HCR58 HD1

WHEREAS, the waters around the islands of Hawaii are enjoyed by residents, tourists, sports enthusiasts, and recreational users, and provide an essential habitat for many kinds of animals, whether birds, fish, or mammals; and

WHEREAS, the ocean resources of the State of Hawaii include the waters of the Hawaiian Islands Humpback Whale National Marine Sanctuary, created pursuant to the Hawaiian Island National Marine Sanctuary Act, Title II, Subtitle C, Public Law 102-587, herein referred to as the "Whale and Marine Sanctuary"; and

WHEREAS, the Whale and Marine Sanctuary adjoins portions of all of the Hawaiian islands of Kauai, Oahu, Maui, Molokai, Hawaii, and Lanai; and

WHEREAS, the waters of the Whale and Marine Sanctuary are relatively shallow, calm, protected waters, and are a critical habitat in winter months of the endangered North Pacific humpback whales; and

WHEREAS, critically endangered humpback whales breed, calve, and nurse their young in the Whale and Marine Sanctuary; and

WHEREAS, the Whale and Marine Sanctuary provides an important habitat for other endangered and protected species, including green sea turtles, hawksbill sea turtles, monk seals, and others; and

WHEREAS, the waters of the Whale and Marine Sanctuary include complex ecosystems of marine life populations and reefs that are fragile and under stress from human activities; and

WHEREAS, the waters of the Whale and Marine Sanctuary include areas previously designated for preservation of wildlife by the State of Hawaii, including the Molokini Shoal Marine Life and Bird Conservation District, Honolua-Mokule‘ia Marine Life Conservation District, Manele-Hulopo‘e Marine Life Conservation District, Hanauma Bay Marine Life Conservation District, Pupukea Marine Life Conservation District, Lapakahi Marine Life Conservation District, Waialea Bay Marine Life Conservation District, and the marine portion of the ‘Ahihi-Kina‘u Natural Area Reserve; and

WHEREAS, the economy of Hawaii benefits from the tourism industry that, in turn, relies upon the ocean's resources, including the waters within the Whale and Marine Sanctuary; and

WHEREAS, residents and tourists alike enjoy the resources located within the Whale and Marine Sanctuary in a variety of ways, including snorkeling, diving, fishing, kayaking, canoeing, and wildlife observation tours; and

WHEREAS, human activities in the waters surrounding Hawaii and in particular within the Whale and Marine Sanctuary have increased dramatically in recent years; and

WHEREAS, governmental agencies have received an increasing number of complaints from Hawaii residents and from tourists about tour boat operators' practice of dumping concentrated human sewage into the waters surrounding Hawaii and in particular into the waters within the Whale and Marine Sanctuary; and

WHEREAS, the County of Maui has declared, by Council Resolution adopted February, 2006, that "...it is imperative that dumping of raw sewage and chemical contaminants into our ocean cease immediately, and that our precious marine ecosystem, which our residents and tourism industry cherish and depend on, be protected..."; and

WHEREAS, the County of Maui has taken the initiative in this problem and provided funds for vessel operators to be reimbursed for pumping sewage contents at Ma‘alaea Harbor via mobile pump trucks that haul away the sewage for land-based treatment; and

WHEREAS, other governmental agencies have pledged additional funds for mobile dock-side pump trucks to haul vessel sewage to land-based treatment facilities; and

WHEREAS, mobile dock-side pump trucks are available at other harbors within Maui and Hawaii counties; and

WHEREAS, the State of Hawaii has provided permanent land-based sewage treatment facilities at certain harbors; and

WHEREAS, the State of Hawaii has prohibited the dumping of most vessel sewage within state waters; and

WHEREAS, the United States government can and should prohibit dumping sewage into federal waters in the vicinity of the islands of Hawaii and particularly into the waters of the Whale and Marine Sanctuary by creating a no-discharge zone, pursuant to the Clean Water Act, 33 United States Code section 1251 et seq. and by adopting appropriate rules pursuant to 16 United States Code section 1431 et seq.; and

WHEREAS, residents of Hawaii have requested a no-discharge zone for the waters of the Whale and Marine Sanctuary and were informed that pursuant to the Clean Water Act, the United States Congress is required to receive a request for a no-discharge zone from the State of Hawaii in order for the Environmental Protection Agency to create a no-discharge zone for federal waters; and

WHEREAS, the Environmental Protection Agency is requested to consider an application for a no-discharge zone from the State of Hawaii if made pursuant to the Clean Water Act; and

WHEREAS, residents of Hawaii have requested that laws and rules designed to prohibit the dumping of sewage by tour vessels within state waters, federal waters in the vicinity of the Hawaiian islands, and in particular within the Whale and Marine Sanctuary, be enacted and adopted, and specific laws and rules have not been instituted; and

WHEREAS, the State of Hawaii's representative serves as co‑manager of the Whale and Marine Sanctuary; and

WHEREAS, the United States Department of Commerce is the federal agency responsible for the administration of the Whale and Marine Sanctuary, and the Environmental Protection Agency is the federal agency responsible for administration of the Clean Water Act; and

WHEREAS, the sewage dumped in federal waters in the vicinity of the Hawaiian islands and in particular within the Whale and Marine Sanctuary impacts the health, welfare, and enjoyment of Hawaii residents and visitors; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the United States Congress is respectfully requested to prohibit the dumping of vessel sewage in federal waters in the vicinity of the island of Hawaii and especially within the boundaries of the Hawaiian Islands Humpback Whale National Marine Sanctuary, by creation of a no‑discharge zone pursuant to the Clean Water Act, 33 United States Code section 1251 et seq., and by requiring appropriate federal executive agencies to adopt necessary regulations pursuant to 16 United States Code section 1431 et seq. to ensure proper administration, management, and enforcement of applicable laws; and

BE IT FURTHER RESOLVED that the Hawaii Department of Land and Natural Resources and other state agencies and personnel, including the Hawaii co-manager of the Hawaiian Islands Humpback Whale National Marine Sanctuary, are requested to cooperate, assist, and encourage efforts to prohibit dumping of vessel sewage into federal waters in the vicinity of the islands of Hawaii and the Hawaiian Islands Humpback Whale National Marine Sanctuary; and

BE IT FURTHER RESOLVED that the Division of Boating and Ocean Recreation of the Department of Land and Natural Resources is requested to develop a plan to implement so called "pump-don't dump" stations, where mobile pump trucks pump sewage from vessels and transport the sewage to land-based sewage treatment facilities; and

BE IT FURTHER RESOLVED that the Division of Boating and Ocean Recreation is requested to submit a report of its findings and recommendations, including suggested legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2008; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Majority Leader of the United States Senate, the Speaker of the United States of House of Representatives, the United States Secretary of Commerce, the Administrator of the Environmental Protection Agency, the members of Hawaii's Congressional delegation, the co-managers of the Hawaiian Islands Humpback Whale National Marine Sanctuary, the Governor, and the Chairperson of the Board of Land and Natural Resources.

Report Title:

Prohibit Dumping of Vessel Sewage; Waters Surrounding State; Hawaiian Islands Humpback Whale National Marine Sanctuary

HOUSE OF REPRESENTATIVES	H.C.R. NO.	58
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII