Bill Text: HI SB2409 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Marine Life Conservation District; Permit Conditions

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2010-05-04 - (H) Act 077, on 5/4/2010 (Gov. Msg. No. 289). [SB2409 Detail]

Download: Hawaii-2010-SB2409-Amended.html

---

 

 

STAND. COM. REP. NO.  721-10

 

Honolulu, Hawaii

                , 2010

 

RE:   S.B. No. 2409

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Economic Revitalization, Business, & Military Affairs, to which was referred S.B. No. 2409 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this bill is to reduce hardships on holders of Marine Life Conservation District (MLCD) permits caused by changes in permit conditions by requiring these types of changes to be adopted pursuant to Chapter 91, Hawaii Revised Statutes (Chapter 91), rulemaking procedures.

 

     Frogman Charters, Ocean Tourism Coalition, and Maui Classic Charters supported this bill.  The Department of Land and Natural Resources (DLNR) and Fair Wind Cruises opposed this bill.  The Nature Conservancy of Hawaii submitted comments.

 

     In response to damage caused to the reef near Molokini Island by a commercial boat operator, DLNR imposed new conditions for permits to moor in the area.  Due to a breakdown in communications, some companies were not given timely notice of some of the new conditions.  The result is the present bill.

 

     Your Committee finds that sufficient notice of proposed changes in permit conditions would allow commercial boat owners to discuss the new conditions with DLNR, prepare for compliance, and avoid unnecessary costs.  While providing this notice, rulemaking procedures would also require a year or longer for any change in permit conditions, a delay that DLNR testified would be devastating to its ability to manage the MLCDs.  DLNR also testified that in some cases permit conditions must be altered promptly without much notice, providing as an example, changes necessary for State risk management to avoid liability for injuries to persons or property due to litigation.

 

     Upon reflection, your Committee has amended this bill by striking the reference to Chapter 91 rulemaking and requiring that DLNR, if at all possible, shall provide 90 days written notice of any change in MLCD permit conditions.

 

     Your Committee respectfully requests the Committee on Water, Land, and Ocean Resources, to which this bill is next referred, to consider whether there are alternatives to the phrase "if at all possible," that would provide clearer standards for DLNR to follow, while providing necessary exceptions to the 90-day notice requirement.

 

     As affirmed by the record of votes of the members of your Committee on Economic Revitalization, Business, & Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2409, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2409, H.D. 1, and be referred to the Committee on Water, Land, & Ocean Resources.

 

Respectfully submitted on behalf of the members of the Committee on Economic Revitalization, Business, & Military Affairs,

 

 

		____________________________ ANGUS L.K. MCKELVEY, Chair