STAND. COM. REP. NO. 714
Honolulu, Hawaii
, 2005
RE: S.B. No. 1301
S.D. 2
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 1301, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO OCEAN RECREATION,"
begs leave to report as follows:
The purpose of this measure is to clarify the Department of Land and Natural Resources' authority over commercial activities in the Waianae coast area.
Testimony in support of this measure was submitted by the Department of Land and Natural Resources (Department), Office of Hawaiian Affairs, Hawaii Boaters Political Action Association, Save Diamond Head Waters, and six individuals.
Few sectors of the tourism industry have experienced the same level of growth in a concentrated period of time as ocean-based commercial operations. As the popularity of interacting with ocean resources increases, commercial operations face the challenge of providing a service while respecting other users and the environment.
Your Committee finds that the Waianae coast area has been experiencing difficulty balancing the competing interests between dolphin tour operations and akule fisheries. This measure:
(1) Clarifies the Department's authority over commercial activities in state waters in the Waianae coast area; and
(2) Requires the Department to consider user conflicts, address environmental concerns, and balance the commercial activities along the coastline when determining whether to issue permits for commercial ocean activities.
Your Committee has amended this measure by adopting the Department's amendments to:
(1) Create an ocean recreation management area for west Oahu between the Honolulu International Airport reef runway and Kaena point; and
(2) Allow rather than require the Department to reissue withdrawn or revoked commercial activities permits.
Your Committee has further amended this measure by:
(1) Limiting the number of permits for the Waianae coast area to the number of permits issued as of January 1, 2005;
(2) Allowing the Department to adopt administrative rules pursuant to chapter 91, Hawaii Revised Statutes, for both the ocean recreation management area and the commercial permits in the Waianae coast area; and
(3) Making technical, nonsubstantive changes for style, clarity, and consistency.
Your Committee also noted concerns that user conflicts in coastal areas are not localized just in Waianae. Rather, it is a problem that is affecting ocean recreation and commercial activities on many shores on most of the islands, indicating that these problems are endemic throughout the State. Therefore, your Committee notes that a statewide review of all shores may eventually be necessary in order to manage problems between competing user interests.
As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1301, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1301, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,
|
____________________________ RUSSELL S. KOKUBUN, Chair |
||