SB 2944: BLNR; Conservation; Environment; Wildlife; Viewing; Rules; Legislature; Reports

A BILL FOR AN ACT

RELATING TO CONSERVATION.

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

     SECTION 1.  The legislature finds that the State's beaches are essential habitats for native marine wildlife, including Hawaiian green sea turtles and Hawaiian monk seals, which routinely bask, rest, recover, and give birth on the State's shores.  The former lay their eggs in, and the latter give birth and nurse their pups on, the sandy beaches.  The legislature believes that responsible wildlife viewing practices must protect these animals, support public safety, and remain consistent with the cultural and environmental values of the State.

     However, the legislature recognizes that, despite clear viewing guidance that has been made available to the public, incidents continue to occur in which individuals approach, crowd, touch, or otherwise disturb resting wildlife.  This disruptive behavior has been amplified by social media and has, at times, drawn large crowds to popular viewing areas.  The legislature is aware that these incidents can create conflicts between members of the public who are attempting to protect wildlife and others who insist on interacting with the wildlife for photographs and online content, including sensationalized conduct for pecuniary gain.

     The legislature is also aware that federal protections and federal viewing guidance exist for certain marine species.  However, effective deterrence depends on a timely, on-scene response and reliable reporting.  Investigations and enforcement may be hindered when incidents are not directly witnessed or promptly reported and instead surface only after the recordings are posted online.  The legislature therefore finds that implementing clear and enforceable state rules that complement federal protections will improve compliance, provide accountability, raise public awareness, and reduce conflicts among members of the public.

     The legislature concludes that it is essential for the State to enable state and county enforcement personnel to take appropriate actions and to provide greater protections for the State's native marine wildlife.

     Accordingly, the purpose of this Act is to:

     (1)  Require the board of land and natural resources to adopt rules implementing wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration; and

     (2)  Specify that violations of the rules will be subject to the penalties imposed under section 195D-9, Hawaii Revised Statutes.

     SECTION 2.  Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§195D-    Wildlife viewing guidelines; rules.  (a)  The board shall adopt rules, pursuant to chapter 91, to implement wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration.

     (b)  Any violations of rules adopted by the board pursuant to this section shall be subject to the penalties imposed by section 195D-9."

     SECTION 3.  The board of land and natural resources shall submit annual reports to the legislature, no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2027, on the status of the adoption of the rules required by section 2 of this Act, until the rules are adopted.  The final annual report shall include an accurate copy of the adopted rules.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

BLNR; Conservation; Environment; Wildlife; Viewing; Rules; Legislature; Reports

Description:

Requires the Board of Land and Natural Resources to adopt rules that implement wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration.  Requires annual reports to the Legislature until rules are adopted.  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 CONSERVATION.

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

     SECTION 1.  The legislature finds that the State's beaches are essential habitats for native marine wildlife, including Hawaiian green sea turtles and Hawaiian monk seals, which routinely bask, rest, recover, and give birth on the State's shores.  The former lay their eggs in, and the latter give birth and nurse their pups on, the sandy beaches.  The legislature believes that responsible wildlife viewing practices must protect these animals, support public safety, and remain consistent with the cultural and environmental values of the State.

     However, the legislature recognizes that, despite clear viewing guidance that has been made available to the public, incidents continue to occur in which individuals approach, crowd, touch, or otherwise disturb resting wildlife.  This disruptive behavior has been amplified by social media and has, at times, drawn large crowds to popular viewing areas.  The legislature is aware that these incidents can create conflicts between members of the public who are attempting to protect wildlife and others who insist on interacting with the wildlife for photographs and online content, including sensationalized conduct for pecuniary gain.

     The legislature is also aware that federal protections and federal viewing guidance exist for certain marine species.  However, effective deterrence depends on a timely, on-scene response and reliable reporting.  Investigations and enforcement may be hindered when incidents are not directly witnessed or promptly reported and instead surface only after the recordings are posted online.  The legislature therefore finds that implementing clear and enforceable state rules that compliment federal protections will improve compliance, provide accountability, raise public awareness, and reduce conflicts among members of the public.

     The legislature concludes that it is essential for the State to enable state and county enforcement personnel to take appropriate actions and to provide greater protections for the State's native marine wildlife.

     Accordingly, the purpose of this Act is to:

     (1)  Require the board of land and natural resources to adopt rules implementing wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration; and

     (2)  Specify that violations of the rules will be subject to the penalties imposed under section 195D-9, Hawaii Revised Statutes.

     SECTION 2.  Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§195D-    Viewing guidelines; wildlife; rules.  (a)  The board shall adopt rules, pursuant to chapter 91, to implement wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration.

     (b)  Any violations of rules adopted by the board pursuant to this section shall be subject to the penalties imposed by section 195D-9."

     SECTION 3.  The board of land and natural resources shall submit annual reports to the legislature, no later than twenty days prior to each regular session, beginning with the regular session of 2027, on the status of the adoption of the rules required by section 2 of this Act, until the rules are adopted.  The final annual report shall include an accurate copy of the adopted rules.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

BLNR; Conservation; Environment; Wildlife; Viewing; Rules; Legislature; Reports

Description:

Requires the Board of Land and Natural Resources to adopt rules that implement wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration.  Requires annual reports to the Legislature until rules are adopted.  Effective 7/1/2050.  (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 CONSERVATION.

