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.. .. <br /> COUNTY OF HAWAII <br /> ....,:-?-,.."177,9_f..w .-( ,' "/. H STATE OF HAWAII <br /> RESOLUTION NO. 131 13 <br /> A RESOLUTION URGING THE GOVERNOR TO INSURE THAT PROPOSED <br /> AMENDMENTS TO THE DEPARTMENT OF LAND AND NATURAL RESOURCE'S <br /> ADMINISTRATIVE RULES RELATING TO THE TERMINATION OF SCUBA SPEAR <br /> FISHING AND THE PUAKO FISHERIES MANAGEMENT AREA BOUNDARY BE <br /> PLACED IN THEIR ORIGINAL FORM AND ENTIRETY BEFORE THE BOARD OF <br /> LAND AND NATURAL RESOURCES FOR DECISION MAKING. <br /> WHEREAS, the Department of Land and Natural Resources' (DLNR) mission statement <br /> reads: "Enhance, protect, conserve and manage Hawaii's unique and limited natural, cultural and <br /> historic resources held in public trust for current and future generations of visitors and the people <br /> of Hawai`i nei in partnership with others from the public and private sectors"; and <br /> WHEREAS, he Hawai'i Supreme Court has made clear that water, including our coastal <br /> waters, is a constitutionally protected public trust resource; and <br /> WHEREAS, the use of coastal waters is governed by the public trust doctrine, which <br /> mandates that in the case of uncertainty, that caution and conservation must prevail in all related <br /> government decision-making, and that the governing body must act as a trustee protecting the <br /> affected public trust resources for the benefit of this and future generations; and <br /> WHEREAS, pursuant to the corollary precautionary principle, the burden of <br /> demonstrating the usage at issue will not harm the resource is on the user, not on the public or the <br /> government entity; and <br /> WHEREAS, the proposed prohibition of scuba spear fishing is a precautionary measure <br /> aimed at conservation of certain fish species and the web of marine life related thereto; and <br /> WHEREAS, the scuba spear fishing sector has not demonstrated that its use—scuba spear <br /> fishing in coastal waters—will not deplete the population of the fish species usually targeted; and <br /> WHEREAS, spear fishing without scuba will still be permitted; and <br /> WHEREAS, after ten years of discussions and delays regarding the amendments, 1,206 <br /> persons testified, 565 from West Hawai`i alone; and <br /> WHEREAS, 97% of the West Hawai`i testimonies favored the Puako Fisheries <br /> Management Area (FMA) boundary change and 89% favored the termination of scuba spear <br /> fishing in the West Hawai`i Regional Fishery Management Area; and <br />