STAND. COM. REP. NO.  185-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 3176

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. 3176 entitled:

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE PENALTIES FOR DAMAGE TO STONY CORAL AND LIVE ROCK,"

begs leave to report as follows:

     The purpose of this bill is to facilitate the imposition of administrative penalties for damage to stony coral and live rock by imposing penalties on a "per square meter" basis, in addition to the "per specimen" basis.

     The Office of Hawaiian Affairs, the Nature Conservancy of Hawaii, and several concerned individuals testified in support of this bill.  The Department of Land and Natural Resources, Ocean Tourism Coalition, and several concerned individuals provided comments.

     Your Committee finds that the current method of calculating penalties for the taking, killing, or injuring of threatened or endangered aquatic life per specimen is difficult to measure for stony coral and live rock, which is more easily calculated on a damaged area basis.  Using the "per square meter" method will enable the Board of Land and Natural Resources to effectively assess administrative penalties for damage to stony coral and live rock.

     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. 3176 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

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

____________________________

KEN ITO, Chair