STAND. COM. REP. NO. 994

Honolulu, Hawaii

RE:    H.B. No. 931

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Water, Land, and Housing, to which was referred H.B. No. 931 entitled:

"A BILL FOR AN ACT RELATING TO SMALL BOAT HARBORS,"

begs leave to report as follows:

     The purpose and intent of this measure is to require vessels that are moored within state small boat harbors or in offshore mooring areas to be moved under their own power at least once every ninety days to demonstrate that the vessels are in good material and operating condition.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources.  Your Committee received testimony in opposition to this measure from Lisa Harrington, Krista Leblanc, Trace Harrington, Beth Malvestiti, William Brattain, William Marshall, Joseph Shacat, Alvin Koo, Donald Scelsa, Dave Cooper, Robert Winter, Kate Johnson, and Sam Monet.

     Your Committee finds that requiring a vessel moored at a state small boat harbor or offshore mooring area to move periodically under its own power beyond the confines of the state small boat harbor in which it is moored supports the intent of section 200-9, Hawaii Revised Statutes, which is to restrict the use of state small boat harbors to those vessels that are in good material and operating condition.  Your Committee also understands, however, that increased vessel traffic into and out of state small boat harbors may result from this requirement, and increased vessel traffic brings the risk of accidents or injuries to other recreational users of state waters.

     Accordingly, your Committee has amended this measure by:

(1)  Reducing the frequency at which vessels that are moored at small boat harbors or in offshore mooring areas must be moved under their own power to at least once every six months, rather than once in a ninety day period, to lessen the impact of increased vessel traffic into and out of state small boat harbors; and

(2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Water, Land, and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 931, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 931, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

DONOVAN M. DELA CRUZ, Chair