HB 2395: DLNR; Taking of Marine Deposits; Permits; Approvals

A BILL FOR AN ACT

RELATING TO THE TAKING OF MARINE DEPOSITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the department of land and natural resources regularly receives requests for permits that involve the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits from state waters for research, education, management, or propagation purposes.  However, existing law does not authorize the department to approve these permit requests.

     Accordingly, the purpose of this Act is to allow for the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline for research, education, management, or propagation purposes when authorized by permits issued by the department of land and natural resources; provided that the resources will be returned to the beach if possible and pose no risk to the environment.

     SECTION 2.  Section 171-58.5, Hawaii Revised Statutes, is amended to read as follows:

     "§171-58.5  Prohibitions.  The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline [is] shall be prohibited with the following exceptions:

     (1)  The inadvertent taking from seaward of the shoreline of these materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;

     (2)  For the replenishment or protection of public shoreline areas and adjacent public lands seaward of the shoreline, or construction or maintenance of state approved lagoons, harbors, launching ramps, or navigational channels with a permit authorized under chapter 183C;

     (3)  The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46‑11.5; provided that the sand removed shall be placed on adjacent areas unless this placement would result in significant turbidity;

     (4)  The cleaning of areas seaward of the shoreline for state or county maintenance purposes including the purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;

     (5)  The taking of these materials for research, education, management, or propagation purposes when authorized by a permit issued by the department; provided that the resources shall be returned to the beach if possible and that the taking poses no more than a minimal or negligible risk to the environment;

    [(5)] (6)  The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or

    [(6)] (7)  For the response to a public emergency or a state or local disaster."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DLNR; Taking of Marine Deposits; Permits; Approvals

Description:

Authorizes the Department of Land and Natural Resources to issue permits for research, education, management, or propagation purposes that include the taking of marine deposits seaward of the shoreline, as long as the resources will be returned to the beach if possible and that the taking poses no more than a minimal or negligible risk to the environment.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE TAKING OF MARINE DEPOSITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the department of land and natural resources regularly receives requests for permits that involve the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits from state waters for research, education, management, or propagation purposes.  However, existing law does not authorize the department to approve these permit requests.

     Accordingly, the purpose of this Act is to allow for the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline for research, education, management, or propagation purposes when authorized by permits issued by the department of land and natural resources; provided that the resources will be returned to the beach if possible and pose no risk to the environment.

     SECTION 2.  Section 171-58.5, Hawaii Revised Statutes, is amended to read as follows:

     "§171-58.5  Prohibitions.  The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline [is] shall be prohibited with the following exceptions:

     (1)  The inadvertent taking from seaward of the shoreline of these materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;

     (2)  For the replenishment or protection of public shoreline areas and adjacent public lands seaward of the shoreline, or construction or maintenance of state approved lagoons, harbors, launching ramps, or navigational channels with a permit authorized under chapter 183C;

     (3)  The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46‑11.5; provided that the sand removed shall be placed on adjacent areas unless this placement would result in significant turbidity;

     (4)  The cleaning of areas seaward of the shoreline for state or county maintenance purposes including the purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;

     (5)  The taking of these materials for research, education, management, or propagation purposes when authorized by a permit issued by the department; provided that the resources shall be returned to the beach if possible and that the taking poses no more than a minimal or negligible risk to the environment;

    [(5)] (6)  The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or

    [(6)] (7)  For the response to a public emergency or a state or local disaster."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 3000.

Report Title:

DLNR; Taking of Marine Deposits; Permits; Approvals

Description:

Authorizes the Department of Land and Natural Resources to approve permits for research, education, management, or propagation purposes that include the taking of marine deposits seaward of the shoreline, as long as the resources will be returned to the beach if possible and that the taking poses no more than a minimal or negligible risk to the environment.  Effective 1/1/3000.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE TAKING OF MARINE DEPOSITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the department of land and natural resources regularly receives requests for permits that involve the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits from state waters for research, education, management, or propagation purposes.  However, existing law does not authorize the department to approve these permit requests.

     Accordingly, the purpose of this Act is to allow for the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline for research, education, management, or propagation purposes when authorized by permits issued by the department of land and natural resources; provided that the resources will be returned to the beach if possible and pose no risk to the environment.

     SECTION 2.  Section 171-58.5, Hawaii Revised Statutes, is amended to read as follows:

     "§171-58.5  Prohibitions.  The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline [is] shall be prohibited with the following exceptions:

     (1)  The inadvertent taking from seaward of the shoreline of these materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;

     (2)  For the replenishment or protection of public shoreline areas and adjacent public lands seaward of the shoreline, or construction or maintenance of state approved lagoons, harbors, launching ramps, or navigational channels with a permit authorized under chapter 183C;

     (3)  The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless this placement would result in significant turbidity;

     (4)  The cleaning of areas seaward of the shoreline for state or county maintenance purposes including the purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;

     (5)  The taking of these materials for research, education, management, or propagation purposes when authorized by a permit issued by the department; provided that the resources shall be returned to the beach if possible and that the taking poses no more than a minimal or negligible risk to the environment;

    [(5)] (6)  The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or

    [(6)] (7)  For the response to a public emergency or a state or local disaster."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

DLNR; Taking of Marine Deposits; Permits; Approvals

Description:

Authorizes the Department of Land and Natural Resources to approve permits for research, education, management, or propagation purposes that include the taking of marine deposits seaward of the shoreline, as long as the resources will be returned to the beach if possible and that the taking poses no more than a minimal or negligible risk to the environment.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE TAKING OF MARINE DEPOSITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the department of land and natural resources regularly receives requests for permits that involve the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits from state waters for research, education, management, or propagation purposes.  However, existing law does not authorize the department to approve these permit requests.

