1/26/23 – Virtual Talk Story session discussed proposed legislation
DAR hosted a virtual Holoholo Talk Story session Thursday January 26 to discuss proposed Legislation for 2023 relevant to DAR. The following bills were highlighted.
Clarification and expansion of DLNR rulemaking authority (HB760,SB1033)
- Clarifies or expands DLNR’s rulemaking authority to include any rule deemed necessary to protect certain aquatic life;
- Expands the BLNR’s authority to temporarily adopt, amend, or repeal certain rules by formal action at a publicly noticed meeting if the board finds that such adoption, amendment, or repeal is necessary to implement effective and adaptive management measures in response to new or previously benign aquatic nuisance species, in light of newly available technology, or in light of newly available data;
- Creates new fines for violations of rules pertaining to the department’s prevention of or response to previously benign aquatic nuisance species; and
- Authorizes DLNR to prevent or respond to threats from aquatic nuisance species from all discharges incidental to the normal operation of certain vessels, not just ballast water and hull fouling, pursuant to HRS 187A-32.
Commercial Aquarium Harvesting (HB910,SB505)
Prohibits the harvesting of aquatic life for commercial aquarium purposes, regardless of the method of collection.
Aquarium fishing fine increase (SB771)
Establishes a criminal penalty and monetary fines for aquarium fishing violations. Clarifies that each fish or aquatic life specimen taken in violation of certain fishing laws regarding aquarium fish and the possession and use of prohibited explosives, electrofishing devices, and poisonous substances constitutes a separate offense.
Sport Fish Restoration Program Audit (SB98)
Requires the Auditor to audit DLNR-DAR’s expenditures of funds received from the federal Wildlife and Sport Fish Restoration program. Requires a report to the Legislature.
Community-Based Subsistence Fishing Area (CBSFA) Designations (SB92)
Establishes a time limitation for CBSFA designations; provided that DLNR may consider extending a designation in the year prior to the designation’s expiration unless the designation is made through statute before its expiration.
Coral Reef Restoration and Habitat Enhancement (HB761)
Appropriates funds for coral reef restoration and habitat enhancement efforts of the department of land and natural resources.
Fisher Harassment (HB1482,SB66,SB1069)
Prohibits purposeful harassment with the intent to prevent the taking of fish from persons who are fishing in state waters.
Appropriates funds to support DLNR in restoring and restocking fishponds.
Limited Entry Commercial Fisheries (HB759,SB1264)
Authorizes DLNR 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.
Designates Limu Kala (Sargassum echinocarpum) as the official Hawaiʻi state limu.
Limu Research (HB1405)
Requires the commission on water resource management (CWRM) and DAR, in partnership with the University of Hawaii, to conduct research on limu to understand the impacts of groundwater use on groundwater-dependent ecosystems. Requires report to legislature. Appropriates funds.
Marine Management Areas (SB89)
Requires DLNR to comply with chapter 91, Hawaiʻi Revised Statutes, when designating marine management areas.
Special Activity Permits for Traditional and Customary Native Hawaiian Practices (HB758,SB1036)
Authorizes DLNR to issue special activity permits for the purpose of recognizing and protecting individuals exercising their Native Hawaiian traditional and customary rights.
Seafood Labeling (HB204,SB1029)
Prohibits the sale of farm raised fish and wild fish and shellfish without a label stating where the seafood was landed.
Seafood Sustainability
Requires the Department of Agriculture, in coordination with the Office of Planning and Sustainable Development, to prepare and periodically update the State Agriculture Functional Plan to include other agricultural economic updates, including seafood sustainability, that expand the State’s priority on food by including wild seafood as a viable food source. Requires the governor to submit the plan to the legislature prior to the Regular Session of 2025. (SB86)
Establishes the sustainable food systems working group within the department of agriculture. Requires the working group to submit a plan, any recommendations for implementing the plan, and any proposed legislation to the legislature. Appropriates funds to establish the working group and develop the plan and for an unspecified number of sustainability specialist positions to be employed by the department of agriculture. Working group includes “a representative of the Hawaii Fishermen’s Alliance for Conservation and Tradition (HFACT), to be selected by the president of the HFACT;” and “a representative of the commercial fishing sector of the State, to be selected by the DAR administrator.” (SB420)
Uhu (SB994)
Prohibits all removal of uhu, also known as parrotfish, from state waters.
Near Shore Water Quality Monitoring Program (SB417)
Establishes a Hawaiʻi Near Shore Waters Quality Program to monitor and test for the quality of waters near coral reefs to assess and ensure health of reef ecosystems. Appropriates funds.