Hawaii 2024 Regular Session

Hawaii House Bill HB759 Compare Versions

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

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 759 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to commercial fishing. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 759
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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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 commercial fishing.
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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 department of land and natural resources is responsible for managing and administering the aquatic life resources of the State. The department utilizes a variety of management tools to ensure abundance while maintaining sustainable levels of take. Management tools such as size limits, bag limits, closed seasons, gear and method regulations, and place-based fishing restrictions are all important tools used by the department to achieve its mission to work with the people of Hawaii to manage, conserve, and restore the State's unique aquatic resources and ecosystems for present and future generations. The legislature also finds that commercial fishing is a vital contributor to the State's economy, provides valuable protein to the diets of the State's residents, and helps to increase the State's share of locally produced food. However, certain commercially harvested fishery resources have become depleted and can no longer sustain unlimited commercial harvest. Management tools such as daily bag limits can be used to prevent the decline in health and abundance of fish stocks across the State, but while reasonable daily bag limits could work well for noncommercial fisheries, they would effectively shut down commercial fishing for certain species. Simply exempting commercial fishers from daily bag limits is not a sustainable option unless other limitations on commercial harvest are also applied. The legislature further finds that other coastal jurisdictions across the United States have implemented limited entry commercial fishery programs as an effective management tool for heavily targeted fish species. Limited commercial entry is a management method in which an agency or governing body limits the number of participants or vessels participating in a certain fishery as a means of reducing commercial fishing pressure on a particular fish species or group of fish species while still allowing some commercial take. Hawaii longline commercial fishers currently participate in a limited commercial fishery program, but this program is administered at the federal level as participants are not allowed to fish in state waters. The legislature finds that authorizing the department of land and natural resources to establish limited entry systems for certain commercial fisheries will enable the department to strike a balance between allowing the continued commercial harvest of fishery resources and establishing reasonable harvest limits to ensure sustainable fishing. The purpose of this Act is to authorize the department of land and natural resources to establish limited entry commercial fisheries where appropriate or necessary to ensure certain commercial fisheries throughout the State remain healthy and sustainable while balancing the important economic role of commercial fisheries in the State. SECTION 2. Section 189-2, Hawaii Revised Statutes, is amended to read as follows: "§189-2 Commercial marine license [and] commercial marine vessel license[.]; limited entry commercial fisheries (a) No person shall take marine life for commercial purposes whether the marine life is caught or taken within or outside of the State, without first obtaining a commercial marine license as provided in this section; provided that a single valid commercial marine vessel license shall satisfy the commercial marine license requirement for all persons taking marine life for commercial purposes aboard a validly-licensed vessel. If a Hawaii longline vessel satisfies the commercial marine license requirement by obtaining a single commercial marine vessel license, the commercial marine vessel licensee shall file an annual report with the department that contains the following information: identity, nationality, arrival date, and departure date of the crew members. (b) Any person providing charter services in the State for the taking of marine life in or outside of the State shall obtain a commercial marine license. (c) Any vessel used for or engaged in the taking of marine life for commercial purposes shall be eligible to obtain a commercial marine vessel license. (d) The department may establish limited entry commercial fisheries when appropriate or necessary to ensure sustainable fisheries. [(d)] (e) The department may adopt rules pursuant to chapter 91 necessary for the purpose of this section and to set fees for commercial marine and commercial marine vessel licenses. [(e)] (f) The fees for commercial marine and commercial marine vessel licenses and duplicate commercial marine and commercial marine vessel licenses shall be established by the department by rules adopted in accordance with chapter 91. [(f)] (g) The department shall suspend, shall refuse to renew, reinstate, or restore, or shall deny any license issued under this section if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, reinstate, or restore an affected license only upon receipt of authorization from the child support enforcement agency, the office of child support hearings, or the family court." SECTION 3. Statutory material to be repealed is bracketed and stricken. 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 department of land and natural resources is responsible for managing and administering the aquatic life resources of the State. The department utilizes a variety of management tools to ensure abundance while maintaining sustainable levels of take. Management tools such as size limits, bag limits, closed seasons, gear and method regulations, and place-based fishing restrictions are all important tools used by the department to achieve its mission to work with the people of Hawaii to manage, conserve, and restore the State's unique aquatic resources and ecosystems for present and future generations.
