HOUSE OF REPRESENTATIVES

H.C.R. NO.

249

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

Requesting the department of land and natural resources to reevaluate the boundaries of the hilo bay recreational thrill craft zone.

 

 

WHEREAS, many of the jet ski owners and users in Hilo have raised safety issues concerning the designated Hilo Bay Recreational Thrill Craft Zone (Zone); and

WHEREAS, pursuant to section 13-256-141, Hawaii Administrative Rules, the boundaries of the Zone are defined as follows:

"Beginning at a point at the low water mark which is three thousand six hundred feet east of the tip of Hilo Breakwater; then by azimuth measured clockwise from True South, 005 degrees for a distance of one thousand one hundred feet; 095 degrees for a distance of three thousand nine hundred feet; 185 degrees for a distance of two thousand feet; 275 degrees for a distance of one thousand one hundred feet; 005 degrees to the low water mark on the seaward side of the breakwater; then along the low water mark to the point of beginning.";

and

WHEREAS, since the Zone is nearly one mile away from the shoreline, thrill craft users must traverse a great distance to enter the Zone; and

WHEREAS, the distance poses a hazard to users who may encounter equipment failure on their way to or from the Zone, or who may need medical assistance if they are injured in the Zone, because of the difficulty in attracting the attention of persons on shore or on other vessels; and

WHEREAS, the designated area is also along the break wall at the mouth of the bay, an area where "rogue wave" accidents have occurred, claiming the lives of opihi pickers, fishermen, and others who frequent the area; and

WHEREAS, in determining the boundaries of the Zone, the Department of Land and Natural Recourses (DLNR), Division of Boating and Ocean Recreation, held a series of public hearings in the late 1980s and early 1990s as part of efforts to develop a regulatory strategy that balances the needs of all recreational users; and

WHEREAS, based on its findings, DLNR adopted the rule establishing the boundaries of the Zone in 1994; and

WHEREAS, since the adoption of the rule, the number of thrill craft users in Hilo has increased significantly while the recreational needs of other citizens, such as canoe paddlers and small boat enthusiasts, have changed; moreover, port security requirements have also changed since September 11, 2001; and

WHEREAS, there is a need for DLNR to reevaluate this rule to ensure that the boundaries of the Zone balance the recreational needs and safety concerns of all users; and

WHEREAS, in 2002, DLNR submitted a report to the Legislature re-evaluating the boundaries of the Zone, pursuant to House Concurrent Resolution No. 56 (2001); and

WHEREAS, because no rule amendments were adopted and recreational and safety conditions may have changed since 2001, it is appropriate and timely to reassess the need to redraw the boundary lines of the Zone; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that DLNR is requested to reevaluate the existing boundaries of the Zone; and

BE IT FURTHER RESOLVED that DLNR take reasonable steps to obtain public comment from all segments of Hilo Bay's recreational users, including recreational thrill craft users, outrigger canoe clubs, and other recreational boating interests; and

BE IT FURTHER RESOLVED that DLNR submit to the Legislature a status report of its efforts at least 20 days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and the Hawaii Powerboat Recreation Association.

 

 

OFFERED BY:

_____________________________

Report Title:

Hilo Bay Recreational Thrill-Craft Zone