STAND. COM. REP. NO.  1062

Honolulu, Hawaii

                , 2013

RE:   S.B. No. 1371

      S.D. 2

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs, to which was referred S.B. No. 1371, S.D. 2, entitled:

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

beg leave to report as follows:

The purpose of this measure is to promote the study of Hawaiian culture, history, and language, in accordance with article X, section 4 of the Hawaii State Constitution, by requiring the Department of Land and Natural Resources to accommodate the mooring in state small boat harbors of native Hawaiian canoes operated by an educational entity.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources and two individuals.  One individual submitted testimony in opposition to this measure.

     Your Committees have amended this measure by:

     (1)  Specifying that the accommodations required by this measure shall be available to entities operated exclusively for educational purposes;

     (2)  Directing, rather than authorizing, the Chairperson of the Board of Land and Natural Resources to make rules for the accommodation of native Hawaiian canoes;

     (3)  Changing its effective date to upon approval; and

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

     Your Committees note that this measure stimulated a productive discussion on the nature of the accommodation required and the important interests of various users of state small boat harbors.  Your Committees note that the rulemaking process required by this measure will afford an opportunity for community input and consideration of important community interests in these public facilities, particularly the interests of persons engaged in subsistence fishing, some of whom also use native Hawaiian canoes for their purposes.

     As affirmed by the records of votes of the members of your Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1371, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1371, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs,

____________________________ FAYE P. HANOHANO, Chair

____________________________ CINDY EVANS, Chair