[§188-22.6]  Designation of community
based subsistence fishing area.  (a)  The department of land and natural
resources may designate community based subsistence fishing areas and carry out
fishery management strategies for such areas, through administrative rules
adopted pursuant to chapter 91, for the purpose of reaffirming and protecting
fishing practices customarily and traditionally exercised for purposes of
native Hawaiian subsistence, culture, and religion.



(b)  Proposals may be submitted to the department
of land and natural resources for the department's consideration.  The proposal
shall include:



(1)  The name of the organization or group submitting
the proposal;



(2)  The charter of the organization or group;



(3)  A list of the members of the organization or
group;



(4)  A description of the location and boundaries of
the marine waters and submerged lands proposed for designation;



(5)  Justification for the proposed designation
including the extent to which the proposed activities in the fishing area may
interfere with the use of the marine waters for navigation, fishing, and public
recreation; and



(6)  A management plan containing a description of the
specific activities to be conducted in the fishing area, evaluation and
monitoring processes, methods of funding and enforcement, and other information
necessary to advance the proposal.



Proposals shall meet community based subsistence
needs and judicious fishery conservation and management practices.



(c)  For the purposes of this section:



(1)  "Native Hawaiian" means any descendant
of the races inhabiting the Hawaiian Islands prior to 1778; and



(2)  "Subsistence" means the customary and
traditional native Hawaiian uses of renewable ocean resources for direct
personal or family consumption or sharing. [L 1994, c 271, §1]



 



Law Journals and Reviews



 



  Propagating Cultural
Kīpuka:  The Obstacles and Opportunities of Establishing a Community-Based
Subsistence Fishing Area.  31 UH L. Rev. 193.