STAND. COM. REP. NO. 1595

 

Honolulu, Hawaii

                  

 

RE:    H.C.R. No. 143

       H.D. 1

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committees on Transportation and International Affairs and Energy and Environment, to which was referred H.C.R. No. 143, H.D. 1, entitled:

 

"HOUSE CONCURRENT RESOLUTION REQUESTING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO EXEMPT CERTAIN CORAL SPECIES IN ALL COMMERCIAL HARBORS IN THE STATE OF HAWAII FROM RECLASSIFICATION UNDER A PROPOSED FEDERAL RULE CHANGE,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to request the President of the United States and the United States Congress to exempt certain coral species in all commercial harbors in the State of Hawaii from reclassification under a proposed federal rule change.

 

     Your Committees received testimony in support of this measure from the Department of Transportation, Matson Navigation Company, Young Brothers, Horizon Lines, and Ocean Tourism Coalition.  Your Committees received testimony in opposition to this measure from the Department of Land and Natural Resources, Conservation Council for Hawaii, Center for Biological Diversity, and five individuals.  Your Committees received comments on this measure from one individual.

 

     Your Committees find that Hawaii is critically dependent upon ocean transportation and commerce that occurs through the State's commercial harbors.  The proposed rule for reclassification of coral species includes two species, Montipora patula and Montipora flabellate, which are the fourth and fifth most abundant coral in the waters surrounding Hawaii.  This measure seeks to have these two flourishing coral species within all harbors in the State of Hawaii exempted from reclassification under the proposed rule to ensure that there are no significant impacts to harbor operations.

 

     Your Committees have amended this measure on the recommendation of the Department of Land and Natural Resources by:

 

     (1)  Addressing the request to the National Oceanic and Atmospheric Administration (NOAA), instead of the President of the United States and the United States Congress, since NOAA makes the rules pertaining to this measure;

 

     (2)  Clarifying that the requested rule change is to apply to all state waters, particularly commercial harbors;

 

     (3)  Changing the title accordingly to read:

 

          "REQUESTING THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION TO EXEMPT CERTAIN CORAL SPECIES IN ALL STATE WATERS, PARTICULARLY COMMERCIAL HARBORS, FROM RECLASSIFICATION UNDER A PROPOSED FEDERAL RULE CHANGE"; and

 

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the records of votes of the members of your Committees on Transportation and International Affairs and Energy and Environment that are attached to this report, your Committees concur with the intent and purpose of H.C.R. No. 143, H.D. 1, as amended herein, and recommend its adoption in the form attached hereto as H.C.R. No. 143, H.D. 1, S.D. 1.

 


Respectfully submitted on behalf of the members of the Committees on Transportation and International Affairs and Energy and Environment,

 

____________________________

MIKE GABBARD, Chair

 

____________________________

J. KALANI ENGLISH, Chair