STAND. COM. REP. NO. 3675

Honolulu, Hawaii

RE: S.R. No. 198

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.R. No. 198 entitled:

"SENATE RESOLUTION REQUESTING THE LEGISLATIVE REFERENCE BUREAU, IN CONSULTATION WITH THE DEPARTMENT OF LAND AND NATURAL RESOURCES DIVISION OF BOATING AND OCEAN RECREATION AND KANEOHE BAY REGIONAL COUNCIL, TO CONDUCT A STUDY OF COMMERCIAL ACTIVITY ON KANEOHE BAY TO QUANTIFY THE AMOUNT OF NON-PERMITTED COMMERCIAL ACTIVITY THAT IS OPERATING IN VIOLATION OF THE KANEOHE BAY MASTER PLAN,"

begs leave to report as follows:

The purpose and intent of this measure is to request the Legislative Reference Bureau, in consultation with the Department of Land and Natural Resources Division of Boating and Ocean Recreation and the Kaneohe Bay Regional Council, to conduct a study on Kaneohe Bay to quantify the amount of non-permitted commercial activity that is operating in violation of the Kaneohe Bay Master Plan.

Your Committee received testimony in support of this measure from Ko‘olaupoko Hawaiian Civic Club and one individual. Your Committee received comments on this measure from the Department of Land and Natural Resources and Legislative Reference Bureau.

Your Committee finds that the Kaneohe Bay Master Plan was developed pursuant to Act 208, Session Laws of Hawaii 1990, to establish a framework for the sustainable management of Kaneohe Bay's natural resources while accommodating a variety of uses. The vision set forth by the Kaneohe Bay Master Plan continues to center on the preservation and protection of Kaneohe Bay's natural resources for the continued enjoyment of Hawaii's people. However, limits on commercial activity have been exceeded by other activities not previously envisioned, and by new technologies that support their proliferation. Recent expanded commercial activity include non-permitted or non-compliant boat excursions from Heeia Kea Small Boat Harbor and pre-positioned kayak rentals at Heeia State Park that are advertised, coordinated, and paid online. To strike a balance between the preservation and protection of Kaneohe Bay's natural resources and commercial activities, further research may allow key stakeholders to uphold the original purpose of the Kaneohe Bay Master Plan.

Your Committee has amended this measure by:

(1) Requesting the Department of Land and Natural Resources Division of Boating and Ocean Recreation, rather than the Legislative Reference Bureau, to conduct the study;

(2) Amending its title accordingly; and

(3) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 198, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 198, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

________________________________

LORRAINE R. INOUYE, Chair