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51	51	The legislature also finds that commercial fishing is a vital contributor to the State's economy, provides valuable protein to the diets of the State's residents, and helps to increase the State's share of locally produced food. However, certain commercially harvested fishery resources have become depleted and can no longer sustain unlimited commercial harvest. Management tools such as daily bag limits can be used to prevent the decline in health and abundance of fish stocks across the State, but while reasonable daily bag limits could work well for noncommercial fisheries, they would effectively shut down commercial fishing for certain species. Simply exempting commercial fishers from daily bag limits is not a sustainable option unless other limitations on commercial harvest are also applied.
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53	53	The legislature further finds that other coastal jurisdictions across the United States have implemented limited entry commercial fishery programs as an effective management tool for heavily targeted fish species. Limited commercial entry is a management method in which an agency or governing body limits the number of participants or vessels participating in a certain fishery as a means of reducing commercial fishing pressure on a particular fish species or group of fish species while still allowing some commercial take. Hawaii longline commercial fishers currently participate in a limited commercial fishery program, but this program is administered at the federal level as participants are not allowed to fish in state waters.
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55	55	The legislature finds that authorizing the department of land and natural resources to establish limited entry systems for certain commercial fisheries will enable the department to strike a balance between allowing the continued commercial harvest of fishery resources and establishing reasonable harvest limits to ensure sustainable fishing.
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57	57	The purpose of this Act is to authorize the department of land and natural resources to establish limited entry commercial fisheries where appropriate or necessary to ensure certain commercial fisheries throughout the State remain healthy and sustainable while balancing the important economic role of commercial fisheries in the State.
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59	59	SECTION 2. Section 189-2, Hawaii Revised Statutes, is amended to read as follows:
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61	61	"§189-2 Commercial marine license [and] commercial marine vessel license[.]; limited entry commercial fisheries (a) No person shall take marine life for commercial purposes whether the marine life is caught or taken within or outside of the State, without first obtaining a commercial marine license as provided in this section; provided that a single valid commercial marine vessel license shall satisfy the commercial marine license requirement for all persons taking marine life for commercial purposes aboard a validly-licensed vessel. If a Hawaii longline vessel satisfies the commercial marine license requirement by obtaining a single commercial marine vessel license, the commercial marine vessel licensee shall file an annual report with the department that contains the following information: identity, nationality, arrival date, and departure date of the crew members.
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63	63	(b) Any person providing charter services in the State for the taking of marine life in or outside of the State shall obtain a commercial marine license.
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65	65	(c) Any vessel used for or engaged in the taking of marine life for commercial purposes shall be eligible to obtain a commercial marine vessel license.
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67	67	(d) The department may establish limited entry commercial fisheries when appropriate or necessary to ensure sustainable fisheries.
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69	69	[(d)] (e) The department may adopt rules pursuant to chapter 91 necessary for the purpose of this section and to set fees for commercial marine and commercial marine vessel licenses.
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71	71	[(e)] (f) The fees for commercial marine and commercial marine vessel licenses and duplicate commercial marine and commercial marine vessel licenses shall be established by the department by rules adopted in accordance with chapter 91.
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73	73	[(f)] (g) The department shall suspend, shall refuse to renew, reinstate, or restore, or shall deny any license issued under this section if the department has received certification from the child support enforcement agency pursuant to section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. The department shall issue, renew, reinstate, or restore an affected license only upon receipt of authorization from the child support enforcement agency, the office of child support hearings, or the family court."
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75	75	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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77	77	SECTION 4. This Act shall take effect upon its approval.
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81	81	INTRODUCED BY: _____________________________
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83	83	INTRODUCED BY:
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87	87	Report Title: Commercial Fishing; Limited Entry Commercial Fisheries; Department of Land and Natural Resources Description: Authorizes the department of land and natural resources to establish limited entry commercial fisheries where appropriate or necessary to ensure certain commercial fisheries throughout the State remain healthy and sustainable while balancing the important economic role of commercial fisheries in the State. 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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91	91	Report Title:
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93	93	Commercial Fishing; Limited Entry Commercial Fisheries; Department of Land and Natural Resources
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97	97	Description:
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99	99	Authorizes the department of land and natural resources to establish limited entry commercial fisheries where appropriate or necessary to ensure certain commercial fisheries throughout the State remain healthy and sustainable while balancing the important economic role of commercial fisheries in the State.
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107	107	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.