CONFERENCE COMMITTEE REP. NO. 121

Honolulu, Hawaii

, 2005

RE: S.B. No. 1262

S.D. 1

H.D. 2

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1262, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE WAIANAE COAST,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to:

(1) Place a moratorium on the issuance of state small boat harbor permits for ocean use activities until the boundaries of an ocean recreational management area from Kalaeloa Point to Kaena Point are determined and rules are adopted; and

(2) Require the Department of Land and Natural Resources to prepare a baseline environmental study to assist in the drafting of ocean recreational management area rules for the aforementioned area.

The proliferation of commercial ocean recreation activities between Kalaeloa and Kaena Point has impacted longtime commercial and subsistence fishing activities and other traditional public uses of the area. Because the area may soon be unable to reasonably accommodate the number of activities and users, your Committee believes that a baseline environmental study leading to a plan and rules to govern ocean activities along the Waianae Coast is needed. Your Committee also finds that a moratorium on state small boat harbor or boating facility commercial permits for vessels engaged in ocean use activities in the area, pending adoption of boundaries and rules, is a reasonable response to the current situation. Permits issued prior to the moratorium will remain valid.

Your Committee on Conference has amended this measure by:

(1) Placing the provisions in section 2, regarding the baseline environmental study and management plan and rules, in the session laws instead of codifying them in the Hawaii Revised Statutes;

(2) Removing an appropriation clause;

(3) Extending the date upon which the baseline environmental study shall be submitted to the Legislature to not later than twenty days prior to the convening of the Regular Session of 2007;

(4) Changing the effective date to upon approval; and

(5) Making technical, nonsubstantive changes for clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1262, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1262, S.D. 1, H.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

HERMINA MORITA, Co-Chair

____________________________

J. KALANI ENGLISH, Chair

____________________________

CINDY EVANS, Co-Chair

____________________________

BRIAN T. TANIGUCHI, Co-Chair