RELATING TO MARINE LIFE CONSERVATION DISTRICTS.

SB2975

THE SENATE

S.B. NO.

2975

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.
�
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 by restricting human impacts.
�
The first MLCD was established in the State
at Hanauma bay in 1967, and there are currently eleven MLCDs in the State, with
three on Oahu, three in Maui county, and five in Hawaii county.

����
The
legislature further finds that the number of visitors to certain MLCDs,
primarily non-residents, has increased substantially, causing a range of
adverse impacts that challenge the original purpose of these protected areas
and degrade residential use and enjoyment of them.
�
A carrying capacity program established for
the Pupukea MLCD by Act 31, Session Laws of Hawaii 2022, found significant
adverse impacts to marine life in areas of the MLCD that were especially
popular with tourists and recommended seasonal, day, time, and area closures to
mitigate their impact.
�
According to
carrying capacity studies conducted by the Hawaii institute of marine biology
for the Hanauma bay MLCD since 2018, a twice-weekly closure, a reservation
system, differential parking fees for residents and non-residents, a $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 bay's marine ecosystem.

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The
legislature further finds, however, that the restrictions for accessing the Hanauma
bay MLCD were due to local government policy that restricted access through the
beach park adjacent to the MLCD, and not due to the state authority to manage
MLCDs.
�
While the department of land and
natural resources has the authority under chapter 190, Hawaii Revised Statutes,
to establish and modify MLCDs, to adopt rules governing the taking of marine
life, and to issue permits and regulate boating, the department does not have
authority to partially or fully close MLCDs.
�

The legislature believes that closure authority is urgently necessary to
prevent or mitigate adverse human impacts to the MLCDs; address other safety
issues, like dangerous surf or hazardous areas within a MLCD; and reduce the
reliance on restricted access to lands adjacent to MLCDs that may not be under
state or even county jurisdiction.

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Accordingly,
the purpose of this Act is to reduce immediate and long-term adverse impacts of
increased visitation to MLCDs by authorizing the department of land and natural
resources to close all or portions of MLCDs and to adopt rules for the regulation
of any commercial activity conducted within an MLCD.

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SECTION
2
.
�
Section 190-2, Hawaii Revised Statutes, is
amended to read as follows:

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"
�190-2
�
Establishment and
modifications of conservation [
district.
] districts
; closure
authority.
�
(a)

�
The department of land and natural resources
may establish and from time to time modify the limits of one or more
conservation districts in each county and may, if it deems necessary, declare
all waters within any county a conservation district.

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(b)
�

The department of land and natural resources or its authorized
representative may close all or portions of a marine life conservation district
established pursuant to subsection (a).
�

The closure may be a seasonal, day, or time-based closure.
�
Any closure of a marine life conservation
district shall be declared conspicuously to the public through the posting of
appropriate signs that indicate the extent and scope of the closure.
"

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SECTION
3
.
�
Section 190-4.5, Hawaii Revised Statutes, is
amended by amending its title and subsection (a) to read as follows:

����
"
�190-4.5
�
Anchoring, boating,
commercial activity,

and mooring in marine life conservation districts; rules.
�
(a)
�

The department shall, pursuant to chapter 91, adopt rules for the
regulation of anchoring [
and
]
,
mooring
, and commercial
activity
in each marine life conservation district established under this
chapter."

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SECTION 4.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

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SECTION 5.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DLNR;
Marine Life Conservation Districts; Closure Authority; Commercial Activity;
Rules

Description:

Authorizes
the Department of Land and Natural Resources to close all or portions of any
marine life conservation district for various periods of time and to adopt
rules for the regulation of commercial activity within a marine life
conservation district.

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