WHEREAS, this justification ensures that systems and procedures are in place to safeguard our harbors to allow the safe and continuous flow of commerce and the operation of systems in a safe and prudent manner; and

WHEREAS, Hawaii's neighbor island harbor system is a vital link in the supply of food, energy, and other essential supplies; and

WHEREAS, a grounding, collision, or other casualty involving a large ship in the harbor area would have serious consequences for all residents on the affected island; and

WHEREAS, such a casualty would likely result in closure of the harbor, with a resultant interruption of shipping to and from the affected island; and

WHEREAS, historically, interruptions in the inter-island transportation system have resulted in shortages of essential supplies; and

WHEREAS, the consequences of any casualty would be magnified due to modern inventory management practices of "just in time" ordering of foodstuff and other essential supplies which are no longer stockpiled to the extent that they were years ago; and

WHEREAS, one of the most effective means to reduce the risk of shipping casualties, such as groundings and collisions, is to ensure the adequate use of tug boats to assist large ships entering and departing harbors; and

WHEREAS, federal and state regulatory bodies, maritime industry professionals, and public safety groups have expressed concern about ensuring adequate tug assist support for large ships in Hawaii's neighbor island ports; and

WHEREAS, the Hawaii Ocean Safety Team (HOST) in 1997 created Safe Operating Practice 397, a guide on tug assist recommendations for large ships calling on Hawaii's neighbor islands, which was created with input from all segments of the maritime industry; and

WHEREAS, section 19-42-83, Hawaii Administrative Rules (HAR), provides state general guidelines for movements of large vessels (six hundred feet in length or more), including tug assist requirements in ports other than Honolulu Harbor; and

WHEREAS, the HOST guidelines and section 19-42-83, HAR, recommend that all large vessels six hundred feet in length or more use at least one assist tug for all movements in neighbor island ports; and

WHEREAS, most ships, in the interest of port safety, have complied with the one assist tug recommendation, but there are some instances of ships not being in compliance by entering and departing ports without any tug assistance; and

WHEREAS, section 266-3, Hawaii Revised Statutes, grants the Department of Transportation the power to adopt rules concerning harbor use and traffic, including shipping in the commercial harbors; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that the Department of Transportation is urged to amend section 19-42-83, HAR, to require the use of at least one assist tug for all ships six hundred feet in length or more; and

BE IT FURTHER RESOLVED that all harbor users are urged to comply with the HOST minimum tug recommendations, and that local tug service providers are urged to ensure that modern tugs with adequate power are stationed in the neighbor island ports; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Director of Transportation, Neighbor Island Harbors Division District Managers, Hawaii Ship Agents Association, ILWU, Hawaii Pilots Association, Director of Commerce and Consumer Affairs Port Pilot Program, Hawaiian Tug and Barge Company, Sause Brothers Tug and Towing Company, Matson Navigation Company, North West Cruise Ship Association, Smith Maritime Services, American Marine Services Group, Maritime Port Council, and Hawaii's Congressional Delegation.

Report Title:

Harbor Congestion