[§187A-5.5]  Consistency of state and
federal fisheries regulations.  (a)  The department shall adopt
administrative rules pursuant to chapter 91 for fisheries located in both state
and federal waters, that are equivalent to and consistent with federal fisheries
regulations for the same waters, to create uniform, complementary, and
comprehensive management measures to improve efficiencies in management and
effectiveness of enforcement, under the following conditions:



(1)  A federal agency with responsibility for the
management of fisheries in federal marine waters around the Hawaiian Islands
has:



(A)  Declared that a fishery is in a state of
overfishing, is overfished, or is in some other state of unsustainability; and



(B)  Promulgated or amended federal fisheries
regulations to correct the decline in the fishery; and



(2)  The fishery occurs in both state and federal
marine waters.



(b)  The board shall annually establish a
fishing season, a total fishing quota, or individual fishing quotas, or adopt
rules pursuant to chapter 91 relating to bag, size, and gear limits, consistent
with federal fisheries regulations that are adopted or declared by the federal
government to prevent overfishing and with similar state rules adopted under
subsection (a).



(c)  If the federal fisheries agency declares a
fishery to be sustainable and amends or repeals its regulations accordingly,
the department shall amend or repeal any rules for that fishery adopted under
subsection (a).



(d)  Nothing contained in this section shall be
construed to prohibit any person from exercising native Hawaiian gathering
rights or traditional cultural practices authorized by law or  permitted by the
department pursuant to article XII, section 7, of the Hawaii constitution.



(e)  This section shall not apply to the Papahanaumokuakea Marine National Monument.



(f)  As used in this section, unless the
context clearly indicates otherwise:



"Declared" or
"declares" means a public announcement made by a federal agency with
the responsibility for the management of fisheries in federal marine waters
around the Hawaiian Islands pursuant to the provisions of the Magnuson-Stevens
Fishery Conservation and Management Act (P.L. 94-265), as amended by the
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of
2006 (P.L. 109-479), that a fishery in state marine waters is in a state of
overfishing, overfished, or in some other state of unsustainability.



"Federal fisheries regulations" means
regulations relating to the management of marine fisheries adopted by federal
agencies such as the National Marine Fisheries Service or the United States
Department of Commerce, and codified in the Code of Federal Regulations.



"Federal marine waters" means the
Exclusive Economic Zone established by Presidential Proclamation 5030, 3 Code
of Federal Regulations 22, dated March 10, 1983, and is that area adjacent to
the United States which, except where modified to accommodate international
boundaries, encompasses all waters from a baseline starting at the seaward
boundary of state territorial seas extending seaward two hundred nautical
miles.



"Fishery" or
"fisheries" means one or more stocks of marine resources other than
marine mammals and birds that can be treated as a unit for purposes of
conservation and management and that are identified on the basis of
geographical, scientific, technical, recreational, and economic
characteristics; and any fishing for such stocks.



"Overfishing" or "overfished" means
a rate or level of fishing mortality that jeopardizes the capacity of a fishery
to produce the maximum sustainable yield on a continuing basis. [L 2008, c 112,
§1]