What are they thinking?????

[Stan Wright]

http://www.capitol.hawaii.gov/session20 ... 09-10_.HTM
Plastic Prohibition; Tax Credit; Boating
Description:
Prohibits the use of plastic objects on any boat registered in
the State; establishes a working group to develop rules for
subsistence fishing; provides a tax credit for items purchased
to comply with the prohibition.



THE SENATE
STATE OF HAWAII
TWENTY-FIFTH LEGISLATURE, 201 0 S.B. NO.J&
A BILL FOR AN ACT
RELATING TO POLLUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. In 1997, while sailing from Hawaii to
2 California, amateur scientist Captain Charles Moore made a
3 surprising discovery - what he calls a vast "garbage patch" of
4 plastic debris twice the size of Texas in the middle of the
5 Pacific Ocean. The "garbage patch" is a diffuse soup, with bits
6 dispersed over a large area and doing two roundabouts: in the

eastern Pacific and in the western Pacific. Together these
gyres form the shape of a dog bone. The Great Pacific Garbage
Patch, as it has become known, is described as two to three
times the size of Texas, but in fact it might be far larger - as
much as five million square miles, or one and a half times the
size of the United States. Sailors encounter it within five
hundred miles of the California coast and two hundred miles off
Japan.
In recent years, dead seabirds have been washing ashore in
startling numbers, and one animal dissected by Dutch researchers
contained 1,603 pieces of plastic. The most worrisome plastic
pollution are the minuscule pieces of plastic, some barely
visible to the eye, swirling like fish food throughout the
water. All over the globe, there are signs that plastic
pollution is making its way into the food chain, and the
pollution is likely to end up in humans. Scientists are only
beginning to research the long-term ways in which the chemicals
used to make plastic interact with our own biochemistry.
The most effective way to reduce the environmental impact
of plastics is source reduction. About twenty per cent of
plastic in our oceans comes from goods lost from boats: i.e.
accidental loss of fishing tackle and other recreational gear,
massive shipping containers carrying millions of plastic items
washed overboard during severe storms, litter from pleasure
boats, or illegal dumping of unwanted goods. Additionally,
plastic is made from petrochemicals; so every plastic item
purchased adds to our dependence on oil.
The purpose of this Act is to reduce plastic pollution by:
(1) Prohibiting the use of plastic objects on commercial
or recreational boats;
(2) Establishing a working group to expand similar
prohibitions to subsistence fishers; and
(3) Providing a tax credit for principal operators of
commercial or recreational boats required to replace
equipment and items used in the operations of those
boats.
SECTION 2. Chapter 200, Hawaii Revised Statutes, is
amended by adding a new part to be appropriately designated and
to read as follows:
"PART . PLASTIC OBJECT PROHIBITION
§200-A Declaration of policy. The legislature hereby
finds, determines, and declares that this part is necessary to
11 promote and attain:
12 (1) The full use and enjoyment of the waters of the State;
13 (2) A reduction in plastic pollution in the State and its
14 waters; and
15 (3) A clean ocean environment for future generations of
16 fishers and recreational users of the waters of the
17 State.
18 1200-B Definitions. As used in this part unless the
19 context otherwise requires:
20 "Article of clothing" includes apparel, dress, garments, or
21 attire including any type of eyeglasses, jewelry, and shoes.
"Plastic object" means any container, sheet, or object
which consists of any material made of polymeric organic
compounds and additives that can be shaped by flow.
J200-C Plastic objects; prohibition; exceptions. (a) Any
vessel registered and numbered in the State for use or operation
on or in the waters of the State, pursuant to section 200-31,
shall be prohibited from carrying or using any plastic object;
provided that vessels may transport commercial cargo of plastic
objects.
(b) Notwithstanding subsection (a) , a plastic object may
be carried or used on a vessel if it is:
(1) Essential for the administration of first aid;
(2) Used in the carrying or dosing of prescription
medications;
(3) Integrated into a sanitary napkin or diaper;
(4) Incorporated into an article of clothing; or
(5) Part of the vessel, emergency rescue equipment, diving
or snorkel gear, or navigation equipment.
(c) Any vessel not in compliance with this part shall not
be registered or numbered pursuant to section 200-31.
(d) The department shall adopt rules pursuant to chapter
91 necessary for the purposes of this part.
§200-D Subsistence fishing working group; established.
(a) There is established within the department for
administrative purposes a subsistence fishing working group.
The working group shall include:
The chairperson, or the chairperson's designee;
The administrator of the office of Hawaiian affairs,
or the administrator's designee; and
Three persons who practice subsistence fishing, to be
designated by the governor.
The working group shall examine the feasibility of
prohibiting plastic objects in subsistence fishing practices and
make recommendations for rules to the department in conformance
therewith.
(d) The members of the working group shall serve without
compensation but shall be reimbursed for expenses, including
travel expenses, necessary for the performance of their duties.
(e) The department shall adopt rules recommended by the
working group pursuant to chapter 91.
(f) For the purposes of this section, 'Isubsistence" means
the customary and traditional native Hawaiian uses of renewable
ocean resources for direct personal or family consumption or
sharing.
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Page 6 S.B. NO. 2!UO
1 SECTION 3. Chapter 235, Hawaii Revised Statutes, is
2
3 and to read as follows:
4 “1235- Plastic object replacement tax credit. (a) Each
amended by adding a new section to be appropriately designated
principal operator of a fishing or recreational vessel who files
an individual or corporate net income tax return for a taxable
year may claim an income tax credit under this section against
the Hawaii state individual or corporate net income tax.
(b) The tax credit shall be an amount equal to the amount
paid by the principal operator during the taxable year for
equipment and items necessarily purchased to comply with chapter
200, Dart .
(c) The tax credit claimed under this section by the
principal operator shall be deductible from the principal
operator’s individual or corporate income tax liability, if any,
for the tax year in which the credit is properly claimed;
provided that a husband and wife filing separate returns for a
taxable year for which a joint return could have been made by
them shall claim only the tax credit to which they would have
been entitled had a joint return been filed. If the tax credit
claimed by the principal operator under this section exceeds the
amount of the income tax payments due from the principal

