RELATING TO THE TAKING OF MARINE DEPOSITS.
HB2395 amends Hawaii’s prohibition on taking sand, dead coral or coral rubble, rocks, soil, and other marine deposits seaward of the shoreline by adding a new exception for permits issued by the Department of Land and Natural Resources (DLNR). Under the bill, DLNR may authorize the taking of these materials for research, education, management, or propagation purposes, so long as the materials are returned to the beach if possible and the activity poses no more than a minimal or negligible risk to the environment.
The bill preserves the existing general ban on mining or taking marine deposits, while keeping the current exceptions for inadvertent taking, shoreline replenishment and protection projects, clearing drainage pipes and stream mouths, state and county maintenance, traditional cultural practices, and emergency or disaster response. In effect, it creates a narrow permitting pathway for scientific and resource-management uses without broadly opening the door to extraction.
The bill directly amends section 171-58.5, Hawaii Revised Statutes, by inserting a new statutory exception to the statewide prohibition on taking marine deposits seaward of the shoreline. It gives DLNR explicit authority to issue permits for specified noncommercial purposes, which changes existing law from a categorical lack of authorization to a regulated, permit-based allowance. The practical effect is to affect researchers, educators, resource managers, propagation projects, and DLNR permit administrators, while maintaining environmental safeguards and the overall prohibition on commercial or general removal.
The available voting history shows strong and consistent support for the measure, with unanimous or near-unanimous committee approvals at each stage and no recorded dissenting votes. The bill advanced through Senate committees, conference, and final enactment without evidence of significant opposition in the provided materials. Overall sentiment appears favorable, likely reflecting agreement that the bill fills a narrow administrative gap while preserving environmental protections.
The main policy issue is the balance between allowing limited access to marine deposits for legitimate public-interest purposes and protecting shoreline and marine environments from harm. Supporters appear to have favored giving DLNR clear permitting authority for research, education, management, and propagation uses, especially where materials can be returned and environmental risk is minimal. Any potential concern would center on whether the new exception could be used too broadly or create enforcement challenges, but the bill’s text addresses that by limiting permits to low-risk activities and retaining the general prohibition.