Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.C.R. No. 18 entitled:

begs leave to report as follows:

The purpose of this resolution is to seek prior approval of the Legislature to permit the lease of an easement for submerged lands at Lahaina, Maui for pier and deck purposes.

The Department of Land and Natural Resources testified in support of this measure.

Your Committee finds that in 1988, Patrick J. Ballenger and Mariana Van Blom, applicants, requested after-the-fact approvals for a wooden 3-level deck and concrete pilings which extends seaward from the applicant's property and used as part of the Lahaina Fish Company Restaurant. This structure has been in place since the 1920's or 1930's.

In 1989 the Board of Land and Natural Resources approved both a conservation district use application and the issuance of a term, non-exclusive easement for the state submerged lands.

This resolution is requested as required under section 171-53, HRS.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 18 and recommends that it be referred to the Committee on Finance.