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

     SECTION 1.  The legislature finds that Hawaii's beaches are essential habitats for native marine wildlife, including Hawaiian green sea turtles and Hawaiian monk seals, which routinely bask, rest, recover, and give birth on the State's shores.  The former lay their eggs in, and the latter give birth and nurse their pups on, the sandy beaches.  The legislature believes that responsible wildlife viewing practices must protect these animals, support public safety, and remain consistent with the cultural and environmental values of the State.

     However, the legislature recognizes that, despite clear viewing guidance that has been made available to the public, incidents continue to occur in which individuals approach, crowd, touch, or otherwise disturb resting wildlife.  This disruptive behavior has been amplified by social media and has, at times, drawn large crowds to popular viewing areas.  The legislature is aware that these incidents can create conflicts between members of the public who are attempting to protect wildlife and others who insist on interacting with the wildlife for photographs and online content, including sensationalized conduct for pecuniary gain.

     The legislature is also aware that federal protections and federal viewing guidance exist for certain marine species.  However, effective deterrence depends on a timely, on-scene response and reliable reporting.  Investigations and enforcement may be hindered when incidents are not directly witnessed or promptly reported and instead surface only after the recordings are posted online.  The legislature therefore finds that implementing clear and enforceable State rules that compliment federal protections will improve compliance, provide accountability, raise public awareness, and reduce conflicts among members of the public.

     The legislature concludes that it is essential for the State to enable state and county enforcement personnel to take appropriate actions and to provide greater protections for Hawaii's native marine wildlife.

     Accordingly, the purpose of this Act is to:

     (1)  Require the board of land and natural resources to adopt rules implementing wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration; and

     (2)  Specify that violations of the rules will be subject to the penalties imposed under section 195D-9, Hawaii Revised Statutes.

     SECTION 2.  Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§195D-     Viewing guidelines; wildlife; rules.  (a)  The board shall adopt rules, pursuant to chapter 91, to implement wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration.

     (b)  Any violations of rules adopted by the board pursuant to this section shall be subject to the penalties imposed by section 195D-9."

     SECTION 3.  The board of land and natural resources shall submit annual reports to the legislature, no later than twenty days prior to each regular session, beginning with the regular session of 2027, on the status of the adoption of the rules required by section 1 of this Act, until the rules are adopted.  The final annual report shall include an accurate copy of the adopted rules.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

BLNR; Conservation; Environment; Wildlife; Viewing; Rules; Legislature; Reports

Description:

Requires the Board of Land and Natural Resources to adopt rules that implement wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration (NOAA).  Requires annual reports to the Legislature until rules are adopted.

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. 2751

Honolulu, Hawaii

RE:     S.B. No. 2944

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 2944, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONSERVATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to give state and county officials greater authority to enforce wildlife protections and viewing guidelines that currently exist in federal law.

     More specifically, the measure:

     (1)  Requires the Board of Land and Natural Resources to adopt rules implementing wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration; and

     (2)  Specifies that violations of the rules will be subject to statutory penalties.

     Your Committee received written comments in support of this measure from numerous individuals.

     Your Committee received written comments in opposition to this measure from one individual.

     Your Committee received written comments on this measure from the Department of Land and Natural Resources.

     Your Committee finds that Hawaii's beaches are essential habitats for native marine wildlife, including Hawaiian green sea turtles and Hawaiian monk seals, which routinely bask, rest, recover, and give birth on the State's shores.  Your Committee believes that responsible wildlife-viewing practices must protect these animals, support public safety, and remain consistent with the State's cultural and environmental values.  While federal protections and federal viewing guidelines exist for certain marine species, deterrence, investigations, and enforcement can be difficult.  Accordingly, your Committee finds that establishing similar provisions in state administrative rules will enable state and county enforcement personnel to take appropriate actions and to provide greater protections for the State's native marine wildlife.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2944, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 2517

Honolulu, Hawaii

RE:     S.B. No. 2944

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Water, Land, Culture and the Arts, to which was referred S.B. No. 2944 entitled:

"A BILL FOR AN ACT RELATING TO CONSERVATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Board of Land and Natural Resources to adopt rules that implement wildlife viewing guidelines that substantially conform to the wildlife viewing guidelines issued by the National Oceanic and Atmospheric Administration; and

     (2)  Require annual reports to the Legislature until rules are adopted.

     Your Committee received testimony in support of this measure from three individuals.

     Your Committee received comments on this measure from the Department of Land and Natural Resources.

     Your Committee finds that, despite statewide viewing guidance, incidents continue to occur in which individuals approach, crowd, touch, or otherwise disturb wildlife, including Hawaiian green sea turtles and Hawaiian monk seals.  Your Committee is also aware that interactions between people and wildlife are subject to federal protections and viewing guidance, but the federal protections and guidelines require complementary state guidelines to effectively deter harmful incidents.  This measure will raise public awareness and improve the well-being of the public and the State's wildlife by aligning state wildlife viewing guidelines with the corresponding federal guidelines.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Water, Land, Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2944, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2944, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Culture and the Arts,