STAND. COM. REP. NO. 3358

Honolulu, Hawaii

RE: S.C.R. No. 124

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committees on Transportation and Energy, Public Safety, Intergovernmental, and Military Affairs, and Agriculture and Environment, to which was referred S.C.R. No. 124 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION AND CITY AND COUNTY OF HONOLULU TO IMPLEMENT SAFEGUARDS AT HAUULA BEACH PARK TO PROTECT HAWAIIAN MONK SEALS,"

beg leave to report as follows:

The purpose and intent of this measure is to request the Department of Transportation and City and County of Honolulu to protect Hawaiian monk seals at Hauula Beach Park by implementing safeguards.

Your Committees received testimony in support of this measure from the Department of Transportation, O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, and one individual. Your Committees received testimony in opposition to this measure from one individual. Your Committees received comments on this measure from the Department of Land and Natural Resources.

Your Committees find that Hawaiian monk seals are an endangered species found only in the Hawaiian Islands, and are protected by the Endangered Species Act, Marine Mammal Protection Act, and state law in Hawaii. Your Committees further find that Hawaiian monk seals often visit Hauula Beach Park. Human visitors to Hauula Beach Park who do not know the laws protecting the seals frequently come too close to the seals to take pictures of or with the seals, creating a risk of injury to the seals and the person. Another major danger to the seals is their tendency to sleep under parked vehicles in the area. In order to keep seal and human visitors to Hauula Beach Park safe, clear safeguards protecting Hawaiian monk seals at the park are necessary.

Your Committees received testimony from the Department of Land and Natural Resources noting that the National Oceanic and Atmospheric Administration is the lead agency and enforcement authority with regard to laws protecting Hawaiian monk seals. The testimony from the Department of Land and Natural Resources also noted that it currently works with the National Oceanic and Atmospheric Administration to enforce the laws protecting Hawaiian monk seals.

Accordingly, your Committees have amended this measure by:

(1) Making the Department of Land and Natural Resources, rather than the Department of Transportation, the lead agency of the request;

(2) Requesting the Department of Land and Natural Resources to consult with the National Oceanic and Atmospheric Administration, Department of Transportation, and City and County of Honolulu to implement safeguards;

(3) Amending the title of this measure in accordance with its amended purpose; 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 Transportation and Energy, Public Safety, Intergovernmental, and Military Affairs, and Agriculture and Environment that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 124, as amended herein, and recommend its adoption in the form attached hereto as S.C.R. No. 124, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Transportation and Energy, Public Safety, Intergovernmental, and Military Affairs, and Agriculture and Environment,

________________________________ CLARENCE K. NISHIHARA, Chair	________________________________ LORRAINE R. INOUYE, Chair
	________________________________ MIKE GABBARD, Chair