     Accordingly, the purpose of this Act is to allow for the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline for research, education, management, or propagation purposes when authorized by permits issued by the department of land and natural resources; provided that the resources will be returned to the beach if possible and pose no risk to the environment.

     SECTION 2.  Section 171-58.5, Hawaii Revised Statutes, is amended to read as follows:

     "§171-58.5  Prohibitions.  The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline is prohibited with the following exceptions:

     (1)  The inadvertent taking from seaward of the shoreline of these materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;

     (2)  For the replenishment or protection of public shoreline areas and adjacent public lands seaward of the shoreline, or construction or maintenance of state approved lagoons, harbors, launching ramps, or navigational channels with a permit authorized under chapter 183C;

     (3)  The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless this placement would result in significant turbidity;

     (4)  The cleaning of areas seaward of the shoreline for state or county maintenance purposes including the purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;

     (5)  The taking of these materials for research, education, management, or propagation purposes when authorized by a permit issued by the department; provided that the resources will be returned to the beach if possible and pose no risk to the environment;

    [(5)] (6)  The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or

    [(6)] (7)  For the response to a public emergency or a state or local disaster."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

DLNR; Taking of Marine Deposits; Permits; Approvals

Description:

Authorizes the Department of Land and Natural Resources to approve permits for research, education, management, or propagation purposes that include the taking of marine deposits seaward of the shoreline, as long as the resources will be returned to the beach and pose no risk to the environment.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to the taking of marine deposits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the department of land and natural resources regularly receives requests for permits that involve the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits from state waters for research, education, management, or propagation purposes.  However, existing law does not authorize the department to approve these permit requests.

     Accordingly, the purpose of this Act is to allow for the taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline for research, education, management, or propagation purposes when authorized by permits issued by the department of land and natural resources; provided that the resources will be returned to the beach if possible and pose no risk to the environment.

     SECTION 2.  Section 171-58.5, Hawaii Revised Statutes, is amended to read as follows:

     "§171-58.5  Prohibitions.  The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline is prohibited with the following exceptions:

     (1)  The inadvertent taking from seaward of the shoreline of these materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;

     (2)  For the replenishment or protection of public shoreline areas and adjacent public lands seaward of the shoreline, or construction or maintenance of state approved lagoons, harbors, launching ramps, or navigational channels with a permit authorized under chapter 183C;

     (3)  The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless this placement would result in significant turbidity;

     (4)  The cleaning of areas seaward of the shoreline for state or county maintenance purposes including the purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;

     (5)  The taking of these materials for research, education, management, or propagation purposes when authorized by a permit issued by the department; provided that the resources will be returned to the beach if possible and pose no risk to the environment;

    [(5)] (6)  The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or

    [(6)] (7)  For the response to a public emergency or a state or local disaster."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DLNR; Taking of Marine Deposits; Permits; Approvals

Description:

Authorizes the Department of Land and Natural Resources to approve permits for research, education, management, or propagation purposes that include the taking of marine deposits seaward of the shoreline, as long as the resources will be returned to the beach and pose no risk to the environment.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1186-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2395

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2395, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE TAKING OF MARINE DEPOSITS,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Department of Land and Natural Resources to approve permits for research, education, management, or propagation purposes that include the taking of marine deposits seaward of the shoreline, as long as the resources will be returned to the beach if possible and pose no risk to the environment.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and University of Hawaiʻi Sea Grant College Program.

     Your Committee finds that the Department of Land and Natural Resources is not authorized under existing law to approve permit requests that involve the taking of sand, dead coral, coral rubble, rocks, soil, or other marine deposits from state waters for research, education, management, or propagation purposes, despite being often requested for such permits.  Your Committee believes that the law was not intended to prevent research, education and management, or propagation activities and as such, the Department should be authorized to approve these types of permits, subject to certain conditions.

Your Committee has amended this measure by:

     (1)  Clarifying that the taking of the resources must pose no more than a minimal or negligible risk to the environment, instead of no risk to the environment; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2395, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2395, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  460-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2395

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 2395 entitled:

"A BILL FOR AN ACT RELATING TO THE TAKING OF MARINE DEPOSITS,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Department of Land and Natural Resources to approve permits for research, education, management, or propagation purposes that include the taking of marine deposits seaward of the shoreline, as long as the resources will be returned to the beach if possible and pose no risk to the environment.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources.

     Your Committee finds that the Department of Land and Natural Resources regularly receives requests for permits that involve the taking of sand, dead coral, coral rubble, rocks, soil, or other marine deposits from state waters for research, education, management, or propagation purposes.  However, the Department is not authorized to approve these permit requests because of the prohibitions in section 171-58.5, Hawaii Revised Statutes.  Your Committee further finds that this measure would allow legitimate research projects in fields such as geology, chemistry, biology, and climate science to occur without violating state law.

     Your Committee has amended this measure by changing its effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2395, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2395, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,