STAND. COM. REP. NO. 2658

Honolulu, Hawaii

RE: S.B. No. 2721

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.B. No. 2721 entitled:

"A BILL FOR AN ACT RELATING TO OCEAN RECREATION,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify that violation of part I of chapter 200, Hawaii Revised Statutes, relating to ocean recreation and coastal areas, or any rules adopted thereunder shall be subject to criminal penalties.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawaiʻi Fishermen's Alliance for Conservation and Tradition, Inc.; and one individual.

Your Committee received testimony in opposition to this measure from Quicksilver Charters.

Your Committee finds that small boat harbors and boating facilities are some of the most heavily trafficked facilities in the State, used by residents and tourists alike. The Division of Conservation and Resources Enforcement of the Department of Land and Natural Resources is responsible for enforcing all statutes and administrative rules violations in small boat harbors and boating facilities. Much of the enforcement efforts at small boat harbors and boating facilities are necessary to ensure public health and safety, such as responding to vandalism, theft, trespassing, and squatting. This measure will deter violators and repeat offenders of boating laws by imposing stricter penalties.

Your Committee has amended this measure by:

(1) Clarifying that penalties shall only be imposed on individuals that knowingly or intentionally violate the rules;

(2) Clarifying that vessels shall not be subject to fines imposed by this measure, but fines shall be imposed on any agents, owner, or crew of any vessel that violates the rules;

(3) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments 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 is in accord with the intent and purpose of S.B. No. 2721, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2721, S.D. 1, and be referred to your Committee on Judiciary.

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

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LORRAINE R. INOUYE, Chair