STAND. COM. REP. NO. 1098

Honolulu, Hawaii

RE:    H.B. No. 1478

       H.D. 1

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committees on Water and Land and Energy and Environment, to which was referred H.B. No. 1478, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAIIAN ISLANDS HUMPBACK WHALE NATIONAL MARINE SANCTUARY,"

beg leave to report as follows:

     The purpose and intent of this measure is to establish the Hawaiian Islands humpback whale national marine sanctuary program to coordinate and fulfill the State's duties in co-managing the Hawaiian Islands Humpback Whale National Marine Sanctuary.

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources; Office of Planning; Conservation Council for Hawaii; Hawaii Green Growth; Aqua Lung Pacific; Kuaaina Ulu Auamo; Hawaii Pacific University; Aha Moku Advisory Council; Hanalei Watershed Hui; The Nature Conservancy; Hawaii Fishermens Alliance for Conservation and Tradition, Inc.; Maui Nui Marine Resource Council; Ocean Tourism Coalition; and nine individuals.  Your Committees received comments on this measure from one individual.

     Your Committees find that the Hawaiian Islands Humpback Whale National Marine Sanctuary provides an essential habitat for breeding, calving, and nursing activities of the endangered North Pacific humpback whale.  Since 1998, the Sanctuary has been co‑managed by Hawaii and the National Oceanic and Atmospheric Administration of the United States Department of Commerce.  The State and the National Oceanic and Atmospheric Administration entered into a compact for co-management of the Sanctuary to improve interagency coordination and to enhance management of Hawaii's humpback whales and other marine resources.  However, the State's role in co-managing the Sanctuary has yet to be codified under state law.

     Your Committees further find that the Sanctuary has achieved many successes over the last fifteen years, including disentangling over twenty humpback whales, conducting cutting-edge research, and developing nationally-recognized education and outreach programs.

     Your Committees have amended this measure by:

(1)  Clarifying that the State co-manages the Hawaiian Islands Humpback Whale National Marine Sanctuary, which is created by federal law, through the sanctuary program and clarifying the State's duties under the sanctuary program;

(2)  Clarifying references to federal Acts and the United States Code;

     (3)  Changing the effective date to July 1, 2015; and

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

     As affirmed by the records of votes of the members of your Committees on Water and Land and Energy and Environment that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1478, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1478, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Energy and Environment,

________________________________ MIKE GABBARD, Chair

________________________________ LAURA H. THIELEN, Chair