On Tuesday, Gov. David Ige marked World Oceans Day by signing into law nine bills that could have far-reaching effects on how the state manages its beleaguered natural resources.
The laws would raise money to support the state’s marine management efforts. Perhaps more significantly, some measures would give the perpetually undergunned state Department of Land and Natural Resources (DLNR) more firepower.
“The state Legislature really moved the needle forward,” said DLNR chairperson Suzanne Case.
Indeed.
House Bill 1022 gives DLNR enforcement officers administrative authority to detain briefly a person they “reasonably” believe may have been hunting or fishing, and inspect the license and fish or game in the person’s possession. Previously, officers needed probable cause to believe that a law was broken — a stricter criminal standard that made it more difficult to catch violations.
Also, HB 1020 provides an alternative process for DLNR to more quickly adopt, amend and repeal natural resource rules if rapidly changing conditions, such as a coral bleaching event, demand it. The changes would be good for two years.
Other laws would give DLNR more management control of certain crustaceans (HB 1017), establish a permit system to better regulate the use of lay nets (HB 1018), and require nonresidents to get a license for recreational fishing (HB 1023). The latter could lead to similar license requirements for Hawaii residents.
Among the other bills signed by Ige on Tuesday:
>> Commercial marine licenses: House Bill 1016 allows a single valid commercial marine vessel license to cover everyone aboard the vessel. Among other things, the bill is intended to remove a logistical and financial burden on small-scale commercial fishing operations.
>> Ocean stewardship fund: HB 1019 creates a user fee requiring operators of commercial vessels that carry passengers, like dive operations and whale-watching charters, to collect a $1 fee per customer served or passenger carried.
>> Special motor vehicle license plates: Senate Bill 772 authorizes license plates that commemorate the importance of environmental conservation, with higher fees that would support conservation of natural resources.
>> Protecting sharks: HB 553 prohibits the intentional or knowing capture, entanglement or killing of any shark in Hawaii’s marine waters.
None of these measures can guarantee adequate protection of the state’s fragile and often remote natural resources, especially against determined rule-breakers. And HB 1022 and 1020 could raise questions about Fourth Amendment rights and the Sunshine Law. But if they change the status quo, that would be a worthwhile improvement.
