STAND. COM. REP. NO. 3043

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.C.R. No. 66
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Water, Land, and Hawaiian Affairs, to
which was referred S.C.R. No. 66 entitled:

     "SENATE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF
     LAND AND NATURAL RESOURCES TO REVIEW CURRENT STATUTES TO
     DETERMINE WHETHER IT IS ILLEGAL AND WHETHER IT SHOULD BE
     ILLEGAL TO REMOVE AND SELL SAND FROM PUBLIC BEACHES,"

begs leave to report as follows:

     The purpose of this measure is to request that the
Department of Land and Natural Resources review current statutes
to determine whether it is illegal and whether it should be
illegal to remove and sell sand from public beaches.

     The Department of Land and Natural Resources did not support
the adoption of the measure due to anticipated problems with
enforcement and the lack of personnel to monitor such takings.

     Your Committee finds that state coastal zone management laws
prohibit the taking of sand from shoreline areas except for
personal, noncommercial use of one gallon per person per day.
Unfortunately, there have been reports that sand from the Punaluu
Black Sand Beach on the island of Hawaii is being removed and
sold to tourists by commercial operators.  This unlawful taking
of sand is in contravention of existing statutes and, if done on
a large scale, could jeopardize the quality of the State's
beaches as a natural resource.


 
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     Your Committee is also cognizant of the concerns raised by
the Department of Land and Natural Resources.  Enforcement of
existing statutes regulating the taking of sand from public
beaches for noncommercial purposes, although well-intended, are
indeed difficult to enforce.  However, your Committee believes
that the adoption of this measure would at very least bring the
affected parties to the table to address the concerns of everyone
involved and provide a mechanism by which to resolve this issue
in an amicable, nonlitigious, environment.

     As affirmed by the record of votes of the members of your
Committee on Water, Land, and Hawaiian Affairs that is attached
to this report, your Committee concurs with the intent and
purpose of S.C.R. No. 66, and recommends that it be referred to
the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Water, Land, and
                                   Hawaiian Affairs,



                                   ______________________________
                                   COLLEEN HANABUSA, Chair

 
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