Among the measures passed by the 2008 Legislature are ones to increase fines for violations of the Department of Land and Natural Resources\u2019 land use regulations and to beef up the Department of Agriculture\u2019s powers to control noxious plants.<\/p>\n
By press time, just one of the measures \u2013 HB2517<\/b> \u2013 had been signed into law by Governor Lingle. This measure lets the DOA ban the sale, and not just the importation, of plants that are on the department\u2019s restricted list. Other measures affecting the DOA include HB2843<\/b>, which expands the list of freight subject to inspection and bases the inspection fees on the weight of the shipment; and HB2977,<\/b> requiring agencies to coordinate in efforts to control the noisy coqui frog.<\/p>\n
Far and away the most important measure addressing invasives is SB2850,<\/b> which calls on the DOA to establish a biosecurity program, addressing not only imports from out of state, but also shipments between islands. Among other things, the DOA is to work with other agencies and commodity exporters from other states and countries to \u201cestablish pre-entry inspection programs\u201d for cargo coming into the state. Such a program is already in place for the shipment of Christmas trees from selected mainland states; this measure would vastly expand that model.<\/p>\n
In addition, the DOA is to develop port facilities where inspections can be done by all government agencies in a safe, secure, and \u201cexpeditious\u201d manner. Not least, it is to \u201cpromote the production of agricultural commodities in the state to reduce cargo shipments of imported commodities.\u201d<\/p>\n
To get the DOA started, the Legislature appropriated $250,000 in general revenues and $6 million from the state\u2019s pest inspection, quarantine, and eradication special fund.<\/p>\n
Three measures increase penalties for people violating DLNR rules. HB3177<\/b> increases fines for violations of Conservation District rules to a maximum of $15,000 a day (up from the present $2,000 a day) and allows additional fines based on the value (including market value) of the natural resources harmed by the violator as well as the cost of restoration. HB3178<\/b> doubles the daily maximum fine for encroachments on state-owned land, to $1,000 from $500. It also increases the fine schedule for repeat violators and allows for recovery of administrative costs and damages. For people found to have engaged in activities prohibited on state land, there\u2019s a 10-fold increase in fines for first offenses \u2013 from $500 to $5,000, plus $1,000 a day so long as the violation persists. Fines for second violations within a five-year period of the first are double that, while fines for third violations are trebled. In addition, the measure allows for recovery of damages to resources (at market value) and costs of restoration as well as administrative costs. Both bills have exemptions for people exercising lawful native Hawaiian gathering rights.<\/p>\n
While fines for civil penalties are increased in HB3177 and HB3178, SB1891<\/b> allows violators of Chapter 171, dealing with public lands, to be subject to criminal petty misdemeanor charges as well, carrying fines of $500 on first conviction, imprisonment of 30 days, or both.<\/p>\n
Fishing Regulations<\/b><\/i><\/p>\n
Two measures address the problems that have arisen as a result of federal efforts to restrict catches of bottomfish. Both HB3174<\/b> and HB3175<\/b> seek to make state fishing regulations consistent with federal law. The former requires the DLNR to amend its rules to reflect federal regulations whenever a federal agency has found a fishery that includes both federal and state waters to be overfished or subject to overfishing. HB3175<\/b> allows the department to require fishers to submit catch reports for each trip, rather than on a monthly basis, making it possible for total annual catch limits to be imposed.<\/p>\n
Koke`e Negotiations<\/b><\/i><\/p>\n
Over the last two years, the Board of Land and Natural Resources has struggled to figure out a way to deal with the expiration of leases for cabins at Koke`e, Kaua`i. Now the Legislature has weighed in on the contentious subject, with HB2872.<\/b> It would require the Land Board to negotiate directly with the Koke`e lessees for lease renewals. The term of any new lease would be limited to 20 years, with rents to be set at market rates. Negotiations have to be concluded within four months of the effective date of the legislation (July 1, 2008, provided the measure is not vetoed).<\/p>\n
— Patricia Tummons<\/p>\n
Volume 18, Number 12 June 2008<\/p>\n","protected":false},"excerpt":{"rendered":"
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