STAND. COM. REP. NO.  1039-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 3440

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred H.B. No. 3440, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ISLAND OF NI‘IHAU,"

begs leave to report as follows:

     The purpose of this bill is to protect the people of and natural resources on and around the island of Ni‘ihau by creating a marine life conservation district within the waters surrounding the island of Ni‘ihau with exceptions for subsistence fishing and limu harvesting by the residents of Ni‘ihau.

     Pae‘aina Communications, LLC., testified in support of this bill.  Hawaii Nearshore Fishermen testified in opposition to this measure.

     Your Committee has amended this bill by:

     (1)  Deleting the current language allowing for subsistence fishing and limu harvesting by the residents of Ni‘ihau;

     (2)  Inserting language that requires the Department of Land and Natural Resources (DLNR), in conjunction with the ‘Aha Kiole Advisory Committee and, when established, the ‘Aha Moku Council, to adopt rules that:

(A)  Restrict all forms of thrill craft, including jet skis, and tour boat activities in the marine life conservation district;

(B)  Permit all current forms of fishing as provided by statute within the marine life conservation district; and

(C)  Permit, restrict, or condition other activities, including allowing exceptions to the conservation district and other rules and prohibitions consistent with sections 190-3 and 190-4, Hawaii Revised Statutes.

          and

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

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3440, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 3440, H.D. 2.

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

____________________________

MARCUS R. OSHIRO, Chair