STAND. COM. REP. NO.  1109

Honolulu, Hawaii

                , 2017

RE:   S.B. No. 992

      S.D. 2

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Ocean, Marine Resources, & Hawaiian Affairs, to which was referred S.B. No. 992, S.D. 2, entitled:

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

begs leave to report as follows:

The purpose of this measure is to clarify the actions that the Department of Land and Natural Resources (Department) may take when responding to grounded vessels.  Specifically, this measure clarifies that the Department may assume immediate control of:

     (1)  A vessel that is grounded on state submerged land, a shoreline, or a coral reef, or in imminent danger of breaking up, if the vessel cannot be removed by the owner within 24 hours of grounding; and

     (2)  A vessel not in imminent danger of breaking up that is grounded on a sand beach, sand bar, or mudflat, after the owner or owner's representative has been given 72 hours of notice to remove the vessel and has not done so in a reasonably safe manner;

provided that the foregoing shall not apply if the owner of the vessel receives notice from the Department and has commenced effective salvage operations.

The Department of Land and Natural Resources, Office of Hawaiian Affairs, Ocean Tourism Coalition, and several individuals testified in support of this measure.

     Your Committee has amended this measure by:

     (1)  Changing its effective date to December 24, 2088, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Ocean, Marine Resources, & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 992, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 992, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Ocean, Marine Resources, & Hawaiian Affairs,

____________________________

KANIELA ING, Chair