Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water, Land, Energy and Environment, to which was referred S.C.R. No. 21 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the Board of Land and Natural Resources to lease an easement covering a portion of submerged lands at Lahaina, Maui, Hawaii, for concrete pier and deck purposes pursuant to Section 171-53, Hawaii Revised Statutes.

Testimony in support of this measure was received from the Department of Land and Natural Resources.

Your Committee has heard that in 1988, Patrick J. Ballenger and Mariana Von Blom, Applicants, requested after-the-fact approvals for a concrete pier and deck encroachment on state submerged lands at Lahaina. The deck, extending forty feet seaward from the Applicant’s property, is used as part of the Lahaina Fish Company restaurant. 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 measure will allow for the direct lease of the easement for submerged lands as required under Section 171-53, Hawaii Revised Statutes.

As affirmed by the record of votes of the members of your Committee on Water, Land, Energy and Environment that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 21 and recommends that it be referred to the Committee on Ways and Means.