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THE SENATE |
S.C.R. NO. |
24 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE GRANT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF SUBMERGED LANDS AT LAHAINA, MAUI, FOR DIVE SITE FOR COMMERCIAL SUBMARINE TOURS.
WHEREAS, Atlantis Submarines Hawaii, LLC (Atlantis) currently operates a forty-eight-passenger submarine in the Twin Peaks area, consisting of four existing natural reefs (North, South, Keiki, and Lost Vegas); and
WHEREAS, Atlantis proposed to sink the replica whaling ship Carthaginian to create an artificial reef approximately 3,100 feet offshore of Paumana Beach Park and approximately one and one-fourth mile south of Lahaina Harbor. The water depth is approximately one hundred feet deep (sixteen fathoms); and
WHEREAS, Atlantis believes sinking the Carthaginian to create an artificial reef would: (1) alleviate pressure on existing natural reef systems from overuse; (2) promote reef and fish biomass increase for commercial and recreational users, divers; and (3) provide educational opportunities to study biomass increase over time; and
WHEREAS, monitoring surveys by the Department of Land and Natural Resources (Department) have shown that artificial reefs increase species diversity up to five times compared to a barren area, and increase fish biomass up to twenty times compared to a barren area; and
WHEREAS, the Department believes artificial reefs have been successful in increasing the fishing and diving opportunities for residents and visitors of Hawaii; and
WHEREAS, Atlantis will not limit public access to the area; and
WHEREAS, the Board of Land and Natural Resources (Board) on September 23, 2005, under agenda item K-2 approved a Conservation District Use Permit; and
WHEREAS, on December 9, 2005, under agenda item D-8, the Board authorized the direct issuance of a term, non-exclusive easement for the use of state submerged lands, subject to certain terms and conditions; and
WHEREAS, the Board granted Atlantis a right-of-entry to sink, and Atlantis did sink, the Carthaginian on December 13, 2005, because the Board did not want Atlantis to sink the Carthaginian during whale season and there was concern that the Carthaginian would not make it through another winter in Lahaina Harbor; and
WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution, before submerged public lands may be leased or easements therein granted; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to grant a term, non‑exclusive easement covering a portion of submerged lands at Lahaina, Maui, for a dive site for commercial submarine tours purposes pursuant to section 171-53, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is requested to submit a written report to the Legislature on the appraised value of the portion of the state-owned submerged lands the term, non-exclusive easement will cover, and the compensation for the easement when both of these values are determined; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and the President and Chief Executive Officer of Atlantis Submarines Hawaii, LLC.
Easement; Submerged Lands; Lahaina; Commercial Submarine Tours