Bill Text: HI SB2409 | 2010 | Regular Session | Amended
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. 2384
Honolulu, Hawaii
RE: S.B. No. 2409
Honorable Colleen Hanabusa
President of the Senate
Twenty-Fifth State Legislature
Regular Session of 2010
State of Hawaii
Madam:
Your Committee on Water, Land, Agriculture, and Hawaiian 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 measure is to require that any conditions on permits issued for the taking of marine life or boating and coastal activities in Marine Life Conservation Districts shall be adopted pursuant to administrative procedures.
Testimony in support of this measure was submitted by one organization. One organization submitted comments, and one state agency submitted testimony in opposition. Written testimony presented to the Committee may be reviewed on the Legislature's website.
Companies engaging in operations at Molokini Island are required to have a Marine Life Conservation District permit, according to section 190-4, Hawaii Revised Statutes. The statute authorizes the Department of Land and Natural Resources to impose terms and conditions as deemed necessary for those permits. Recently, the existing permits for the Molokini Island companies expired and new permits with new conditions were imposed. The Molokini Island companies were included in discussions with the Department of Land and Natural Resources for the new conditions, however, shortly before the issuance of the new permits, there was a serious breakdown of communications. Some of the new conditions imposed were not part of the previous discussions. Several of the companies have experienced contractual hardships due to the new conditions, and face the possibility of future lawsuits for false advertising.
The Molokini Island companies recognize that it is a Marine Life Conservation District, and do not want to see the area damaged in any way. Molokini Island is an attractive destination because of its pristine condition. However, the companies feel that the new conditions were imposed in a swift manner, with no opportunity for feedback or negotiation. This measure would require the Department of Land and Natural Resources to follow administrative procedures, including public hearings, prior to being able to impose any conditions on this type of permit.
As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2409 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Water, Land, Agriculture, and Hawaiian Affairs,
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____________________________ CLAYTON HEE, Chair |
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