CONFERENCE COMMITTEE REPORT NO. 26

                            Honolulu, Hawaii
                                            , 2000

                            RE:   H.B. No. 2572
                                  H.D. 1
                                  S.D. 2
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
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. 2572, H.D. 1, S.D. 2, 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 address matters relating to
the roles of the Kaneohe Bay Master Plan (Plan), the Kaneohe Bay
Regional Council (Council), and the Department of Land and
Natural Resources (DLNR) in the management of Kaneohe Bay.

     This bill provides DLNR with flexibility in the management
of Kaneohe Bay by:

     (1) Repealing the Council upon the adoption of rules by DLNR
         relating to ocean use activities within Kaneohe Bay
         based on recommendations in the Plan;

 
 
 
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     (2) Requiring DLNR, in adopting rules, to consider but not
         be bound by the criteria and general management
         principles in certain sections of the Plan;

     (3) Limiting the permits issued by DLNR for the commercial
         operation of ocean use activities to only the number,
         permit type, and passenger capacity provided in the
         Plan; and specifying that in issuing these permits, DLNR
         must comply with these provisions of the Plan until it
         has adopted applicable rules; and

     (4) Deleting provisions that authorize the Council to amend
         the Plan.

     Your Committee on Conference has amended this bill by:

     (1) Reinstating the requirement that in issuing its
         commercial permits, DLNR shall also be limited to the
         locations and vessel capacity provided in the Plan;

     (2) Requiring that with regard to the provisions of the
         Plan:

         (a)  Previously adopted by the Legislature, the rules
              shall be in accordance with those provisions; and

         (b)  Not previously adopted by the Legislature, the Plan
              shall be used as a recommended guideline in the
              development of rules;

     (3) Deleting the provisions to repeal the Council;

     (4) Authorizing DLNR to relocate a permitted use activity
         for safety or environmental reasons;

     (5) Giving DLNR the discretion to permit vessel substitution
         with a similar length vessel, provided that the increase
         is not greater than ten percent of the current vessel
         length; and

     (6) Making technical, nonsubstantive amendments for the
         purpose of clarity.

 
 
 
 
 
 
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     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of H.B. No. 2572, H.D. 1, S.D. 2, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as H.B. No. 2572, H.D. 1, S.D. 2, C.D. 1.

                                   Respectfully submitted on
                                   behalf of the managers:

  ON THE PART OF THE SENATE          ON THE PART OF THE HOUSE
                                   
                                   
                                   
                                   
______________________________     ______________________________
LORRAINE R. INOUYE, Co-Chair       ROY M. TAKUMI, Co-Chair
                                   
                                   
                                   
                                   
______________________________     ______________________________
COLLEEN HANABUSA, Co-Chair         BRIAN SCHATZ, Co-Chair




______________________________
ANDREW LEVIN, Co-Chair





______________________________
CAROL FUKUNAGA, Co-chair