STAND. COM. REP. NO. 248

Honolulu, Hawaii

, 2005

RE: S.B. No. 1301

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Business and Economic Development, to which was referred S.B. No. 1301 entitled:

"A BILL FOR AN ACT RELATING TO OCEAN RECREATION,"

begs leave to report as follows:

The purpose of this measure is to clarify the Department of Land and Natural Resources' authority over commercial dolphin-watching tours in state waters and protect dolphins and other offshore marine wildlife in the Waianae coast area by imposing a moratorium on the issuance of additional dolphin-tour operations permits.

Your Committee received testimony in support of this measure from two individuals. Testimony in opposition was received from the Department of Land and Natural Resources, the Office of Hawaiian Affairs, and the Ocean Tourism Coalition.

Your Committee finds that restricting the number of permits issued by the Department of Land and Natural Resources on the Waianae coast of Oahu issued to commercial activities operations is necessary to protect the environment and other ocean users' rights. Your Committees recognize the inherent difficulties in establishing an appropriate and effective response to the impact on marine resources.

In response to concerns raised regarding the potential conflict with federal law, and with the objective of effectuating a workable solution for all user groups along the Waianae coast, your Committee has amended this measure by:

(1) Deleting references to dolphin tours and replacing them with commercial activities;

(2) Clarifying that permits for commercial ocean activities issued by the Department of Land and Natural Resources shall be limited to avoid user conflicts, address environmental concerns, and balance the level of commercial activities originating from the harbors, marinas, and beaches along the Waianae coastline;

(3) Requiring the department to establish an ocean recreation management area; and directing the department to commence its establishment no later than June 30, 2005;

(4) Authorizing the Department of Land and Natural Resources to adopt necessary rules pursuant to chapter 91, Hawaii Revised Statutes;

(5) Implementing a sunset provision to repeal the department's issuance of commercial activities permits upon the effective date of rules adopted by the department in conjunction with the ocean recreation management area; and

(6) Incorporating technical, non-substantive amendments for the purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Business and Economic Development that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1301, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1301, S.D. 1, and be referred to the Committee on Water, Land, and Agriculture.

Respectfully submitted on behalf of the members of the Committee on Business and Economic Development,

____________________________

WILL ESPERO, Chair