STAND. COM. REP. NO.  264-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2917

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred H.B. No. 2917 entitled:

"A BILL FOR AN ACT RELATING TO HARBORS,"

begs leave to report as follows:

     The purpose of this bill is to require the Department of Transportation (DOT) to allow commercial fishing vessels with a use permit for Kewalo Basin to moor at Honolulu Harbor during inclement weather or ocean conditions that causes Kewalo Basin to be shut down, to unload the owner's or operator's catch of fish to a business operating within Honolulu Harbor.

     DOT supported the intent of this bill.  Several concerned individuals provided comments.

     Your Committee has amended this bill by:

(1)  Adding the requirement that the vessel owner is current on its payments of any fees, fines, and penalties assessed against the vessel due to the State;

(2)  Allowing the vessel owner or operator having the use permit for Kewalo Basin to conduct other business within Honolulu Harbor;

(3)  Authorizing vessel owners and operators that have a use permit for Honolulu Harbor to access Kewalo Basin under certain conditions; and

(4)  Making technical, nonsubstantive amendments for style, clarity, and consistency.

     Your Committee finds that privileges given to Kewalo Basin use permit holders under this bill, should similarly be given to Honolulu Harbor use permit holders.  However, as the vessels that use Honolulu Harbor are likely to be larger than the vessels that use Kewalo Basin, the circumstances under which a Honolulu Harbor use permit holder may use Kewalo Basin may be more limited than those under which a Kewalo Basin use permit holder may use Honolulu Harbor.  Therefore, your Committee finds that it is best left to the discretion of the harbor manager of Kewalo Basin to determine these suitable circumstances.

     As affirmed by the record of votes of the members of your Committee on Water, Land, Ocean Resources & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2917, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2917, H.D. 1, and be referred to the Committee on Transportation.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Ocean Resources & Hawaiian Affairs,

____________________________

KEN ITO, Chair