Senate Concurrent Resolution 12

THE SENATE
S.C.R. NO.
12

TWENTY-FIFTH LEGISLATURE, 2009

STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO AMEND ITS ADMINISTRATIVE RULES RELATING TO CAMPING AT STATE PARKS.

WHEREAS, fishing at night on beaches throughout the State is a longtime and treasured tradition in Hawai`i, enjoyed by families of Native Hawaiians and the broader public for generations as a means to provide sustenance and recreation; and

WHEREAS, fishers have used tents, sleeping bags, and other gear to protect themselves and their family members from the weather while fishing at beaches at night; and

WHEREAS, in 2002, the Department of Land and Natural Resources amended section 13-146-2, Hawaii Administrative Rules, to define camping by the type of "camping paraphernalia" an individual possesses one hour after sunset until sunrise at a state park; and

WHEREAS, the State's camping rules have had a significant impact on Native Hawaiians, whose customary and traditional rights are protected by the Constitution of the State of Hawaii; and

WHEREAS, the new camping rules and the enforcement of these rules have resulted in officers of the Department of Land and Natural Resource's Division of Conservation and Resources Enforcement issuing citations to individuals for fishing while using tents and sleeping bags as fishers have done for decades; and

WHEREAS, fishers from Keawa`ula and Ka`ena beaches on O`ahu's west and north shores have been especially affected, with many of them believing that the State's new camping rules do not allow for sufficient protection and safety from the elements when they fish at night; and

WHEREAS, the legislature believes that the State's administrative rules relating to camping at state parks could be amended to allow the public to fish in a more reasonable and safe manner at night; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the House of Representatives concurring, that the Department of Land and Natural Resources is requested to amend its administrative rules in a way that allows:

(1) The State to regulate camping while not adversely affecting other park uses;

(2) The State to better differentiate between campers and fishers; and

(3) Fishers to protect themselves from the weather, while assuring public safety; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

OFFERED BY:
_____________________________


By Request

Report Title:

OHA Package; Fishing; State Park Rules