WeVote
Log In

Bill

Bill

GM 1163

Informing the Legislature that on May 29, 2026, the Governor signed the following bill into law: HB2395 HD2 SD1 CD1 (ACT 063).

2026 Regular Session

DLNR may issue permits to take certain marine deposits from state waters for research, education, or propagation, with environmental safeguards and return of materials when feasibl

Received.
#act063
0
WeVote Research Nonpartisan
Bill Summary · GM 1163

Overview

  • Jurisdiction: Hawaii
  • Bill: HB 2395, HD 2, SD 1, CD 1
  • Title: Relating to the Taking of Marine Deposits
  • Status: Enacted as Act 063 (signed into law May 29, 2026)
  • Effective date: Upon approval (Act takes effect upon signing)

Main purpose and intent

The bill authorized the Department of Land and Natural Resources (DLNR) to issue permits allowing the taking (removal) of certain marine deposits—such as sand, dead coral or coral rubble, rocks, soil, and other materials—from state waters seaward of the shoreline for research, education, management, or propagation purposes. It also codifies exceptions to existing prohibitions on taking these materials, provided environmental safeguards are met and resources are returned when possible.

Key provisions and changes

  • Section 1: Legislative findings and purpose

    • DLNR regularly receives permit requests to take marine deposits from state waters for research, education, management, or propagation.
    • Current law did not authorize DLNR to approve such permits; the bill creates authority to permit these activities.
    • Conditions: resources must be returned to the beach if possible and pose no environmental risk.

  • Section 2: Amends Section 171-58.5 (Prohibitions)

    • Overlay of current prohibitions on taking marine deposits seaward of the shoreline.
    • New authorized exception (for permits issued by DLNR) for taking materials for research/education/management/propagation with environmental safeguards (minimal or negligible risk) and return of materials when feasible.
    • Other listed exceptions retained, including:
    • Inadvertent taking (e.g., materials unintentionally carried away by people or objects).
    • Replenishment or protection of public shoreline areas or associated state projects with proper permits.
    • Clearing materials from drainage pipes, canals, or stream mouths (with placement on adjacent areas unless significant turbidity would result).
    • Cleaning areas seaward for state or county maintenance (placement on adjacent areas unless turbidity would result).
    • Exercise of traditional cultural practices as provided by law or permitted by DLNR under the Constitution.
    • Response to public emergencies or state/local disasters.

  • Section 3: Administrative formatting (statutory text changes)

    • Repeals/insertions reflected in the amended statute; new language underscored.

  • Section 4: Effective date

    • Act takes effect upon approval (May 29, 2026).

Who/what is affected

  • DLNR: Gained explicit authority to issue permits allowing taking of certain marine deposits from state waters seaward of the shoreline for specified purposes.
  • Researchers, educators, managers, and organizations involved in propagation activities that require access to marine deposits.
  • Public and private entities conducting shoreline restoration, research, or related projects under permit.
  • General public: existing prohibitions remain but with clarified permitting pathways and safeguards.
  • Environmental considerations: permits require “minimal or negligible” environmental risk and return of materials to the beach when feasible.

Procedural and timeline aspects

  • Approval timeline: The Governor signed the bill into law on May 29, 2026 (Act 063).
  • Permitting process: Requires issuance of permits by DLNR for taking marine deposits for authorized purposes; operational details would be governed by permit rules and existing DLNR procedures.
  • Implementation: Effective upon approval; existing prohibitions continue to apply except as expressly authorized by DLNR-issued permits and the listed exceptions.

Practical implications

  • Enables sanctioned scientific and educational work that involves removing marine deposits, with environmental protections.
  • Provides a clear legal framework for permitting activities that were previously not authorized.
  • Maintains environmental safeguards by requiring minimal risk and return of resources when possible.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.