STAND. COM. REP. NO. 1090

Honolulu, Hawaii

RE:    H.B. No. 718

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred H.B. No. 718 entitled:

"A BILL FOR AN ACT RELATING TO KAKAAKO,"

begs leave to report as follows:

     The purpose of this measure is to require the Hawaii Community Development Authority to set aside the old ice chute and fuel dock operations building site at the Kewalo Basin Cove for use by the Kewalo Keiki Fishing Conservancy.

     Specifically, this measure:

     (1)  Requires the Hawaii Community Development Authority to set aside a portion of tax map key (first division) 2‑1‑058:41 and tax map key 2-1-058:116 for continued use by the Kewalo Keiki Fishing Conservancy; and

     (2)  Requires the Hawaii Community Development Authority to proceed with any necessary environmental remediation at the site, using their existing funds that have been set aside for remediation purposes.

     Testimony in support of this measure was submitted by the Kewalo Keiki Fishing Conservancy, the Kaka‘ako Shoreline Park Plan, the Hawaii Near Shore Fishermen, and one hundred sixty-three individuals.  Testimony in opposition to this measure was submitted by the Department of the Attorney General and the Hawaii Community Development Authority.

     Your Committee finds that the Kewalo Keiki Fishing Conservancy is a unique fishing school at Kewalo Basin and was established due to an observation that many of Hawaii's children were disconnected from the marine environment and activities.  The Conservancy focuses on reconnecting children with the land they live on and the water that surrounds their home.  Since 2004, over five hundred children have visited the Conservancy and participated in its programs.  The Conservancy advocates a tag and release fishery at the Kewalo Basin Cove, which consists of bait fish, squid, herbivore fish, and predatory fish.  The tag and release program provides children an opportunity to learn about fishing and marine life and to participate in sustainable practices.  From 2004 to 2006, the Conservancy has tagged over seventeen thousand five hundred fish.

     It was indicated to your Committee that the Hawaii Community Development Authority has health and safety concerns regarding setting aside tax map keys (first division) 2-1-058:41 and 2‑1‑058:116.  The Development Authority has suggested an alternative site for the Kewalo Keiki Fishing Conservancy to use at the Kewalo Basin Net Shed area, which the Development Authority feels would allow better access and accommodations for the Conservancy.  The Development Authority is concerned that the Conservancy's present location does not provide adequate facilities or infrastructure and is concerned that the site may have environmental ground contamination.  Your Committee notes that the Department of Health did not submit testimony regarding this measure, and encourages the Department of Health to provide input relating to whether any health risks exist at the Conservancy site.

     Furthermore, the Hawaii Community Development Authority indicated to your Committee that it presently does not have any funds set aside for any necessary environmental remediation work.  Thus, your Committee further finds that the Development Authority will need funds to accomplish the requirements of this measure, if passed.

     Accordingly, your Committee has amended this measure by:

     (1)  Adding an appropriation section with an unspecified amount to the Hawaii Community Development Authority for any necessary remediation at tax map keys (first division) 2-1-058:41 and 2-1-058:116 for continued use by the Kewalo Keiki Fishing Conservancy;

     (2)  Adding an effective date of July 1, 2050, to promote further discussion on this matter; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 718, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 718, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Agriculture, and Hawaiian Affairs,

____________________________

RUSSELL S. KOKUBUN, Chair