CONFERENCE COMMITTEE REPORT NO. 52

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 1296
                                  H.D. 1
                                  S.D. 1
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 1296, H.D. 1, S.D. 1, entitled:

    "A BILL FOR AN ACT RELATING TO KANEOHE BAY,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to clarify certain aspects of
the management of Kaneohe Bay by:

     (1) Limiting the number of permits the Department of Land
         and Natural Resources (DLNR) may issue for commercial
         operation of ocean use activities to the amount
         specified in the Kaneohe Bay Master Plan as it existed
         on June 21, 1993;

     (2) Requiring that all rules relating to the Kaneohe Bay
         Master Plan shall be done in accordance with sections
         4.9 and 4.10 of the Kaneohe Bay Master Plan as adopted

 
 
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         by the Office of State Planning on March 19, 1992, and
         with Chapter 91, Hawaii Revised Statutes;

     (3) Stating that any rule adopted by the DLNR that is in
         conflict with the Kaneohe Bay Master Plan must be for
         reasons of public health or safety, or resource
         protection or preservation;

     (4) Stating that if any provision of section 200-39, Hawaii
         Revised Statutes, affecting Kaneohe Bay is in conflict
         with Chapter 91, Hawaii Revised Statutes, relating to
         administrative procedure, Chapter 91 shall prevail; and

     (5) Requiring the Kaneohe Bay Regional Council to review the
         master plan and submit any amendments to DLNR by
         December, 1999.

     After careful consideration, your Committee on Conference
has amended this bill by deleting references to "section 200D-3"
from Section 1 of this measure.

     Your Committee on Conference is in accord with the intent
and purpose of H.B. No. 1296, H.D. 1, S.D. 1, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as H.B. No. 1296, H.D. 1, S.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
COLLEEN HANABUSA, Co-Chair         ROY M. TAKUMI, Chair
                                   
                                   
                                   
______________________________     ______________________________
LORRAINE R. INOUYE, Co-Chair       NESTOR R. GARCIA, Member
                                   
                                   
                                   
______________________________     ______________________________
CAROL FUKUNAGA, Co-Chair           HERMINA MORITA, Member

 
 
 
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______________________________     ______________________________
ANDREW LEVIN, Co-Chair             BRIAN SCHATZ, Member
                                   
                                   
                                   
______________________________     ______________________________
JONATHAN CHUN, Member              COLLEEN MEYER, Member



______________________________
M. IGE, Member



______________________________
BOB NAKATA, Member



______________________________
JOE TANAKA, Member



______________________________
WHITNEY ANDERSON, Member