HR179.DOC

WHEREAS, our ocean ecosystems represent a precious natural resource for our state, providing a unique and wondrous attraction for both residents and visitors; and

WHEREAS, recognizing the importance of the role the Hawaiian islands play in the preservation and long-term vitality of the endangered humpback whale, the Hawaiian Islands Humpback Whale National Marine Sanctuary (Sanctuary) was established in 1992 for the protection of the ecological habitat necessary for the recovery of this protected species; and

WHEREAS, the Sanctuary is also home to other endangered and protected species such as green sea turtles, hawksbill sea turtles, and monk seals; and

WHEREAS, the condition of Hawaii's marine waters and its environment are vitally important not only as a resource for the people of Hawaii, but also for the health of the tourism industry and the state economy in general; and

WHEREAS, unfortunately, there have been increasing numbers of complaints from residents and visitors alike regarding the practice of tour boat operators dumping concentrated human sewage into the waters of the Sanctuary; and

WHEREAS, the County Council of Maui has responded to this problem by adopting Resolution No. 06-10 in February of 2006 stating that "...it is imperative that dumping of raw sewage and chemical contaminants into our ocean cease immediately, and that our precious marine ecosystem, which our residents and tourist industry cherish and depend on, be protected..."; and

WHEREAS, mobile, dock-side "pumper" trucks are available at certain harbors; and

WHEREAS, the State has provided permanent facilities for sewage handling at other harbors in or adjacent to the Sanctuary and has prohibited dumping of most vessel sewage within state waters; and

WHEREAS, the federal government can and should prohibit the dumping of sewage in the waters of the Sanctuary by rule-making, pursuant to the enabling legislation authorizing and creating the Sanctuary (The National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., as amended, and the Hawaii Islands National Marine Sanctuary and Protection Act subtitle C, title II, Pub. L. 102-587, as amended); now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, that the federal government is urged to prohibit dumping of vessel sewage within the boundaries of the Sanctuary by adopting rules pursuant to the enabling legislation authorizing and creating the Sanctuary; and

BE IT FURTHER RESOLVED that the Department of Land and Natural Resources and other state agencies and personnel, including the State Co-Manager of the Sanctuary, are requested to cooperate with, assist, and encourage efforts to prohibit dumping of vessel sewage within the boundaries of the Sanctuary; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the United States Secretary of Commerce, Director of the National Marine Sanctuary Program, State Co-Manager of the Sanctuary, Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council, Chairperson of the Department of Land and Natural Resources, and members of Hawaii's congressional delegation.

	OFFERED BY:	_____________________________

Report Title:

Hawaiian Islands Humpback Whale National Marine Sanctuary

HOUSE OF REPRESENTATIVES	H.R. NO.	179
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII