STAND. COM. REP. NO.  539-08

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 Transportation, to which was referred H.B. No. 2917, H.D. 1, 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:

     (1)  Vessels with a use permit for Kewalo Basin to moor at Honolulu Harbor:

          (A)  During inclement weather or ocean conditions that cause Kewalo Basin to be shut down;

          (B)  To unload the owner's or operator's catch of fish to a business operating within Honolulu Harbor; and

          (C)  To conduct other business within Honolulu Harbor;

          and

     (2)  Vessels with a use permit for Honolulu Harbor to access Kewalo Basin under certain conditions.

     Several concerned individuals supported this bill.  DOT supported the intent of this measure.

     Sometimes harbor conditions at both Honolulu Harbor and Kewalo Basin necessitate a ship's captain to make the determination to divert the vessel for safety reasons.  However, not all vessels are authorized to enter these harbors without first obtaining permission from harbor personnel.  This measure would allow for captains to make decisions to divert to a safer harbor more rapidly.

     Your Committee recognizes the concerns raised by DOT that jurisdictional issues regarding the management of the submerged lands of Kewalo Basin remain undecided and that DOT may not have the authority to allow entry of vessels into Kewalo Basin.  Nevertheless, your Committee finds that this measure deserves further consideration.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2917, H.D. 1, and recommends that it be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

JOSEPH M. SOUKI, Chair