1 operator, the excess of credit over payments due shall be
2 refunded to the principal operator; provided that the tax credit
3 properly claimed by a principal operator who has no income tax
4 liability shall be paid to the principal operator; and provided
5 further that no refunds or Davments on account of the tax credit
6 allowed bv this section shall be made for amounts less than $1.
7 (d) The director of taxation shall prepare such forms as
8 may be necessary to claim a credit under this section, may
9 require proof of the claim for the tax credit, and may adopt
10 rules pursuant to chapter 91.
11 (e) All of the Drovisions relatins to assessments and
12 refunds under this chapter and under section 231-23(c) (1) shall
13 apply to the tax credit under this section.
14 (f) Claims for the tax credit under this section,
15 including any amended claims thereof, shall be filed on or
16 before the end of the twelfth month following the taxable year
17 for which the credit may be claimed.
18 (a) As used in this section:
19 "Fishing or recreational vessel" means any vessel
20 registered and numbered in the State for use or operation on or
21 in the waters of the State pursuant to section 200-31.

"Principal operatorll means any individual or corporate
resident taxpayer who registers a fishing or recreational vessel
in the State pursuant to section 200-31."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval;
provided that section 3 shall
after December 31, 2009.
apply to taxable years beginning
INTRODUCED BY: QU!!
2010-0048 SB SMA.doc
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S . B . NO.
Report Title:
Plastic Prohibition; Tax Credit; Boating
Description:
Prohibits the use of plastic objects on any boat registered in
the State; establishes a working group to develop rules for
subsistence fishing; provides a tax credit for items purchased
to comply with the prohibition.
2010-0048 SB SMA.doc
1l111l111l1l1lll1l101111111111lll llllllllllllllllllllll lllllllllllllllll

[fisher dude]

so what about a kayak? mono fishng line change to cable? all metal paddles? theres plastic parts on every boat hardware, some steering wheels, seats. I dont think most of the rubbish is from fisherman i think its from runoff from rivers and streams dumping into the ocean i deffenetly think someone should clean up all that plastic floating around as big as the U.S.. were do you start? I dont think no plastic on boats is the answer..... Rediculous!

[roadwarriorsvt]

I better sell my pole holders while they are still legal!! This is just another example of special interest groups pulling the wool over the legislatures eyes..... (again).

[BASSTRACKER]

idiots! 90% of that garbage is landbased! ever see pics of that garbage patch? alot is fishing nets and stuff, but alot is stuff youd never see on a boat. look at our little lake, how much of that garbage is from us boaters?? ya think any of our elected officials have a clue? what next ban stinky people from buses?!!!

[Stan Wright]

Life is tough, but it's tougher when you're stupid.

[Ahnkochee]

Fishing rods are made from a plastic composite reinforced with fiberglass or carbon graphite. Do we have to revert back to bamboo cane construction rod and all metal reels. Most boats are made from fiberglass reinforced polyester a plastic. CLUELESS environMENTAList.
Higher ups in DLNR so lame they'll back this bill up without wiggling a single neuron.