RELATING TO CONSERVATION.

SB2944

THE SENATE

S.B. NO.

2944

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO CONSERVATION
.

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 Hawaii's beaches are essential habitats for native
marine wildlife, including Hawaiian green sea turtles and Hawaiian monk seals,
which routinely bask, rest, recover, and give birth on the State's shores.
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The former lay their eggs in, and the latter
give birth and nurse their pups on, the sandy beaches.
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The legislature believes that responsible
wildlife viewing practices must protect these animals, support public safety,
and remain consistent with the cultural and environmental values of the State.

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However, the legislature recognizes that,
despite clear viewing guidance that has been made available to the public,
incidents continue to occur in which individuals approach, crowd, touch, or
otherwise disturb resting wildlife.
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This
disruptive behavior has been amplified by social media and has, at times, drawn
large crowds to popular viewing areas.
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The
legislature is aware that these incidents can create conflicts between members
of the public who are attempting to protect wildlife and others who insist on interacting
with the wildlife for photographs and online content, including sensationalized
conduct for pecuniary gain.

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The legislature is also aware that federal
protections and federal viewing guidance exist for certain marine species.
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However, effective deterrence depends on a
timely, on-scene response and reliable reporting.
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Investigations and enforcement may be
hindered when incidents are not directly witnessed or promptly reported and
instead surface only after the recordings are posted online.
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The legislature therefore finds that implementing
clear and enforceable State rules that compliment federal protections will
improve compliance, provide accountability, raise public awareness, and reduce
conflicts among members of the public.

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The legislature concludes that it is
essential for the State to enable state and county enforcement personnel to
take appropriate actions and to provide greater protections for Hawaii's native
marine wildlife.

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Accordingly, the purpose of this Act is to:

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(1)
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Require
the board of land and natural resources to adopt rules implementing wildlife
viewing guidelines that substantially conform to the wildlife viewing
guidelines issued by the National Oceanic and Atmospheric Administration; and

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(2)
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Specify
that violations of the rules will be subject to the penalties imposed under
section 195D-9, Hawaii Revised Statutes.

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SECTION 2.
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Chapter 195D, Hawaii Revised Statutes, is amended by adding a new
section to be appropriately designated and to read as follows:

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"
�195D-
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Viewing guidelines; wildlife; rules.
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(a)
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The board shall adopt rules, pursuant to
chapter 91, to implement wildlife viewing guidelines that substantially conform
to the wildlife viewing guidelines issued by the National Oceanic and
Atmospheric Administration.

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(b)
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Any violations of rules adopted by the board pursuant to this section
shall be subject to the penalties imposed by section 195D-9.
"

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SECTION 3.
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The board of land and natural resources shall submit annual reports to
the legislature, no later than twenty days prior to each regular session, beginning
with the regular session of 2027, on the status of the adoption of the rules
required by section 1 of this Act, until the rules are adopted.
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The final annual report shall include an
accurate copy of the adopted rules.

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SECTION 4.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 5.
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New statutory material is underscored.

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SECTION 6.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

BLNR;
Conservation; Environment; Wildlife; Viewing; Rules; Legislature; Reports

Description:

Requires
the Board of Land and Natural Resources to adopt rules that implement wildlife
viewing guidelines that substantially conform to the wildlife viewing
guidelines issued by the National Oceanic and Atmospheric Administration
(NOAA).
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Requires annual reports to the
Legislature until rules are adopted.

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