing ways and means to extend and strengthen aquatic resources and management areas, other designated fishing areas, and mixed-use areas within the State; (8) In carrying out its duties, consult the most comprehensive up-to-date compilation of scientific data; (9) Make recommendations relating to the process of fishing rules modification; (10) Collaborate with agencies and other persons who gather information and implement fishing programs and data; (11) Take testimony and acquire information as it desires and communicate its findings and recommendations to the board; and (12) Assist the department on policies, plans, and procedures related to the control of aquatic resources, including activities by the department and its contractors. (e) Any action taken by the aquatic resources management advisory commission shall be validated by a simple majority of its members. Five members shall constitute a quorum. (f) All meetings of the aquatic resources management advisory commission shall be conducted subject to chapter 92. (g) Except as otherwise provided in this chapter, the aquatic resources management advisory commission shall be subject to sections 26-34, 26-35, 26-35.5, and 26-36. (h) The department shall provide administrative support to the aquatic resources management advisory commission. Federal moneys and other moneys that become available to the department may be used to offset administrative costs incurred by the department for purposes of this section. (i) The aquatic resources management advisory commission shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2022, and each regular session thereafter, on its efforts to comply with this section, including a summary of its activities during the year preceding the regular session for which the report was prepared. (j) The aquatic resources management advisory commission may adopt rules pursuant to chapter 91 to implement this section." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
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51	51	"§187A- Aquatic resources management advisory commission. (a) There is established within the department an aquatic resources management advisory commission, which shall serve in an advisory capacity to the board. The aquatic resources management advisory commission shall consist of the following nine members:
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53	53	(1) One member from the county of Kauai;
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55	55	(2) Three members from the county of Maui, with one member from each of the islands of Maui, Lanai, and Molokai;
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57	57	(3) Two members from the county of Hawaii, with one member from east Hawaii and one member from west Hawaii;
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59	59	(4) One member from the city and county of Honolulu;
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61	61	(5) One at-large member; and
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63	63	(6) The chairperson of the board or the chairperson's designated representative who shall serve as an ex officio voting member;
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65	65	provided that each member, other than the chairperson of the board, shall be appointed by the governor in a manner provided in section 26-34, shall be an individual licensed in the State under this chapter, and shall have leadership experience in working directly with local fishing organizations; provided further that at least one member shall have knowledge, experience, and expertise in the area of native Hawaiian cultural practices; provided further that no more than three members shall represent, be employed by, or be under contract to any sector of government.
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67	67	(b) The aquatic resources management advisory commission shall elect a chairperson from among its members. The members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties, including traveling expenses while attending meetings and while in the discharge of their duties.
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69	69	(c) The aquatic resources management advisory commission may recommend polices and criteria regarding the management, protection, and promotion of public aquatic resources in Hawaii and may recommend amendments to existing department policies and procedures relating to aquatic resources, particularly regarding this chapter.
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71	71	(d) The aquatic resources management advisory commission shall:
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73	73	(1) Consult and advise the board on any matter affecting aquatic resources, including proposed rules and regulations;
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75	75	(2) Assist in the evaluation and development of aquatic resources management plans as appropriate or required, and any changes to those plans as necessary;
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77	77	(3) Assist in establishing criteria to be used in determining whether an area is suitable for aquatic resources production or enhancement;
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79	79	(4) Advise on studies of areas for sustainable yield aquatic resources production or enhancement;
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81	81	(5) Recommend to the board the areas that are suitable for aquatic resources production or enhancement;
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83	83	(6) Recommend policies and criteria regarding the management, protection, and permitted uses of areas that are used for aquatic resources production or enhancement;
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85	85	(7) Assist the department in developing ways and means to extend and strengthen aquatic resources and management areas, other designated fishing areas, and mixed-use areas within the State;
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87	87	(8) In carrying out its duties, consult the most comprehensive up-to-date compilation of scientific data;
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89	89	(9) Make recommendations relating to the process of fishing rules modification;
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91	91	(10) Collaborate with agencies and other persons who gather information and implement fishing programs and data;
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93	93	(11) Take testimony and acquire information as it desires and communicate its findings and recommendations to the board; and
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95	95	(12) Assist the department on policies, plans, and procedures related to the control of aquatic resources, including activities by the department and its contractors.
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97	97	(e) Any action taken by the aquatic resources management advisory commission shall be validated by a simple majority of its members. Five members shall constitute a quorum.
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99	99	(f) All meetings of the aquatic resources management advisory commission shall be conducted subject to chapter 92.
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101	101	(g) Except as otherwise provided in this chapter, the aquatic resources management advisory commission shall be subject to sections 26-34, 26-35, 26-35.5, and 26-36.
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103	103	(h) The department shall provide administrative support to the aquatic resources management advisory commission. Federal moneys and other moneys that become available to the department may be used to offset administrative costs incurred by the department for purposes of this section.
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105	105	(i) The aquatic resources management advisory commission shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2022, and each regular session thereafter, on its efforts to comply with this section, including a summary of its activities during the year preceding the regular session for which the report was prepared.
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107	107	(j) The aquatic resources management advisory commission may adopt rules pursuant to chapter 91 to implement this section."
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109	109	SECTION 2. New statutory material is underscored.
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111	111	SECTION 3. This Act shall take effect upon its approval.
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115	115	INTRODUCED BY: _____________________________
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117	117	INTRODUCED BY:
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125	125	Report Title: Aquatic Resources Management Advisory Commission; Establishment; Fishing Description: Establishes the aquatic resources management advisory commission in the department of land and natural resources. 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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131	131	Report Title:
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133	133	Aquatic Resources Management Advisory Commission; Establishment; Fishing
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137	137	Description:
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139	139	Establishes the aquatic resources management advisory commission in the department of land and natural resources.
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147	147	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.