HRS §190D-2
Why Hawaii has rules for leasing ocean waters
This section explains why the state has a law about leasing its ocean waters. It says Hawaii owns and controls these waters and the resources in them. The law sets up a process for leasing so people can use the water for things like energy, minerals, food, and space, and it protects approved uses.
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The statute, as written — Findings and purpose
Article XI of the constitution of the State of Hawaii relating to the conservation, control, and development of resources, provides in section 6 that the State shall have the power to manage and control the marine, seabed, and other resources located within the boundaries of the State, including its archipelagic waters, and reserves to the State all such rights outside state boundaries not specifically limited by federal or international law. The legislature finds that the State's marine waters offer the people of Hawaii sources of energy, minerals, food, and usable space. The legislature further finds that the proper management and development of these ocean resources require defined rights of usage and tenure. The purpose of this chapter is to establish procedures for the leasing of state marine waters and to guarantee property rights and protection for any activities approved under these procedures.
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