STAND. COM. REP. NO. 3019

Honolulu, Hawaii

RE:    H.B. No. 2583

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred H.B. No. 2583, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this measure is to establish civil penalties for shark feeding, including seizure and forfeiture of any commercial marine license, vessel, and fishing equipment, and imposition of administrative fines.

     Furthermore, this measure clarifies that all costs and expenses associated with the disposal of an impounded unauthorized vessel by the Department of Land and Natural Resources shall be borne by the vessel owner.

     Your Committee received comments in opposition to the measure from the Department of the Attorney General and seven concerned individuals.  The written comments presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that this measure clarifies that the vessel owner shall be responsible for absorbing the costs and expenses related to the disposition of impounded unauthorized vessels within state small boat harbors and offshore mooring areas and for all mooring fees incurred prior to impoundment.  Furthermore, your Committee finds that the impoundment of a vessel used to engage in shark feeding prohibited in state marine waters will serve as a serious deterrent to this conduct.

     Your Committee has amended this measure by:

(1)  Clarifying the penalty language to indicate that commercial marine vessels used during illegal shark feeding are subject to impoundment and forfeiture;

(2)  Changing the effective date to July 1, 2020, to facilitate further discussion on the measure; and

(3)  Making technical, nonsubstantive amendments for the purposes of clarity and style.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2583, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2583, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONNA MERCADO KIM, Chair