STAND. COM. REP. NO.1079

Honolulu, Hawaii

, 2001

RE: S.B. No. 216

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Water and Land Use and Transportation, to which was referred S.B. No. 216 entitled:

"A BILL FOR AN ACT RELATING TO WATERCRAFT,"

beg leave to report as follows:

The purpose of this bill is to enhance maritime safety by requiring all vessels operating in state waters to be equipped with a properly functioning emergency position indicating radio beacon (EPIRB). Canoes, surfboards, and paddleboards are exempted from this requirement.

The Department of Land and Natural Resources, the Hawaii Ocean Safety Team, and two individuals supported this bill with amendments. Paradise Cruise, Ltd., Go Bananas Hawaii, Inc., the Hawaii Motorcycle Dealers Association, Hui Wa'a Kaukahi, and three individuals offered comments. BOATS Hawaii opposed passage of this measure.

Your Committees find that the cost of an EPIRB may be prohibitive, ranging from $800 to $1,300. According to testimony, the Coast Guard does not require smaller commercial fishing vessels to have EPIRBs provided they operate within 20 miles of land and are equipped with a VHF radio.

Your Committees have amended this bill by:

(1) Specifying that a marine VHF-FM radio may serve as an alternative to an EPIRB;

(2) Exempting vessels that operate less than one mile from shore from these requirements;

(3) Exempting certain non-mechanical vessels, including kayaks, from the same requirements, provided that these vessels are continuously escorted by a mechanically-powered vessel that is equipped with a marine VHF-FM radio or an EPIRB while operating more than one mile from shore;

(4) Clarifying the definition of an EPIRB;

(5) Re-stating the findings provisions of section 1; and

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

As affirmed by the records of votes of the members of your Committees on Water and Land Use and Transportation that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 216, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 216, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Water and Land Use and Transportation,

____________________________

JOSEPH M. SOUKI, Chair

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EZRA KANOHO, Chair