STAND. COM. REP. NO. 2244

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2913
                                        S.D. 1




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

Sir:

     Your Committee on Economic Development, to which was
referred S.B. No. 2913 entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to remove language
constituting unlawful delegation of legislative authority, which
in effect gives the Kaneohe Bay Regional Council rule-making
authority, to allow the Department of Land and Natural Resources
(DLNR) more flexibility in implementing the Kaneohe Bay Master
Plan recommendations, and to repeal the Kaneohe Bay Regional
Council upon the adoption of rules based on recommendations of
the Kaneohe Bay Master Plan.

     Testimony in favor of this measure was submitted by the
Department of Land and Natural Resources, BOATS/HAWAII, Kaneohe
Bay Association of Mariners, Windward Watersports Center, Kaneohe
Bay Cruises, Inc., Hawaii Island Jet Sport Association, and two
individuals.  The Office of Hawaiian Affairs, the Kahalu`u
Neighborhood Board No. 29, and two individuals submitted
testimony in opposition.  The Environmental Center, University of
Hawai`i at Manoa submitted comments.

     Your Committee finds that Kaneohe Bay is a resource of great
importance to the State and that the efforts to resolve the
conflicts over activities in Kaneohe Bay continue to generate
controversy.  In addition, current legislation governing
activities in Kaneohe Bay is confusing, and has made it difficult

 
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for DLNR to incorporate the applicable recommendations of the
Kaneohe Bay Master Plan in revising existing rules because of
unintended adverse effects on navigation safety and resource
protection.

     Your Committee has heard the frustrations and concerns from
many of the parties involved and acknowledges the complexities of
governing activities in Kaneohe Bay.  Your Committee believes
this measure contributes to resolution of these issues.

     Your Committee has amended this measure to limit replacement
commercial vessels to an overall length of one hundred feet and
to clarify that repeal of chapter 200D, Hawaii Revised Statues,
shall take effect upon the effective date of adoption of rules.

     As affirmed by the record of votes of the members of your
Committee on Economic Development that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 2913, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2913,
S.D. 1, and be referred to the Committee on Ways and Means.

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



                                   ______________________________
                                   LORRAINE R. INOUYE, Chair

 
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