SB2852 SD2—Aquatic Resource Violations Description: Provides for transformative administrative penalty alternatives and an enhanced collection mechanism for outstanding fines and penalties resulting from aquatic resource violation—has cleared the Senate and has been referred to the House on 3/8/2012 (Referred to WLO, JUD, FIN, referral sheet 41). No hearings as have yet been scheduled. UNFORTUNATELY, this bill has been referred to three committees and will likely die if it is not heard on Monday, March 12 since it will otherwise not make the first hearing deadline. Please write to all the representatives and senators ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it and This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) as quickly as possible asking for their support in keeping this bill alive.

HB2820 HD3—Directs Department of Land and Natural Resources to establish the East Honolulu fishpond heritage area. Provides state lease preferences for the reconstruction, restoration, repair, or use of Hawaiian and kanaka maoli fishponds. Creates a preference for the use of traditional names of Hawaiian fishponds. Effective July 1, 2012. (HB2820 HD3)—has cleared the House and has been referred to the Senate on 8 March 2012. It has passed first reading and has been referred to WLH/HWN, WAM. The WLH and HWN committees have scheduled a public hearing on 03-12-12 2:55PM in conference room 224. Please provide your support by submitting public testimony (see link at bottom of public hearing notice) or by speaking at the meeting.

SB2852 (similar to HB2590) improves upon resolving outstanding aquatic resource violations, and it provides community service as an alternative to criminal prosecution (which is often ultimately ineffective). Why bother? For one, poachers are removing precious marine life illegally, with only very small fines as deterrents. The incentives in SB2852 to follow the law include community service hours and the loss of driving privileges, neither of which can be bought off by simply paying a fine. It has passed the initial committees, with the Senate Committee on Ways and Means (WAM) holding a public decision-making meeting on 02-28-12, 9 a.m., in conference room 211. Please submit testimony, at least 24 hours in advance of the meeting, showing your support for this bill. Instructions on how to submit testimony are included at the bottom of the hearing notice. No public testimony will be accepted at the meeting.

Some good news for protection of fish and other aquatic resources! SB 2852, RELATING TO AQUATIC RESOURCE VIOLATIONS, would provide the Department of Land and Natural Resources (DLNR) with new tools for enforcing its laws and rules protecting aquatic resources. This bill, and the companion House bill HB 2590, is broadly supported by the conservation community. So far the Legislature is responding positively. On February 14, the Senate Committee on Water, Land, and the Senate Committee on Housing and Judiciary and Labor passed an amended version of SB 2852 (SB 2852 SD1) and referred it to the Senate Ways and Means Committee (WAM). On February 17, the House Judiciary Committee passed (HB 2590 HD2) and referred it to the House FIN Committee. As of February 18, neither the FIN nor the WAM has scheduled a hearing on their version of the legislation.

The Department of Land and Natural Resources is chronically underfunded for carrying out its duties, including those related to marine conservation. HB 2367 would have helped fill the funding gap by establishing a special fund for the state’s Marine Life Conservation Program, to receive funds, including user fees, from public or private sources. Conservation groups supported the measure, and commercial tour operators opposed it. On February 13, the House Water, Lands, and Ocean Resources and the Committee on Hawaiian Affairs voted to defer (kill) the bill. On February 14, a companion bill (SB 2664) died in the Senate Committee on Water, Lands and Housing.