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HB2599
HOUSE OF REPRESENTATIVES
H.B. NO.
2599
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to AQUATIC PROTECTION
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that coral
reefs provide extremely valuable goods and services for the State and its
residents, including coastal protection from erosion due to increasing sea
levels and larger ocean swells as the ocean warms; sand production that
replenishes beaches; and fisheries, recreation, tourism, and spiritual
connection.
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Many reefs around the island
of Oahu are widely known to be among the most degraded in Hawaii.
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This situation is due to poor historical
agricultural and development land use practices, unchecked ungulate populations
that lead to erosion and sedimentation, and run-off of excess nutrients from sewage
and fertilizers.
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Furthermore, increasing
ocean warming is now causing more frequent and severe coral bleaching events
that kill corals and are predicted to be annual events by about 2040.
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Ocean acidification and other pollutants also
adversely affect corals.
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All of these factors,
coupled with heavy fishing pressure and recreational overcrowding on the island
of Oahu, contribute to degraded reefs and lower numbers of herbivorous fishes
to keep coral-reef degradation in check.
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The
legislature further finds that immediate action is needed to protect and
restore coral reefs around the State and especially around the island of Oahu.
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Therefore,
the purpose of this Act is to:
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(1)
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Require the division of aquatic resources of
the department of land and natural resources to manage the aquatic life and
aquatic resources of the State, giving the highest priority to protecting,
restoring, and maintaining ecosystem integrity and using the best scientific
data available; and
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(2)
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Require the division of aquatic resources of
the department of land and natural resources to set goals to substantially
improve coral-reef resilience around Oahu and develop a framework to meet those
goals with annual reports to the legislature.
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SECTION
2
.
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Section 187A-2, Hawaii Revised Statutes, is
amended to read as follows:
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"
�187A-2
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Powers and duties of department.
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The department shall:
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(1)
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Manage
and administer the aquatic life and aquatic resources of the State[
;
]
,
with the highest priority given to protecting, restoring, and maintaining
ecosystem integrity, including by collaborating with other relevant agencies to
restore and maintain good condition of the water that encompasses these
ecosystems;
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(2)
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Establish
and maintain aquatic life propagating station or stations;
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(3)
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Establish,
manage, and regulate public fishing areas, artificial reefs, fish aggregating
devices, marine life conservation districts, shoreline fishery management
areas, refuges, and other areas pursuant to title 12;
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(4)
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Subject
to this title, import aquatic life for the purpose of propagating and
disseminating the same in the State and the waters subject to its jurisdiction;
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(5)
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Distribute,
free of charge, as the department deems to be in the public interest, aquatic
life, for the purpose of increasing the food supply of the State; provided that
when, in the discretion of the department, the public interest shall not be
materially interfered with by so doing, the department may propagate and
furnish aquatic life to private parties, upon such reasonable terms,
conditions, and prices determined by the department;
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(6)
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[
Gather
]
Use the best available science to gather
and compile information and
statistics concerning the habitat and character of, and increase and decrease
in, aquatic resources in the State, including the care and propagation of
aquatic resources for protective, productive, and aesthetic purposes, and other
useful information, which the department deems proper;
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(7)
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Enforce
all laws relating to the protecting, taking, killing, propagating, or
increasing of aquatic life within the State and the waters subject to its
jurisdiction; and
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(8)
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Formulate
and from time to time recommend to the governor and legislature such additional
legislation necessary or desirable to implement the objectives of title 12.
"
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SECTION
3.
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(a)
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No later than July 1, 2027, the division of aquatic resources of the
department of land and natural resources shall:
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(1)
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Publish goals to significantly increase coral-reef
resilience around the island of Oahu by December 31, 2030; and
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(2)
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Create a framework for meeting these goals and
the qualitative measurement of progress each year by using the best available
science.
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The framework shall include but
not be limited to the following criteria:
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(A)
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Water
quality and quantity;
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(B)
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Herbivore
biomass;
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(C)
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Fisheries
management;
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(D)
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Enforcement;
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(E)
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Coral restoration; and
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(F)
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Recreational-use impacts.
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(b)
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Prior to adopting the framework required by subsection
(a)(2),
the division of aquatic resources of the
department of land and natural resources
shall coordinate with other
relevant management agencies in the State and hold at least one public hearing on
Oahu regarding the framework.
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(c)
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The division of aquatic resources of the
department of land and natural resources may adopt temporary administrative
rules related to the framework required by subsection (a)(2), with the approval
of the board of land and natural resources and without regard to chapter 91 and
chapter 201M, Hawaii Revised Statutes; provided that the temporary administrative
rules shall be repealed by December 31, 2030, unless the division of aquatic
resources of the department of land and natural resources adopts the rules
pursuant to the regular rulemaking process.
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(d)
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No later than December 1, 2026; December 1,
2027; December 1, 2028; and December 1, 2029, the division of aquatic resources
of the department of land and natural resources shall submit to the legislature
a report regarding the implementation of this section.
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Each annual
report shall include any recommendations for additional funding, additional positions,
or proposed legislation.
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SECTION
4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DLNR;
Division of Aquatic Resources; Aquatic Life; Herbivores; Coral-reef Resilience;
Reports
Description:
Requires the Division of Aquatic Resources of the
Department of Land and Natural Resources to manage the aquatic life and aquatic
resources of the State with the highest priority given to protecting, restoring,
and maintaining ecosystem integrity and use the best scientific data available.
�
Requires the Division of Aquatic Resources of
the Department of Land and Natural Resources to set goals to substantially
increase coral-reef resilience around Oahu and develop a framework to meet
those goals, with annual reports to the Legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.