[§188-22.6]  Designation of communitybased subsistence fishing area.  (a)  The department of land and naturalresources may designate community based subsistence fishing areas and carry outfishery management strategies for such areas, through administrative rulesadopted pursuant to chapter 91, for the purpose of reaffirming and protectingfishing practices customarily and traditionally exercised for purposes ofnative Hawaiian subsistence, culture, and religion.

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

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

(2)  The charter of the organization or group;

(3)  A list of the members of the organization orgroup;

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

(5)  Justification for the proposed designationincluding the extent to which the proposed activities in the fishing area mayinterfere with the use of the marine waters for navigation, fishing, and publicrecreation; and

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

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

(c)  For the purposes of this section:

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

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

 

Law Journals and Reviews

 

  Propagating CulturalKīpuka:  The Obstacles and Opportunities of Establishing a Community-BasedSubsistence Fishing Area.  31 UH L. Rev. 193.