HI SB1036

Authorizes the Department of Land and Natural Resources to issue special activity permits for Native Hawaiians exercising traditional and customary fishing practices protected by Article XII, Section 7 of the Hawaii State Constitution.

Permits are optional and not required for individuals exercising constitutionally protected traditional and customary practices, but are intended to provide recognition and protection from civil and criminal citation.

Amends Section 187A-6, Hawaii Revised Statutes, to add a new subsection (c) allowing the department to issue permits for taking aquatic life, possessing or using fishing gear, or engaging in other aquatic resource activities otherwise prohibited by law.

Permits issued under this authority are subject to Chapter 195D and department restrictions, and allow the department to adopt administrative rules for implementing the permit program.

Takes effect upon approval and addresses the burden of individuals risking arrest before being afforded an opportunity to validate their constitutionally protected rights.