SR71

WHEREAS, the Hawaiian Islands Humpback Whale National Marine Sanctuary was congressionally designated by the Hawaiian Islands National Marine Sanctuary Act on November 4, 1992, for the purpose of protecting humpback whales and their habitat within the sanctuary; and

WHEREAS, it is the mission of the Sanctuary to educate the public on the relationship of humpback whales and the Hawaiian Islands marine environment and to manage human uses of the sanctuary consistent with the Hawaiian Islands National Marine Sanctuary Act and the National Marine Sanctuary Act; and

WHEREAS, the protected waters of the Sanctuary are where critically endangered North Pacific humpback whales breed, calve, and nurse their young in winter months; and

WHEREAS, other endangered and protected species, such as green sea turtles, hawksbill sea turtles, and monk seals rely on the Sanctuary waters for essential habitation; and

WHEREAS, the Sanctuary is also home to complex ecosystems of marine life and reefs that are found nowhere else on earth that are fragile and under stress from human activities; and

WHEREAS, the Sanctuary includes areas previously designated for the 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, Hawaii's economy is sustained by the tourist and fishing industries which rely on the ocean's resources, including the waters within the Hawaiian Islands Humpback Whale National Marine Sanctuary, for snorkeling, diving, fishing, kayaking, canoeing, and wildlife observation tours; and

WHEREAS, these activities have significantly and negatively impacted Hawaii's ocean environment, causing deterioration of the ocean environment most dramatically in recent years with the increase in tour boat and fishing operations to serve the influx of tourism in Hawaii; and

WHEREAS, a significant contributor to the ocean environment's deterioration is the dumping of raw sewage by the operators of these activities; and

WHEREAS, currently, the State of Hawaii allows boats and tour operators to dump raw sewage three miles offshore; and

WHEREAS, this is not only destructive to the ocean environment, but is detrimental to the public health; and

WHEREAS, governmental agencies have received increased numbers of complaints from Hawaii residents, mainland tourists, and tourists from other countries about the practice of tour boat operators dumping concentrated human sewage into the waters of the Sanctuary; and

WHEREAS, the increased number of complaints have developed as a result of tourists and residents witnessing raw sewage slicks in the waters where they are swimming; 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 tourist industry cherish and depend on, be protected. . ."; and

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

WHEREAS, currently, the only small boat harbors with pump out stations in Hawaii are the Lahaina Small Boat Harbor, Nawiliwili Small Boat Harbor, and Rainbow Bay Marina; and

WHEREAS, the pump out station in Lahaina is located on a busy dock, used by the ferry and by vessels carrying passengers to and from cruise ships; and

WHEREAS, for most boaters, this pump out station is inaccessible for much of the day; and

WHEREAS, many other states have taken advantage of the federal funding provided by the Clean Vessel Act of 1992, which recognized the need to protect our nation’s waters from such dumping, and provided funds to the states for the construction, renovation, operation, and maintenance of pump out stations and waste reception facilities; and

WHEREAS, the United States government can and should prohibit dumping sewage into all ocean waters, especially those of the Whale and Marine Sanctuary:

(1) By rulemaking, pursuant to the enabling legislation authorizing and creating the Whale and Marine Sanctuary (The National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., as amended, and the Hawaiian Islands National Marine Sanctuary Act subtitle C, title II, Pub. L. 102-587, as amended); and

(2) By creation of a No-Discharge Zone, pursuant to the Clean Water Act (United States Code, Title 33, Chapter 26); and

WHEREAS, residents of Hawaii have requested a No-Discharge Zone for the waters of the Whale and Marine Sanctuary, and such residents were informed that no request for a No-Discharge Zone had been received from the State of Hawaii, and such residents were further informed that pursuant to the Clean Water Act, a request is required to be received from the State of Hawaii in order for the Environmental Protection Agency to create such a No-Discharge Zone; and

WHEREAS, the Environmental Protection Agency must consider a request for a No-Discharge Zone from the State of Hawaii pursuant to the Clean Water Act; and

WHEREAS, residents of Hawaii have requested the Whale and Marine Sanctuary begin rulemaking procedures designed to prohibit the dumping of sewage by tour vessels within the Whale and Marine Sanctuary, and such rulemaking procedures have not been instituted; and

WHEREAS, the 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 designating No-Discharge Zones; and

WHEREAS, the sewage dumped in federal waters within the Whale and Marine Sanctuary has a significant impact on the health, welfare, and enjoyment of the residents and visitors to Hawaii; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, that the United States Congress is respectfully requested to ensure that the dumping of raw sewage within the boundaries of the Hawaiian Islands Humpback Whale National Marine Sanctuary is prohibited; and

BE IT FURTHER RESOLVED that the Governor of the State of Hawaii is urged to request the United States Environmental Protection Agency to designate the waters within the boundaries of the Hawaiian Islands Humpback Whale National Marine Sanctuary as a No-Discharge Zone; and

BE IT FURTHER RESOLVED that the Department of Land and Natural Resources of the State of Hawaii and the manager, co-manager, and advisory council of the Hawaiian Islands Humpback Whale National Marine Sanctuary, are requested to cooperate, assist, and encourage efforts to prohibit dumping of sewage into the Hawaiian Islands Humpback Whale National Marine Sanctuary and to assist in the process of designating the waters within the boundaries of the Sanctuary as a No-Discharge Zone; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the United States Secretary of Commerce, the Administrator of the United States Environmental Protection Agency, the Governor of the State of Hawaii, each member of Hawaii's Congressional delegation, and the manager, co-manager, and advisory council of the Hawaiian Islands Humpback Whale National Marine Sanctuary.

	OFFERED BY:	_____________________________

Report Title:

Prohibit Sewage Dumping In Humpback Whale and Marine Sanctuary

THE SENATE	S.R. NO.	71
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII