RELATING TO MARINE LIFE CONSERVATION DISTRICTS.

SB2084

THE SENATE

S.B. NO.

2084

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to marine life conservation districts
.

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 marine life conservation districts (MLCDs) are established
by the department of land and natural resources, as authorized by chapter 190,
Hawaii Revised Statutes, to conserve and replenish the State's marine
resources.
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All MLCD designations are
subject to public hearings and final approval from the board of land and
natural resources and the governor.

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The legislature further finds that there
are currently eleven existing MLCDs in the State, with three on Oahu, three in
Maui county, and five on Hawaii island.
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The first MLCD was established in the State at Hanauma Bay in 1967,
which resulted in the adoption of a number of measures to restrict human access
in an attempt to protect marine life.
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According to carrying capacity studies conducted by the Hawaii Institute
of Marine Biology since 2018, a twice-weekly closure requirement, reservation
system, differential parking fees for residents and non-residents, $25 entry
fee for non-residents more than thirteen years of age, and mandatory education
for visitors, along with other restrictions, has resulted in a notable
improvement in the area's marine ecosystem.

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The legislature further finds that MLCDs
allow non-consumptive uses of the area, such as swimming, snorkeling, and
diving.
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Many local businesses, such as
surf schools and scuba operators, capitalize on the State's ocean resources,
including within MLCDs.
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However, as the
State progresses from the shutdowns associated with the COVID-19 pandemic into
pre-pandemic tourism levels, appropriate restrictions are necessary to reduce
impacts for the long term.

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The legislature further finds that Act 31,
Session Laws of Hawaii 2022, was passed to require the department of land and
natural resources to establish and conduct the P
upu
kea
marine life conservation district carrying capacity pilot program to identify
long-term management options to reduce the impact of humans on the health and
abundance of marine life in the sensitive areas of the P
upu
kea
MLCD.
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The legislature believes that Act
31, Session Laws of Hawaii 2022, is an excellent first step at addressing the
capacity limits of the State's most valuable marine resources and should serve
as a model for all MLCDs in the State.

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Accordingly, the purpose of this Act is to
require the department of land and natural resources to establish and conduct a
marine life conservation district carrying capacity program to assess the
carrying capacity of the districts and propose long-term management options to
protect the State's marine life conservation districts.

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SECTION 2.
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(a)
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The department of land and
natural resources shall establish and conduct a marine life conservation
district carrying capacity program to:

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(1)
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Assess
the carrying capacity of state-designated marine life conservation districts;

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(2)
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Assess
the impact of commercial use on state-designated marine life conservation
districts, with a focus on how many commercial use permits should be issued;

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(3)
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Monitor,
document, and assess the effectiveness of:

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(A)
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Mandatory
or voluntary kapu, or closures, of ecologically or culturally sensitive areas
in state-designated marine life conservation districts;

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(B)
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Mandatory
or voluntary restrictions on certain activities in state-designated marine life
conservation districts; and

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(C)
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Other
restrictions on access to areas in state-designated marine life conservation
districts, including the imposition of fees; and

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(4)
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Propose
long-term management options to reduce the impact of humans on the health and
abundance of marine life in the sensitive areas of state-designated marine life
conservation districts.

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(b)
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In establishing and conducting the marine life conservation district
carrying capacity program, the department of land and natural resources shall
consult with the counties; the university of Hawaii, including the Hawaii
institute of marine biology; and existing permit-holding commercial operators
in the State.

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(c)
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The department of land and natural resources shall amend its
administrative rules, as appropriate and in accordance with chapter 91, Hawaii
Revised Statutes, to effectuate the results of the marine life conservation
district carrying capacity program.

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(d)
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The department of land and natural resources shall submit a report of
its findings and recommendations, including any proposed legislation, to the
legislature no later than twenty days prior to the convening of the regular
sessions of
2027 and 2028.

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SECTION 3.
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There is appropriated out of the general revenues of the State of Hawaii
the sum of $ or so
much thereof as may be necessary for fiscal year 2026-2027 for the department
of land and natural resources to establish and conduct a marine life
conservation district carrying capacity program pursuant to this Act.

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The sum appropriated shall be expended by
the department of land and natural resources for the purposes of this Act.

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SECTION 4.
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This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

DLNR;
Marine Life Conservation Districts; Carrying Capacity Program; Administrative
Rules; Report; Appropriation

Description:

Requires
the Department of Land and Natural Resources to establish and conduct a Marine
Life Conservation District Carrying Capacity Program.
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Requires the Department of Land and Natural
Resources to submit a report to the Legislature and adopt administrative rules.

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Appropriates funds.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.