Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 691, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to establish administrative and criminal penalties for violations of statutory provisions or rules relating to the statewide trails and access program.

Your Committee received written testimony from the Board of Land and Natural Resources.

Your Committee finds that there is increasing multiple pressure – both public and commercial – for imposing penalties for misuse of trails and access roads administered and regulated through Na Ala Hele, the Statewide Trail and Access Program. A commercial permit process has been established to allow for and regulate ecotours, but compliance has been problematic. The vendors with commercial permits have abided by permit regulations but there are a large number of ecotour operators conducting tours on Na Ala Hele features that have not applied for or received a permit.

Your Committee further finds that when the Na Ala Hele program was established through chapter 198D, Hawaii Revised Statutes, a penalty section was not included. Now that the program is over ten years old and has evolved from a development phase to more of a management and regulatory phase, the necessity for penalties has become evident to protect public trust trails and access roads from inappropriate or excessive use.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 691, H.D. 1, and recommends that it pass Third Reading.