STAND. COM. REP. NO. 2971

Honolulu, Hawaii

RE:    H.B. No. 3173

       H.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Water and Land, to which was referred H.B. No. 3173, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GROUNDED VESSELS,"

begs leave to report as follows:

     The purpose of this measure is to minimize the damage done to natural resources of Hawaii and to prevent navigational hazards by authorizing the Department of Land and Natural Resources to remove a grounded vessel under its control by any means necessary if the vessel is in imminent danger of breaking up or when the owner cannot remove the grounded vessel in a reasonably safe manner within seventy-two hours.

     Testimony in support of this measure was submitted by the Department of Land and Natural Resources.  The Ocean Tourism Coalition and two individuals testified in support of the intent of this measure and provided recommended amendments.

     Your Committee expressed concern as to whether allowing the Department of Land and Natural Resources to use "any means necessary" to remove a grounded vessel under its control was an appropriate standard, or whether that standard was overly broad.

Your Committee encourages further discussion in this regard as the measure moves on to the Committee on Judiciary and Labor.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3173, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

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

____________________________

CLAYTON HEE, Chair