STAND. COM. REP. NO. 1371

Honolulu, Hawaii

, 2025

RE: S.B. No. 841

S.D. 1

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Water & Land, to which was referred S.B. No. 841, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MARINE LIFE CONSERVATION DISTRICTS,"

begs leave to report as follows:

The purpose of this measure is to require the Department of Land and Natural Resources to establish and conduct a Marine Life Conservation District Carrying Capacity program to assess the carrying capacity of the marine life conservation districts and propose long-term management options to protect the State's marine life conservation districts.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Mālama Pūpūkea-Waimea; Hawai‘i Reef and Ocean Coalition; and four individuals. Your Committee received testimony in opposition to this measure from the Native Hawaiian Gathering Rights Association; Ocean Tourism Coalition; and three individuals. Your Committee received comments on this measure from the Activities and Attractions Association of Hawaii; True Blue Inc., DBA Kauai Beach Boys DBA Da Life Outdoor Gear; and Sailing Maui Inc.

Your Committee finds that the State's marine life conservation districts serve an important role in conserving and replenishing the State's marine resources. Your Committee further finds that although non-consumptive uses of marine life conservation districts, such as swimming, snorkeling, and diving, have been historically allowed, it has become increasingly evident that these activities can have significant impacts on nearshore ecosystems. Your Committee believes that assessing the impacts of these activities and human-use thresholds, as proposed by this measure, will enable the State to develop appropriate restrictions to protect the State's valuable marine life resources while still allowing residents and visitors adequate access to these areas.

Your Committee has amended this measure by:

(1) Requiring the Department of Land and Natural Resources to consult with existing permit-holding commercial operators, rather than community nonprofits, in conducting the Marine Life Conservation District Carrying Capacity Program;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount between $300,000 to $1,000,000.

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 841, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 841, S.D. 1, H.D. 1, and be referred to your Committee on Finance.

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

____________________________

MARK J. HASHEM, Chair