THE SENATE	S.R. NO.	165
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

SENATE RESOLUTION

requesting the department of land and natural resources to implement an immediate fine for grounded vessels that have reasonably caused significant damage to the environment or created a material burden on the State for its removal.

WHEREAS, grounded vessels can cause considerable damage to the State's natural resources as the physical impacts from ship hulls jostled by the tides can fracture and displace fragile coral colonies; in addition, fuels and chemicals can leak from ships, poisoning fish and other native marine wildlife; and

WHEREAS, since 2002, the Department of Land and Natural Resources' Division of Boating and Ocean Recreation has removed nearly one hundred grounded or abandoned derelict vessels from state waters costing the State approximately $2.37 million from the Boating Special Fund; and

WHEREAS, in February 2023, a luxury yacht was grounded in Honolua Bay, Maui, a conservation area, spilling diesel fuel and grinding coral into pieces while it remained stuck for days in state waters; and

WHEREAS, the Department of Land and Natural Resources estimates that the efforts to salvage the vessel, which ultimately sank three miles off the coastline, cost the State approximately $460,000; and

WHEREAS, under the current process, the Department of Land and Natural Resources is required to submit a recommendation of its proposed administrative penalties -- which may include, among other things, fines, lost resource damage values, damages to the public, and the cost of investigation and vessel salvage -- to the Board of Land and Natural Resources; and

WHEREAS, the process of gathering information and assessing the total damage caused by a grounded vessel, often necessitating the expertise of Division of Aquatic Resources biologists and technicians, can take weeks or months; and

WHEREAS, an immediate fine for grounded vessels, in addition to any other fines ultimately determined by the Department, could serve as a deterrence to irresponsible vessel owners and operators and simultaneously provide a cost offset for the State while it salvages the vessel and investigates the full extent of the damage; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Department of Land and Natural Resources is requested to implement an immediate fine for grounded vessels that have reasonably caused significant damage to the environment or created a material burden on the State for its removal, while the State investigates and finalizes its recommended penalties to the Board of Land and Natural Resources; and

BE IT FURTHER RESOLVED that the amount of the fine is requested to be $10,000; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

OFFERED BY:

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Report Title:

Grounded Vessels; Board of Land and Natural Resources; Department of Land and Natural Resources; Fines