STAND. COM. REP. NO. 2976

                                   Honolulu, Hawaii
                                                     , 2000

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




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Economic Development and Water, Land, and
Hawaiian Affairs, to which was referred H.B. No. 2572, H.D. 1,
entitled: 

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

beg leave to report as follows:

     The purposes of this measure are to:

     (1)  Limit the number of permits for commercial operations
          to the number and locations, permit type and vessel and
          passenger capacity provided in the Kaneohe Bay master
          plan until applicable rules are adopted by the
          Department of Land and Natural Resources;

     (2)  Require rules to be adopted pursuant to chapter 91,
          Hawai Revised Statutes (HRS);

     (3)  Require all rules to follow the criteria and general
          management concepts set forth in the master plan and
          not inconsistent with specific provisions of the master
          plan;

     (4)  Authorize the Kaneohe Bay regional council to recommend
          changes to the master plan, subject to the approval of
          the lead agency; and


 
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     (5)  Authorize the regional council to include recommended
          changes to the master plan in its annual report.

     Testimony in favor of this measure was submitted by the
Office of Hawaiian Affairs, Kaneohe Bay Regional Council, and
five individuals.  The American Watercraft Association,
BOATS/Hawaii, and eight individuals submitted testimony in
opposition.  The Department of Land and Natural Resources,
Kaneohe Bay Cruises, Inc., and one individual submitted comments.

     Your Committees find that certain parts of the master plan
have already been implemented into law, and to the extent that
they are, the rules should follow the law.  Your Committees are
concerned, however, that for those parts of the plan that have
not been implemented or adopted into law, the department should
have the authority to adopt such rules as they determine
necessary, subject to chapter 91, HRS.

     Your Committees have amended this measure accordingly, to
delete the content of this bill and replace it with the language
in S.B. No. 2913.  As amended, this measure:

     (1)  Deletes location and vessel capacity from permit
          criteria; and

     (2)  Requires the department to adopt rules in accordance
          with those provisions of the master plan previously
          adopted by the legislature, and authorizes the
          department to consider criteria and general management
          principles in section 4.9 and 4.10 of the master plan
          when adopting rules pursuant to chapter 91, HRS, for
          those provisions not previously adopted by the
          legislature.

     As affirmed by the records of votes of the members of your
Committees on Economic Development and Water, Land, and Hawaiian
Affairs that are attached to this report, your Committees are in
accord with the intent and purpose of H.B. No. 2572, H.D. 1, as
amended herein, and recommend that it pass Second Reading in the
form attached hereto as H.B. No. 2572, H.D. 1, S.D. 1, and be
referred to the Committee on Ways and Means.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Economic
                                   Development and Water, Land,
                                   and Hawaiian Affairs,



____________________________       ______________________________
COLLEEN HANABUSA, Chair            LORRAINE R. INOUYE, Chair

 
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