HB2713.DOC

SECTION 1. The legislature finds that marine activities are gaining in popularity with Hawaii's residents and are one of the biggest draws to Hawaii for the visitor industry. The legislature also finds, however, that in recent years, the massive budget deficit brought on Hawaii by outside economic forces has resulted in the loss of conservation and resource enforcement officers to help ensure that safety and resource management rules governing marine activities are followed and that Hawaii's waters are safe for various recreational users. As a result, there is often only one conservation and resource enforcement officer who is assigned to cover a large geographical region, making it almost impossible to ensure that there is oversight for marine activities.

The legislature also finds that violations committed by people who are unaware of marine safety and resource management rules have resulted in more accidents. For example, a well-loved and respected member of the paddling and West Maui community was killed by a thrill craft operated by a person who was unaware that department of land and natural resources administrative rules prohibited the operation of thrill craft in the area.

Even if the State were to install proper markers and buoys at all locations, such markers and buoys alone would not offer adequate protections for various ocean users without enforcement personnel to monitor, educate, and inform ocean users regarding the importance of complying with rules.

The legislature also finds that there are ocean users who know that there are no enforcement personnel in the area and thus blatantly disregard boating rules and codes of conduct required of various ocean users to ensure safety. Furthermore, the legislature finds that, even in cases where an enforcement officer is able to respond and cite a violator, the lack of witnesses often means that the cases are not pursued because of the lack of corroborating witnesses.

The legislature further finds that, even in the best of economic recoveries, resource management and enforcement of these areas will require a multitude of knowledgeable and well-qualified ocean users who, with the proper training and coordination, help ensure that the applicable rules regarding marine activities are being followed for the safety and enjoyment of all. The legislature also finds that these citizens could also act as educators to inform ocean users and visitors on the applicable rules and codes of conduct for these areas and why compliance with such rules and codes are important for their safety and enjoyment.

The citizen marine patrol program established under this Act requires that a volunteer successfully complete a training program before serving on the citizen marine patrol. Like other citizen patrol programs, the legislature recognizes that these are not law enforcement officers and would not operate as such, nor have the color of authority to act in such a capacity. Rather, these citizens would act as assistants, observers, and educators to help state officers with oversight in areas that they currently cannot cover due to the department of land and natural resources' lack of sufficient enforcement personnel.

The purpose of this Act is to establish a citizen marine patrol program within the department of land and natural resources to engage the community of water users who want to assist in ensuring that the State's waters are safe and enjoyable for all.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171- Citizen marine patrol program. The department shall adopt rules pursuant to chapter 91 to establish a citizen marine patrol program. The citizen marine patrol program shall:

(1) Provide educational opportunities to citizens regarding what to expect in emergency situations in terms of immediate services;

(2) Foster among the citizenry a sense of responsibility for mitigation and preparedness;

(3) Train citizens in life saving skills with an emphasis on decision making, rescue safety, and doing the greatest good for the greatest number; and

(4) Organize teams of citizens to be an extension of first responder services offering immediate assistance to victims until professional services arrive."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 for the establishment of a citizen marine patrol program pursuant to this Act.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2012.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2713
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII