STAND. COM. REP. NO. 933

Honolulu, Hawaii

RE: S.B. No. 1478

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 1478, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL HARBORS,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Require masters or persons in charge of vessels to follow an order by a harbor master to evacuate a commercial harbor in emergencies;

(2) Establish higher penalties for noncompliance; and

(3) Authorize fines collected for violations of this requirement as moneys to be paid into the Harbor Special Fund.

Your Committees received testimony in support of this measure from the Department of Transportation and Department of Defense.

Your Committees received testimony in opposition to this measure from the Hawaii Longline Association and Holo Holo Charters, Inc.

Your Committees received comments on this measure from the Matson Navigation Company, Inc. and The Maritime Group.

Your Committees find that it is vital that commercial harbor users evacuate commercial harbors when ordered by the harbor master, particularly in emergency situations. There have been instances when the United States Coast Guard has closed a commercial harbor as part of an emergency response and the people responsible for the vessel did not follow the harbor master's order to evacuate. By clarifying both the requirement and the associated penalty for noncompliance, this measure will encourage vessel owners, agents, and crew to plan ahead for port closures and develop plans for evacuation.

Your Committees note the concerns raised in testimony regarding the evacuation and safety impediments for vessels under a certain gross registered tonnage. Your Committees also acknowledge the unique challenges smaller vessels experience when following evacuation orders during hazardous sea conditions.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1478, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair